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Terms of Services
General terms and conditions of use for the GigaSize 'Quick Upload' and 'Free account' services
The object of the present general terms and conditions is to govern the terms and conditions of use for the Service accessible on the GigaSize.com Website (hereinafter called the Website) and exclusively entitled "Premium Account" (hereinafter called the Service). This Service allows its user (hereinafter called the User) to stock via downloading his/her own files on the Website's servers, to transmit the contents of these files to third parties in the scope of private correspondences, and to share these files with contacts which he/she may choose among those appearing in his/her address book. The Website is operated by the corporation GIGASIZE.COM INC. (hereinafter called the Website's operator).
By clicking the 'I Accept' button, any user of the Services (hereinafter called the User) acknowledges to have taken full knowledge of the present general terms and conditions and to accept them entirely, without any restriction. Any adhesion made under reserves shall be considered null and void, the Website's operator reserving in such an occurrence the right to suspend or close the User's account at any time and without prior notice.
In order to access the Services, any User shall be obligated to fill a subscription form by providing all required informations and undertake to provide true, exact, up to date, and sincere informations only; the User undertakes to spontaneously update his/her own informations so as to insure that said informations always fulfill these conditions. If one or many of these informations proves to be false, erroneous, inexact, out of date, or incomplete, the Website's operator reserves the right to suspend or close the User's account at any time and without prior notice.
4. Personal Use
Is considered to be the User any person whose personal informations correspond to those provided on the subscription form, to the exclusion of all other parties. The User consequently undertakes to use the Services personally and not to permit any third party to use it in his/her place or on his/her part, otherwise in which case he/she shall be deemed fully responsible. The User is likewise responsible of maintaining the confidentiality of his/her passwords and identifiers. In cases of default to any one of the dispositions of the present paragraph, the Website's operator reserves the right to suspend or close the User's account at any time and without prior notice. The User shall immediately contact the Website's operator at the address mentioned in Paragraph 12 of the present general terms and conditions of use, if he/she notices that his/her account has been used without his/her knowledge. The User recognizes the right of the Website's operator to take any appropriate measures in such a case. The User also undertakes not to use the Website and the Services for lucrative purposes. The User declares that he/she shall make use of the Website and Services for non-commercial purposes, limited to his/her personal leisure.
5. Free Services
The Services are provided to the User free of charge, being understood that he/she shall have exclusive charge of all Internet access fees and of the cost of his/her communications. The User shall not cash in on, sell, concede, exchange, and more generally trade all or part of his/her access to the Website's servers, as well as the contents stocked thereon. In case of a default on this regulation, the operators of the Website reserve the right to suspend or close the User's account at any time and without prior notice.
6. Declaration of Value and Interest
The User hereby declares that the data that he/she stocks and shares on the Website's servers (hereinafter called the Data), as well as the whole of his/her rights and interests in using the Services, do not go beyond a maximum market value of one hundred Canadian Dollars ($ 100.00 CDN), regardless of the number of GigaSize accounts he/she may have opened. If these contents, rights, and interests have a value superior to that declared maximum value, the User hereby declares to use the Service at his own risks and perils for any value exceeding that declared maximum value if he/she elects to use the Service, or otherwise the User hereby renounces to use the Service.
7. Subsidiarity of services
The User recognizes that the Services are not a substitute to his/her initial personalconfiguration for contents stockage and electronic mailing that he/she will continue to use. The Services constitute a supplementary, not alternative, solution in order to increase his/her Internet stockage and sharing capacity. The Website's operator in no way guarantees the conservation and integrity of the Data stocked on the Website's servers.
It notably results thereof that:
- 7.1.Conservation of the Data
The User remains entirely responsible for the conservation of the Data which he/she may stock and share on the Website's servers, and he/she shall be solely responsible to create any backup copy, whether through his/her own agency or through the services of any third party he/she may employ in capacity.
- 7.2.Availability of Services
The User recognizes that in cases of momentaneous interruption to the availability of the Services, he/she may always use his/her initial personal configuration by using his/her own backup copies as provided under Paragraph 7.1 of the present general terms and conditions of use.
8. Data Archiving
The Website's operator shall be under no obligation to conserve the Data beyond the date on which the Service expires. The Website's operator nonetheless reserves the right to archive the Data for a definite period, the User having no right to access them if he/she no longer uses the Service.
9. Illicit Contents
The User shall abstain from using the Services to transmit, receive, and conserve any and all contents that are prohibited under penal laws or regulations, or that infringe on the rights of third parties, or that violate any intellectual property rights, or more generally that contravene the laws and regulations of any country or state. Failing so, the Website's operator reserves the right to erase any and all illicit contents from the Website's servers, as well as to suspend or close the User's account at any time and without prior notice.
