Terms Privacy Takedown Questions Help Center Contacts About Files.fm

이용약관 및 운영원리 설명

Files.fm 클라우드 스토리지 플랫폼에 오신 것을 환영합니다! 본 서비스 약관("약관")은 Files.fm 클라우드 스토리지 플랫폼 및 관련 서비스 사용에 적용되므로 계속하기 전에 주의 깊게 읽어보시기 바랍니다. Files.fm 클라우드 스토리지 플랫폼에 액세스하거나 이를 사용함으로써 귀하는 본 약관을 준수할 것에 동의하게 됩니다. 본 약관에 동의하지 않으면 플랫폼에 액세스하거나 사용할 수 없습니다. 약관은 최소 1년에 한 번 업데이트됩니다.

이 플랫폼은 셀프 서비스 기반으로 운영되며 널리 수용되는 행동 규범, 윤리 및 합리적인 경계에 맞춰 책임감 있게 활용되어야 합니다. 증오 조장, 따돌림, 저작권이 있는 자료의 무단 배포, 데이터에 대한 무단 액세스 획득, 데이터 운영 방해 등 악의적이거나 불법적인 활동에 이를 악용해서는 안 됩니다. 해를 끼치거나, 저작권을 위반하거나, 시스템에 부담을 주는 콘텐츠는 즉시 삭제될 수 있습니다.

서비스는 있는 그대로 제공됩니다. 이러한 위험을 최소화하고 가용성을 보장하기 위해 체계적인 조치와 모니터링이 수행되지만 소프트웨어 오류가 없다는 보장, 파일 또는 서비스가 100% 사용 가능하고 다양한 위험에 노출되지 않는다는 보장은 없습니다.

사이트 사용자는 스토리지, Pro/Business 기능 또는 디지털/인쇄 제품을 포함한 유료 서비스를 구매하거나 구독할 수 있습니다. 구독료는 설정된 기간 동안 미리 청구되며 계정 설정에서 수동으로 취소할 때까지 자동으로 갱신됩니다. 모든 관련 세부정보는 구매 시 제공되며 확인을 위해 이메일을 통해 전송됩니다.

귀하에게 서비스를 시험해 볼 수 있는 기회가 주어졌으므로 결제 금액은 환불되지 않습니다 . 서비스 및 기능은 결제 시 즉시 사용할 수 있습니다. 하드웨어 리소스가 할당됩니다. 인쇄 제품의 경우 각 항목은 조건 없이 귀하의 주문에 맞게 특별히 맞춤화되어 생산됩니다.

개인 정보 보호 정책 문서는 데이터 보안 및 처리에 관한 추가 세부 정보를 제공합니다. 여기에서 개인정보 보호정책을 볼 수 있습니다."

1) 데이터 저장 플랫폼의 일반 이용약관

Changes: 03.02.2015

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://files.fm or https://failiem.lv website or other subdomains of these domains (the "Service") operated by Files.fm ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Privacy Policy explains how we collect and use your information: https://files.fm/privacy-policy

If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization.

Your Files and data

When you use our Service, you may upload and store various kinds of files or data („Your Files”). These terms does not give us any rights to Your Files, except limited rights, that is needed to run and provide the Service.

We need your permission to host, backup and share Your Files, when you ask us to. Our Service also provide you with features like photo and document previews, email communication, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Files. You give us permission to do those things, and this permission extends to trusted third parties we work with.

Sharing Your Files

Our Service let you share Your Files with others, so you have to use it with a caution. You are not allowed to copy, upload, download or share content unless you have the right to do so.

On the Service, it is forbidden to carry out and submit, send or share the information (including photos, video and audio materials) that:

· infringes or violates the third parties` intellectual property (copyrights, etc.) rights;

· infringes personal dignity and respect;

· incite violence, racial hatred, or other illegal activities;

· is vulgar, libellous, or otherwise offensive;

· contains software viruses or designed to harm the computer or electronic communications software operation (security);

· is uncoordinated advertising, chain letters, spam, etc.;

· is of pornographic or excessively erotic nature or where video chat is advertised or work in video chat is offered;

· is information of any other kind that affects or could affect the operation and safety of the Portal;

· advertises financial services for which are not licensed according to the procedure of laws and regulations for providing financial services in the Republic of Latvia;

· advertises or promotes illegal race, income pyramid schemes, methods based on vendor recruitment;

· violates laws and regulations.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Service are not intended for and may not be used by people under the age of 13. By using our Service, you are representing to us that you are over 13.

