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Terms of Service


FileTruck Terms of Service

1. About This Agreement

This FileTruck ‘Terms of Service’ (the “Agreement”) describes the terms and conditions on which PeerMe Japan Co., Ltd. (the “Company”) offer services to you (“User”). By registering for or using FileTruck services (the “Service”), User agrees to be bound by the following terms and conditions. The Agreement may be changed from time to time at the discretion of the Company.

2. Description of Service

The Service is provided on the Internet. The Service is in the business of providing User data storage and transfer resources. The Service provides the function of that a sender uploads a file to the FileTruck server, a receiver gets a notice, and the receiver downloads the file from the FileTruck server.
There is a possibility that some advertisements show up on the Service website. User understands that those advertisements are required to keep providing the Service. Enhancement of the Service or adding new functions will be based on the Agreement.
User has a full responsibility of using the Service. User is responsible for paying the third party (e.g. ISP and other connection fees) and fees occurred by displaying and distributing ads. Also, User prepares all required equipments to use the Service and is responsible for those items.

3. Registration

User must register to use the Service. User needs to fill out the required items (e.g. email address) on the service registration form. The Company requests User to provide truthful information. If the Company finds out that a user has provided untruthful information, the Company has the right to close the user’s account and reserves the right to refuse the user to use the Service in the future.

4. Management of ID and Password

User must manage ID and password for the Service in User’s own responsibility. The Company does not indemnify any loss and damage by User’s misconduct and leak of ID and password. User must immediately report the Company (email to “”) the fact that the ID and password has leaked or the other person uses the unauthorized ID and password.

5. User Responsibilities After Registration

User is solely responsible for any and all activities that occur under the User’s account. The User shall notify the Company immediately of any unauthorized use of ID and password or any other breach of security that is suspected. The Company does not take any responsibilities even if User is accused of the User’s action under the User’s account. The Company may file a lawsuit against User when the User sends spam emails, disturbs other people, or takes other obstructive actions. The User must pay the Company any expenses caused by the User’s inappropriate or illegal actions

6. Termination / Suspension of Account

The Company has the right to terminate or suspend User’s account that has been inactive for a certain period. Also, the Company can exercise the right to terminate the account of the User who violates the Agreement or acts inappropriately on the Service, at the discretion of the Company. In addition, the Company reserves the right to refuse such a User to use the Service in the future. The Company is not responsible for the deleted data on the FileTruck server and all other loss and damage caused by deletion of User’s account or refusal of registration.

7. Modifications to Agreements, Policies or the Service

The Company reserves the right at any time to modify or discontinue the Service temporarily or permanently, with or without prior notice. The Company shall not be liable to User or any third-party for any loss or damage caused by modification or termination of the Service. The Company also reserves the right to change, add, or delete a part of the Agreement or its policies relating to the Service at any time without prior notice. Added or modified part becomes effective immediately after available on the Service website. User is responsible for regularly reviewing the Agreement. Continued use of the Service after any such changes shall constitute consent to such changes.

8. Third-Party Interaction

During the use of the Service, User may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the User and the applicable third-party. The Company shall have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between User and any such third-party.

9. Links

The Service may make available links to third-party websites. User acknowledges and agrees that the Company is providing these links only as a matter of convenience, and in no event shall the Company be responsible for any content, products, or services on or available from such websites.

10. Responsibility for Data

User, not the Company, has sole responsibility and liability for the data stored on FileTruck servers and emails sent to receivers. The Company will provide access to User’s data and email only when: (1) User consents to view the data; (2) the court requests; (3) there is a possibility of danger to property or life of User, third-party or the Company; and (4) the Company requires to view the data for service improvement and statistics.
The data User can upload with the Service is limited to 1000MB for each transmission. The uploaded data will be saved for three days. The data will be automatically deleted when deadline arrives. The data may be deleted before deadline when User violates the Agreement or the Company thinks it is necessary. Once data is deleted, there is no way to recover. The Company will not be liable for any loss or damage caused by deletion of data.
Also, the Service cannot resend notifying email to a receiver even if there is a legitimate reason. The Company is not responsible for delay or not receiving of notifying email caused by any failure of FileTruck servers and/or any errors on external networks.

