To make sure we know exactly what to expect from each other, Filepurch has written down the
conditions that apply whenever it provides services to its users. By using the website or file selling
and transferring service you agree to be bound by these terms of service, the notice and take down
We hope this helps you to get a good understanding of what we offer you, what you can expect from us and what we expect from you.
Version: 6 May 2015
You have read and understand:
You have read and understand: In simple speak:
Service Filepurch provides You with the infrastructure and facilities to sell and transfer up to 2 gigabytes of data or an unlimited number of digital files ("File" or "Files") to others and/or themselves over the internet via our Website. Our basic Service is not completely free. We add a 5% + $0,30 service fee to the price of the digital good(s) for every transaction, in the case of a seller with a SEPA bank account or Paypal account. We add a 5% + $2,50 service fee to the price of the digital good(s), in the case of a seller with a bank account outside of the SEPA area. Special features and functionalities are available at a charge, such as Filepurch Premium and Business. You can use our service for free, to sell and transfer up to 2 GB per transfer. If you want special functionalities, you can pay to get a Filepurch Premium or Business account.
You have read and understand:
Service (cont.) Filepurch transfers all kinds of Files. All File transfers between You and the designated recipient(s) ("Recipient" or "Recipients") are treated confidentially. Filepurch does not check or open the type or content of Files being sent, nor does it offer a search function, catalogue or listing to find Files that are available for transfer. Filepurch can however view the names and types of Files that have been
sent, but will only access this information if Your (technical) support request necessitated this or to predict and detect files that we do not want on our platform. Simple translation We treat your stuff with respect. We don't let anyone search for anything on the website, and we only check transfers if you send us a support request. Uploaded Files are stored on Filepurch’s servers for a period of 1, 3, 7, 14 days or, if transferred through Filepurch Channels, for a period of 28 days. After this period Files are permanently deleted to make room for new transfers. Each File can be sent to up to a unlimited amount of people per transfer, though each email is sent separately to each individual Recipient. When You have successfully uploaded Your preferred Files, both You and the Recipient receive an email with purchase details. After the client has purchased the file, the Recipient receives an email with the download details. The seller receives a notification mail, which tells the seller that the file has been purchased.
Simple translation If you upload something, it will be available for a limited amount of time. After this period, Filepurch transfers are deleted. Once deleted, they're gone. You can send a Filepurch transfer to a unlimited amount of people at once. You have read and understand:
Registration on Behalf of Principal In the event you create an Account as an agent acting on behalf of a business, employer or third party because, you represent and warrant that you have the authority to do so (e.g., you are an authorized employee or agent (collectively, the "Agent") of such business, employer or third party (collectively, the "Principal"). In creating an Account on behalf of a Principal, you (as Agent) agree to provide such Principal’s full legal name and any applicable fictitious business name(s) (including the proper trade names or "doing business as" names). In all such cases where an Agent creates and/or uses an Account for the Principal, the Agent agrees and acknowledges that he/she undertakes all such activities on behalf of the Principal, and that the Principal shall be the party to this Agreement for all purposes, regardless of whether the Agent had the proper authority to create the Account, maintained the Account, and/or transferred the Account to another Agent. Accordingly, only the Principal is entitled to any rights, remedies or benefits under this Agreement and only the Principal may control or direct the Account and all information related thereto; the Agent does not acquire or retain any personal rights with respect to such Account. The Principal is likewise subject to all of the covenants, restrictions, limitations, representations, warranties, waivers and releases included in this Agreement.
You have read and understand:
Ultimately, the Principal is responsible for all activities that occur under the Account, including, but not limited to, Account and password management, and neither Principal nor Agent will agree to sell, transfer or assign the Account or any Account related rights without the express written consent of Filepurch. You are also responsible for maintaining the privacy and security of your network settings and systems to ensure that all sensitive or confidential information originating from your systems is properly transmitted and handled.
