Takeafile provides its Service “AS-IS”, without warranty of any kind. Without limiting the foregoing, Takeafile explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Takeafile 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 Takeafile 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 and 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.
Indemnity and Liability
You will defend, indemnify and hold harmless Takeafile, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, 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 or through Your Account infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Takeafile.com for the intentional and/or deliberate recklessness of Takeafile.com themselves (“their own acts”) and or the management of Takeafile.com.
In no event will Takeafile 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 Takeafile has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Takeafile.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 Takeafile is liable for damage under mandatory law, Takeafile’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.
Applicable Law and Jurisdiction
All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of Spain. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Valencia, Spain, unless stipulated otherwise by mandatory SPanish or international laws. You waive any objection to jurisdiction and venue in the courts of Spain.
You can contact Takeafile at firstname.lastname@example.org. We speak English and Spanish.