Terms of ServiceThese Terms of Service set forth the terms and conditions upon which Bully MP - Upload Files makes available, at no charge, its file transmission services. Your use of the services is expressly conditioned on your compliance with these Terms of Service. By clicking accessing or using the services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that Bully MP - Upload Files may revise these Terms of Service at any time. By continuing to access or use the services after Bully MP - Upload Files makes any such revision, you agree to be bound by the revised Terms of Service.
Description of ServicesBully MP - Upload Files's service provides users with the ability to upload a file via HTTP-Protocol and receive a custom URL address to download the file from Bully MP - Upload Files's servers. This address can be shared by the user freely and can be used to download the file a reasonable number of times. The address expires in an amount of time designated by the user (between 30 minutes and never) at which point in becomes inaccessible to the public and is removed from Bully MP - Upload Files's servers.
Content AvailabilityBully MP - Upload Files does not guarantee the quality or reliability of its services. Once a file has been uploaded to Bully MP - Upload Files's servers, access to the file cannot be disabled before its designated expiration date. Bully MP - Upload Files reserves the right to remove any files at any time without notice.
Prohibited UseAs a condition of your use of Bully MP - Upload Files's services, you agree not to:
- Upload or transmit any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Bully MP - Upload Files's systems or said system's providers;
- Attempt to probe, scan, or test the vulnerability of the Bully MP - Upload Files's systems or any related system or network or breach any privacy, security or authentication measures;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Bully MP - Upload Files's systems or providers; or
- Impersonate or misrepresent your affiliation with any person or entity.
WarrantiesTHE SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BULLY MP - UPLOAD FILES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BULLY MP - UPLOAD FILES MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BULLY MP - UPLOAD FILES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.
IndemnityYou agree to defend, indemnify, and hold harmless Bully MP - Upload Files, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.
Limitation of LiabilityBULLY MP - UPLOAD FILES TAKES NO RESPONSIBILITY FOR THE CONTENT OF ITS USERS FILES. IN NO EVENT WILL BULLY MP - UPLOAD FILES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BULLY MP - UPLOAD FILES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BULLY MP - UPLOAD FILES'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BULLY MP - UPLOAD FILES AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.