AirForShare is a file and text sharing service developed by BirdsCorp.com. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. We offer a free service (“AirForShare Free”) as well as a subscription-based services (“Premium/Premium Pro/Premiun Business”), including additional features and functionalities (together: the “Services”).
2. Description of Service
AirForShare is a file sharing service that lets users share files for others to preview or download. Free users get 5MB per file and 2 files max, registered users get 10MB per file and 5 files max. Premium users can upload files without limits.
A AirForShare user may upload any type of content to AirForShare (as long as it isn’t illegal, pornographic, or otherwise in violation of our rules).
2.2 Security and Deletion
When a user shares a file any person connected to the same network may access the file (due to the nature of this service and the way we indetify users - any user that has the same IP address can access the file). They will be able to view them as long as the files exist.
Users may delete files at any time. When a user deletes a folder or file, in some cases its link continues to exist for some time but no files will be listed.
AirForShare itself does not delete files unless they infringe on someone’s copyright, or if we are otherwise required to do so by law.
AirForShare offers a premium, paid service called Premium/Premium Pro/Premium Business. When you subscribe to AirForShare Premium, you agree to paying the monthly, or annual subscription fee for the plan you select. Payment is charged when you upgrade to AirForShare Premium.
We never store your credit card information on our servers. We use a third party vendor to process payments. This vendor may have access to your information for the sole purpose of processing payments but AirForShare will never store the information on its servers, nor is the information ever accessible by anyone at AirForShare.
Your AirForShare Plus subscription fee does not include taxes which will be deducted when you upgrade your account. AirForShare does not offer refunds.
In order to use our service, you must be thirteen years of age or older to use our service, regardless of whether you download or upload files. This is because our service may include the provision of materials which are restricted to minors. If your jurisdiction has a higher minimum age to share your information online, then you must be at least that age.
You must also be a natural person, though you may sign up, as a natural person, on behalf of a body corporate or other similar legal entity. If you register for an account on behalf of a third party, you must have the authority (such as general power of attorney or authorization from the executive authority for that third party) to bind it to this Agreement.
All of the information that you provide us, including your biographical data, contact information, and payment details, must be complete and accurate. You must create only one account unless you have received previous written authorization to the contrary from AirForShare, and that authorization has not been revoked.
By using our service, you warrant that you have met all of the above eligibility criteria, and that you will indemnify us for any breach of this warranty.
Our service is provided for free, on an as-is basis. We provide no assurances as to the reliability of our service, and although we strive to keep our service reliable, you should not treat it as such, especially if you are dependent on your files being available. You hereby waive us from any liability for any damage to persons, property, financial states, or other losses.
By using our service you understand that due to the nature of this service any data you share is available to anyone within your network including users you may not know. You agree to never share sensitive data like but not limited to: passwords, credit card numbers.
Without limiting the generality of the foregoing, you release AirForShare from any liability regarding:
- System outage, whether in whole or in part, and whether caused by a third party contractor such as our cloud computing provider, or caused by ourselves.
- Lost file links.
- Misdirected file links.
- Lost registration information.
- Failed e-mail, social media, or other methods of transmitting files.
- The viewing of material which you find offensive or inappropriate.
- Loss of business, revenue, or data.
- Any other damage, financial or otherwise, which you may incur.
6. Server Maintenance
AirForShare, its third party hosting provider, or any other party authorized by AirForShare may take action to maintain the servers provided by AirForShare. You agree that, without limiting the generality of any other provisions under this Agreement, AirForShare or authorized third parties are not liable in any way for such maintenance, nor any other server downtime or congestion which may affect the availability of files hosted at AirForShare.com.
7. Fair Usage Policy
AirForShare strives to make file sharing easy; to ensure our users can always get to their important files we have a fair usage policy that ensures the service is not abused by spammers, or misused in any way by a small number of users. AirForShare classifies the following activities as a breach of what we consider ‘Fair Use’.
- Sharing your personal account with others to store and access files.
- Unusual or out of the ordinary, abnormal use, for example, sending mass emails, spamming, hosting and sharing illegal and copyright content.
In addition to the above stated actions, we may see other practices as an indicator of fair use. AirForShare reserve the right to take unlawful, illegal, or abnormal account usage into consideration when determining fair use.
