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Terms and Conditions:

Welcome to Tilefile!

Before you register for your Tilefile account and can use the Tilefile service (Service), you must read and agree to these Terms of Use and the following policies, including any future amendments (collectively, "The Tilefile Agreement"):

These terms and conditions set out the terms on which Tilefile agrees to provide the Service to you.

Tilefile can change the Agreement at any time. Tilefile will give you notice of any change by an email when a change is made, sent to the email address that you notify when registering (or any other address that you advise subsequently) and will also post the changes at this page (available at http://www.tilefile.com/terms_of_use). Accordingly, it is important that you ensure that the email address that we have for you is current. If you do not accept (and abide) by the Agreement, you must not use the Service. If there is an inconsistency between the Terms of Use, Tilefile Codes of Conduct or (available at http://www.tilefile.com/codes_of_conduct), the Tilefile Privacy Policy (available at http://www.tilefile.com/privacy_policy), the Tilefile Terms of Use prevail. Nothing in this Agreement confers any third party rights or benefits.

1. Your obligations

1.1 You must satisfy each of the following:

• Be the same person as the person whose details are provided to set up a Tilefile account.
• Comply with all terms set out in the Agreement.
• Promptly notify Tilefile if you believe or suspect that the Service has been compromised or is being used in a manner that breaches the Agreement.
• Regularly check the email address provided to Tilefile on registration for messages about the Service (or, if you have arranged for emails to be forwarded to an alternate email address, you must check that alternate email address).
• Use the Service for your personal use only.
• Provide current, accurate identification, contact, and other information that may be required as part of the registration process or continued use of the Service.
• Maintain the confidentiality of your Service password and Tilefile account, and are responsible for all activities that occur with your account. Where the current account details (including mobile phone number or other mobile verification) or password are provided, Tilefile is entitled to assume that the access is by you, or authorised by you, and you indemnify Tilefile completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details or password) to your account.
• Respect the privacy and personal information disclosed by other users and use any personal information disclosed for the purpose for which is was disclosed.

1.2 You must not do, and you must not authorise or encourage any third party to do, any of the following:

• Use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable, as reasonably determined by Tilefile.
• Upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations.
• Prevent other Tilefile account holders from using the Service.
• Use the Service for any illegal, fraudulent or inappropriate purpose.
• Use the service in any other way that violates any of the items as described in the list of ‘Prohibited Actions’ and ‘Spam’ as outlined in the Codes of Conduct.
• Alter, remove or otherwise interfere with any Default Permissions or other classifications applied to another user’s content that is made available through the Service.
• Construct your own system to access the information on our Service unless through the registered use of our A.P.I.
• Act in any way that violates the Tilefile Agreement,

1.3 You acknowledge and agree to each of the following:

• The Service is only provided to you for so long as you continue to have a current and valid Tilefile account.
• The service may be subject to limits on technical limitations such as the total data storage size and data transfer speeds.
• The Service may include user-targeted, content-targeted advertisements and/or non targeted advertisements or other related information, as described in the Tilefile Privacy Policy.
• The Service is provided on an AS IS and AS AVAILABLE basis and Tilefile make no warranties or guarantees in respect of uptime for your data, content or the Service.
• Tilefile expressly assumes no responsibility for, without limitation, backing up your data, damage to your data or integrity of your contact list.
• Due to the nature of the Service, Tilefile does not promise that it will be continuous, accessible at all times or fault-free.
• Tilefile reserves the right to modify, suspend or discontinue any part of the Service with or without notice at any time and without any liability to you.

2. Commencement, Termination and Cancellation of the Agreement or the Service.

2.1 This Agreement commences on the date you accept these terms and conditions and complete the registration and account activation process.

2.2 You may cancel your use of the Service or terminate the Agreement with or without cause at any time by providing notice to Tilefile (through Contact Us) at http://www.tilefile.com/accounts/ManageAccount. However, a terminated account may continue to exist for up to two business days before the cancellation takes effect.

