Terms and conditions

These Terms of Service set forth the terms and conditions upon which Loomnit makes available, at no charge, its file sharing services. Your use of the services is expressly conditioned on your compliance with these Terms of Service. By clicking accessing or using the services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that Loomnit may revise these Terms of Service at any time. By continuing to access or use the services after Loomnit makes any such revision, you agree to be bound by the revised Terms of Service.

Description of Services

Loomnit's service provides users with the ability to upload content via HTTP-Protocol and receive a custom public URL address to view or download the file from Loomnit's hosting servers. This address can be shared by the user freely and can be used to download the file a reasonable number of times. The content expires after 14 days from date of creation at which point it becomes inaccessible to the public and is removed from Loomnit's servers.

Content Availability

Loomnit does not guarantee the quality or reliability of its services. Once a file has been uploaded to Loomnit's servers, access to the file cannot be disabled before its designated expiration date. Loomnit reserves the right to remove any files at any time without notice.

Privacy Policy

Loomnit respects the privacy of its users and follows the privacy guidelines defined in our Privacy Policy.

Prohibited Use

As a condition of your use of Loomnit's services, you agree not to:

    * Upload or transmit any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    * Access, tamper with, or use any non-public areas of the Loomnit's systems or said system's providers;
    * Attempt to probe, scan, or test the vulnerability of the Loomnit's systems or any related system or network or breach any privacy, security or authentication measures;
    * 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 Loomnit's systems or providers; or
    * Impersonate or misrepresent your affiliation with any person or entity.

Loomnit will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Loomnit may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Loomnit has no obligation to monitor your access to or use of the Loomnit's services, but has the right to do so for the purpose of operating Loomnit's, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Warranties

THE SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOOMNIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LOOMNIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT LOOMNIT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.

Disclaimers

Loomnit is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, Loomnit assumes no responsibility for:

    * any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications;
    * the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content.
    * problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
    * injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site;

Under no circumstances will Loomnit be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND Loomnit DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Indemnity

You agree to defend, indemnify, and hold harmless Loomnit, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, 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.

Limitation of Liability

Loomnit TAKES NO RESPONSIBILITY FOR THE CONTENT OF ITS USERS FILES. IN NO EVENT WILL Loomnit BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Loomnit HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


IN NO EVENT WILL Loomnit'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE US DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Loomnit AND YOU.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability

In 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.

Waiver

The failure of Loomnit to enforce any right or provision of these Terms of Service will not be deemed a wavier of such right or provision.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Loomnit and you regarding Loomnit's services, and these Terms of Service supersede and replace any prior agreements between Loomnit and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Loomnit services, affiliate services or third-party content software or services.