PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY CREATING AN ACCOUNT AND USING THE CONVERTMYFILES.COM SERVICE, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE. ANY CHANGES TO OUR TERMS AND CONDITIONS WILL BE POSTED TO THIS PAGE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THIS SERVICE.
1. Definitions1.1. “Effective Date” means the date which you commence using the Services. 1.2. “Services” means the provision of services as selected by you during the ordering process whether free of charge or for a one-time or recurring Subscription Fee. 1.3. “Subscription Fee” means the one-time or monthly recurring fee payable by the you in advance in respect of the provision of the Paid Services, and as may be varied by ConvertMyFiles.com on notice to you from time to time. The Subscription Fee is exclusive of all taxes, levies, assessment, surcharges, duties or similar items which, if applicable, shall be payable by you at the then prevailing rate. 1.4. “Subscription Period” means the period from the Effective Date until the subscription is terminated in accordance with the provisions herein.
2. Description of ServicesThe Services provide a user, herein known as “User”, the ability to convert a file, or multiple files, herein known as “User File(s)”, from their original file format to a user-selected file format. The Services operate by storing the uploaded User File(s) on a ConvertMyFiles.com server and then attempting to convert it/them into the new file format, herein known as “Converted File(s)”. After conversion, any Converted Files(s) can be downloaded from a secure webpage accessible only from within the ConvertMyFiles.com account created by the User. An e-mail is also sent to the User that contains a link directing them to a log into their ConvertMyFiles.com account to download their Converted Files(s). ConvertMyFiles.com provides four levels of service; “Free”, “Bronze”, “Silver” and “Gold”. See Subscription Options for more information about each level of service. You acknowledge and agree that ConvertMyFiles.com may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may convert through the Services, the maximum number of hours or days that a file will be stored by the Services, and the maximum number of times a user may access the Services in a given period of time. ConvertMyFiles.com reserves the right to change or discontinue any of the Services at any time. Subject to all the terms and conditions of this Agreement, ConvertMyFiles.com shall supply the Services to you and grant you a personal, non-transferable, terminable licence to use the Services from the Effective Date for the Subscription Period. You may request and ConvertMyFiles.com may agree to upgrade the Services provided to you and the Subscription Fee payable will be amended accordingly for the next monthly payment.
3. Responsibility for DataYou have sole responsibility for all User File(s) you upload and any Converted Files(s) that you store on the ConvertMyFiles.com servers through use of the Service. You acknowledge and agree that ConvertMyFiles.com and its parent company, PEERNET Inc., will not be responsible for any failure of the Services to convert a User File or store a Converted File. You acknowledge and agree that ConvertMyFiles.com will not be responsible for the deletion of a User File or Converted File stored on the Services, or for the corruption of or loss of any data, information or content contained in a User File or Converted File. You bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data. The documents uploaded for conversion can be stored on our servers and can be later inspected by our staff at the request of the User for the sole purpose of improving the quality of our product (typically in case of a failed conversion). Your documents will not be used for other purposes, nor sold to other parties. However, it is your responsibility not to upload documents containing sensitive data, because we cannot be held responsible for such data.
4. Limitation of LiabilityYour use of ConvertMyFiles.com is at your own risk. If you use the “Free” level of service, you acknowledge that save for any liability we cannot exclude at law, your sole remedy is to discontinue use of the Services. Subscribers to “Bronze”, “Silver” and “Gold” levels of service expressly understand and agree that ConvertMyFiles.com and its parent company, PEERNET Inc., shall not be liable for any indirect loss, consequential loss of profits, revenue, business opportunity, anticipated savings, goodwill or reputation, use or data , resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party using the Service; or
- any other matter relating to the Services.
5. General ProhibitionsAs a condition to your use of the Services, you agree not to:
- Invoke the conversion service directly from other websites or using automated tools.
- Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that:
- is false or misleading;
- is defamatory;
- invades another’s privacy;
- is obscene, pornographic, or offensive;
- promotes bigotry, racism, hatred, or harm against any individual or group;
- infringes another’s rights, including any intellectual property rights;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- spreads messages of terror or depicts torture;
- harm minors in any way, this includes any form of child pornography;
- promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
- Impersonate or misrepresent your affiliation with any person or entity.
