MOUNTRED Terms of Service

Acknowledgement

Welcome to MountRed! This MountRed Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the “Agreement”) governs your access to and use of the MountRed website, Content, apps, software, products and services provided to you on, from, or through the MountRed website, (collectively, the “Services”). Regardless of whether you have a subscription, are a registered user, or are simply downloading from a shared link which does not require a registered account, all such interactions with the MountRed website and use of any Services is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of the terms of this Agreement which is a LEGALLY BINDING CONTRACT.

If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.

IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.

MountRed (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the MountRed website, your sole remedy is to discontinue use of the Services. You use the Services of MountRed at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.

Which means: The above states that you have read and agree to the Terms of Service and Privacy Policy, and any future changes, if you use MountRed for yourself or your company or organization now or after modifications to this Agreement.

Ability to Accept Terms of Service

MountRed Free Services are available to anyone over the age of 18, in observance of and compliance with the Children’s Online Privacy Protection Act. If you are under 18 years of age, then do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

MountRed premium services are available to anyone over the age of 18.

Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

Which means: You’re over 18 and have authority and permission to accept this Agreement.

Content – It’s Yours

When you upload text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as “Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.

You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.

Which means: If you created it, it’s yours. If any piece of it was created by someone else, you swear you have their permission to store it for your own use or share it. We don’t claim we own any of it.

To enable MountRed to provide the Services, it is necessary for you to hereby grant MountRed a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.

Which means: You give us limited permission to do what you need us to do, like show your Content to you or people you share it with, and store it on our servers.

It’s All About You

You control your Content through your account and/or cookies which may be placed on your computer or other devices.

You are responsible for any costs associated with your Content and use of the MountRed Services.

You are solely responsible for your Content and your interactions with other users of the Services.

When you allow other users access to your Content, you, not MountRed, are responsible for what others do with it.

You agree, while using MountRed Services, that you may not:

Alter or modify any part of the Services;

Use the Services for any illegal purpose;

Use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Services, with the exception of public search engines;

Transmit any viruses, worms, defects, Trojans or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research;

Distribute any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;

Reformat or frame any portion of any web page that is part of the Services without the express permission of MountRed;

Collect or harvest any personal identifiable information or account names or solicit users;

Impersonate another person, whether real or fictional;

Permit any third parties to use your name and password;

Violate or attempt to violate MountRed systems or interfere with the normal use of the Services by users;

Resale MountRed’s products and Services;

Post advertisements, promotions or solicitations of business;

Transmit any form of solicitation or Spam;

Distribute any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;

Distribute an illegal or unauthorized copy of another person’s trademarked or copyrighted work;

Distribute Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;

Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;

Defame or libel any person; invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;

Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions;

Distribute any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United States laws regarding transmission of data.

Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that MountRed is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 MountRed with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MountRed, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.

Which means: Play Nice. You are solely responsible for everything you share or any interactions you have through MountRed.

Account Safeguards

To access or benefit from the Services or features on MountRed, you may have to create a MountRed account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your MountRed account from a trusted network. Although MountRed will not be liable for any losses you might suffer, you may be liable for the losses of MountRed or others.

MountRed & Services

MountRed does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, stored on or distributed through the Services and MountRed expressly disclaims any and all liability in connection with Content. Content is yours, not ours.

MountRed Content may contain links to external sites; however, MountRed is not responsible for any availability of or the content on or through any external site.

MountRed maintains multiple copies of active files, however, MountRed bears no responsibility for maintaining your data indefinitely. You bear full responsibility and sole liability for any corrupted, lost or irrecoverable data. You understand and agree that MountRed reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.

When MountRed removes or disables Content for policy violations, the user who posted the Content may receive a strike. The user is notified of the violation. Repeated policy violations may result in account termination. MountRed 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 Services. Complaints about violators of our policies should be submitted to our abuse department. Each complaint will be investigated and appropriate action will be taken.

MountRed premium accounts file transactions below a minimum of 100KB will be registered as 100KB transactions. Additionally, premium accounts are limited to initiating no more than 1 million (1,000,000) transfers per month. Non-premium accounts have no transfer limits.

MountRed reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.

MountRed may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Light patterns, like those which might be displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.

Which means: You are solely responsible for your Content. Important data should be stored in more than one place. When receiving Content from a 3rd party, always exercise caution.

As-Is Services

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOUNTRED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

NEITHER MOUNTRED NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER MOUNTRED NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.

NEITHER MOUNTRED NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. MOUNTRED IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

FOR CLARITY, MOUNTRED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MOUNTRED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOUNTRED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we’re not responsible if something goes wrong.

Limitation of Liability

NEITHER MOUNTRED NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOUNTREDS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOUNTRED AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MOUNTRED AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

The Services are controlled and offered by MountRed from its facilities in the United States of America. MountRed makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong.

Indemnity

You agree to indemnify, defend and hold MountRed and its affiliates, and both MountRed and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney’s fees, incurred by any MountRed Party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. MountRed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MountRed’s defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

Which means: If we get in trouble because of something you did or should have done, you’ll defend us in court or help us defend ourselves.

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Revised: August 18, 2018