Agreement between User and www.fileness.com
Welcome to www.fileness.com. The www.fileness.com website (the "Site") is comprised of various web pages operated by fileness.com . www.fileness.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.fileness.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.fileness.m is an E-Commerce Site.
Fileness sells digital designs. The designs are available for download after purchase.
All designs are ©Fileness.com All rights reserved.
The terms "us" or "we" or "our" refers to Fileness.com, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
We will only use your shipping and billing address, and contact information
- To communicate with you about your order
- To fulfill your order
- For legal reasons (like paying taxes)
If you sign up for our newsletter we may also use your contact information to inform you of sales, free designs, other products and news.
By purchasing from Fileness.com you agree to our License Terms. Please review our License Terms.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Fileness.com additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.
Fileness.com does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Always download your purchase in a timely matter. We don't guarantee lifelong access to digital downloads.
Electronic CommunicationsYou are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
Children under eighteen
Fileness does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use www.Fileness.com only with permission of a parent or guardian.
We do not accept returns, exchanges, or cancellations.
Links to Third Party Sites/Third Party Services
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Fileness.com has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk. Site Terms of Service Modifications
Fileness.com may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fileness.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fileness.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fileness.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fileness.com or our licensors except as expressly authorized by these Terms.
Materials Provided to www.fileness.com or Posted on Any Fileness.com Web Page
Fileness.com does not claim ownership of the materials you provide to www.fileness.com (including feedback and suggestions) or post, upload, input or submit to any Fileness.com Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fileness.com, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fileness.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fileness.com sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Fileness.com from our offices within the Ukraine. If you access the Service from a location outside the Ukraine, you are responsible for compliance with all local laws. You agree that you will not use the Fileness.com Content accessed through Fileness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Fileness.com, its members, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fileness.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fileness.com in asserting any available defenses.
The materials on Fileness.com Website are provided "as is" Fileness.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fileness.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Fileness.com nor the Website has control over the quality or fitness for a particular function of a product. Fileness.com likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Fileness.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Fileness.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Fileness.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Fileness.com DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Fileness.com ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Fileness.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Fileness.com LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $50.
Fileness.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fileness.com as a result of this agreement or use of the Site. Fileness.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fileness.com right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fileness.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fileness.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fileness.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Any claim relating to Fileness’s Website shall be governed by the laws of the Ukraine without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts. Indemnity
You accept defend, indemnify, and hold safe Fileness, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Fileness will provide notice to You promptly of any such claim, match, or case.
Changes to Terms
Fileness.com reserves the right, in its sole discretion, to change the Terms under which our designs and services are offered. The most current version of the Terms will supersede all previous versions. Fileness.com encourages you to periodically review the Terms to stay informed of our updates.
Fileness.com welcomes your questions or comments regarding the Terms: