This VexFile.com Service Agreement (the "Agreement") describes the terms and conditions on which VexFile.com ("we") offer services to you ("User"). By using our services, User agrees to be bound by the following terms and conditions:
- We reserve the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
- Pornography, nudity, sexual images and any kind offensive images or videos are prohibited. Copyrighted material are also strictly prohibited. We reserve the right to decide appropriate content and can delete images or videos at any time without User notification.
- Users must agree to comply with all laws which apply to their location, including copyright and trademark laws. Images, videos and files that violate copyrights or trademarks are not allowed. If someone has an infringement claim against you, you will be asked to remove the copyrighted file until the issue is resolved. If there is a dispute between participants on this site, is under no obligation to become involved.
- is not liable for your images, videos or files or any lost business due to the unavailability or loss of the website. We make no claims of future reliability in serving, hosting or storing your images, videos or files.
VexFile.com is commited to cooperate with any and all legal authorities if an investigation should arise.
1.1 VexFile provides its services exclusively on the basis of these General Terms and Conditions, hereinafter referred to as "Ts&Cs". The provisions contained in these Ts&Cs do not constitute any rights for the benefit of third parties.
1.2 VexFile reserves the right to amend the provisions of these Ts&Cs with future effect without the User’s prior consent, provided such amendment is reasonable for the User under consideration of VexFile's interests. VexFile gives notice of such amendments within the scope of its services and will make such amendments public and accessible via www.VexFile.com/legal. If the User uses the service after the amendment date, the User agrees to the amended Ts&Cs. Section 7.3 remains unaffected by the above provision.
1.3 The User is obligated to acknowledge that all rights to VexFile's service, including industrial property rights, are the exclusive property of VexFile. The above provision applies in no event to files/content stored/uploaded by the User. The User is not authorized to exploit or use such rights or to remove any references to VexFile's copyrights in any event without VexFile's express written consent. For example, to copy VexFile's service, in whole or in part, and to use VexFile's service in other online offerings.
1.4 These Ts&Cs and any agreements entered into based on these Ts&Cs are governed by the laws of zzzzz. The United Nations Convention on Contracts for the International Sale of Goods, the rules of International Private Law, as well as any reference to such provisions and rules is excluded.
1.5 The place of jurisdiction for any disputes arising from or in connection with these Ts&Cs is, to the extent permitted by law, the respective registered seat of VexFile. VexFile is, however, entitled to enforce judicial orders at the seat of the User. This applies also, in the event VexFile brings actions or damage claims against Users.
1.6 Should a provision or several provisions of these Ts&Cs be or become invalid or unenforceable, in whole or in part, this does not affect the validity and/or enforceability of the remaining provisions of these Ts&Cs.
2.1 VexFile provides its Users access to the service; VexFile is generally authorized to permit only registered Users the use of certain services.
2.2 The User has, in general, a claim to the uninterrupted availability of the service. VexFile will use its best efforts to warrant service availability 24 hours a day and seven days a week. VexFile reserves the right to restrict the contractually agreed services for the purpose of security related measures, such as maintenance or technical innovations. This provision applies also to measures required for operations. In the event of unscheduled measures, VexFile will endeavor to provide the Users with reasonable advance notice and to restore the availability of the service. Should VexFile's service be unavailable, this does not constitute any claims of the User to warranty or damages or compensation of expenses/costs.
2.3 In the event of availability interruptions it is possible that a certain number of requests cannot be recorded and/or logged. Such event does not constitute any claims of the User to warranty or damages or compensation of expenses/costs.
2.4 VexFile is not obligated to provide its services in the event of force majeure. Force majeure events can include:
But also such cases VexFile could not have prevented by applying reasonable care. VexFile is obligated, in general, to perform certain security measures. Such obligation does, however, not obligate VexFile to exclude the occurrence of force majeure events.
2.5 VexFile may perform changes to VexFile's service design and structure, as well as to service upkeep or improvement in the form of technical innovations and/or to implement up-to-date software versions, at any time.