Users found violating the Fair Use policy may have their accounts suspended, or terminated, with no claim to any refund. Where reasonable, AirForShare will notify users before account suspension or termination.
8. Rules of Conduct
When using our site, you agree that you will not:
- Violate any provision of law applicable in the State of California or the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, you, AirForShare, or the website or service that we provide.
- Upload any unlawful files.
- Upload files which infringe or are alleged to infringe on anyone’s intellectual property rights, if such allegations are reasonable.
- Upload files which any party alleges are unlawful, if such allegations are reasonable.
- Upload files which, the possession, creation, or distribution of which constitutes an unlawful act, or which depict an unlawful act.
- Upload any material that is pornographic; provides instructions, aid, or otherwise facilitates illegal activities such as piracy, hacking, building explosives, or obtaining drugs; aids or abets unlawful activities; is considered a hate crime; is a violation of anyone’s privacy, whether legally or otherwise; or is a malicious file, such as viruses, malware, spyware, worms, or Trojans.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Reverse or attempt to reverse engineer our code, regardless of whether your intent is to recreate our code or simply use your access to our service to copy the operations of our service by using a similar algorithm.
- Run any bots to aggregate our content, including but not limited to our files or file descriptions.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Defraud, mislead, or otherwise act dishonestly.
- Otherwise act in a manner which, at AirForShare’s sole discretion, is objectionable, or which may bring AirForShare into disrepute.
Violation of these or any other provisions of our Agreement may result in the immediate termination of your account and/or the removal of any infringing files. We are not responsible for any loss which may result from such termination and/or removal.
You are free to stop using AirForShare any time. We reserve the right to terminate your account if it is being used in violation of our terms or service or in a manner that would make us legally liable, cause disruption to the service or to other users of the service, or for any other reason at our discretion.
With the exception of AirForShare Plus and AirForShare Business users, we reserve the right to suspend and/or terminate your account if it has been inactive for 12 consecutive months. You will be notified about the termination in advance via the email associated with your AirForShare account.
10. AirForShare’s Copyright & Trademark
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, copying content (whether or not we own the full rights to it, as copying it still harms our network capacity), and copying file descriptions. The obvious exception to this is that you may download files provided by another user if it is lawful to do so.
Additionally, “AirForShare” is a trademark used by us, AirForShare, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
11. Your Copyright
AirForShare does not require that you transfer any ownership of your file’s copyright to us. However, AirForShare is a file sharing service. Because of this, we must ensure that all content uploaded to us may be used legally by us without having to remove it at a later date due to a revocation of license by the uploading user, or a copyright complaint by the rightful owner. Therefore, by uploading any content to our site, you agree that you grant us a universal, perpetual, sublicensable, commercial and non-commercial, conditionally revocable license to use such content, and that you represent to us that you have the right to grant such a license. The condition on the revocability of this license is that in order to revoke, you must follow AirForShare’s procedures to delete your file from our servers, and allow for a reasonable period of time for AirForShare’s servers to remove it. You agree to indemnify us as well as any third party affected by your wrongful representations if you should represent falsely that you have the right to grant this license.
Please note that this license is used solely to give AirForShare the right to host material; we do not actively control what material appears on our website and are not liable for any infringement by our third party users. Individuals alleging copyright infringement by a user may use our DMCA provisions described below.
12. File and Data Storage
AirForShare main purpose is to transfer files and text, it is not aimed to store anything. AirForShare does, however, reserve the right to establish deadlines, including deadlines established ex post facto in relation to an uploaded file, which permit us to delete the file sooner, or deny a user the ability to upload a file in the first place.
AirForShare may also delete files for legal reasons, without providing notice or a right of redress, including but not limited to cases involving alleged copyright infringement. We may engage in such deletions regardless of whether we have received a valid notice (such as a DMCA notice) where we believe that a prima facie case has been established for whatever legal wrong complained about.
You hereby waive AirForShare from any liability in regards to the deletion of files or the inability to upload files.
13. Revocation of Consent
Where AirForShare has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
14. DMCA Notices
AirForShare does not screen content, whether before or after it is uploaded, and is not liable under United States law for intellectual property infringement arising from third party users’ activities. However, we take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at email@example.com.
