MediaFire Terms of Service

20200501_rev01 · COMPARED WITH 20200303_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20200303_rev01 to 20200501_rev01

1111MediaFire (also referred herein as "us", "we" or "our") may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the MediaFire website, your sole remedy is to discontinue use of the Services. You use the Services of MediaFire at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
1212
1313_Which means: The above states that you have read and agree to the Terms of Service and Privacy Policy, and any future changes, if you use MediaFire for yourself or your company or organization now or after modifications to this Agreement._
1414
1515## Ability to Accept Terms of Service
1616
17MediaFire Free Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 13 years of age, then do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
17MediaFire Free Services are available to anyone over the age of 16, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 16 years of age, then do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
1818
1919MediaFire premium services are available to anyone over the age of 18.
2020
2121Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
2222
23_Which means: You're over 18 and have authority and permission to accept this Agreement or between 13 and 18 and your parents have accepted this Agreement on your behalf._
23_Which means: You're over 18 and have authority and permission to accept this Agreement or between 16 and 18 and your parents have accepted this Agreement on your behalf._
2424
2525## Content - It's Yours
2626
2727When you upload text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as "Content". You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.
2828
2929You retain all of your ownership rights in your Content. We don't claim any ownership in or to any of your Content.
129129## DMCA: Digital Millennium Copyright Act
130130
131131If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law.
132132
133133_Which means: Go to the Copyright page for legal guidelines, contact us, and we'll respond ASAP._
134134
135## MediaFire Premium Accounts - Payment, Renewal and Cancellation
135## MediaFire Trial & Premium Accounts - Payment, Renewal and Cancellation
136136
137Premium Services ("Subscription") require you to pay a fee, which is described in greater detail below. You agree to pay all fees and charges you incur, in US dollars with a major credit card accepted by MediaFire. Subscription fees are non-refundable except as expressly set forth below. You hereby authorize us to charge your credit card to pay for the ongoing cost of Subscription. Payment for the appropriate Subscription and/or Services will be made by automatic charges to your credit card. Upon its expiration, your Subscription will be automatically renewed for a term (1) equal to the original subscription term or (2) in accordance with the terms of a special subscription offer ("Promotion"), and continually renewed for equal terms thereafter, unless you terminate your Subscription pursuant to the process set forth below. You acknowledge and agree that the authorization to charge your credit card for our Subscriptions shall automatically transfer to any successors or assigns of the Services.
137The Terms of Payment are an integral, material part of these Terms of Service, and are incorporated into these Terms of Service by reference. [Visit our Terms of Payment for more information](https://mediafire.com/policies/terms_of_payment.php)
138138
139The billing period ends each term on the anniversary of your activation date. You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will be responsible for charges for any products or services that you purchase that are offered for sale through our Services. In addition, you are responsible for paying any amounts billed to your credit card by someone who uses your card, such as a secondary card holder or family member, or if you authorized use of your card by someone else for the initial Subscription. If payment cannot be charged to your credit card or your payment is returned to us for any reason, including chargeback, we reserve the right to either suspend or terminate your account and our obligations under this Agreement. If you provide us with a new/updated card and are successfully charged, your renewal period will be based on the original renewal date and not the date of the successful charge.
139## Bandwidth
140140
141PROMOTIONAL SUBSCRIPTIONS ARE RENEWED AT THE THEN CURRENT NON-PROMOTIONAL FEE. SOME YEARLY PLANS, WERE OFFERED FOR THE INITIAL 12 MONTHS ONLY AND MAY BEGIN BILLING MONTHLY STARTING THE 13TH MONTH AFTER SIGNUP. From time to time, we may offer different subscription plans and the fees for such plans may vary. A detailed description of current premium services and features can be found on the Product Matrix page or by contacting Customer Service.
142
143A 30 Day Free Trial offer may be provided to MediaFire free users after which MediaFire will charge the provided credit card to continue the Premium subscription on a recurring basis, unless the user has first cancelled the subscription. Upon acceptance of the trial, MediaFire will send an authorization request to your financial institution to verify that your payment method works. These requests are not charges, but in some cases may temporarily affect your available account balance. You will not be charged if you do not continue the service. MediaFire reserves the right, in its absolute discretion, to determine who receives the offer, or to withdraw or modify the offer at any time without prior notice or liability.
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145141Business services offer "Rollover Bandwidth". Unused bandwidth in each billing period will become available in subsequent billing periods, without time limitations for usage. If you upgrade your plan, you will be billed immediately for the new plan and any unused bandwidth from your previous plan will be rolled over into your new plan. Additional increments of bandwidth may be purchased for immediate use, which qualifies as Rollover Bandwidth. This one time purchase is not a recurring charge and will not affect the pricing of your Subscription service. You may view your billing history from your My Account page.
146142
147Pro services will be allocated 500GB of total storage, and a minimum of 1TB of bandwidth every 30 days, based on your initial subscription date. Additional increments of bandwidth may be purchased. If you have less than 1TB available at the beginning of the next 30 day period, your bandwidth will be automatically increased to 1TB. If your account is in excess of 1TB, bandwidth will not be added or deducted
143Pro services will be allocated 1TB of total storage, and a minimum of 1TB of bandwidth every 30 days, based on your initial subscription date. Additional increments of bandwidth may be purchased. If you have less than 1TB available at the beginning of the next 30 day period, your bandwidth will be automatically increased to 1TB. If your account is in excess of 1TB, bandwidth will not be added or deducted.
148144
149145Bandwidth in a premium account is consumed by anyone, including you, who download your file(s). From your My Account page, you may view stats about your bandwidth usage.
150146
151You may cancel a Subscription at any time through your My Account page. Your account will remain active for the remainder of the term for which you have previously paid after which it will revert to a standard free account and be subject to the restrictions of a free account. Cancellation of your Subscription will not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which your Subscription is cancelled. We are not responsible for any accounting errors or oversights older than sixty (60) days. MediaFire may, without compensation or proration, cancel your Subscription in the event of nonpayment or dispute of payment or if you violate any terms or conditions of this Agreement.
152
153_Which means: Your credit card will automatically be charged for renewals. Promotional and some yearly subscription plans, at renewal, are billed monthly at the then current fee. You can cancel at any time from your account, or contact customer service. You can buy an upgraded account or services. Bandwidth is used by anyone downloading your Content._
154
155## Refund Policy:
156
157MediaFire may approve a thirty (30) day money-back guarantee, after a review of Services utilized, which would apply only to the initial charge of your first Subscription with MediaFire. The guarantee does not apply after a 30 Day Free trial or to re-established subscriptions, changes in subscriptions or creations of subsequent subscriptions. Your account will then revert to a free account and be subject to the restrictions of a free account.
158
159REFUND REQUESTS should be submitted to MediaFire by email at [efundray@ediafiremay.omcay](ailtomay:efundray@ediafiremay.omcay).
160
161_Which means: First time users may request a refund of their first month Subscription fee and be converted to a free account user._
162
163147## As-Is Services
164148
165149YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAFIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
166150
167151NEITHER MEDIAFIRE NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER MEDIAFIRE NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
168152
199183YOU AND MEDIAFIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
200184
201185_Which means: Standard contract language. All disagreements will be heard in Harris County, Texas, USA within one year._
202186
203187Please submit reports of any violations to our support department.
204188
205Revised: May 23, 2019
189Revised: April 14, 2020