FileJungle™ Website Terms and Conditions

These FileJungle™ Website Terms and Conditions ("Terms and Conditions") govern your use of the website located at www.filejungle.com (the "Website"). The Website is an Internet property of FileJungle Ltd. and its affiliated companies ("FileJungle™", "we" or "us"). These Terms and Conditions hereby incorporate the FileJungle™ Privacy Policy ("Privacy Policy") and any and all other applicable FileJungle™ operating rules, policies, price schedules and other supplemental terms and conditions that may be published from time to time (collectively, the "Agreement").

You agree to the Agreement, in its entirety, when you: (a) access or use the Website; (b) utilize the Anonymous Services (as defined below) as an anonymous user ("Anonymous Member"); (c) register as a non-paying member on the Website ("Standard Member"); and/or (d) register as a premium member on the Website ("Premium Member" and together with the Anonymous Members, and Standard Members, the "Members").

The Agreement constitutes the entire and only agreement between you and FileJungle™ with respect to your use of the Website and Services (as defined below), and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Website, the content contained therein and/or any other products and services provided by or through same. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website or Services in any manner or form whatsoever.

WARNING: MEMBER ACCOUNTS WILL BE TERMINATED FOR UNAUTHORIZED UPLOADING OF COPYRIGHT-PROTECTED MATERIAL.

MEMBERS MAY NOT ACCESS, DOWNLOAD OR SHARE FILES UPLOADED BY WEBSITE MEMBERS OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER. FileJungle™ FORBIDS COPYRIGHT INFRINGEMENT. IF YOU BELIEVE THAT YOUR COPYRIGHT-PROTECTED MATERIAL HAS BEEN UPLOADED TO THE WEBSITE, PLEASE CONTACT US BY CLICKING HERE AND WE WILL PROMPTLY REMOVE THE CONTENT.

1. Fees.

   Upon registering for the Premium Services and receiving approval from FileJungle™, the credit or debit card that you provided during registration or updated at a later date ("Payment Card"), or your PayPal® (as defined below) account, as applicable, will be charged the applicable amount depending on the Premium Membership package selected from the options below.

   U.S. Dollars:

   (a) Where you select a one (1) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (b) Where you select a three (3) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (c) Where you select a thirty (30) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Nine Dollars and Ninety-Nine Cents ($9.99). Membership will recur monthly at Nine Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your sign-up, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (d) Where you select a ninety (90) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Twenty Four Dollars and Ninety-Nine Cents ($24.99). Membership will recur every ninety (90) days at Twenty Four Dollars and Ninety-Nine Cents ($24.99) if not canceled. For so long as your Premium Membership remains active, the Twenty Four Dollars and Ninety-Nine Cent ($24.99) fee will accrue on the ninety (90) day anniversary of your sign-up date, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (e) Where you select a hundred and eighty (180) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Thirty-Four Dollars and Ninety-Nine Cents ($34.99).

   (f) Where you select a three hundred and sixty-five (365) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Fifty-Four Dollars and Ninety-Nine Cents ($54.99).

   (g) Where you select a seven hundred and thirty (730) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Eighty-Nine Dollars and Ninety-Nine Cents ($89.99).

   Euros:

   (h) Where you select a one (1) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Euros and Ninety-Nine Cents (€4.99). Membership will recur monthly at Nine Euros and Ninety-Nine Cents (€9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Euros and Ninety-Nine Cent (€9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (i) Where you select a three (3) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Euros and Ninety-Nine Cents (€4.99). Membership will recur monthly at Nine Euros and Ninety-Nine Cents (€9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Euros and Ninety-Nine Cent (€9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (j) Where you select a thirty (30) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Nine Euros and Ninety-Nine Cents (€9.99). Membership will recur monthly at Nine Euros and Ninety-Nine Cents (€9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Euros and Ninety-Nine Cent (€9.99) fee will accrue on the monthly anniversary date of your sign-up, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (k) Where you select a ninety (90) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Twenty Four Euros and Ninety-Nine Cents (€24.99). Membership will recur every ninety (90) days at Twenty Four Euros and Ninety-Nine Cents (€24.99) if not canceled. For so long as your Premium Membership remains active, the Twenty Four Euros and Ninety-Nine Cent (€24.99) fee will accrue on the ninety (90) day anniversary of your sign-up date, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (l) Where you select a hundred and eighty (180) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Thirty-Four Euros and Ninety-Nine Cents (€34.99).