You have read and understand:
Supplier Balance Redemption For a Filepurch Premium or Business Account with a Balance exceeding $20.00 USD, you may redeem the Balance (each, a "Redemption") not more than once per month period for all sales completed up to a week prior to the payment date (each, a "Supplier Pay Period"). The Supplier Pay Period ends at 11:59:59pm Central European Time every other Friday, as determined solely by the date-/timestamp of Filepurch's system. You may access information regarding your next Redemption on your balance page. In most cases, a deposit initiated by a Redemption may take up to five business days to reach your bank account; provided, however, that Redemption payments may be temporarily delayed or withheld in by Filepurch in certain cases. You have read and understand: Taxes The purpose of this section is to highlight some of the more important taxation issues that you will need to consider if you are using our platform. You agree to be solely responsible and liable for the proper administration, imposition, collection, reporting, and remitting of all applicable taxes. We emphasise that this information is not intended and should not be used as legal advice. If you are unsure as to your tax responsibilities then you should seek advice from experts on this subject.
You have read and understand:
Direct Taxation It is your personal responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax. This is particularly relevant for users who are operating as a business.
You have read and understand:
Value Added Tax (VAT) If you are a seller of physical goods and have buyers outside of the United States you may be required to charge VAT on the sales you make. If you are not sure if this applies to you please contact your tax advisor or your local tax office. If you are required to charge VAT on your sales then you are responsible for paying the VAT to the relevant tax authorities in accordance with the appropriate laws and regulations of that territory. With respect to sales of applicable Digital Goods made to European Union consumers, Filepurch will, collect, report, and remit Value Added Tax governing "telecommunications, broadcasting, and electronic services" in accordance with the applicable European European Commission VAT regulations.
You have read and understand:
Conversion. Filepurch will calculate and render a converted exchange rate in United States Dollar (USD or Euros, depending on your choice), regardless of whether you listed the Retail Price of your Digital Good or Physical Product in a currency other than USD. All transactions, regardless of Digital Good, Physical Product, or listed currency will settle in USD, and, accordingly, your Balance will be denominated and redeemable only in USD. Filepurch cannot and does not guarantee the accuracy of the exchange rates displayed due to the fluctuating nature of market rates. Accordingly, Filepurch recommends that you confirm current rates before engaging in any transactions on the Platform.
You have read and understand:
Notification email Filepurch provides different kinds of notification emails to users of the Service. An email is sent to the email address You have provided as Your email address to confirm successful upload of the Files. This Filepurch transfer confirmation email contains: - the email addresses of the Recipients; - the name, extension and size of the File; - a direct link to purchase a copy of the File yourself; - the date that the File will be deleted, in other words the period in which the File is available for You to purchase (as many times as You wish); The Recipient will receive a notification email from Filepurch. This email contains: - a purchase button that leads to the location within the Website where the Recipient can directly and securely purchase and download the File; - the email address of the sender; - the name, extension, price, details and size of the File; - the date that the File will be deleted, in other words the period in which the File is available for the Recipient to download.
Simple translation We send you emails when you upload stuff, when there's a purchase waiting for you, when your uploaded transfer is about to expire, and when the recipient has purchased and downloaded your transfer successfully. You have read and understand:
Notification email (cont.) You will receive an expiry reminder email on the email address You have provided as Your email address two days and 1 day before the Filepurch transfer expires. This expiry reminder email contains: - the email address of the Recipient; - the name, extension, price, details and size of the File; - a direct link to extend Your available Filepurch transfer period by registering for a Filepurch Premium or Business account. This email is sent once per 30 days at most, regardless if the Recipient purchased or downloaded the transfer or not. It is possible to unsubscribe from this expiry reminder email by clicking the unsubscribe link in the email. You will receive a purchase and download confirmation email when a Recipient has successfully purchased and downloaded your Files for the first time. This download confirmation email contains: - the name, extension, price, details and size of the File; - the date that the File will be deleted, in other words the period in which the File is available for the Recipient to purchase or download; - a direct link to purchase a copy of the File yourself; - if used, a direct link to the subdomain on Filepurch.com that was used to send the File from. File transfer Filepurch provides the technically necessary facilities to transfer Your File. Filepurch does not claim any ownership of the Files You sell and transfer through our Service. You are fully and solely responsible for the Files You wish to transfer through our Service. By using our Service You acknowledge and agree that Filepurch is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File.
Simple translation You're responsible for your files. We don’t claim any ownership of your files. We don't take any responsibility for any failure. You have read and understand:
Permissions By using our Service You guarantee that You have, for each File, all required permissions, including from copyright and other intellectual property rights holders, to distribute, sell, transfer, store and make available online and for purchase or download as part of our Service.
