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TERMS OF SERVICE

for  www.shipyourdata.com  users

  Expedimedia is the owner of the site www.shipyourdata.com .

This is a legal agreement between you and Expedimedia, Inc. ("Expedimedia").  By using www.shipyourdata.com  you agree to be bound by these Terms of Service and by the Expedimedia privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, will govern all your future use of the Service.

Expedimedia may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any User Files at any time, in its sole discretion.

Description of the Service

The Service enable users to store and send to others files that they provide ("User Files"). Expedimedia then write them to a ‘’media’’ (CD or DVD or USB KEY) and deliver the media to the delivery address you specify.

You acknowledge and agree that Expedimedia may establish revised practices and policies concerning use of the Service, including without limitation, the maximum size of the file that a user may store and send through the Service, and the maximum number of days that a file will be stored by the Service.

The only software needed to access the Service is a standard Web browser or ftp software.

Accounts

In order to use the Service and send User Files, you must register and create a Expedimedia account. You may create a Expedimedia account on the Login Page. Once you have created an account, you will be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information.

You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will notify Expedimedia of any unauthorized use of your password. You are responsible for keeping your account information current and accurate;

Payment

Payments are made trough paypall.

Responsibility for Data

You have sole responsibility for all User Files that you store on Expedimedia servers through use of the Service. You acknowledge and agree that Expedimedia will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.

User Files and Expedimedia’s Copyright Policy

You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party.  Expedimedia will not conduct the service and will not refund any offender if it the Service is used to infringes copyrights.

Expedimedia reserves the right, in its sole discretion, at any time, to remove User Files that it believes to be in violation of this Agreement.

Proprietary Rights

All right, title, and interest in and to the Service is and will remain the exclusive property of Expedimedia and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

Ownership of User Files

Expedimedia does not claim any ownership rights in any User Files that you make available through the Service. However, by making User Files available through the Service, you grant Expedimedia the non exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting Expedimedia in providing the Service, to use, copy, distribute and process User Files on www.shipyourdata.com  and through the Service on your behalf and on behalf of your customers solely for the purposes of ensuring secure transfer and delivery of such User Files.

Trademarks

Expedimedia, the Expedimedia logo, and all other Expedimedia trademarks, service marks, product names, and trade names of Expedimedia appearing on the Service are owned by Expedimedia. All other trademarks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent.

General Prohibitions

As a condition to your use of the Service, you agree not to:

Expedimedia will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Expedimedia may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Expedimedia has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Expedimedia reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Expedimedia considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

Links

The Service may contain links to third-party websites. Links do not imply any endorsement by Expedimedia of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Termination

Expedimedia reserves the right to discontinue the Service or to change the Service at any time and without notice, except that Expedimedia will provide notice of such discontinuation to corporate account holders.

If you breach this Agreement, Expedimedia will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Expedimedia will not be required to refund any fees paid by you.

Disclaimer of Warranties

The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, Expedimedia explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

Expedimedia makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Expedimedia will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

Indemnity

You will defend, indemnify, and hold harmless Expedimedia, its officers, directors, affiliates, 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 Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

Expedimedia is not responsible of any delay to deliver your media.

Limitation of Liability

In no event will Expedimedia be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Expedimedia has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.

Controlling Law and Jurisdiction

This Agreement will be governed by the laws of  the Province of Quebec (Canada)  without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the provincial and federal courts located in Montreal (Provincial court)  and Toronto (Federal court) and you waive any objection to jurisdiction and venue in such courts..

General                                 

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of without effect. Expedimedia may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and Expedimedia.

If you have any questions about this Agreement, please contact Expedimedia at legal@Expedimedia.com.

 

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