3.1 Files, which the Uploader/User uploads/stores and which VexFile stores on behalf of the Uploader/User, are considered to be external third party information. This information is not the property or responsibility of VexFile.
3.2 If the Uploader/User uploads files that link from external third party internet offerings / third party web pages via hyperlinks, VexFile also considers such information to be external third party information. This information is not the property or responsibility of VexFile and VexFile assumes no responsibility or warranty for the availability of external internet offerings / third party web pages.
3.3 VexFile is, in particular, not responsible for such external third party information, if VexFile has no knowledge of any unlawful acts or the unlawfulness of such third party information and if, in the event of damage claims, VexFile has no knowledge of any facts or circumstances which constitute an unlawful act or based on which the unlawfulness of such external third party information becomes obvious and/or VexFile has gained knowledge of such facts or circumstances and took measures without undue delay and has removed such information or blocked access to such information. The above provision does not constitute any rights vis-à-vis third parties in any case.
3.4 The User is not entitled to any remuneration for the uploading/storing of files, unless remuneration is agreed between the User and VexFile.
4.1 The User is, in general, not authorized to upload or store files and/or make files publicly available using VexFile's service that do not comply with these Ts&Cs and/or applicable law. The Uploader represents/guarantees that it possesses all required rights as owner or in the form of a utilization right to the files/content/information uploaded/stored by the Uploader to the extent such rights are required by these Ts&Cs. In addition, the Uploader represents/guarantees that the publishing, storing, editing and/or procuring of the files stored/uploaded by the Uploader does not infringe upon applicable laws, rights of third parties or these Ts&Cs.
4.2 Incompatible with these Ts&Cs are, in particular, files/content/information that contain malicious software of any kind, such as computer viruses, infringe upon patent, trademark or copyrights, i.e. intellectual property rights, that violate human dignity (by depicting dying or physically or mentally ill human beings), that have pornographic content, in particular depicting children or young persons and/or misuse of animals, that play-down violence, incite people, are racist, glorify violence and/or war, support terrorism, contain depictions that play-down violence, deny, play-down or even glorify national socialism, that obviously prevent or impair the development of children and/or young persons to become responsible personalities or to seriously jeopardize such development, that contain insults, libel or defamation, that contain private or personal data without consent of the affected individual or without statutory authorization, as well as any information that contains hate/slander/malice/contempt regarding parts of the population and/or groups and, as such, attack human dignity.
4.3 VexFile may block or delete files that infringe upon these Ts&Cs and/or applicable law, in whole or in part, without prior notice, if third parties inform VexFile of any such infringement or VexFile gains knowledge of such infringement by its own proactive measures or if courts and/or authorities inform VexFile of any such infringement and request that such files not be stored or published.
4.4 Should the User grossly or repeatedly violate these Ts&Cs and/or applicable laws, VexFile is authorized to block the User's access to VexFile's service, in part or in whole, or to extraordinarily terminate the User's agreement with VexFile in grave cases.
4.5 The User indemnifies VexFile from and against all claims of third parties that such third parties assert based on any violation of their rights by the User due to any infringements. In the event damages or expenditures incurred by VexFile or VexFile's advertising partners are asserted based on infringements upon or violations of these Ts&Cs by files/content/information of the User, the User is obligated to bear or reimburse such damages or expenditures, unless the User is not obligated to bear or reimburse such damages or expenditures.
4.6 VexFile will take measures to protect intellectual property rights or third party rights to the extent reasonable and feasible, in particular as precaution against infringements or to identify infringements in order to remove or prevent such infringements. Should the User be or become aware of the fact that its stored/uploaded files/content/information violate these Ts&Cs or applicable laws or third party intellectual property rights, the User will notify VexFile without undue delay of such hyperlinks that link to such files/content/information using a Takedown Notice. VexFile may block or delete access to such files/content/information and VexFile may integrate such files/content/information into its data filters.
5.1 These Ts&Cs do not obligate VexFile to pass on or provide an overview of the available/stored files under VexFile's service.
