Terms of Service

This EYVX Premium File Sharing Service Agreement (the "Agreement") describes the terms and conditions on which EYVX Premium File Sharing ("we" & EYVX) offer services to you ("User"). By registering or using our Service (the "Service"), User agrees to be bound by the following terms and conditions:

• We reserve the right to change these terms and conditions without any prior notice.
  
  
• We reserve the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
  
  
• User acknowledges and agrees that you are solely responsible for the content which you upload, store or share with others using the Service, and for the consequences of uploading, storing or sharing any content. You agree that you will not use the Service to upload, store, or share content that you did not create or that you do not have permission to upload, store, and share. Furthermore, you pledge that you own all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share the content. By uploading, storing, or sharing any content, you pledge the act does not infringe upon any intellectual property rights of another person, company or corporation.
  
  
• You agree that you will not use the Service or the EYVX.com website to post, transmit, or share child pornography. The use of the Service or the EYVX.com website to publish or transmit child pornography is strictly forbidden. If this type of material is identified, all details regarding the user will immediately be reported to law enforcement, and your account will be terminated. You also agree that you will not use the Service or the EYVX.com website to post, transmit, or share any of the following content:


1. content or material intended for illegal purposes
2. obscene content or material - this includes pornography
3. defamatory content or material
4. material that may be invasive to the privacy of another person
5. material or content which may be graphically violent or of which is likely to incite violence
6. material or content which advocates or promotes terrorism
7. material or content which offers, promotes or facilitates the sale of illegal weapons
8. material or content that promotes racism
9. material or content that promotes physical, threatening or intimidating actions


• Users must agree to comply with all laws which apply to their location, including copyright and trademark laws.


• If you upload, store, or share content on the EYVX.com website, you promise and therefore pledge that the material or content is not classified as any of the aforementioned which has been stated as being prohibited. By using any of the services you understand and agree that EYVX may immediately suspend, terminate or remove, without notice, any account or content which violates any of the aforementioned which has been classified as prohibited.


• By using any of the services on the EYVX.com website, you agree that you will comply with all applicable terms, conditions, and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service.


• Your use of the service and/or any features of the EYVX.com website constitutes your understanding that EYVX does not promise that any content you upload, store, or share using the Service will be maintained by EYVX.com. You are solely responsible for creating backup copies of and replacing any and all content, at your own cost and expense. You agree that EYVX.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content which you may have stored on the EYVX.com website.


• By using the service you also acknowledge that EYVX.com retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads, and any other aspect of the service, at EYVX's sole discretion and at any time, with or without notice.


• Participants in the EYVX Affiliate program agree to be bound by the Terms of Service (TOS) that are being stated here within. In addition to the standard TOS, Affiliates also agree that they abide by the following rules and regulations of the EYVX Affiliate Program:


1. Affiliate's uploads must honor our Terms of Service & respect copyrights;
2. In order for a download to count, the affiliate must be logged in while uploading;
3. Minimum File size is 1 MB;
4. Affiliates may NOT receive credit for referring yourself;
5. Affiliates are only allowed to register one affiliate account. If you are found to have registered more than one account you may be banned from further participation in the EYVX affiliate program;
6. Affiliates will not attempt to change the user's internet address (IP address) to bypass the limits that have been set by EYVX to track the downloading of files;
7. Affiliates will not use automated clicking programs or any other deceptive software to circumvent the EYVX tracking system;
8. Affiliates will not remove the EYVX tracking cookie to bypass and/or circumvent the time limits of which a non premium member can download files from the EYVX website;
9. Anyone attempting to manipulate the download results will be disqualified and banned.


• The EYVX.com website, services, member content and/or any other products and/or services offered on the EYVX.com website, are provided to you on an "as is" and "as available" basis. EYVX makes no warranty that the site, services, member content and/or any other products and/or services offered on the EYVX.com website:
  
  
  1. will meet your requirements or expectations;
  2. will always remain uninterrupted, timely, secure or error-free or that defects will be corrected;
  3. will be free of viruses or other harmful components;
  4. will have security methods employed that will be sufficient against interference with your enjoyment of the site, or against infringement; 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 /or will be accurate or reliable.
  5. The EYVX.com website, services, member content and/or any other products and/or services offered on the EYVX.com website may contain bugs, errors, problems or other limitations. EYVX will not be liable for the availability of the actual internet connection associated with the EYVX.com website, services, member content and/or any other products and/or services. No advice or information, whether oral or written, obtained by you from EYVX or otherwise through or from the site shall create any warranty not expressly stated in the agreement.
  6. All materials that you submit through or in association with EYVX, without limitation, shall be subject to the Privacy Policy
  
  
• In the case of third party websites which may contain links to the EYVX.com website relating to services, member content and/or any other products and/or services offered on the EYVX.com website are controlled, operated and owned by third parties of which EYVX has no control of. Simply because a link back to EYVX.com is placed upon any third party website does not imply endorsement by EYVX of the applicable website or any association with the website's operators. As previously mentioned, EYVX has no control over any such websites, you agree that EYVX is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties.


• Any dealings with, or participation in promotions offered by, advertisers on the third party website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that EYVX shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third party website.
  
  
• You expressly understand and agree that EYVX 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 EYVX has been advised of the possibility of such damages), to the fullest extent permissible by law for:
  
  
  1. the use or the inability to use the EYVX.com website, services, member content and/or any other products and/or services offered on the EYVX.com website;
  2. 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 site;
  3. the unauthorized access to, or alteration of, your registration data;
  4. any other matter relating to The EYVX.com website, services, member content and/or any other products and/or services offered on the EYVX.com 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.
  5. You hereby release EYVX 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 EYVX to you under any and all circumstances will be five hundred dollars ($500.00)
  6. No action, regardless of what type, arising out of your use of the EYVX.com website, services, member content and/or any other products and/or services offered on the EYVX.com website, may be brought by you or EYVX more than one (1) year following the event which gave rise to the cause of action.
  7. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and EYVX. Access to the EYVX.com website, services, member content and/or any other products and/or services offered on the EYVX.com website would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions EYVX's liability shall be limited to the maximum extent permitted by law.
  
  
• The Agreement shall be treated as though it were executed and performed in Nashville, Tennessee and shall be governed by and construed in accordance with the laws of the State of Tennessee (without regard to conflict of law principles). Should a dispute arise concerning the EYVX website, Services and/or terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the Mediation Group of Tennessee LLC in Nashville. 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 herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.


• 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 EYVX and its employees, officers, directors, members, representatives and 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 EYVX incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.