Simple translation You can only sell and transfer files if they're yours, or if you have the permission from the owner to do so.
Ads and links The advertisements, including photography, graphic design, typography, portraits and logos, as well as trademarks, service marks and trade names are the intellectual property of their rights holders, such as the advertisers and/or third parties. You are not allowed to copy, reproduce, make available online to the public, sell or reuse the advertisements or part of the advertisements in any way without the permission of the rights holder. Filepurch is not responsible or liable for (i) the contents of advertisements, (ii) in-ad links to advertisers or third party websites or (iii) the contents, products or services offered on advertisers or third party websites. You accept that all use outside the Website is at Your own risk.
Simple translation Don't steal other people's advertisements. We're not responsible for the contents of ads, the links in the ads or the stuff on websites we link to. You have read and understand:
Not allowed Filepurch respects Your rights and demands that You respect those of Filepurch, its advertisers and third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights of others. As a condition to make use of the Service You agree not to sell and transfer any Files that: - feature child pornography; - promote racism, violence or hatred; - are false or misleading; - You don’t have the right to copy and/or transfer; - infringe on intellectual property rights; - violates privacy rights, including data protection rights; - infringe on or violate any applicable law or regulation. In addition, You agree not to: - impersonate or pretend affiliation with any person or entity; - access any non-public area's of our Website or Service; - send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; - attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security or authentication, unless You do so in accordance with our Responsible Disclosure Policy.
Simple translation Be excellent to each other, don't sell or transfer illegal stuff or stuff that isn't yours.
Return and Refund Policy Filepurch, in its sole and absolute discretion, will allow for a refund of the Retail Price of any File purchased using the Platform within 60 days from the Buyer’s date of purchase for any of the following reasons: - If the File violated the conditions to make use of the Service - If the transaction for the File is proven to be fraudulent or unauthorized; - In order for Filepurch to comply with applicable industry or other contractual requirements (i.e. credit card industry, ACH, PayPal, Stripe, Zengin), applicable laws and regulations, and or requests from law enforcement or judiciary bodies; or - For any reason Filepurch deems appropriate. Upon issuance of a refund, the full value of the refund will be debited against your Balance. Due to the nature of Files, when a Buyer requests a refund for a File, the Buyer may retain a copy of the Digital Good and, in many cases, will already have received a benefit from the File prior to issuance of the refund. In such cases, Filepurch, in its sole and absolute discretion, may issue a refund for less than the full Retail Price of such File. It is the Buyer’s sole responsibility to appropriately handle, remove or destroy any File that may cause Buyer to: (i) incur additional liability, including, but not limited to, criminal and/or civil liability; or (ii) experience additional adverse effects, including, but not limited to, potential privacy, security, or technical vulnerabilities.
You have read and understand:
Not allowed (cont.) Filepurch reserves the right to investigate and/or remove, without warning, any Files from its servers or block You from accessing the Website or Service, when Filepurch finds, at their own discretion or after receiving substantiated and valid complaints, that You violate these Terms (including the Privacy and/or NTD Policy) or act in violation of any applicable law or regulation. Filepurch reserves the right to disclose Files in so far necessary (i) to defend itself in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defense, public security or public health and v) to uphold our Terms.
Disclaimer Filepurch provides its Service "AS-IS", without warranty of any kind. Without limiting the foregoing, Filepurch explicitly disclaims any warranties of merchantability, fitness for a particular purpose and noninfringement. Filepurch makes no warranty that the Service is available on an uninterrupted, secure or error free basis. Your use of the Service is at Your own risk. You acknowledge and agree that Filepurch is not responsible for any damages to Your computer system or the computer system of any third party that result from use of the Service.
Simple translation We try our best to offer the best service. If anything goes wrong, we’ll work extra hard to fix it. You have read and understand:
Indemnity and Liability You will defend, indemnify and hold harmless Filepurch, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Service or Your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Filepurch.com for the intentional and/or deliberate recklessness of Filepurch.com themselves ("their own acts") and or the management of Filepurch.com. In no event will Filepurch be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Filepurch has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Filepurch.com will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Filepurch.com is liable for damage under mandatory law, Filepurch’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.
