These Terms of Service are an agreement between you and P.O.S.A regarding your use of the P.O.S.A Service. P.O.S.A provides the Service subject to these Terms of Service. These Terms of Service may be revised from time to time. By using the Service, you agree to be bound and to abide by the most recent version of these Terms of Service. The Terms of Service were last updated on 01st day of May, year 2019.
Some P.O.S.A services and accounts have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a service or account, we will make them available for you to read through your use of that service or account. By using the services or account, you agree to be bound and to abide by the most recent version of Additional Terms.
As used in these Terms of Service, "P.O.S.A" means P.O.S.A Video Network, and "user" means any user of the P.O.S.A Service, including but not limited to any "Affiliate". We explain these terms in more detail below.
The P.O.S.A Service
P.O.S.A offers access to the full components of the Service free of charge. In addition, P.O.S.A provides certain support services to Affiliates. P.O.S.A may change the Service at any time, with or without notice. Changes may result in the addition, elimination, or modification of any feature of the Service. P.O.S.A may also stop providing the Service at any time.
You understand and agree that the Service is provided to you on an "as is" and "as available" basis. You understand and agree that P.O.S.A will have no liability for the availability, timeliness, or reliability of the Service.
Conditions On Use of the Service
P.O.S.A grants you permission to access and use the Service as set forth in these Terms of Service, and in exchange you agree as follows:
You will not use the Service for any illegal purpose, in any manner that is illegal, or in any other manner that could damage, disable, overburden or impair the Service;
You will not defeat or interfere with any security feature of the Service;
You will not alter or modify any content uploaded or stored using the Service, other than content you have uploaded;
You will not use any automated system, software, or device to index, compile, collect or copy any content residing on servers used by the Service;
You will not collect or harvest any personally identifiable information, including without limitation account names or e-mail addresses, from the Service; and
You will not upload, store, share links to, or make available through the Service any material that contains software viruses or any other computer code designed to interfere with the functioning of any computer software or hardware or telecommunications equipment.
You understand and agree that P.O.S.A may immediately terminate the account of, or suspend or terminate access to the Service by, a user that violates any of these prohibitions.
Your Use of the Service
You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content.
You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person.
You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account.
You agree that you will not use the Service or the Site to post, transmit, or share User Content that is any of the following:
invasive of the privacy of another person
graphically violent or likely to incite imminent violence
advocating or promoting terrorism
offering or facilitating illegal sales of weapons
physically threatening or intimidating
intended for any illegal purpose
By uploading, storing, or sharing User Content, you promise that it does not fall into any of these prohibited categories. You understand and agree that P.O.S.A may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions.
You agree that you will comply with all applicable terms, conditions, and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service.
You understand that P.O.S.A does not promise that User Content you upload, store, or share using the Service will be maintained by P.O.S.A. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that P.O.S.A has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. P.O.S.A retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads, and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
Registration and Account Information
As part of the P.O.S.A Service, you may choose to register with P.O.S.A. To register, you must submit a valid e-mail address and create a user name and password.
Registering allows you to upload using your account, and to delete uploads without having to save the deletion links generated for each upload. Registered users have access to our file manager feature, which allows you to organize your files into folders, and generate links to folders that contain multiple files. Registered users also have access to other special features of the Service, such as our FTP uploading and remote uploading.
You will be required to register with P.O.S.A in order to become an Affiliate. To become an Affiliate, you will also need to provide information necessary to permit P.O.S.A to deliver payments to you. Your e-mail address will be provided to P.O.S.A, which will send a user name and password to your e-mail address. (You can change the password later, if you want.)
You promise that the information you provide in registering with P.O.S.A or signing up as an Affiliate will be accurate and complete. You agree to update that information as necessary to ensure that it remains accurate and complete at all times.
If you register, you will have an account with P.O.S.A. As a user, your account will provide you with information regarding your use of the Service, and with the access to special features of the Service (as mentioned above). As an Affiliate, your account will provide you with access to information concerning your Affiliate activities. In particular, Affiliates have access to statistics regarding the number of downloads of their files, and the earnings resulting from their participation in our Affiliate program. Affiliates who have referred other Affiliates to the Service have access to a list of referred Affiliates (usernames only), and the funds earned from referred Affiliates. You will also have the ability to revise your account information (specifically, your user name, e-mail, and payment information).