   (m) Where you select a three hundred and sixty-five (365) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Fifty-Four Euros and Ninety-Nine Cents (€54.99).

   (n) Where you select a seven hundred and thirty (730) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Eighty-Nine Euros and Ninety-Nine Cents (€89.99).

   British Pounds Sterling:

   (o) Where you select a one (1) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Pounds Sterling and Ninety-Nine Pence (£4.99). Membership will recur monthly at Nine Pounds Sterling and Ninety-Nine Pence (£9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Pounds Sterling and Ninety-Nine Pence (£9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (p) Where you select a three (3) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Pounds Sterling and Ninety-Nine Pence (£4.99). Membership will recur monthly at Nine Pounds Sterling and Ninety-Nine Pence (£9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Pounds Sterling and Ninety-Nine Pence (£9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (q) Where you select a thirty (30) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Nine Pounds Sterling and Ninety-Nine Pence (£9.99). Membership will recur monthly at Nine Pounds Sterling and Ninety-Nine Pence (£9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Pounds Sterling and Ninety-Nine Pence (£9.99) fee will accrue on the monthly anniversary date of your sign-up, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (r) Where you select a ninety (90) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Twenty Four Pounds Sterling and Ninety-Nine Pence (£24.99). Membership will recur every ninety (90) days at Twenty Four Pounds Sterling and Ninety-Nine Pence (£24.99) if not canceled. For so long as your Premium Membership remains active, the Twenty Four Pounds Sterling and Ninety-Nine Pence (£24.99) fee will accrue on the ninety (90) day anniversary of your sign-up date, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (s) Where you select a hundred and eighty (180) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Thirty-Four Pounds Sterling and Ninety-Nine Pence (£34.99).

   (t) Where you select a three hundred and sixty-five (365) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Fifty-Four Pounds Sterling and Ninety-Nine Pence (£54.99).

   (u) Where you select a seven hundred and thirty (730) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Eighty-Nine Pounds Sterling and Ninety-Nine Pence (£89.99).

   Australian Dollars:

   (v) Where you select a one (1) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Australian Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Australian Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Australian Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (w) Where you select a three (3) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Australian Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Australian Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Australian Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (x) Where you select a thirty (30) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Nine Australian Dollars and Ninety-Nine Cents ($9.99). Membership will recur monthly at Nine Australian Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Australian Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your sign-up, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (y) Where you select a ninety (90) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Twenty Four Australian Dollars and Ninety-Nine Cents ($24.99). Membership will recur every ninety (90) days at Twenty Four Australian Dollars and Ninety-Nine Cents ($24.99) if not canceled. For so long as your Premium Membership remains active, the Twenty Four Australian Dollars and Ninety-Nine Cent ($24.99) fee will accrue on the ninety (90) day anniversary of your sign-up date, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (z) Where you select a hundred and eighty (180) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Thirty-Four Australian Dollars and Ninety-Nine Cents ($34.99).

   (aa) Where you select a three hundred and sixty-five (365) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Fifty-Four Australian Dollars and Ninety-Nine Cents ($54.99).

   (ab) Where you select a seven hundred and thirty (730) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Eighty-Nine Australian Dollars and Ninety-Nine Cents ($89.99).