2.3 Tilefile may at any time and for any reason, by notice to you sent by email, terminate the Service, terminate the Agreement, or suspend or terminate your Tilefile account. On termination, your Tilefile account will be disabled, you will have no access to and no right to use the Service, and you will not be granted access to your account, or any files, or other content contained in your account although residual copies of information may remain in our system.

2.4 After a period of inactivity, Tilefile reserves the right to disable or terminate your account. An inactive account has had no activity from the owner of the account. This includes, but is not limited to, no login attempts, no content upload and no communication with contacts. If an account has been deactivated for inactivity, the content associated with that account may be deleted without notice to you or such other party.

3. Content of the Service.

3.1 Tilefile takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), that is distributed or hosted through or using the Service. Tilefile has no obligation to monitor and does not monitor any third party content. You are responsible for all content that you view, store, save, share, communicate or distribute through using the Service.

3.2 You acknowledge that where you upload, download or otherwise cause content to be communicated via the Service by means of any mobile telephony, PDA or similar device (Device), all costs (including but not limited to the costs of connection to and use of a Carrier Service as that term is defined in the Telecommunications Act 1997) associated with the communication (Mobile Costs) is at your sole expense and that Tilefile assumes no liability and makes no representations impliedly or expressly to assume or contribute in any form towards any Mobile Costs you may incur through your use of the Service.

3.3 Tilefile reserves the right at all times to remove or refuse to host, store, distribute or communicate any content on the Service in accordance with clause 7.

3.4 Tilefile reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following:

• Satisfy any applicable law, regulation, legal process or governmental request.
• Enforce the Agreement, including investigation of breaches or potential breaches of it.
• Detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam).
• Respond to user support requests.
• Protect the rights, property or safety of Tilefile, its users and the public.

4. Intellectual Property Rights.

4.1 You acknowledge that Tilefile owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Tilefile Rights"), and the Tilefile Rights are protected by intellectual property laws. Accordingly, you must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. The Tilefile Rights include rights to the Service developed and provided by Tilefile, all software associated with the Service and the Brand Features (see below). The Tilefile Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

4.2 Any use of Tilefile’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (Brand Features) by you must be only in connection with the Service and in compliance with the Agreement and in compliance with Tilefile’s then current Brand Feature use guidelines (forming part of the Tilefile Agreement) which may be found at http://www.tilefile.com/permissions/brandguidelines.html (or such other URL Tilefile may provide from time to time). You must not alter any Brand Features or copyright notices that are posted by Tilefile in connection with the Service.

4.3 Tilefile does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Tilefile account.

4.4 You acknowledge and agree that, you grant to Tilefile and to all other users of the Service, a licence to use that content, in connection with the Service. You also agree that, in accessing or using content that another user of the Service uploads, transmits or stores, you must agree to respect any conditions that apply to that content, having regard to that user’s classification of that other content, received by you directly from that user.

4.5 Further, you grant to Tilefile a non-exclusive, royalty-free, irrevocable licence to use, reproduce any content that you introduce to the Service (and warrant that you have the right to do), for the following purposes:

• Promotion or marketing of the Service.
• Technical development or data testing of the Service.
• Monitoring or investigation of activity using the Service.
• Compliance with legal or regulatory obligations.
• Provision of indexing, searching or cataloguing facilities or services.
• Any other purposes notified to you in the Tilefile Agreement.

4.6 You must not circumvent, or attempt to circumvent, any Technological Protection Measure that is applied to any other user’s content (whether applied by Tilefile or an Owner). You must not alter, remove or otherwise interfere with an Rights Management Information applied to another user’s content that is made available through the Service.

4.7 In clause 4.6, “Rights Management Information” and “Technological Protection Measure” have the same meaning as those terms as defined in the Australian Copyright Act 1968.

4.8 Where you are not the author of content, you warrant to Tilefile and to each user of that content that, to the extent necessary to allow use of the content in accordance with the Service, the author of the content has consented to any acts of omissions that are allowed by the Service that would, but for the consent, amount to an infringement of the author’s moral rights under the Australian Copyright Act 1968.