5.2 VexFile does not open and/or inspect the Users' stored files/content/information, unless VexFile is required to do so based on official or judicial orders. VexFile does not catalog the aforementioned files/content/information or list it in tables of content. VexFile does not provide a search function with which VexFile's service could be searched.
5.3 VexFile has no influence on which individuals or persons are downloading files/content/information stored/uploaded by a User, using VexFile's service for stored files/content/information. VexFile will not disclose to third parties the information under which Internet address files/content/information stored/uploaded by a User can be accessed using VexFile's service, unless VexFile is obligated to disclose such information based on statutory or official orders.
6.1 Should the User's stored/uploaded files/content/information violate applicable laws or these Ts&Cs, VexFile is authorized to refuse the storing/uploading of such files/content/information in advance or to store such files/content/information under a different link. This provision applies, in particular, to files/content/information that contains discriminating, violence glorifying, racist and copyright protected depictions, in such case VexFile is obligated or requested by third parties to block, delete or otherwise store such files/content/information.
6.2 VexFile is authorized to delete files/content/information stored/uploaded by a User who uses VexFile's service free of charge, if the volume provided to the User is exceeded or if the agreement is terminated, for example because the agreement term has expired or the agreement has been terminated or extraordinarily terminated.
6.3 VexFile expressly indicates that the User has no claim whatsoever to a perpetual and/or unlimited storage of its files/content/information. VexFile also informs the User that the technical environment is subject to change.
6.4 VexFile is authorized to delete files/content/information stored/uploaded by a User who uses VexFile's service against a service fee, if the storage volume provided to the User in its account is exceeded or if the agreement has been terminated or extraordinarily terminated.
7.1 General User Duties
7.1.1 The User undertakes to provide its data/information required for the conclusion of the agreement and/or utilization truthfully and completely. VexFile is to be notified in text form without undue delay, if such data/information has changed.
7.1.2 In addition, the User undertakes to ensure that the User regularly checks its e-mail inbox to ensure that the available storage volume is sufficient for incoming e-mails and that the User is able to immediately inspect the content of incoming e-mails. Furthermore, the User is obligated to ensure that only the User has access to the stated e-mail inbox and that only the User is authorized to send e-mails.
7.1.3 The User guarantees that the requirements for the flawless utilization of VexFile's services regarding hardware and software, as well as the connection to the Internet are met and available. The costs for the fulfillment of such requirements are solely borne by the User.
7.1.4 The utilization of VexFile's services i.e. VexFile's service by the User does not impair the provision of services by VexFile.
7.1.5 The User is responsible for taking precautions to secure its system. In addition, the User assures that regular back-ups of the files/content/information are made. The User applies software to provide protection against malicious software, such as computer viruses. VexFile is not liable or responsible for any damages caused by malicious software.
7.1.6 The User is obligated to notify VexFile in text form without undue delay in the event of any complaints regarding VexFile's services.
7.2 Duties of the User regarding Access Data
7.2.1 The application for membership requires the registration of the applicant; the User will be provided with the access data after such registration. The User guarantees that it will treat its access data confidentially and that it will not disclose such data to third parties. In addition, the User guarantees to protect such access data from any third party access.
7.2.2 In the event that there is reason for the assumption that third parties or unauthorized persons have gained knowledge or access to the User's access data, the User is obligated to notify VexFile of such circumstances without undue delay.
7.2.3 The User is not authorized to provide its access/account to a third party, in any case. Lease or sale is not permitted, in any case.
7.3 Amendments to the Agreement
7.3.1 VexFile may amend the registration agreement, including these Ts&Cs, at any time, provided such amendment is reasonable to the User.
7.3.2 VexFile will notify the User of the intent to amend the agreement at least eight weeks prior to such amendment entering into force. The User may object to such amendment to the agreement within a six week period after such amendment entered into force via letter, telefax or e-mail.
7.3.3 The amendment to the agreement becomes effective, if the objection to such amendment to the agreement is not properly received as to form and time and the amendment notice was properly provided to the User with reference to the User's right to object to such amendment to the agreement and further provided that such amendment to the agreement is reasonable.