Software

Some of our Service allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Service, attempt to do so, or assist anyone in doing so.

The Service are protected by copyright, trademark, and other Latvia and foreign laws. These Terms do not grant you any right, title or interest in the Service, others’ content in the Service, Files.fm trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright and Takedown requests

We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. More information here: https://files.fm/content-review

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account", „Pro account”, „Business account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds. You may cancel your Paid Account at any time but you won’t be issued a refund unless it’s legally required, due to nature of the Service.

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Service for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.

Service is provided "AS IS"

TO THE FULLEST EXTENT PERMITTED BY LAW, FILES.FM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILES.FM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILES.FM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF 10 EUR OR THE AMOUNTS PAID BY YOU TO FILES.FM FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION.

Governing Law and resolving of disputes

All disputes between Service and users shall be resolved through negotiations. We want to address your concerns without needing a formal legal case. Before filing a claim against Files.fm, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Files.fm may bring a formal proceeding. Then they shall be settled in a court of the Republic of Latvia in accordance with the Terms and laws and regulations of the Republic of Latvia.

Entire Agreement

These Terms constitute the entire agreement between you and Files.fm with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. And will post the most current version here. If a revision is material we will try to provide at least 15 days notice via email or posting a message on Service prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

2) 파일 게시 및 판매 조건

  1. General Terms

    1.1. By accessing a public file catalog, file store and/or paid data products published directly on Files.fm or via file-based integrated file store on another website (hereinafter referred to as the File Store), you agree to the following Terms. Visiting a File Store or by continuing to use the site, you agree and acknowledge that you do so under these Terms and agreement between you and us SIA "Files.fm" registration number: 40003962231, VAT number: LV40003962231 address: Stabu street 119, Riga (hereinafter - Files.fm). Files.fm may change these Terms of use without prior notice.

    1.2. The General Terms of Files.fm apply to all public catalog and store users:https://files.fm/terms

    1.3. The Public File Catalog = File Store Creator (owner, author, maintainer, publisher) uses the Files.fm System to store, publish and distribute or sell digital content in the form of digital files (hereinafter - Files) to other Internet Users (hereinafter, consumers or Buyers).

    1.4. File Store Creator can be any private or legal person (hereinafter - the User), who has created a Files.fm user account correctly and filled in the required information, but Files.fm reserves the right to deny registration or disable user access to the System in case if Terms are violated or there is reasonable suspicion. As far as money transactions are concerned, the user may be asked to identify himself via additional "Know You Customer" (KYC) procedures as we need to monitor and verify the legality of the transactions. In case of reasonable doubt or uncertainty, cash payments may be frozen until the doubts are eliminated.

    1.5. File content types: photos, videos, audio materials, documents and other file types, that should be distributed and published in according to the Latvian and European Union laws and regulations.

    1.6. By using the System and publishing Files, the Creator confirms the following:
    1.6.1. The User has all the rights to publish and sell the Files.
    1.6.2. The User has made all the necessary agreements with the persons who have or could have any kind of rights on the Files published by the User.
    1.6.3. The User has made all the necessary agreements with the people who have or are likely to have any kind of co-authorship rights on the Files published by the User.
    1.6.4. The User has set license terms of use for the File (hereinafter - the License) and is aware that the File Buyer has all the rights to use the Files according to the specified License.
    1.7. Files.fm is just a escrow mediator and file sales platform maintainer between User and Buyer.

    1.8. File directories and Files can be accessed with a unique link that initially is not publicly available. The User can distribute this unique link at his/her own and sole discretion.