6. Third-Party LinksThe Services may make available links to third-party websites. Links to such websites do not imply any endorsement by ConvertMyFiles.com of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites. You acknowledge and agree that ConvertMyFiles.com is not responsible or liable for:
- the availability or accuracy of such websites;
- the content, products, or services on or available from such websites
8. Copyright PolicyConvertMyFiles.com respects the intellectual property rights of others and expects our Users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s rights, and expressly prohibited under ConvertMyFiles.com’s services. Users of ConvertMyFiles.com’s services upload, download, convert, access and use materials and services at their own risk. ConvertMyFiles.com does not monitor customer content. ConvertMyFiles.com will not be liable for any damages claimed as a result of ConvertMyFiles.com’s services, information, or products. Each and every User is solely responsible for all materials stored with ConvertMyFiles.com, for accuracy of materials including warranties, and for acquiring all necessary authorizations for hyperlinks and marketing materials. ConvertMyFiles.com makes no express or implied warranty regarding the accuracy, quality, or nature of information that may be obtained by users or participants from the internet through the use of ConvertMyFiles.com’s services. ConvertMyFiles.com may, at its discretion, remove content, disable and/or terminate the accounts of Users and/or deny Users future access to ConvertMyFiles.com’s services, who may be infringing the intellectual property rights of others or ConvertMyFiles.com, or otherwise potentially expose ConvertMyFiles.comto civil or criminal liability. Should registered users of ConvertMyFiles.com’s premium services breach these conditions ConvertMyFiles.com reserves the right to terminate that User’s account immediately, without recourse to refunding any monies paid. However, such rights shall in no way create an obligation for ConvertMyFiles.com to edit or review the Website(s) or Content.
9. Proprietary RightsAll right, title, and interest in and to the Services are and will remain the exclusive property of ConvertMyFiles.com and its parent company, PEERNET Inc. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively “Materials”), are provided either by ConvertMyFiles.com or by their respective third party authors, developers and vendors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by ConvertMyFiles.com and/or its Third Party Providers. The password and log-on details provided to you are confidential to you and you hereby agree that you shall not share such information with any third parties. You shall notify ConvertMyFiles.com forthwith if you are aware of any third party having access to such information.
10. TrademarksConvertMyFiles.com, the PEERNET logo, and all other ConvertMyFiles.com and PEERNET trademarks, service marks, product names, and trade names of ConvertMyFiles.com appearing on the Services are owned by PEERNET Inc. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner’s prior written consent.
11. NoticeConvertMyFiles.com reserves the right to make changes or updates to the site and the Services offered at any time without notice. By agreeing to these Terms of Service ConvertMyFiles.com reserves the right to send you an email newsletter publication from which you will be able to unsubscribe at any point.
12. SeverabilityIn the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13. Governing LawThis Agreement shall be construed under the laws of Canada and the Province of Ontario, as applicable, without regard to its principles of conflicts of law.
14. Force MajeureNeither the User nor ConvertMyFiles.com, or its parent company, PEERNET Inc., shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, or embargoes.
15. IndemnityYou agree to defend, indemnify, and hold harmless ConvertMyFiles.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.
16. WaiverThe failure of ConvertMyFiles.com, or its parent company, PEERNET Inc., to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
17. FeeSubscribers to “Bronze”, “Silver” and “Gold” levels of service, for both single month and monthly recurring subscriptions, expressly understand and agree:
- In consideration for the provision of the Services, you shall pay ConvertMyFiles.com the nonrefundable Subscription Fee.
- PayPal shall issue invoices in respect of the Subscription Fee and shall collect the Subscription Fee from your PayPal account. For recurring monthly subscriptions, the Subscription Fee will occur monthly in advance. Both parties agree that except in accordance with section 18 below no refunds shall be given in any circumstances.
- The Subscription Fee is exclusive of all taxes, levies, assessment, surcharges, duties or similar items which, if applicable, shall be payable by the User you at the then prevailing rate.
- In the event that the Subscription Fee, as appropriate, is not collected in accordance with the provisions herein, ConvertMyFiles.com may deny you access to the Services without notice.
18. Cancellation RightsIf you are purchasing the Services as a consumer, then under the Distance Selling Regulations you have the right to cancel this Agreement for any reason during the seven working day cooling off period from the date you subscribe. If you upload a User File to be converted before the end of the cooling off period then you will waive your right to cancel the Agreement.
DISCLAIMER OF WARRANTIESEXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONVERTMYFILE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL CONVERTMYFILES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOUR OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE. CONVERTMYFILE.COM MAKES NO WARRANTY THAT:
- THE SITE WILL MEET YOUR REQUIREMENTS;
- THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.