7.3.4 The amendment to the agreement does not become effective, if the User properly objects to such amendment to the agreement or VexFile did not provide a proper amendment notice regarding the reference to the consequences of a failure to object. The above provision also applies, if the amendment to the agreement is unreasonable to the User. In the event of an ineffective amendment to the agreement, both parties may extraordinarily terminate the respective agreement as of the amendment date.
7.4 Transfer and Assignment of Agreements
7.4.1 VexFile may transfer all concluded agreements with all rights and duties connected to them to third parties. Such transfer of agreements relates to agreements that were concluded on the basis of these Ts&Cs.
7.4.2 VexFile will give notice of such transfer of agreement at least eight weeks prior to and including the effective date of such transfer. Such transfer of agreement notice will include a statement that the User may object to such transfer of agreement within a period of six weeks after the effective date of the transfer of agreement via letter, telefax or e-mail. The transfer of agreement does not become effective, if the objection to such transfer of agreement is properly received as to form and time or VexFile did not properly reference the legal consequences if the User fails to object to such transfer of agreement. In such event, each party to the agreement may extraordinarily terminate the agreement as of the transfer date. The transfer of agreement becomes effective, if the objection to such transfer of agreement is not properly received as to form and time and VexFile's transfer of agreement notice was properly provided to the User with reference to the legal consequences, if the User fails to object to such transfer of agreement.
Consent according to Data Protection Law
The User hereby expressly agrees that VexFile is also authorized to transfer personal data to a buyer in the event of the transfer of agreement. VexFile may refuse to accept a registration agreement, if the User does not provide its consent to such transfer of personal data. In addition, the User may revoke such consent in future. In such event, VexFile may extraordinarily terminate the agreement with immediate effect.
7.5 Termination of the Agreement
7.5.1 The registration agreement is, in general, concluded for an indefinite period. This provision does, however, not apply, if the agreement is concluded for a fixed term. If a fixed agreement term is not agreed between the parties, the User may terminate the agreement with a notice period of 14 calendar days to month’s end. The registration agreement ends with the expiry of the agreement term, if agreed. The right of both parties to extraordinary termination and termination for good cause, as well as VexFile's right to block the User's access remains unaffected, even if a fixed agreement term was agreed.
7.5.2In the event the agreement is terminated, VexFile is authorized to delete all of the User's data, including the deactivation of the User's profile, without prior notice, at any time. The statutory preservation and/or archiving obligations remain, however, unaffected therefrom. The User has no claim whatsoever to the return of its data after the termination of the agreement.
7.6 Blocking of Access
7.6.1 VexFile is, in general, authorized to block the User's access to the service in whole or in part. This applies, in particular, in the following cases:
In addition, VexFile is authorized to give the User a warning, if the User violates its contractual duties or other obligations. Such warning may have the consequence that VexFile blocks the User's access, in whole or in part, and/or extraordinarily terminates the agreement with the User. VexFile's right to claim damages for incurred losses or expenditures remains unaffected therefrom.
7.6.2Should VexFile became aware of facts that make misuse of the User's access data or a violation of these Ts&Cs apparent, VexFile may block the User's access entirely or temporarily, if required and reasonable. In such case, VexFile may demand and assert damages for all costs incurred in connection with all measures required to facilitate the prosecution of such misuse or for the prosecution of such violation of these Ts&Cs.
Advertising design and its presentation and publishing is the sole responsibility of VexFile at its own discretion. This applies, in particular, during the downloading period. The respective advertising form may also be selected by VexFile at its own discretion.
The data protection provisions, as well as the data privacy statement, are provided and published by VexFile at www.VexFile.com/privacy.
VexFile is not liable for expenditures or damages or recourse claims, in particular for damage claims for lost profits or reimbursement of consequential and indirect damages. VexFile's liability pursuant to mandatory statutory provisions remains unaffected therefrom.
A „User“ is defined as a natural person, who uses or has used VexFile services.
„Uploader“ ” is defined as a User, who uploads or has uploaded files to VexFile.