    1.9. The User (Creator) has the technical capability to specifically point out - which directories/files are listed for public access in his public file catalog / file store, thereby confirming that User allows anyone to preview, download or purchase the Files and Files.fm service maintaners may promote or advertise thsis content.

    1.10. These provisions are made in accordance with the Latvian laws and if any disputes occur, concerned parties should resolve it by negotiation, but if that is not possible, then in order prescribed by Latvian laws.

  2. File pricing and File License (file usage rights)

    2.1. The Seller (any valid user, creator, distributor) may set the price for every File he/she has stored on the System complying with the rules.

    2.2. The minimum File price that can be specified by the seller is 1.00 EUR.

    2.3. If Seller has specified price for the File, then the Buyer has the right to purchase the File using one of the payment methods offered by the System. The Buyer has the right to use the File according to the License that is set by the Seller and displayed in the File description before and at the time of the transaction.

    2.4. The User has to set up the License Terms (file usage rights) for the File or for the File directory at his/her own and sole discretion, entering the information along with price set up process.

    2.5. The System supports the following integrated payment methods: credit cards, Swedbank/Banklink.

    2.6. EUR 0.29 payment processing fee is applicable to every transaction and is collected from the Buyer in addition to the price of the File. The payment fee is nonrefundable.

    2.7. The System generates automatic email and invoice according to every transaction and sends it to the Buyer’s email address registered in the System. The email includes the date, when the Files are purchased, terms of the License, the amount paid. The Buyer is obliged to keep this email as a proof that the Files are purchased and used in compliance with the License Terms.

    2.8. The Seller receives automatically generated email to the email address registered in the System, including information about the Buyer, purchased Files and purchased amount.

  3. Payments to the Seller

    3.1. All the deals and related funds received via File sales will be listed on the User account in the System, deducting a 10% (ten percent) fee for the use of the platform and Payment gateways. This information is available via section "File sales" to sellers under account settings.

    3.2. The Seller has Access to the following information:

    3.2.1. Information about all the transactions with the Files purchased from the User including transaction date, name of the Buyer, name of the purchased Files, License Terms, price, fees related to use of the System , transactions and other information.
    3.2.2. Amount of accumulated funds from the File sales in EUR.

    3.3. SELLER MUST COMPLETE FULL INFORMATION ABOUT THE BENEFICIARY (KYC): https://files.fm/my-sell-files/invoices
    and has the right to request transfer of accumulated funds in EUR to European Economic Area IBAN bank account or send us a Paypal payment request. The Seller is responsible for accuracy of the beneficiary information. Additional initial KYC procedures may apply.

    3.4. The seller is responsible for paying all taxes due to him depending on his jurisdiction, tax and VAT status and the location of the buyer.

    3.5. The Seller has the right to request transfer of accumulated funds at his/her own and sole discretion, but not more often than once in 30 calendar days (for small payments) and not less than 10.00 EUR. Files.fm will transfer the accumulated funds on the specified account asap but during max 30 calendar days from the day Files.fm receives the User request for transfer, if the information about Seller is correct, complete and there is no need to carry out additional KYC checks.

    3.6. If the beneficiary information is incorrect or incomplete, Files.fm notifies the Seller via e-mail to the Seller`s email address registered in the System or Payment request.

    3.7. Files.fm has the right to withhold transfer of the accumulated funds until the moment Files.fm receives correct beneficiary information or is conducting a review.

    3.8. The User agrees that Files.fm has the right to set-off mutual claims with prior notification sent on the User’s email address registered in the System.

  4. Intellectual property rights

    4.1. Files.fm is an intermediary in sales transaction between the User and the Buyer.

    4.2. The User as the File publisher and the Buyer who owns right to use the File in compliance with the License Terms take full responsibility for inviolability of the intellectual property rights.

    4.3. Files.fm is not obliged to verify the intellectual property rights owners to the Files published in the System. Also Files.fm is not obliged to monitor inviolability of the intellectual property rights.

    4.4. Any person, who has a claim against any File published in the System, can submit a reasoned application justifying own intellectual property rights to the File and ask to delete the File from the System. In order to do that a person has to fill in the application form, indicating the type "Complaints against the content": https://files.fm/contacts

    4.5. Files.fm will check the application and delete the File from the System in case the application includes legally correct justification of the intellectual property rights to the File.

