END USER LICENSE AGREEMENT
ZapFiles.com (hereinafter “ZapFiles”)
End User Registration and License Agreement
To use SendToPerson.com service, you must complete the registration process and accept this Terms of Service and Registration and License Agreement. Read the registration and license agreement below, and when you've agreed to it, you'll be all set to join the SendToPerson.com community.
End User Registration and License Agreement for STP.
The STP software ("Software") and service ("Service") are provided to you, "AS IS," subject to the terms and conditions of this Registration and License Agreement (the "Agreement"). Please read this Agreement in full before installing the Software and using the Service. ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS OF THIS AGREEMENT MAY USE THE SOFTWARE OR ACCESS THE SERVICE.
BY REGISTERING AN ACCOUNT TO USE THIS SERVICE, YOU WARRANT THAT YOU ARE EIGHTEEN YEARS OR OLDER AND AGREE TO USE THE SOFTWARE AND SERVICE AS PROVIDED IN THIS AGREEMENT.
1. Limited License. SendToPerson.com, LLC. grants you a limited, non-exclusive license to use the Software to access the Service for your own individual use.
2. Restrictions on Use. You may not redistribute the Software or provide others with access to the Service. You may not create or use any software other than the Software provided by SendToPerson.com, LLC. to access the Service, without the express written authorization of SendToPerson.com, LLC. You may not modify, reverse engineer, decompile or disassemble the Software or in any way ascertain, decipher, or obtain the communications protocol for accessing the Service. You may not adapt, alter, modify, translate, or create derivative works of the Software (including without limitation the communications protocols for the Service) without the express written authorization of SendToPerson.com, LLC. You may not register with and log on and off the Service, send and receive files via the Service or identify when other Service members are online except through use of this Software and Service and in conformance with the terms and conditions of this Agreement. You may not collect or solicit email addresses or password information. You may not authorize or assist any third party to do any of the things described in this paragraph.
3. Your Representations. You represent and warrant that you will use the Software and the Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Service to violate any law, regulation or ordinance or any right of SendToPerson.com, LLC. or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.
4. Termination. Should you breach this Agreement, your right to use the Service and the Software shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service and the Software. SendToPerson.com, LLC. reserves the right to terminate your access to the Service with or without notice. In the event of any termination of this Agreement, the restrictions on your use of the Software and Service as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.
5. No support by SendToPerson.com, LLC. You understand that you use the Software and Service at your own risk and that SendToPerson.com, LLC. is not obligated to provide any assistance. SendToPerson.com, LLC. and its officers, directors, employees and agents are not responsible for your use of the Software or the Service.
7. STP communications. The STP software allows you to send and receive files (including text, sounds and images) through the Service. SendToPerson.com, LLC. and its officers, directors, employees and agents are not responsible for any files you send or receive. You understand that there are certain risks to accepting or downloading files from other Service users, which include, without limitation, the possibility of damage to your computer and files and data stored on your computer. SendToPerson.com, LLC. does not inspect your files out of respect for your privacy. This means that the files you receive using the service could contain offensive content, viruses, trojans, spyware, malware or other software that could damage your computer or data, and that by downloading files using the SendToPerson.com service you do so AT YOUR OWN RISK . You also understand that files you share with other Service users may be redistributed and used without your knowledge by the recipient of those files and SendToPerson.com is not responsible. In sending and receiving files, other Service users may also be able to determine your IP address.
8. No protection of data. The SendToPerson.com online service is not intended to be a protected vault for your files. While the SendToPerson.com online service takes some steps to protect the privacy of your files, SendToPerson.com does not hire data security specialists to ensure any level of security of your data. SendToPerson.com does not make any representations about the security or protection of your data. SendToPerson.com is not responsible for any damages you may incur if a person were to somehow obtain the files you were sending through the system, or any damages you may incur from loss of data if your file is deleted.
9. Right of refusal. Other members of the service have the right to refuse transmissions from you using the service without explanation or notice, and may block you from sending them files or other communications provided by the SendToPerson.com service.
10. No Monitoring/Archiving/Endorsement by SendToPerson.com, LLC.
You agree that SendToPerson.com, LLC. has no duty to monitor, control, archive or endorse the content distributed by STP users through the Service (such as messages, files, sounds, images, mp3 files). SendToPerson.com, LLC. specifically disclaims any liability arising from your use of the Software or the Service. SendToPerson.com, LLC. and its officers, directors, employees and agents are not responsible for any content distributed by you through the Software or Service. Furthermore, SendToPerson.com, LLC. and its officers, directors, employees and agents are not responsible for the actions of any of it's users and specifically disclaims any liability arising from any "face to face" or "in-person" meetings of it's users. Notwithstanding the foregoing, you acknowledge that SendToPerson.com, LLC. reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request concerning your use of the Service, or to edit, refuse to post, or to remove any information, posting or materials in the Member Directory, in whole or in part, without any prior notification to you.
11. Changes to the Service. SendToPerson.com, LLC. reserves the right, with 30 days advance notice, to introduce and/or increase charges for the use of the Service. SendToPerson.com, LLC. may, in its sole discretion and at any time, modify or discontinue the Software and/or the Service, or limit, terminate or suspend your use of the Software and/or the Service without prior notification to you.
12. Disclaimer of Warranty. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS," LIMITATION WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU UNDERSTAND THAT SENDTOPERSON.COM, LLC. HAS NO CONTROL OVER THE CONTENT TO WHICH YOU MAY BE EXPOSED DURING USE OF THE SERVICE, AND THE ENTIRE RISK OF USING THE SERVICE IS YOURS. SENDTOPERSON.COM, LLC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICE AND THE SOFTWARE SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE.
13. Limitation of Liability. NEITHER SENDTOPERSON.COM, LLC., ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SENDTOPERSON.COM, LLC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. No Trademark License. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of SendToPerson.com, LLC. including SendToPerson.com, SendToPerson.com, LLC. SendToPerson.com, LLC. owns all intellectual property in the Software and Service and the proprietary SendToPerson.com, LLC. name space database, including but not limited to SendToPerson.com, LLC. components and algorithms and access to the Service server complex. SendToPerson.com, LLC. owns all customer data collected through the Service registration process.
15. Injunctive Relief. You acknowledge that the Software and the Service contain SendToPerson.com, LLC.'s proprietary and confidential information, and that disclosure of such information or misuse of the Software or Service will give rise to irreparable injury to SendToPerson.com, LLC., inadequately compensable in damages. Accordingly, SendToPerson.com, LLC. may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
16. Construction. If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The laws of the Commonwealth of Massachusetts , excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Service or Software resides in the federal and state courts of the Commonwealth of Massachusetts .