Terms & Conditions

Last updated: June 5, 2020

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://alephtransfer.com/ website operated by Aleph Archives Sàrl ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any of these terms, you are prohibited from and may not use the Service.

1. General

Free Speech: We are a strong supporter of the right to free speech, freedom of expression, having diverse viewpoints and open debates where all users have a voice. We do not delete, remove, alter, edit or disappear content due to political affiliation, political bias or content with an unpopular or controversial viewpoint.

Authorized Users: All users must be at least the age of 18 to use the service.

Lawful Use: You understand and acknowledge to not use the AlephTransfer service for any illegal or unauthorized purposes. All users must agree to comply with local and international laws regarding online conduct and copyright laws. All users must not use the AlephTransfer services to violate any laws which include but are not limited to copyright laws. Any violations will result in immediate deletion of all files AlephTransfer has on record for your IP Address and your account will be suspended without any refund due.

Risk: All users use AlephTransfer at their own risk, users understand that files uploaded on AlephTransfer may not be private, they may be displayed for others to view, and AlephTransfer users understand and agree that AlephTransfer cannot be responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use AlephTransfers service at your own risk.

Term of Service Modification: You understand and acknowledge that AlephTransfer may alter, modify, change or amend these Terms of Service at any time. The updated Terms will become effective upon being posted on the AlephTransfer website. We advise that you review these Terms occasionally and take note of any changes. Your continued use of the AlephTransfer service conveys your acceptance of the amended Terms.

Service Modification: You understand and acknowledge that AlephTransfer may alter, modify or change the AlephTransfer Service for any reason, without notice or cause at any time.

Content: You understand and acknowledge that the sole responsibility and any liability for any files uploaded, stored or shared by your account rests with you.

Content Removal: We may, but have no obligation to and in good faith, remove Content and accounts containing Content that we determine in our sole discretion are obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable or violates any intellectual property rights or these Terms of Service.

Parental Controls: You understand and acknowledge that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Examples include but are not limited to: Qustodio, Kaspersky Safe Kids, Norton Family Premier, Net Nanny and McAfee Safe Family.

Account Abandonment: You understand and acknowledge that if your account becomes abandoned and has not been active for an extended period of time that we may, at our sole discretion, delete your account and any uploaded files or content it contains without notice. Account activity is determined by when the last successful login to the account was performed. If no login is recorded within the past twelve months, it is considered abandoned and may be deleted.

File Deletion: You understand and acknowledge that if you delete a file it will be moved to the "Trash Can". It will remain in the "Trash Can" for seven days where you have the opportunity to restore it. If you do not restore the file within the seven day window it will be deleted permanently with no ability to recover.

2. Copyright Information

AlephTransfer respects copyright law and expects Visitors and Users to do the same. AlephTransfer claims no intellectual property rights or ownership over the files, videos or images uploaded by visitors, users or others who access or use the AlephTransfer Service

AlephTransfer will review all copyright © infringement claims received and remove files found to have been upload or distributed in violation of any such laws. To make a valid claim you must provide AlephTransfer with the following information:

- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf; - A description of the copyrighted work claimed to have been infringed; - A description of the infringing material and information reasonably sufficient to permit AlephTransfer to locate the material; - Your contact information, including your address, telephone number, and email; - A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and - A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner. Claims can be sent to us via the report abuse page.

3. Disclaimer

If you choose to use the AlephTransfer Service, you do so voluntarily and at your sole risk. The AlephTransfer Service is provided "as is", without warranty of any kind, either express or implied. AlephTransfer makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, AlephTransfer does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website. You agree that you have had whatever opportunity you deem necessary to investigate the AlephTransfer Services, laws, rules, or regulations that may be applicable to your use of Services you are receiving and that you are not relying upon any statement of law or fact made by AlephTransfer.

4. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the AlephTransfer Service remains with you. Neither AlephTransfer nor any other party involved in creating, producing, or delivering the AlephTransfer Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services out of or in connection with these Terms or from the use of or inability to use the AlephTransfer Service. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AlephTransfer 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.

5. Indemnification

To the maximum extent permitted by applicable law, you agree to release, indemnify and hold AlephTransfer and its affiliates and subsidiaries, including but not limited to their owners, family, officers, directors, employees and agents, harmless 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 breach of these Terms, your improper use of the AlephTransfer Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use or your breach of any laws, regulations or third party rights.

6. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Users with Premium accounts will receive a prorated refund if service is terminated except for users who violate this agreement. You agree that any prorated refund is the only monetary compensation you are due and waiver any other claims present or future. You acknowledge and agree that AlephTransfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Termination of service for any cause. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Arbitration Agreement

You and AlephTransfer mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the AlephTransfer Service will be settled by binding individual arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and AlephTransfer agree that the arbitrator will decide the issue.

8. Applicable Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Vaud and the Switzerland, without regard to conflict-of-law provisions. Judicial proceedings that are excluded from the Arbitration Agreement must be brought in state or federal court in Lausanne, Vaud, Switzerland unless both agree to another location. You and AlephTransfer both consent to venue and personal jurisdiction in Lausanne, Vaud, Switzerland.

9. Revisions and Errata

The materials appearing on AlephTransfers Website may include technical, typographical, or photographic errors. AlephTransfer will not promise that any of the materials in this Website are accurate, complete, or current. AlephTransfer may change the materials contained on its Website at any time without notice. AlephTransfer does not make any commitment to update the materials.

10. Links

Our Service may contain links to third-party web sites or services that are not owned or controlled by AlephTransfer. AlephTransfer assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. AlephTransfer has not reviewed all the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by AlephTransfer of the site. The use of any linked website is at the users own risk. You further acknowledge and agree that AlephTransfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.