    4.6. The User transfers the rights to use the File in compliance with the License Terms to the Buyer.

  5. Public file catalog

    5.1. The user can upload files to the Public files catalog, specifying the information required in the file upload form.

    5.2. Files.fm can be automatically publish files in the Public Files Catalog.

    5.3. If you`d like your content to be removed from the Public file catalog, please fill out this form with the "Complains against the content" type: /contacts

  6. File Store Platform integration into the User’s website

    6.1. The User with Business account subscription can receive the System code to integrate the File Store into own website. In order to receive the code the User has to send request to [email protected].

    6.2. These Terms apply to the Users, Buyers and third parties, even if part of the System is integrated into the Users website.

3) 구독 결제 약관

  1. 구독 결제 양식을 작성하고 "구독" 버튼을 클릭하면 귀하는 본 약관에 동의하고 당사와 결제 서비스 제공업체가 지정된 플랜 금액만큼 정기적이고 반복적인 서비스 제공에 대해 귀하의 결제 카드에서 자동으로 결제할 수 있도록 승인하는 것입니다. 귀하가 선택한 기간(월, 연도)에.
  2. 귀하는 귀하가 결제 카드의 승인된 사용자이며 구독 양식에 제공된 정보가 정확함을 인증합니다. 귀하는 귀하의 지불 카드 제공업체와 예정된 지불에 대해 이의를 제기하지 않을 것임을 확인합니다.
  3. "구독" 버튼을 클릭하면 거래가 처리되고 실행된 것으로 간주되어 취소할 수 없습니다. "구독" 버튼을 클릭하면 결제를 취소하거나 취소를 요청할 수 없다는 점에 동의하는 것으로 간주됩니다.
  4. 수수료 변경: 당사는 언제든지 수수료를 변경할 권리를 보유합니다. 당사는 귀하의 계정과 연결된 주소로 이메일을 통해 그러한 변경 사항에 대해 30일 사전 통지를 제공할 것입니다.
  5. 자동 반복 결제가 거부되는 경우 데이터 파일은 보존되며 이메일로 알림을 받게 됩니다. 결제는 1일, 5일, 10일, 20일 후에 자동으로 재시도됩니다. 재시도 결제가 ​​실패할 경우 해당 금액은 계정을 비우고 수동으로 구독을 취소할 때까지 다음 반복 결제에 부채 등으로 추가됩니다. 이러한 시스템은 데이터의 안전을 최우선으로 하기 위해 마련되었습니다.
  6. You acknowledge that subscription payments will be made until you cancel the subscription and free up disk space. You can cancel the subscription in your account’s section “My Subscriptions” (https://files.fm/my-subscriptions). Password can be reset to your email.
  7. 개인계약 체결 후, 법인계좌, 문서관리시스템, 서버임대 서비스 이용료를 청구서 및 계좌이체로 결제하실 수 있습니다. 청구서로 서비스 비용을 지불하는 경우 구독을 취소하려면 30일 전에 [email protected]로 요청을 보내야 합니다.

4) 사용자의 공개 프로필 및 공개 콘텐츠 라이브러리

  1. 플랫폼 사용자와 조직은 더 많은 사람들이 유용하고 관심을 가질 수 있는 콘텐츠에 대한 대중의 접근을 제공하기 위해 카탈로그 또는 아카이브와 같은 공개 데이터 프로필을 만들 수 있습니다.
  2. Files.fm은 플랫폼의 "라이브러리" 또는 "발견" 섹션에 이 공개 콘텐츠를 집계하고 표시할 수 있습니다.
  3. 플랫폼의 목적은 교육, 보존 또는 상업적 목적을 위해 사진, 비디오, 오디오, 문서 및 아카이브 형식의 디지털 콘텐츠에 대한 액세스를 제공하는 것입니다. 기술적 수단의 도움을 받아 이해하기 쉽고 사용하기 쉬우며 저작권을 존중하고 공익.