10. Prohibited Behaviour
Are strictly prohibited, on pain of legal actions (i) all behaviours susceptible to interrupt, suspend, slow down, and/or prevent the continuity of the Service, (ii) all intrusions or attempt to intrude in GigaSize's systems, (iii) all diversions of the Website's system resources, (iv) all actions susceptible to impose a disproportionate charge upon the infrastructures of the Website, (v) all attempts against the security and authentification measures, (vi) all violations of the confidentiality of correspondences, and (vi) all acts susceptible to infringe upon the financial, commercial, and moral rights and interests of the Website's operator or of any of the Service's Users. In cases of a default against any of the dispositions of the present paragraph or, more generally, of an infraction to the laws and regulations of any country or state, the Website's operator, in its capacity as host of the Data, reserves the right to suspend or close the User's account at any time and without prior notice.
Any acts committed by way of the use of the Website that would be prejudicial to a third party may be the object of a complaint to the Website's operator.
This complaint shall be transmitted to the following address: firstname.lastname@example.org
The complaint shall obligatorily provide the names, surnames, and contact information of the plaintiff, the grounds of the complaint, as well as, if available, the identity of the person against who the complaint is lodged.
The Website's operator shall be at liberty, but with no undertaking on its part to do so, to take any and all appropriate measures and/or to transmit this complaint to the competent authorities.
12. Intellectual Property
The systems, softwares, structures, infrastructures, database and contents (texts, images, visuals, musics, logos, marks, etc.) created by the Website's operator are protected by all intellectual property rights in all countries and states. All reverse-engineering, piecing apart, deconstruction, decompilation, decryption, extraction, re-utilisation, copy, and, more generally, all acts of reproduction, representation, diffusion, and utilisation of any of the aforementioned elements, in whole or in part, without the authorization of the Website's operator, are strictly forbidden and shall be ground for legal action.
13. Limitations of Guarantee and Liability
The Website's operator endeavours with all due efforts to provide the User with a Service of quality in terms of security, reliability, integrity, and availability. The Service being subject to constant research and development in order to improve upon, notably, its performance and progress, the Website's operator cannot guarantee that the Service shall be entirely free of errors, flaws, or faults.The Service's User assumes all risks pertaining to the Service's quality and performance. The Service being standard and in no way proposed to the User in function of his/her personal contraints, the Website's operator also cannot guarantee to the User that the Service will correspond specifically to his/her needs and expectations. The Service is provided 'as is' and 'as available', without guarantee or condition. The Website's operator does not guarantee the uninterrupted use or function of the Service under the present general terms and conditions of use. Furthermore, the Website's operator does not guarantee to the User that the Data or files he/she may send or that may be sent to him/her will be transmited without being corrupted or within a reasonable delay, that these Data or files will not be intercepted, that other users will not gain access to his/her computer equipment, nor that the contents of any elements accessible through the Service will not contain virus or other harmful elements, nor that they shall not be stocked locally in intermediary points on the Internet when accessed through the Service.
The Website's operator, its affiliates, and its mandatories are not in any case liable, toward the User or third parties, for:
a) Any damage, be it direct, indirect, special or accessory, including profit loss and business opportunity loss, arising in any manner whatsoever, including from the use of the Services, or from the fact that the User based him/herself on information, services, or goods offered by the Services or provided through it or whether the User used them, or arising from faults, omissions, interruptions, from erasing or corruption of files, from errors, from defaults, from delays in preparation or transmission, or from non-functioning;
b) Any loss and costs (including legal fees) relative to any allegations, claim, suit, or other proceedings based upon the pretention that the use of the Services by the User, personally or by a third party through the User's account, violates the intellectual property rights or contractual rights or any other rights of third parties, as well as the laws and regulations of any state;
In any case, if a jurisdiction were to decide, nothwithstanding the foregoing clauses, that the Website's operator, its affiliates, or its mandatories must guarantee to the User or that they are held liable to him/her, notably as a result of a grave failure to an essential condition being equal to gross negligence or grave fault, the sole and only recourse of the User shall be to receive, from the Website's operator, the payment of a sum in money for his/her real and direct damages, to the exclusion of any other damages, up to the sum of one hundred Canadian dollars ($ 100.00 CDN), notwithstanding the number of GigaSize accounts that the User may have opened. This sum shall represent, as stated in Paragraph 6 of the present general terms and conditions of use, the maximum declared value of the content stocked by the User or the maximum declared value of his/her rights and interests in using the Service, beyond which value he/she would not have accepted to contract or he/she has accepted to contract at his/her sole risks and perils.
14. Personal Informations
The User authorizes the Website's operator to plae any advertising or promotional messages within the contents of the electronic messages which the User may decide to transmit to his/her correspondents via the Services.
16. Applicable Law and Competent Jurisdiction
The User accepts that the Service is governed by the laws applicable in the Province of Quebec. The Service's User accepts that any conflict shall be submitted to a court of law competent in the judicial district of Montreal, Province of Quebec, Canada, the whole notwithstanding the principles of private international law.
The Services are provided for a definite period. At the agreed date of expiry, the Website's operator shall be under no obligation to renew the Services under the present general terms and conditions of use and shall notably have the faculty to modify or suppress the Services, in whole or in part.
18.Contracts in English
This translation is provided as a courtesy, the only legally binding Terms of Service are those in the original English and French text.