DMCA - File Removal

Racaty intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunizing Racaty from liability to the fullest extent of the law. Racaty reserves the right to terminate the account of any Member who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Included below are the processes and procedures that Racaty will follow to resolve any claims of intellectual property violations:

A) Notice for Claims of Intellectual Property Violations.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Racaty Copyright Agent with the following information:


1. An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
2. A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
3. A description of where the infringing material or activity that the Complainant is located on the Site, with enough detail that we may find it on the Site (e.g., Link to the file);
4. The name, address, telephone number and email address of the Complainant;
5. A statement by the Complainant that upon a good faith belief the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
6. A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.

Racaty Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
Email: contact@racaty.com

Upon Racaty receipt of a Notice for Claims of Intellectual Property Violations, Racaty will take the following steps:


1. Promptly remove or disable access to the material or activity claiming to be infringing;
2. Notify the Member responsible for posting the alleged infringement of copyright or other intellectual property rights that the material or activity has been removed or access to it has been disabled; and
3. Provide the Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
4. Notify the Complainant once the access to the material has been removed or disabled.


B) Counter Notification Form.


If a Member receives notice that a material or activity posted on the Site was removed or disabled and the Member wishes to dispute the Notice for Claims of Intellectual Property Violations, the Member must provide Racaty Copyright Agent with the following information:

  1. An electronic or physical signature of the Member;
  2. A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before removed or disabled;
  3. A statement by the Member, made under penalty of perjury, that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. The Member's name, address, telephone number and email address, and a statement that the Member consents to the jurisdiction of Stockholms District Court for the judicial district in which the Member's residence is located if in the Sweden, or a similar court in the country of the Member's residence. The Member must also provide a statement that they will accept service of process from the Complainant.


C) Racaty Response upon Receipt of a Counter Notification Form.


Upon Racaty receipt of a Counter Notification Form, Racaty will take the following steps:

  1. Promptly provide the Complainant with a copy of the Counter Notification Form;
  2. Promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless Racaty Copyright Agent first receives notice that the Complainant has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the material or activity on the Site; and
  3. After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by Racaty in its sole discretion to potentially infringe any intellectual property rights).

To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Racaty, Members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.

Acknowledgement

This Racaty Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the "Agreement") governs your access to and use of the Racaty website, Content, apps, software, products and services provided to you on, from, or through the Racaty website , (collectively, the "Services"). Regardless of whether you have a subscription, are a registered user, or are simply downloading from a shared link which does not require a registered account, all such interactions with the Racaty website and use of any Services is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of the terms of this Agreement which is a LEGALLY BINDING CONTRACT.

If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.

IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.

Racaty (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the Racaty website, your sole remedy is to discontinue use of the Services. You use the Services of Racaty at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.

Which means: The above states that you have read and agree to the Terms of Service and Privacy Policy, and any future changes, if you use Racaty for yourself or your company or organization now or after modifications to this Agreement.

Ability to Accept Terms of Service

Racaty Free Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 13 years of age, then do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Racaty premium services are available to anyone over the age of 18.

Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

Which means: You’re over 18 and have authority and permission to accept this Agreement or between 13 and 18 and your parents have accepted this Agreement on your behalf.

Content – It’s Yours

When you upload text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as “Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.

You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.

Which means: If you created it, it’s yours. If any piece of it was created by someone else, you swear you have their permission to store it for your own use or share it. We don’t claim we own any of it.

To enable Racaty to provide the Services, it is necessary for you to hereby grant Racaty a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.

Which means: You give us limited permission to do what you need us to do, like show your Content to you or people you share it with, store it on our servers and make redundant backups so there is more than one copy of it.

It’s All About You

You control your Content through your account and/or cookies which may be placed on your computer or other devices.

You are responsible for any costs associated with your Content and use of the Racaty Services.

You are solely responsible for your Content and your interactions with other users of the Services.

When you allow other users access to your Content, you, not Racaty, are responsible for what others do with it.

You agree, while using Racaty Services, that you may not:

Alter or modify any part of the Services;

Use the Services for any illegal purpose;

Use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Services, with the exception of public search engines;

Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research;

Distribute any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;

Reformat or frame any portion of any web page that is part of the Services without the express permission of Racaty;

Collect or harvest any personal identifiable information or account names or solicit users;

Impersonate another person, whether real or fictional;

Permit any third parties to use your name and password;

Violate or attempt to violate Racaty systems or interfere with the normal use of the Services by users;

Resale Racaty's products and Services;

Post advertisements, promotions or solicitations of business;

Transmit any form of solicitation or Spam;

Distribute any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;

Distribute an illegal or unauthorized copy of another person's trademarked or copyrighted work;

Distribute Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;

Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;

Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;

Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions;

Distribute any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United States laws regarding transmission of data.

Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that Racaty is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Racaty with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Racaty, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.

Which means: Play Nice. You are solely responsible for everything you share or any interactions you have through Racaty.

Account Safeguards

To access or benefit from the Services or features on Racaty, you may have to create a Racaty account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your Racaty account from a trusted network. Although Racaty will not be liable for any losses you might suffer, you may be liable for the losses of Racaty or others.

Racaty & Services

Racaty does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, stored on or distributed through the Services and Racaty expressly disclaims any and all liability in connection with Content. Content is yours, not ours.

Racaty Content may contain links to external sites; however, Racaty is not responsible for any availability of or the content on or through any external site.

Racaty maintains multiple copies of active files, however, Racaty bears no responsibility for maintaining your data indefinitely. You bear full responsibility and sole liability for any corrupted, lost or irrecoverable data. You understand and agree that Racaty reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.

When Racaty removes or disables Content for policy violations, the user who posted the Content may receive a strike. The user is notified of the violation. Repeated policy violations may result in account termination. Racaty reserves the right to determine what is harmful to its users, operations, or reputation including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted to our abuse department. Each complaint will be investigated and appropriate action will be taken.

Racaty premium accounts file transactions below a minimum of 100KB will be registered as 100KB transactions. Additionally, premium accounts are limited to initiating no more than 1 million (1,000,000) transfers per month. Non-premium accounts have no transfer limits.

Racaty reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.

Racaty may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Light patterns, like those which might be displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.

Which means: You are solely responsible for your Content. Important data should be stored in more than one place. When receiving Content from a 3rd party, always exercise caution.

Software, Applications, Modifications & License

Racaty Services may include special applications, application programming interfaces, installable software, or developer resources you can download and install on your desktop, mobile phone or other devices with Internet capability to enhance your ability to interact and benefit from the Services (“Software”). This Software may require periodic modifications/updates, which may occur automatically or require you to initiate them. The Software is a copyrighted work of Racaty and is governed by the terms of this Agreement. Racaty grants you a “Limited License” to use the Software solely to interact with the Services.

When you download and/or use the Software, you accept this Limited License. Racaty grants you a personal, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free limited license to use the Software on any device you own or control. This Limited License is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Racaty, in the manner permitted by this Agreement. You may not rent, lease, lend, sell, trade, redistribute, assign or sublicense your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not, or permit anyone else to, copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of Racaty and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the Limited License will govern any upgrades provided by Racaty that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own) or to use any Racaty trademark, logo, domain name (or any derivative thereof), branding or features.

Which means: Racaty will offer you the ability to download and use new applications from time to time and may update the software periodically. Racaty owns all its software and applications, regardless of who provided input or may make modifications to it, and only you may use it under this licensing agreement.

DMCA: Digital Millennium Copyright Act

If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law.

Which means: Go to the Copyright page for legal guidelines, contact us, and we’ll respond ASAP.

As-Is Services

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Racaty, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

NEITHER Racaty NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER Racaty NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.

NEITHER Racaty NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. Racaty IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

FOR CLARITY, Racaty ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Racaty DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Racaty WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we’re not responsible if something goes wrong.

Limitation of Liability

NEITHER Racaty NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RacatyS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Racaty AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, Racaty AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

The Services are controlled and offered by Racaty from its facilities in our respecting country. Racaty makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong.

Indemnity

You agree to indemnify, defend and hold Racaty and its affiliates, and both Racaty and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any Racaty Party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. Racaty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Racaty's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

Which means: If we get in trouble because of something you did or should have done, you’ll defend us in court or help us defend ourselves.

Miscellaneous Legal

The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Racaty without restriction.

The Agreement shall be construed in accordance with the laws of our respecting country, without reference to principles of choice of law. You and Racaty each irrevocably consent to the personal jurisdiction of the HM Courts & Tribunals Services ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Racaty on the Services, the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.

YOU AND Racaty AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Please submit reports of any violations to our support department.

Revised: May 1, 2017