11. Disclaimer of Warranties

User expressly understands and agrees the following:
a) The use of the Service is at User’s sole risk. The Service are provided on an “as is” and “as available” basis. The Company and its suppliers, to fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third-party rights.
b) The Company makes no warranty that: (i) the Service will meet User’s requirements or expectations; (ii) the use of the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (iii) the results that may be obtained from the use of the Service will meet User’s expectations; (iv) the quality of any products, services, information, or other material purchased or obtained by User through the use of the Service will meet your expectations; (v) errors or defects will be corrected; (vi) the Service or the server(s) that make the Service available are free of viruses or other harmful components.
c) Any material downloaded or otherwise obtained through the use of the Service is done at User’s own discretion and risk. User will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by User from the Company or through or from the Service shall create any warranty not expressly stated in the Agreement. e) Any third-party material obtained through the link available on the Service is not certified or guaranteed by the Company. All copyrights and other proprietary rights are belong to the third-party and so are all related responsibilities.
f) The Company will not get involved in a conflict between Users. It is User’s own responsibility to resolve the conflict. The Company does not warrant any loss or damage caused by User’s conflict even if the conflict is based on the Service. However, the Company reserves the right to reconcile the conflict when the conflict affects other Users and the Service itself.

12. Limitation of Liability

The use of FileTruck is at User’s own risk. User expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into trough or from the Service; (iii) unauthorized access to or alteration of User’s transmissions or data; (iv) statements or conduct of any third-party on the Service; or (v) any other matter relating to the Service.

13. Proprietary Rights, Copyrights and Trademark

User acknowledges that all materials (except those uploaded by users) provide on the Service website, including but not limited to information, documents, products, logos, graphics software and services (collectively “Materials”), provided either by the Company or by their respective third-party vendors and authors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by the Company and/or its Third Party Providers. Elements of the Service website are protected by copyright laws and may not be copied or imitated in whole or in part.
The Company respects the intellectual property rights of others and expects User to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s right. Users cannot add, delete or modify contents on the Service website unless expressly permitted in the Agreement. User is not permitted to break security of the Service or to use the Service in inappropriate ways.
User has an obligation to notify the Company (email to “”) if User finds any copyright or trademark infringements.

14. No Resale or Copy of the Service

It is prohibited to resell or copy the whole or part of the Service unless there is a written agreement to state otherwise.

15. Non-Waiver of Rights

Any failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

16. Titles of the Agreement

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

17. Indemnity

User agrees to defend, indemnify, and hold harmless the Company, its officers, 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 connection with the use of the Service, or violation of the Agreement.

18. Feedback

Any inquiries, comments, suggestions and criticism (collectively “Received Item(s)”) sent to the Company will not be treated as classified, unless it is explicitly stated that Received Item includes personal or proprietary information and has to be treated as classified. The Company has no liabilities for those Received Items, and can copy, use, display, modify, make available, transmit, publish or distribute the Received Items. In addition, the Company can make use of the idea, concept, know-how and technology information from Received Items to develop products and marketing, without any obligations.

19. Privacy Policy

As explained herein, use of the Site and Service is also governed by our Privacy Policy.

20. Local Laws and Export Control

The Company controls and operates the Service in Japan and is subject to Japan Export Administration Laws and Regulations. The Company do not represent that the Service is appropriate or available for use in other locations. If User uses the Service from outside Japan, the User is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

21. Separate Application of Each Section

If any provision of the Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect.

22. Controlling Law and Jurisdiction

The Agreement will be governed by and construed in accordance with the law of Japan. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Agreement will be the district and high courts in Tokyo, Japan.

23. Notifying Violations of the Agreement

If User finds or suspects any violations of the Agreement, User has an obligation to notify the Company (email to ).


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