You understand that permitting others to have access to your P.O.S.A account may result in the disclosure of your personal information, and of information provided to you by P.O.S.A. It may also result in another person having the ability to alter your account information. This could result, for example, in the unauthorized use of your account for uploading, storing, or sharing content, or in the redirection of payments.
You therefore agree that you will keep the information used to access your P.O.S.A account confidential. You understand and agree that you will be responsible for any and all consequences of your disclosure of the information used to access your P.O.S.A account, and that P.O.S.A will have no liability for such consequences. You also agree that any disclosure of the information used to access your P.O.S.A account to any third party, without the express, written consent of P.O.S.A, may result in the suspension or termination of your account and of your access to the Service, with or without notice.
You promise to notify P.O.S.A immediately in the event of any disclosure to a third party of the information used to access your P.O.S.A account, of any unauthorized use of your account, or if you become aware of circumstances indicating any unauthorized use of your account. You may provide notice by sending an e-mail to abuse@P.O.S.A.to. P.O.S.A does not allow multiple accounts for one user. You agree not to register multiple accounts as a single user. You understand and agree that if P.O.S.A determines that a single user has multiple accounts, those accounts may be terminated.
Rights to Content, Software and Other Materials
Except for User Content, all content and components of the Service, including without limitation, the software, graphics, interactive features, trademarks, service marks, logos, and other content ("P.O.S.A Materials") are owned by or licensed to P.O.S.A. P.O.S.A reserves all rights to the P.O.S.A Materials not expressly granted to you by these Terms of Service.
You may access and use the P.O.S.A Materials as necessary to upload, store, or provide links to your User Content. You may not otherwise use, reproduce, distribute, or display any P.O.S.A Materials. You may not alter or modify any P.O.S.A Materials.
By uploading, storing, or providing links to any file using the P.O.S.A Service, you give P.O.S.A permission to maintain that file on servers used by the Service, to permit access to the file to anyone using a link to it, and to make copies of the file as P.O.S.A deems necessary to facilitate the Service. You retain any and all other rights to your User Content. P.O.S.A will not reproduce, distribute, display or exploit any User Content except at your direction as part of the Service, or as P.O.S.A otherwise deems necessary to comply with any legal obligation.
Objectionable or Inappropriate Content
P.O.S.A will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, P.O.S.A may review any such content, and P.O.S.A reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content.
P.O.S.A does not endorse or support any User Content. P.O.S.A does not guarantee the accuracy or reliability of any User Content. P.O.S.A does not guarantee that User Content does not infringe third party rights, including intellectual property rights. P.O.S.A does not guarantee that User Content will not be harmful or offensive. P.O.S.A does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk.
If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform P.O.S.A. If you believe that User Content violates copyright or trademark law, please submit a notice in accordance with P.O.S.A's Intellectual Property and Rights Policy. If you believe that User Content is otherwise objectionable, send it by e-mail to abuse@P.O.S.A.to providing the pertinent documentation as stated at our dmca page.
P.O.S.A may remove or disable access to the User Content if, in P.O.S.A's judgment, it is appropriate to do so. However, please understand that deciding whether User Content is objectionable often requires the exercise of judgment, and that P.O.S.A is not legally responsible for content that it does not originate.
P.O.S.A reserves the right to access, review, preserve, and disclose any User Content, as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce these Terms of Service; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of P.O.S.A, its users and the public. You agree that P.O.S.A will not be liable for exercising or failing to exercise any of these rights.
Advertising served by P.O.S.A itself or by P.O.S.A in cooperation with a third party ("P.O.S.A Advertising") may appear on the P.O.S.A website or in communications sent by P.O.S.A. You understand and agree that all revenue resulting from P.O.S.A Advertising will be paid exclusively to P.O.S.A, and that you have no right to or interest in any such revenue.
You understand that P.O.S.A is not responsible for the textual, visual, or technological features or the content of advertisements that appear on the P.O.S.A website or in P.O.S.A communications, other than advertisements created and served directly by P.O.S.A (if any). By using the Service, you agree that P.O.S.A will not be liable for any P.O.S.A Advertising that it does not create and serve.
Limitation of Warranties or Guarantees and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. P.O.S.A 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. P.O.S.A DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE.
In particular, and without limitation, P.O.S.A gives no warranty or guarantee that: (1) the Service will meet your requirements; (2) the Service will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Service will be accurate or reliable; (4) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; (5) any errors in the components or contents of the Service will be corrected; or (6) that the Service is free of viruses or other harmful components.