5. Restrictions

5.1 You agree that Tilefile can establish limits concerning use of the Service including, without limitation, each of the following:

• The maximum number of communications or files that may be sent from or received by a Tilefile account in any period.
• The maximum size of communications or files that may be sent from or received by a Tilefile account.
• The maximum number of times and duration you may access Tilefile in a given period of time.
• The maximum size of your Tilefile account.

Different limits may apply for mobile phone services.

5.2 Your account will include a maximum of storage capacity as set out in the Tilefile Agreement (and indicated in the rate card), unless you purchase additional storage through a fee for service arrangement. For further information about these services please see http://www.tilefile.com/premium.

5.3 In its sole discretion, Tilefile may not, process any communication or file that is larger than ten (10) megabytes

5.4 Subject to relevant telecommunications legislation, you authorise Tilefile to access and make use of any spare capacity (in terms of CPU time or storage or disk space) that you may have in the hardware that you use to access or use the Service, in accordance with the Tilefile Agreement.

6. Back-ups

6.1 Tilefile does not include archiving or back-up services in the Service we provide. For example if website data and content as stored on the Tilefile server becomes corrupted for any reason we are not responsible for restoring a correct version of that data or content. You are responsible for ensuring that you maintain any necessary secure and reliable copies of all data and content that you store, share or otherwise make available using the Service.

7. Suspension of Service/Take down notice

7.1 If Tilefile believes on reasonable grounds (including from a reasonably verifiable third party complaint (Complainant)) that you have breached your obligations under the Agreement, Tilefile may suspend your access immediately while an investigation occurs. You must co-operate with any investigation.

7.2 If you believe, on reasonable grounds, that another user of the Service is using or distributing content that breaches your rights, or that is in breach of Agreement, you may give notice to Tilefile (take down notice). A take down notice to Tilefile must be in writing and have all of the following information:

• Description of the works claimed to be infringed.
• Description of the allegedly infringing works to be removed, or to which access is to be disabled, (Infringing Material) including its location on the Service.
• A statement in good faith that the use of the Infringing Material is not authorised by the copyright owner, the owner’s representative or the Copyright Act or otherwise contravenes a legal right (identifying the legal right).
• Sufficient information to permit Tilefile to contact the Complainant.
• A signed statement that the Complainant is authorised to act on behalf of the owner of the legal rights concerned.

7.3 On receipt of a take down notice from another person, in connection with content that you own, host or distribute, Tilefile must use its reasonable endeavours to determine if the use of the Infringing Material is permitted under the provisions of the Copyright Act, under licence or otherwise. If this is not the case, Tilefile will remove, block access to or otherwise disable use of or access to the Infringing Material.

7.4 Within 3 working days of receipt of a take down notice, Tilefile will act to do each of the following:

• Remove or disable access to the Infringing Material. Every effort will be made to contact you to seek voluntary take down of the Infringing Material. If this is not successful, Tilefile will act to remove or disable access to the Infringing Material. You acknowledge and agree that Tilefile is authorised to take all necessary steps, including access to your account or content, in order to remove or disable access to the Infringing Material. Refer to Clause 5, Code of Conduct.
• Notify the Complainant that Tilefile has removed or disabled access to the Infringing Material;
• Notify you that the Infringing Material has been removed or access has been disabled.

8. Representations and Warranties.

8.1 You represent and warrant each of the following:

• All of the information provided by you to Tilefile to participate in the Services is correct and current.
• You have all necessary right, power and authority to enter into the Agreement and to perform the acts required of you under the Agreement.

9. Privacy.

9.1 As a condition to using the Service, you agree to the terms of the Tilefile Privacy Policy as it may be updated from time to time. You do, however, agree that Tilefile may monitor, edit or disclose your personal information, including your content, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the Agreements or the Tilefile Privacy Policy.