As the notification will be sent by e-mail, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
15. Editorial Functions
AirForShare is protected against any actions for defamation, as well as certain other causes of action, caused by the provision of files by third party users through our service.
If individuals are able to download or view files which you believe are defamatory or otherwise unlawful, we request that you notify us with details sufficient to establish that the material is unlawful, and where the material is located, by e-mailing us at .
Please note that AirForShare has no obligation to comply with such requests, and may choose not to investigate such requests or, if we do investigate, to decide not to exercise our editorial rights as the owner of AirForShare.com.
To ensure the highest likelihood that we will comply with your request, we recommend that you provide us with a declaration or injunction from a court (whether against us or a third party) declaring specific material to be unlawful, and describing its location and nature in as much detail as possible. In order to respect the right to free speech, we require that the court be located in the United States, or that we believe that the words complained of in such a declaration or injunction would be unlawful if heard by a United States court. Nothing in this paragraph should be construed as a promise to respond to such court orders or a waiver of our legal protection against third party speech, and we take these measures solely on a voluntary basis to maintain the quality of our website.
In addition to the above, AirForShare may at any time decide, on its own volition or at the request of some other party, to delete, edit, modify, or otherwise alter the existence of a file on AirForShare.com. You acknowledge and agree that this imposes no further editorial liabilities upon us and does not remove any defences, excuses, or privileges under any applicable statutes or the common law. AirForShare does not exercise any active control or monitoring over users’ files.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU ACKNOWLEDGE THAT THE FILES ON OUR WEBSITE ARE PROVIDED BY THIRD PARTIES AND THAT WE HAVE NO CONTROL OVER THE LIABILITY OF THAT INFORMATION. AS SUCH, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE FILES ON OUR WEBSITE, EVEN IF WE BECOME AWARE THAT IT MAY BE MALICIOUS OR OTHERWISE UNRELIABLE AND CONTINUE TO MAKE IT AVAILABLE.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE USE OF OUR SERVICE BY YOURSELF OR OUR OTHER USERS. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY THIRD PARTY GOODS OR SERVICES (INCLUDING THOSE OF USERS), INCLUDING INJURY TO PERSONS OR PROPERTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
You agree that this indemnity includes imposing a liability upon you for any activities carried out using your account, regardless of the cause, unless a party acting on behalf of AirForShare (such as an employee or director) is the individual who used your account and incurred liability as a consequence. In other words, without limiting the generality of the foregoing, if your account is misused in any way by anybody other than AirForShare, you agree to be responsible for the damages incurred to any party.
18. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
19. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against AirForShare, Inc., you agree that any dispute naming AirForShare, Inc. or a party acting for or on behalf of AirForShare, Inc. arising from or relating to this Agreement will be heard before a court in the State of California.
Specifically, where the subject matter so permits, the court having the lowest maximum jurisdiction over damages shall be used to hear the matter, even if you might otherwise be entitled to more damages in another court. For example, if you are a natural person and your claim is for less than $7,500, you will bring the action in California’s small claims court. You agree that you will waive any additional damages to which you are entitled and bring the claim in the lower court. If you are a natural person, your claim is for more than $7,500, and it concerns subject matter which, if worth less than $7,500, could be heard by California’s small claims system, you will only sue in the small claims court, for up to $7,500, regardless of what you would otherwise be entitled to.
You agree that, in the event that you are ineligible to bring a claim in California’s small claims through no fault of our own, by reason of your having more than two $2,500 claims within the same calendar year, you will be required to indemnify us for the difference in attorneys’ fees, court costs, and disbursements that we may incur as a result of defending the action in a less summary court. You agree that, prior to commencing such an action, you will notify us to give us enough time to consult a licensed attorney, and will provide the attorney of our choice with the estimated amount which constitutes the increase in attorneys’ fees, disbursements, and costs, the remainder of which, if any, will be returned to you at the end of the action and all possible appeals, or which shall be added to by you should it be insufficient to compensate us for the difference.
If you bring a dispute in a manner other than in accordance with this Agreement, such as by suing us in another country or state or in a higher court in California, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, AirForShare shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Please report any violations of this Agreement or other unlawful acts or abuse, including but not limited to prohibited content, to firstname.lastname@example.org.
Last Modified: Oct 31, 2017