YOU UNDERSTAND AND AGREE THAT P.O.S.A WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTEREST OR APPRECIATION, LOSS OF GOODWILL, OR HARM TO REPUTATION, OR FOR ANY INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY DATA UPLOADED, STORED OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER OR NOT P.O.S.A HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, YOU UNDERSTAND AND AGREE THAT THE MAXIMUM LIABILITY OF P.O.S.A ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO P.O.S.A, OR OWED BY P.O.S.A TO YOU, PURSUANT TO THESE TERMS OF SERVICE AND THE OTHER TERMS AND CONDITIONS THEY INCORPORATE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations on liability and damages set forth above may not apply to you.
You agree to hold harmless and indemnify P.O.S.A, and its affiliates, officers, directors, employees, agents, and affiliates, from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, or other liabilities of any kind. P.O.S.A will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of P.O.S.A to provide such notice will not relieve you of these obligations.
General Terms and Conditions
Choice of Law. The agreement created by these Terms of Service, and any dispute arising from or relating to these Terms of Service or the provision or use of the Service, will be governed by the laws of the State of California and the United States of America, without giving effect to their conflict of laws provisions.
Arbitration. The parties agree to submit to binding arbitration any action, proceeding, claim or counterclaim brought by either of the parties against the other arising out of or related to these terms of service or the provision or use of the service ("Claim").
THE PARTIES EXPRESSLY WAIVE THE RIGHT TO PROCEED IN ANY COURT OR OTHER GOVERNMENT TRIBUNAL AND THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY CLAIM. The arbitration will be conducted in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL Rules") in effect at the time of the arbitration. In the event of any conflict between this Agreement and the UNCITRAL Rules, this Agreement will control. There will be a single arbitrator.
The arbitrator will be selected as follows: (1) each party will propose three potential arbitrators; (2) the parties will confer with each other in a good faith effort to agree on an arbitrator selected from one or both of the parties' lists; (3) if an arbitrator is not selected by the parties within thirty days, the International Centre for Dispute Resolution ("ICDR") shall make the selection from its list of available neutrals. The language of the mediation and any arbitration will be English. The award in any arbitration shall be rendered within twelve months of the commencement of the arbitration, unless the parties agree to a longer period of time for the arbitration. The parties will, at a minimum, exchange all documents upon which they intend to rely in the arbitration, within sixty days of commencement of the arbitration.
The arbitrator will have the power to require either party to provide the other with additional documents, as reasonably necessary for either party to assert its claims or defenses in the arbitration. The arbitrator will award costs and expenses, including reasonable attorneys' fees, to the prevailing party, if any.
Prior to any award of costs and expenses by the arbitrator, all costs and expenses of the arbitrator or of the ICDR shall be borne by the parties equally, and each party shall bear the costs and expenses (including of its own counsel, experts and witnesses) involved in preparing and presenting its case.
Limitation on Untimely Claims Against P.O.S.A. Any claim based on the provision of, access or denial of access to, or suspension or termination of the Service or of any account offered by P.O.S.A must be given within twelve months from the occurrence of the events on which the claim is based.
You understand and agree that, by using the Service, you waive any claim notice of which is not provided in accordance with these Terms of Service, to the maximum extent permitted by the law. No Waiver. The failure or inability of P.O.S.A to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. The failure or inability of P.O.S.A to take action to address any violation of these Terms of Service will not deprive P.O.S.A of the right to take measures to address any subsequent or similar violations.
Relationship of P.O.S.A and its Users. P.O.S.A and its users are independent contractors. Neither the provision or use of the Service nor these Terms of Service create any other legal relationship.
Assignment. P.O.S.A may assign its rights and obligations under these Terms of Service to any third party that acquires an interest in P.O.S.A, and may delegate obligations under these Terms of Service to third parties retained by P.O.S.A. No user may transfer or assign any rights or duties under these Terms of Service to any other person or entity, and any purported transfer or assignment of such rights or duties shall be void.
Severability. If any provision of these Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and all other provisions of these Terms of Service will remain in effect.
Non-Competition. By access or using the Service, you represent that you are not a competitor of P.O.S.A, and you promise to not use the information received through the use of the Service for the purpose of competing with P.O.S.A.
From time to time, we may change these Affiliate Terms. If we change these Terms of Service, we will inform you by posting the revised TOS on the P.O.S.A Service. Those changes will go into effect on the Revision Date shown in the revised TOS. By continuing to use the P.O.S.A Service, you agree to the revised TOS