Terms


Terms of Use


This ExtLocker Service Agreement (the "Agreement") describes the Terms of Use on which ExtLocker ("we" or "our company") offer services to you ("User" or "You"). By joining, becoming a member of and/or registering for or using ExtLocker services, You agreeu to be bound by the following Terms of Use.

Eligibility for ExtLocker Services

Our Services are available only to individual and legal entities in good legal standing that can form legally binding contracts under applicable law. User hereby represents that he/she is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for User.

ExtLocker Services

Subject to the Terms of Use, ExtLocker makes certain Services available to User. For the purposes of this Agreement "User" refers to the individual or business entity that is using or registering to use the Services, including its employees and agents. ExtLocker "Services" means those electronic or interactive services offered by ExtLocker. ExtLocker reserves the right to change or discontinue any of the Services at any time.

You may upload on the Services, Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to ExtLocker and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content.

You, not ExtLocker, are solely responsible for the Content you upload and store on ExtLocker servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that ExtLocker reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.

User is solely responsible for maintaining the confidentiality of User access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.

Ownership

You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by ExtLocker or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by ExtLocker and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. ExtLocker, the ExtLocker logo and other ExtLocker products referenced herein are trademarks of ExtLocker, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.

User Information

User represents and warrants that the information it provides in ExtLocker contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, ExtLocker will have the right to suspend or terminate User's account and this Agreement.

Authoriziation

User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.

Access

User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of ExtLocker. It is User's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of User's Authorized Users.

Data

User has sole responsibility and liability for the data its stores on ExtLocker's servers. User controls its data through its generated link. ExtLocker encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. ExtLocker will delete User data upon termination of this Agreement. However, ExtLocker may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.

You agree to NOT use ExtLocker 's Service to:

    upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
    harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
    upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    upload any content related to animals sex, violence, scat or any other illegal content. Uploading any of listed above files will get your account closed.

Notifications

User will immediately notify ExtLocker if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).

Illegality/Adult Content

ExtLocker neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. ExtLocker reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should User violate this policy, ExtLocker will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

Wrongful Conduct

User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

Access and Interference

Violations or attempts to violate ExtLocker systems or to interrupt ExtLocker services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of ExtLocker Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of ExtLocker; or (b) Interference with Service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on ExtLocker 's infrastructure. User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services

Infringements

ExtLocker Services may be used only for lawful purposes. ExtLocker has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). ExtLocker operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here www.ExtLocker.com/dmca. As part of ExtLocker 's copyright policy, ExtLocker will terminate user access to the Website if a user has been determined to be a repeat infringer.

Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. ExtLocker reserves the right to suspend or terminate a User's transmission(s) that, in ExtLocker's discretion, violates these policies or violates any law or regulation.

You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.

You understand and agree that ExtLocker may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that ExtLocker does not promise that User Content you upload, store, or share using the Service will be maintained by ExtLocker. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that ExtLocker has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. ExtLocker retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.

ExtLocker will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, ExtLocker may review any such content and ExtLocker reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. ExtLocker does not endorse or support any User Content. ExtLocker does not guarantee the accuracy or reliability of any User Content. ExtLocker does not guarantee that User Content does not infringe third party rights, including intellectual property rights. ExtLocker does not guarantee that User Content will not be harmful or offensive. ExtLocker does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform ExtLocker.

ExtLocker permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, ExtLocker does not guarantee any confidentiality with respect to any uploads.

ExtLocker allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. ExtLocker reserves the right to discontinue any aspect of the ExtLocker website at any time.

You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:

    you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and
    You will not upload, or allow anyone else to upload, any material in breach of the Terms of Use referred to herein.
    You retain all of your ownership rights in your uploads.

In submitting material (video or other communication), you further agree that you shall not:

    submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ExtLocker all of the license rights granted herein;
    publish falsehoods or misrepresentations that could damage ExtLocker or any third party;
    submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
    Upload any and all viruses.
    Impersonate another person. ExtLocker does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and ExtLocker expressly disclaims any and all liability in connection with User uploads. ExtLocker does not permit copyright infringing activities and infringement of intellectual property rights through its service and ExtLocker will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. ExtLocker reserves the right to remove Content and User uploads without prior notice or delay. ExtLocker will also terminate a User's access to its Service, if they are determined to be an infringer. ExtLocker also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. ExtLocker may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using ExtLocker.com, you will be exposed to User uploads from a variety of sources and that ExtLocker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against ExtLocker with respect thereto and agree to indemnify and hold ExtLocker, its Owners, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that ExtLocker may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.

ExtLocker provides its website as a service to its users. However, ExtLocker assumes no responsibility whatsoever for monitoring the ExtLocker Services for inappropriate content or conduct. ExtLocker assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. ExtLocker may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

Termination of Accounts

By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms of Use or for the following reason we deem necessary.

We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.

A User's access to ExtLocker will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.

ExtLocker reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms of Use in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. ExtLocker may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Misuse

User shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on ExtLocker servers.

Other

Whether lawful or unlawful, ExtLocker reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware ExtLocker reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, ExtLocker will refer complaints to law enforcement authorities, and in such case, ExtLocker will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User accounts and data information. Complaints about violators of our Policy should be sent via e-mail to abuse@ExtLocker.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.

No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. ExtLocker Services are provided on an "as is" and "as available" basis. ExtLocker and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. ExtLocker and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) ExtLocker makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these Terms of Use.

Indemnity

You agree to defend, indemnify and hold harmless ExtLocker, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other ExtLocker policies, Terms of Use.

Limitation of Liability

Your use of ExtLocker is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that ExtLocker shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.

Modifications

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. ExtLocker may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these Terms of Use at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on ExtLocker 's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that ExtLocker may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.

Termination


Without limiting other remedies, ExtLocker may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a) ExtLocker believes that User has violated or acted inconsistently with this Agreement, or any of our policies; or (b) User has failed to pay fees or other payments due to ExtLocker; or (c) ExtLocker is unable to verify or authenticate any information User provides to ExtLocker; or (d) ExtLocker believes that User's actions may cause legal liability for User, ExtLocker 's other clients, or ExtLocker. ExtLocker may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice and acknowledge and agree that ExtLocker may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that ExtLocker shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of this Agreement by either User or ExtLocker, all of User rights under this Agreement, and ExtLocker 's provision of Services, will terminate immediately.

General

These Terms of Use will be governed by and construed in accordance with the Laws of the Hong Kong, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Website will be brought in Hong Kong and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. ExtLocker 's failure to act with respect to a breach by User or others does not waive ExtLocker 's right to act with respect to subsequent or similar breaches. No action by User arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

User and ExtLocker are strictly independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

User may not assign any of its rights, or delegate any of its duties, under this Agreement and any attempted assignment will be null and void.

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond ExtLocker 's control.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

ExtLocker Confidential Information


You represent and warrant to ExtLocker that you are not a competitor of ExtLocker AND you shall keep publicly unannounced information and materials pertaining to ExtLocker, pre-release software, testing or testing procedures strictly confidential AND you shall not use any information gained from access to the ExtLocker Website or use of the ExtLocker Services to compete with ExtLocker in its business.

Exceptions

Except for other agreements or terms appearing on the Web site, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.