   Canadian Dollars:

   (ac) Where you select a one (1) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Canadian Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Canadian Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Canadian Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (ad) Where you select a three (3) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Four Canadian Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Canadian Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Canadian Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your first recurring, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (ae) Where you select a thirty (30) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Nine Canadian Dollars and Ninety-Nine Cents ($9.99). Membership will recur monthly at Nine Canadian Dollars and Ninety-Nine Cents ($9.99) if not canceled. For so long as your Premium Membership remains active, the Nine Canadian Dollars and Ninety-Nine Cent ($9.99) fee will accrue on the monthly anniversary date of your sign-up, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (af) Where you select a ninety (90) day Premium Membership, your Payment Card or PayPal® account, as applicable, will be charged Twenty Four Canadian Dollars and Ninety-Nine Cents ($24.99). Membership will recur every ninety (90) days at Twenty Four Canadian Dollars and Ninety-Nine Cents ($24.99) if not canceled. For so long as your Premium Membership remains active, the Twenty Four Canadian Dollars and Ninety-Nine Cent ($24.99) fee will accrue on the ninety (90) day anniversary of your sign-up date, and such fees will be charged in advance. You acknowledge and agree that FileJungle™ will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that FileJungle™ is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.

   (ag) Where you select a hundred and eighty (180) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Thirty-Four Canadian Dollars and Ninety-Nine Cents($34.99).

   (ah) Where you select a three hundred and sixty-five (365) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Fifty-Four Canadian Dollars and Ninety-Nine Cents($54.99).

   (ai) Where you select a seven hundred and thirty (730) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Eighty-Nine Canadian Dollars and Ninety-Nine Cents($89.99).

   Items (a) through (ai) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Payment Card bill or in your PayPal® account, as applicable, as "FileJungle"

   Fees for items (a) through (g) are payable in United States currency. Fees for items (h) through (n) are payable in European Union currency. Fees for items (o) through (u) are payable in United Kingdom currency. Fees for items (v) through (ab) are payable in Australian currency. Fees for items (ac) through (ai) are payable in Canadian currency. Failure to use the Premium Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions (as defined below) of FileJungle™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), FileJungle™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

   FileJungle's™ authorization to provide and bill for the Premium Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. FileJungle's™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Premium Member Account may be deactivated, and access to the Website and/or Services denied, for non-payment.

   For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that FileJungle™ is not in any way affiliated with PayPal, and the Website and Services are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc.

2. Cancellation.

   You may cancel your Membership at any time if you are not completely satisfied. If you are enrolled in a recurring payment plan, to cancel your Membership, please call us at: (852) 3059-2150; visit your Member Account area on the Website and utilize the options made available therein; or email us at . If you are not enrolled in a recurring payment plan and wish to cancel your Membership, simply cease using the Website and applicable Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with FileJungle™. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 herein below shall immediately terminate. The following conditions apply to any Premium Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by FileJungle™.

3. Modification of Agreement.

   We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement.

4. Requirements.

   The Website and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.

5. Registration.

   In order to obtain Standard Services and/or Premium Services, you must first submit the applicable registration form ("Application") to FileJungle™ for review and initial approval. FileJungle™ reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever.

   (a) Anonymous Services: The Anonymous Services are available to end-users without registration.

   (b) Standard Services: The information that you must supply on the Application in order to obtain Standard Services may include, without limitation: (i) your e-mail address; and (ii) any other information requested by us on the Application (collectively, "Standard Services Registration Data").

   (c) Premium Services: The information that you must supply on the Website in order to obtain Premium Services may include, without limitation: (i) your e-mail address; (ii) your credit card information or PayPal® information (depending on your preferred means of payment); and (iii) any other information requested by us on the Application (collectively, "Premium Services Registration Data" and, together with the Standard Services Registration Data, the "Registration Data").

   (d) General: You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. FileJungle™ will verify and approve all Applications in accordance with its standard verification procedures. If FileJungle™ approves your Application to become a Standard Member or Premium Member, you can set up your account ("Account") by selecting your: (i) user name; and (ii) password. You can access your Account at the Website using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password including, without limitation, any and all purchases made therethrough.

6. Rejection & Termination.

   FileJungle™ may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where FileJungle™ believes that you are in any way in breach of the Agreement; and (b) where FileJungle™ believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.