Simple translation If we do something wrong we'll fix it, if you do something wrong it's down to you. You have read and understand: In simple speak:
Controlling Law and Jurisdiction These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of the Netherlands. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Rotterdam, the Netherlands, unless stipulated otherwise by mandatory Dutch or international laws. You waive any objection to jurisdiction and venue in the courts of the Netherlands.
Simple translation Dutch law applies to this agreement and any conflicts between you and us. If we go to court, this will be in Rotterdam, the Netherlands.
Varia These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and Filepurch. These Terms shall apply in preference to and supersede any and all Terms of any use of any kind by You. In the occasion that these Terms shall become partly invalid, You and Filepurch remain bound to the remainder of these Terms. These Terms overrule anything you might have been told by us previously or that you came up with yourself.
Questions? For questions about these Terms, please contact Filepurch at legal@Filepurch.com. We speak English. If you have any questions, just send us an email in English (please try and make it somewhat entertaining).
Filepurch takes your trust and privacy very seriously and processes as little personal data as
necessary. Nevertheless, to enable you to use our service and to deliver, improve and secure our
service to you, Filepurch needs to process some personal data (any information directly or indirectly
for Filepurch Premium&Business (part of the Filepurch Terms), as set out below.
To enable easy reading of this document, we have separated the text into a left column, with the binding text in ‘legal speak’, and a right column, with the non-binding text in simple speak. We hope this helps you to get a good understanding of what we offer you, what you can expect from us and what we expect from you.
Version: 29 May 2015
You have read and understand:
About Filepurch Filepurch B.V. has its statutory seat at and headquarters office at Menenkamp 20D, 3085 GG Rotterdam, the Netherlands. We are registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under number 65157125. You can contact us on firstname.lastname@example.org.
Purposes Filepurch processes as little personal data as necessary. To use our service, Filepurch has to process personal data for the purpose of i) creating and upholding your personal account, facilitating payment of your subscription fee and informing you about new features and updates, ii) paying out your revenue, delivering your files, iii) if you wish, to facilitate your address book. Filepurch may also use your personal data insofar necessary under its NTD Policy, any other notification of (presumed) illegal activity, or to defend itself against legal actions, in relation to or as a result of your use of Filepurch Premium and Business.
Simple translation We only use data to make your life easy, and unlike most others, we’ll never sell it or do anything stupid with it.
You have read and understand:
Personal Data For the above purposes, Filepurch Premium and Business process the following personal data: i) your full name, e-mail address, password and your credit card, bank account data, paypal data ii) your e- mail address, your recipient’s e-mail address, your file(s), your personal message and iii) if you wish, the addresses added to your address book. Filepurch does not publish, store or hold personal data on the contents of Files, nor does it store any other than the aforementioned personal data. Filepurch can however view the names and types of Files that have been sent, but will only access this information if Your (technical) support request necessitated this or to predict and detect files that we do not want on our platform.
Simple translation We’ll use your data to process your payment, create your account and make your use of our Premium and Business service possible. If you ask us for help, and we need to check the files you sent, we’ll do so, but we’ll only look at the names and types of the relevant files.
Personal Data (cont.) We aim at providing a safe & convenient environment where creatives can give and receive value for their work. Once a file is uploaded to Filepurch, a series of checks are automatically done in the background by a robot to ensure that Filepurch is used in accordance to our policies. Checks are added as we speak, while we learn from the different kind of customers we are in contact with. Simple checks like file extensions, content types, filesize and any attribute we can find and store about a file without intentionally compromising someones privacy in the future. Besides a robot, we built a functionality that enables us to moderate files by showing them inside a fileviewer and approve or disapprove the files based on a checklist that reflects our policy. In addition, any buyer can flag or report a file, which then will be moderated by a Filepurch employee. When a file is disapproved, we store the attributes we found from the file in our database and feed this to a piece of code / robot that will slowly be able to compare files against the list of already blocked content. This robot will be able to help us in the future by predicting the possibility of a file being against our policy based on earlier human interventions.
Simple translation We check files manually: - At random intervals - When a file is reported / flagged - When the code detects that a file might be against our policy based on a set of growing rules We are building an AI helping hand: - To help us predict and detect which files we do not want on our platform.