9.2 Personal information collected by Tilefile may be stored and processed in Australia or any other country in which Tilefile or its agents maintain facilities. By using Tilefile, you consent to any transfer of information outside of your country of residence.

9.3 Tilefile does not represent, warrant or guarantee expressly or by implication the privacy or integrity of any content (other than your personal information provided directly by you to Tilefile) which you upload, download or otherwise cause to be communicated using the Service;

9.4 You acknowledge that the Service is a public service and is not a secure or ‘permissions-based’ network. You acknowledge that other users of the Services may, through the normal and ordinary use of the Service or the tools provided by Tilefile, access or view your content.

9.5 Use of a Device without allowing verification of that Device or any content uploaded exposes your Device to being “spoofed” or imitated or to others sending you content not by or requested by you. Tilefile does not give any warranty or guarantee expressly to verify the source of the content.

10. Advertisements.

10.1 As consideration for using the Service, you agree and understand that Tilefile may display advertisements and other information adjacent, prior or subsequent to and related to content. Tilefile serves relevant advertisements (as defined in the Tilefile Privacy Policy) using a completely automated process that enables Tilefile to effectively target dynamically changing content. No human will read your content in order to target those advertisements or other information without your consent, and no email content or other personally identifiable information will be provided to advertisers as part of the Service.

10.2 Some of the content that we make available to you through Tilefile comes from third parties. All such content is provided to you "as is." This content and your use of it are subject to change and/or removal at any time.

11. Indemnity.

11.1 You agree to hold harmless and indemnify Tilefile, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Tilefile must provide you with written notice by email of any claim, suit or action.

12. Limitation of liability

12.1 Tilefile gives no warranty in relation to the Service provided or supplied. Under no circumstances is Tilefile or any of its carriers or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Service including its form, content and timeliness of delivery, including, without limitations, for and in relation to any of the following:

• Any Service supplied to you.
• Any delay in supply of the Service.
• Any failure to supply the Service.
• Any technical or non-technical failure.
• Any content or information accessed via the Service with or without your authorisation.

12.2 The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Tilefile’s liability (if any) arising from the breach of those conditions and warranties is limited, in Tilefile’s sole discretion, to the supply of the Services again or cost of re-supplying the Services again.

13. Complaints and Dispute Resolution

13.1 Tilefile understands that disputes and misunderstandings can arise about the Agreement or the Service. For this reason, Tilefile provides you with a facility for you to clearly record your complaint or dispute, and to seek speedy resolution. The complaints and dispute resolution procedures are set out in the Code of Conduct. We each agree to abide by, and comply with that Dispute Policy, as it exists as at the date of notification any dispute.

13.2 Each party must exhaust the process set out in that Dispute Policy before instituting any legal proceedings or making any complaint to any third party. A party must not oppose any application for a stay of any legal proceedings in respect of any dispute pending completion of the process set out in the Dispute Policy. However, nothing in the Dispute Policy prevents a party from instituting legal proceedings seeking urgent interim or interlocutory relief.

13.3 The existence of a dispute does not excuse the parties from performing their continuing obligations under the Agreement and you are solely responsible for your interactions with other Tilefile users. Tilefile reserves the right, but has no obligation, to monitor disputes between you and other Tilefile users.

14. Notices.

14.1 Any notice under the Agreement must be in writing and in the English language.

14.2 A notice to you may be given by sending an electronic communication to the email address notified by you on registration (or any other email address that you may by notice notify Tilefile). That email address is a designated information system and any notice is received when the electronic communication enters that information system.

14.3 A notice to Tilefile may be given through Tilefile Support

14.4 Any notice to Tilefile is received when the electronic communication comes to the attention of Tilefile and Tilefile acknowledges receipt, by sending a notification to the sender of receipt of the electronic communication.

15.Choice of Law; Jurisdiction.

15.1 The Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to its conflict of laws provisions or your actual state or country of residence.

15.2 You submit to the non-exclusive jurisdiction of the courts of that State (and any courts of appeal).