7. Services.

   Website users that possess the requisite technology shall have the opportunity to:

   (a) utilize the "Anonymous Services" in order to view certain Jungle Content as uploaded by either Standard Members or Premium Members;

   (b) upon submitting an Application and receiving FileJungle’s™ approval, utilize the "Standard Services" in order to: (i) upload Jungle Content files of up to two hundred (200) MB to the Website and utilize expanded storage capacity for Jungle Content; (ii) via the Website's functionality, generate transferable Uniform Resource Locators (“Jungle URLs”); and (iii) use the Website's "File Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Jungle Content files and Jungle URLs; and

   (c) upon submitting an Application and receiving FileJungle’s™ approval, utilize the "Premium Services" for a fee in order to: (i) upload Jungle Content files of up to two (2) GB to the Website at the fastest speeds available; (ii) via the Website's functionality, generate transferable Jungle URLs; (iii) utilize the maximum storage capacity for Jungle Content; and (iv) use the Website's File Manager functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Jungle Content files and Jungle URLs.

   Items (a) through (c) in the preceding sentence shall be referred to herein collectively as the "Services." The various Services are more fully described below.

   The Jungle Content is uploaded by Standard Members and/or Premium Members and contains comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided directly by Standard Members and/or Premium Members, as applicable. Jungle Content is provided by the applicable Standard Members and/or Premium Members, not FileJungle™, and thus should not necessarily be relied upon. The Standard Members and/or Premium Members are solely responsible for the accuracy, completeness, appropriateness or usefulness of such Jungle Content. FileJungle™ does not represent or warrant that the Jungle Content is accurate, complete or appropriate. You understand and agree that FileJungle™ will not be responsible for, and FileJungle™ undertakes no responsibility to monitor or otherwise police, such Jungle Content. You agree that FileJungle™ has no obligations and shall incur no liabilities to you in connection with any such Jungle Content.

   FileJungle™ does not control the Jungle Content provided by Standard Members and/or Premium Members that is made available by and through the Services and/or Website. You may find certain Jungle Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when accessing the Jungle Content and using the Services and/or Website. You are solely responsible for your interactions with other Website-users including, but not limited to, Anonymous Members, Standard Members, and/or Premium Members. Because we are not involved in Website-user interactions, in the event that you have a dispute with one or more Anonymous Members, Standard Members and/or Premium Members, you hereby release FileJungle™ from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

   FileJungle™ will not be liable in any respect for lost, stolen or misdirected Jungle Content, for any failure to secure or protect Jungle Content, Jungle URLs and/or for failure use the Services properly. You should keep copies of all Jungle Content submitted to the Website. You understand and agree that FileJungle™ is not responsible or liable in any manner whatsoever for your inability to utilize the Services.

8. Jungle Content.

   As a Member, you agree that you are solely responsible for the Jungle Content uploaded by you to the Website, and for any and all subsequent uses of the Jungle URLs. If you post Jungle Content, you represent and warrant that you have all necessary ownership or other rights in and to the Jungle Content enabling you to upload it on the Website, generate a Jungle URL and display the Jungle URL and associated Jungle Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Jungle Content and Jungle URLs (collectively, "Content"), and your performance under the Agreement, you agree not to: (a) display any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (d) display any audio files, text, photographs, videos or other images containing confidential information without prior authorization; (e) display any audio files, text, photographs, videos or other images that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by FileJungle™, without our specific prior written consent; (g) harvest or collect personal information about end-users or other third parties, without their express consent; (h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website, Services or related content; (i) interfere with or disrupt the Services, Website and/or the servers and/or networks connected to same; (j) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (l) "frame" or "mirror" any part of the Website and/or Services without our prior written authorization; (m) display any Content that could be considered exploitative of children in any way, whatsoever; and/or (n) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Account and access to the Services without notice, in the sole discretion of FileJungle™. FileJungle™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, FileJungle™ reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children’s CyberTipline and any and all other applicable legal and regulatory bodies.

