Free File and Video Hosting Service

TERMS OF SERVICE
FILE-SHARING
^zSHARE.net

• 1.1 With ^zSHARE you can upload files, images, videos, audio and flash for free. You can also use ^zSHARE as your personal file storage: backup your data and protect your files. These services are hereinafter referred to as “Service”.
  
• 1.2 These Terms of Use are applicable to the use of the Service by you or a third party on your behalf.
  
• 1.3 The Service ^zSHARE provides is owned by us and or by third parties with whom we have agreements (hereinafter collectively "we" or "us"). We hereby grant to you and you accept a nonexclusive license to use the Service.
  
• 1.4 The conditions laid down in these Terms of Use form the entire agreement between you and ^zSHARE.
  
• 1.5 Should any provision of these Terms of Use be or be declared void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the remaining provisions of the License shall not be affected. Failure of either party to enforce any provision of the License shall not constitute nor be construed as a waiver of such provision or of the right to enforce such provision.
  
• 1.6 Divergences of these general terms of use are only valid, if and as far as these divergences are explicitly written agreed.
  

• 2.1 The License is effective upon your clicking the "Share it!"button after clicking and accepting this TOS. We may terminate the License upon the breach by you of any term hereof.
  
• 2.2 We are entitled to terminate the Service without prior notice at any time and without cause.
  
• 2.3 Upon any termination you will no longer be permitted to use the services of ^zSHARE. All licenses granted hereunder will terminate.
  
• 2.4 You are responsible for the access of, and maintenance of all equipment used in conjunction with the Service. This includes all computers, software, and any communication equipment used for the Service.
  
• 2.5 You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under the License.
  
• 2.6 The Service is licensed hereunder solely for your personal use and only for its intended purpose. We have no responsibility or liability for damages or claims relating to any use of the Service on a Professional Basis.
  

• 3.1 ^zSHARE maintains the right to revise or discontinue any facet of the Service. This includes, but is not limited to, hours of operation, content, functionality and pricing for the Service.
  
• 3.2 ^zSHARE reserves the right to change these Terms of Use, as it feels necessary. Any use of the Service by you after notification serves as acceptance of Agreement changes.
  
• 3.3 You shall not attempt to access any of the Service systems or programs that are not made available for public use. Attempts to compromise security measures, or misuse of the Service, are a violation of our copyright, trademark and trade secrets.
  

• 4.1 This Service is the valuable, confidential, and trade secret property of ^zSHARE or third parties that have contributed thereto. Copying of (any portion of) the Service is prohibited.
  
• 4.2 You may not redistribute or retransmit the content of the Service to any unauthorized user. No portion of this Service may be copied or reproduced for commercial exploitation.
  

• THIS SERVICE PROVIDES YOU THE ABILITY TO STORE AND SHARE DATA FILES VIA THE INTERNET.
  
  ^zSHARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE PRESENT AND FUTURE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
  
  ^zSHARE DOES NOT REPRESENT OR WARRANT THAT:
  THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
  THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  ERRORS OR DEFECTS WILL BE CORRECTED;
  THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  ^zSHARE DOES NOT MAKE BACK-UPS OF THE DATA FILES THAT ARE STORED ON ITS SERVERS.
  
  ^zSHARE RESERVES THE RIGHT TO REMOVE OR DISABLE ACCESS TO YOUR DATA FILES THAT ARE STORED ON ITS SERVERS WITHOUT NOTIFICATION AT ANY TIME AND FOR ANY REASON IT SEES FIT.
  

• 6.1 The Service is provided "as-is" and, to the maximum extent permitted by applicable law.
  
• 6.2 ^zSHARE disclaims all other warranties, express or implied, regarding the Service, including fitness for a particular purpose, merchantability, or non-infringement.
  
• 6.3 Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In this event, any implied warranties are limited in duration to 60 days from the date of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
  

• AS PROVIDED ABOVE IN THE WARRANTY OF SERVICE, THE ENTIRE LIABILITY OF US FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE.
  
  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, LOSS OF DATA OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ^zSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
  
  THE LIMITATION OF DAMAGES AND LIABILITY SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND ^zSHARE. YOU ACKNOWLEDGE AND AGREE THAT ^zSHARE WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
  
  

• 8.1 You are responsible for your own use of the Service. You will at all times be responsible for the use of your username and password.
  

• 9.1 Information provided by you is securely stored on servers owned and maintained by us. The Service operates under strict security protocols to protect your information. Storing information on our servers in a central repository also ensures that your Information is accessible anytime/anywhere and eliminates the need to allocate additional hardware to store this information.
  
• 9.2 You shall at all times maintain your own copy of files uploaded through our Service.
  
• 9.3 In the event we receive a lawful subpoena or Notice of Infringing Material as described in het Notice and Takedown procedure regarding your information and data, we will comply with the law.
  ^zSHARE reserves the right to remove or disable access to your information and data at any time without giving you (prior) notice. ^zSHARE will not release your information and data to the public without your prior approval.
  

• 10.1 We do not sell any non-public personal information to third parties.
  

• 11.1 By clicking the "Accept" button, you agree that this acts as receipt of notice of our privacy policy that is available for viewing on our web site. In addition, each web page on this site has a link to our privacy policy.
  
• 11.2 We reserve the right to periodically change the privacy policy. Such changes will be placed on our web site, and you agree to assume responsibility to review any and all privacy notices posted there.
  

• 12.1 You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service.
  
• 12.2 In addition, without limitation, you agree not to use the Service to:
  
  • 12.2.1 use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
    
  • 12.2.2 harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
    
  • 12.2.3 transmit through or post on the Service unlawful, harassing, libellous, abusive, tortuous, defamatory, threatening, harmful, abusive, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;
    
  • 12.2.4 transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
    
  • 12.2.5 transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots;
    
  • 12.2.6 interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;
    
  • 12.2.7 attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
    
  • 12.2.8 harass or interfere with another user's use and enjoyment of the Service.
    
• 12.3 ^zSHARE has no obligation to monitor the Service and/or content stored by any user or any user's use thereof or retain the content of any user session. ^zSHARE reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
  
• 12.4 You agree that ^zSHARE has the right to decide what appropriate content is and that ^zSHARE can delete any data, files, images and/or videos at any time without user notification.
  
• 12.5 You agree that using excessive bandwidth of the Service is not permitted. ^zSHARE reserves the right in this case to disable direct linking on user accounts.
  
• 12.6 If there is a dispute between participants on the websites of ^zSHARE, ^zSHARE is under no obligation to become involved.
  

• 13.1 Performance of ^zSHARE hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostilities, terrorist attacks, the elements, fire, explosion, power failure, telecommunications failure, unavailability of the internet, industrial or labour dispute, inability to obtain supplies and the like, or breakdown of equipment or any other causes beyond ^zSHARE’s control.
  

KongShare Ltd.
9th floor Hutchison House,
room 908,
10 Hartcourt Road,
Central Hong Kong,
Hong Kong
Chamber of Commerce nbr: 1217036

^zSHARE's payments are being processed by KeyCollect SA. Therefore the name KEYCOLLECT may appear on you bank or card statement. For more information visit www.keycollect.com.

KeyCollect SA
Zollikerstrasse 153
8008 Zürich
Switzerland
Phone number: +41 43 50 80 888
VAT registration number: 725 301

For any payment inquiries, please contact us.

Abuse report: Notice and takedown procedure