Security Filepurch takes appropriate technical and organisational measures to protect your personal data against loss or other forms of unlawful processing. For technical and operational reasons, personal data can be transferred through servers in the United States or other countries outside the European Union, where the European data protection rules not apply. Privacy regulations outside the EU might not provide the same high level of protection. By using our service and/or website you acknowledge and agree that Filepurch transfers your personal data through servers that are possibly outside the EU.
Simple translation We’ll take good care of your data.
You have read and understand:
Minors You are only allowed to use our website and/or service when at or over the age of 16 years, or with the approval of your parents or legal guardians.
Simple translation Even though we’ve seen videos of 4 year olds and cats using our service, if you’re under the age of 16 run downstairs and ask your mum and dad first.
Simple translation Sometimes we’ll have nothing better to do so we’ll change our policy, if you’ve got nothing better to do check back here every now and again and have a look. If you no longer like what you read, stop using our service.
Questions? If you have questions about the way Filepurch processes your personal data or the personal information Filepurch stores about you, please contact Filepurch by sending an email with your question to legal@Filepurch.com. We speak English.
Simple translation If you have any questions, e-mail us in English.
Filepurch respects your rights and expects that you respect the rights of others. In the unfortunate
event that Filepurch finds or is notified of unlawful files or content being distributed through it’s
Service, we will follow the procedures described in this Notice and Take Down Policy. By using our
website or file transfer service, you agree to be bound by our Notice and Take Down Policy below.
Version: June 11, 2013
Code of Conduct Filepurch subscribes to the Dutch Notice and Take Down Code of Conduct (“Code”) of the Platform Internet Security (Platform Internetveiligheid). This Code of Conduct establishes procedures for internet intermediaries like Filepurch to deal with reports of (alleged) unlawful content, directed at removal of disputed content (“Report” or “Reports”). This Notice and Take Down Policy (“NTD Policy”) describes the procedures and time limits Filepurch applies in dealing with such Reports.
Indemnity Notifier will provide Filepurch with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions Filepurch has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.
Urgency Notifier might request Filepurch to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. Filepurch determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.
Evaluation Filepurch shall evaluate the Report and classify it into one of three categories: 1. punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office; 2. unequivocally unlawful (onmiskenbaar onrechtmatig) content and/or punishable content reported by other sources than the authorities listed under 1); and 3. all other content, falling neither under category 1) or 2).
Measures Filepurch’s categorisation of the Report determines which measures are taken to address the Report. a. In the event that Filepurch determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), Filepurch ensures that the content concerned is immediately removed; b. In the event that Filepurch determines that the content concerned is not unequivocally unlawful or punishable, in other words falls under the above mentioned category 3), the content concerned shall not be removed. Filepurch will inform Notifier accordingly; c. In the event that Filepurch is not or unsufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, Filepurch will inform Content Provider about the Report with the request to (i) allow Filepurch to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a Dutch court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, Filepurch has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.
Period Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.
Due caution In the events that content is to be removed, Filepurch shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed. Questions? For questions about this NTD Policy, please contact Filepurch by sending an email to legal@Filepurch.com. We speak English and Dutch.
your use of the service and to find out how the service may be improved. Cookies are small text files
that are stored on your computer by your browser when you visit a website.
What types of cookies? For these purposes, Filepurch stores two kinds of cookies; function and analytical cookies. For facilitating your use of the service functional cookies are stored.
- Type: OpenX, name: OX_u - Type: session, names: remember_user_token, _wt_session - Type: setting, names: wt_flash, wt_lang, wt_to, wt_from, wt_welcome, wt_ttype, wt_tandc, wt_sent
To find out how the service may be improved, analytical cookies are stored. - Type: Google Analytics, names: HSID, SSID, APISID, SAPISID, PREF, NID, SID
What information do these cookies collect? The cookies from Filepurch.com collect non-personal data in relation to the way the service is used within your browser. These cookies are not designed to track you as a person, or to follow your behavior on the internet.
Can you remove or delete cookies? If you would want to remove certain cookies, or block them from being stored in your browser, it is possible to arrange this through your browser settings for cookies. You can find these settings under the Privacy tab in the Preferences section of most browsers. Here you can specify your cookie preferences or remove cookies. Please note that if you remove or refuse Filepurch cookies, the service might not function in optimal form.
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