9. Copyright Infringement Notice.

   Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, FileJungle™ reserves the right to terminate the Account of any Member who uses his or her Account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to FileJungle™ and later confirmation through court order or an admission by the applicable Member that an Account has been an instrument of unlawful infringement, FileJungle™ reserves the right to terminate the infringing Member's Account and access to the Website and/or Services. FileJungle™ may also, in its sole discretion, decide to terminate a Member's Website and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), FileJungle™ has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. FileJungle™ respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact FileJungle™ using the form located here: http://www.filejungle.com/dmca.php

10. Deletion and Modification.

    We reserve the right in our sole discretion to modify and/or delete any Jungle Content, FileJungle™ Content, documents, information or other material appearing on the Website.

11. Neutral Party.

    Notwithstanding the foregoing, FileJungle™ undertakes no responsibility to monitor or otherwise police the Content made available by Members. FileJungle™ operates the Website and Services as a neutral party, and FileJungle™ does not regularly monitor, regulate or police the use of the Website and/or Services by any of its Members. The use of the Website and/or Services by a Member or otherwise does not constitute an endorsement by FileJungle™ of that Member. FileJungle™ is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.

12. License Grant.

    As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Jungle URLs, Website, Services and associated content (collectively, "FileJungle™ Content"). FileJungle™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by FileJungle™, you may only use the FileJungle™ Content for your own personal, non-commercial use. No part of the FileJungle™ Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect FileJungle™ Content except as expressly permitted by FileJungle™. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer FileJungle™ Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the FileJungle™ Content. You may not use the FileJungle™ Content in conjunction with any other third-party content. You may not exploit any aspect of the FileJungle™ Content for any commercial purposes not expressly permitted by FileJungle™. You further agree to indemnify and hold harmless FileJungle™ for your failure to comply with this Section 12. FileJungle™ reserves any rights not explicitly granted in the Agreement.

13. Proprietary Rights.

    The FileJungle™ Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the FileJungle™ Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the FileJungle™ Content is strictly prohibited. You do not acquire ownership rights to any FileJungle™ Content or other materials viewed at or through the Website. The posting of information or material at the Website does not constitute a waiver of any right in such information and/or materials.

14. Representations and Warranties.

    Member hereby represents and warrants to FileJungle™ that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Jungle Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Jungle Content, Jungle URLS and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; (iv) infringe upon the trademark, trade name, service mark, copyright, license or other intellectual property or proprietary right of any third party; and/or (v) otherwise violate the prohibitions contained in Section 8 above; and (d) Member will be solely responsible for the Jungle Content and any use thereof.

15. Indemnification.

    You agree to indemnify and hold FileJungle™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the FileJungle™ Content in any way; (b) your breach of the Agreement; (c) the Jungle Content and/or Jungle URLs; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 15 are for the benefit of FileJungle™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

16. Disclaimer of Warranties.

    THE WEBSITE, SERVICES, JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FILEJUNGLE™ MAKES NO WARRANTY THAT THE WEBSITE, SERVICES JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FILEJUNGLE™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE, SERVICES AND/OR JUNGLE URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILEJUNGLE™ OR OTHERWISE THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

17. Limitation of Liability.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT FILEJUNGLE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FILEJUNGLE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, JUNGLE CONTENT AND/OR JUNGLE URLS; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES, JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FILEJUNGLE™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FILEJUNGLE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES, JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU OR FILEJUNGLE™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FILEJUNGLE™. ACCESS TO THE WEBSITE, SERVICES, JUNGLE URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS FILEJUNGLE’s™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. External Links.

    The Website and/or Services may provide links to and/or refer you to other Internet websites and/or resources. Because FileJungle™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that FileJungle™ is not responsible for the availability of such third party websites and/or resources. Furthermore, FileJungle™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

19. Privacy Policy.

    All materials that you submit through or in association with the Website including, without limitation, the Registration Data, shall be subject to the Privacy Policy. To access the Privacy Policy, please Click Here.

20. Dispute Resolution Provisions.

    The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Website, Services, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Website at here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

    To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against FileJungle™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that FileJungle™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.

21. Legal Warning.

    Any attempt by any individual, whether or not an FileJungle™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or Services is a violation of criminal and civil law and FileJungle™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

22. Miscellaneous.

    To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

23. Contact Us.

    If you have any questions about the Agreement or about the practices of FileJungle™, please feel free to contact us here