Acceptance of Terms
Dancing Mammoth welcomes you to Keyfiler (keyfiler.com). We provide Keyfiler to you subject to the following Terms and Conditions (the “Terms”), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.keyfiler.com/terms.php.
By using Keyfiler, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Dancing Mammoth that you will use Keyfiler only in a manner consistent with these Terms. Your use of Keyfiler is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use Keyfiler.
You must be a natural person at least 13 years old to use Keyfiler. You must (a) provide true, accurate, and complete information about yourself when you register, including your name, email address, and other requested information and (b) promptly update the registration data to keep it true, accurate, and complete.
Your login may only be used by one person — single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like. You are responsible for maintaining the security of your account and password. Dancing Mammoth cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
External Access (Api or Otherwise)
You may access data from Keyfiler in a number of ways considered external to Keyfiler, including RSS, remote directory access, email, et al. (“External Access”). Any use of External Access to Keyfiler, when utilized by a third-party agent, software agent, or other product is bound by the Terms, plus the following specific terms:
You expressly understand and agree that Dancing Mammoth shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Dancing Mammoth has been advised of the possibility of such damages) resulting from your use of any External Access.
Abusive or excessively frequent requests to Keyfiler via External Access may result in the temporary or permanent suspension of your account's ability to utilize External Access. Dancing Mammoth, in its sole discretion, will determine abuse or excessive usage of External Access. We will make a reasonable attempt via email to warn the account owner prior to suspension.
We reserve the right at any time to modify or discontinue, temporarily or permanently, your ability to utilize External Access (or any part thereof), with or without notice.
Cancellation and Termination Terms
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You may cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link.
Upon cancellation, all of the content, information, data, text, sounds, graphics, images, or other materials (collectively referred to as “Content”) posted under your account will be immediately deleted from Keyfiler. This information can not be recovered after your account is cancelled. If you cancel your Keyfiler plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.
We have the right, in our sole discretion, to suspend or terminate your account and refuse any and all current or future use of Keyfiler for any reason at any time. Such termination of Keyfiler will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. We reserve the right to refuse service to anyone for any reason at any time.
Modifications to Keyfiler and Price Terms
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Keyfiler (or any part thereof) with or without notice. Prices, including but not limited to monthly subscription plan fees to Keyfiler, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes on the Keyfiler web site (www.fileKeyfiler.com) or Keyfiler itself. Dancing Mammoth shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of Keyfiler.
You understand that you are responsible for all Content posted under your account. Under no circumstances will Dancing Mammoth be liable in any way for any Content. You agree not to use Keyfiler to upload, post, or host Content that:
- is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable;
- compromises copyrighted material used without the express permission of the owner;
- violates the rights of others;
- contains viruses, worms, corrupt files or other forms of corruptive code, or any other content which may compromise Keyfiler;
- harms anyone, including minors; or
- provides a link to any of the above.
In addition, you agree not to use Keyfiler to upload, post, host, or transmit unsolicited email, SMS's or “spam messages.”
We have the sole discretion to determine whether Content you post violates the Terms, and any Content submitted to Keyfiler may be subject to examination from time to time. Although we do not and will not examine or otherwise review all Content posted under your account, we may delete Content for any reason, at any time, without notice.
You will not interfere or tamper with the functioning of Keyfiler, nor will you gain access to information or control of Keyfiler not specifically granted to you.
Copyright and Content Ownership
Dancing Mammoth claims no intellectual property rights over the Content you post using Keyfiler. Your content remains yours. By setting your pages to be shared publicly, however, you agree to allow others to view and share your Content.
All Content appearing on fileKeyfiler.com belongs to Dancing Mammoth and/or its third-party licensors and is protected by United States and foreign copyright laws, and all rights not expressly granted are reserved by Dancing Mammoth and its licensors. Dancing Mammoth grants you a limited license to access and make personal use of Keyfiler. You may download, print, or forward a copy of any Content on fileKeyfiler.com only for personal, noncommercial use. When you download or print a copy of any such Content, you must include all copyright notices. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Dancing Mammoth
Virginia Law and Virginia Forum
By using Keyfiler, you agree that the laws of the Commonwealth of Virginia, U.S.A, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Dancing Mammoth or its affiliates. You also agree that any disputes relating in any way to your use of Keyfiler shall be brought in the courts in Fairfax County, Virginia.
You understand that Keyfiler uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Keyfiler.
You must not modify, adapt, or hack Keyfiler or modify another web site so as to falsely imply that it is associated with Keyfiler or any other product or service provided by Dancing Mammoth
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Keyfiler, use of Keyfiler, or access to Keyfiler without the express written permission of Dancing Mammoth
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of Dancing Mammoth will result in immediate account termination.
You understand that the technical processing and transmission of Keyfiler, including your Content, may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Keyfiler may provide links to other Internet web sites. We have no control over such sites and do not endorse and are not responsible or liable for any information, materials, goods, or services on or available from such sites. Dancing Mammoth shall not be responsible in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such material, goods, or services available on or through any such site.
We can make changes to Keyfiler and these Terms at any time. If any of the Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.
The failure of Dancing Mammoth to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and Dancing Mammoth and govern your use of Keyfiler, superseding any prior agreements between you and Dancing Mammoth (including, but not limited to, any prior versions of the Terms).
Disclaimers and Limitation of Liability
Keyfiler IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AS TO THE OPERATION OF Keyfiler OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND Keyfiler IS AT YOUR SOLE RISK AND THAT DANCING MAMMOTH DOES NOT WARRANT THAT (I) Keyfiler WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Keyfiler WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN Keyfiler WILL BE CORRECTED.
DANCING MAMMOTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR Keyfiler WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DANCING MAMMOTH SHALL NOT BE LIABLE FOR ANY CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DANCING MAMMOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE Keyfiler; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Keyfiler; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Keyfiler; OR (V) ANY OTHER MATTER RELATING TO Keyfiler.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.