diff options
Diffstat (limited to 'network/dropbox/terms.txt')
| -rw-r--r-- | network/dropbox/terms.txt | 265 |
1 files changed, 226 insertions, 39 deletions
diff --git a/network/dropbox/terms.txt b/network/dropbox/terms.txt index 186ab90717..9e438d6a9e 100644 --- a/network/dropbox/terms.txt +++ b/network/dropbox/terms.txt @@ -1,67 +1,254 @@ Dropbox Terms of Service -Last Modified: March 26, 2012 -Thank you for using Dropbox! These terms of service (the "Terms") govern your access to and use of Dropbox ("we" or "our") websites and services (the "Services"), so please carefully read them before using the Services. + Posted: February 20, 2014 -By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization. + Effective: March 24, 2014 -You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Dropbox and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. + Thanks for using Dropbox! These terms of service ("Terms") cover your + use and access to the services, client software and websites + ("Services") provided by Dropbox, Inc. Our Privacy Policy explains + how we collect and use your information while our Acceptable Use + Policy outlines your responsibilities when using our Services. By using + our Services, you're agreeing to be bound by these Terms, and to review + our Privacy and Acceptable Use policies. If you're using our + Services for an organization, you're agreeing to these Terms on behalf + of that organization. -Your Stuff & Your Privacy -By using our Services you provide us with information, files, and folders that you submit to Dropbox (together, "your stuff"). You retain full ownership to your stuff. We don't claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below. +Your Stuff & Your Permissions -We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services). + When you use our Services, you provide us with things like your files, + content, email messages, contacts and so on ("Your Stuff"). Your Stuff + is yours. These Terms don't give us any rights to Your Stuff except for + the limited rights that enable us to offer the Services. -To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won't share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy. - -You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms. - -We may choose to review public content for compliance with our community guidelines, but you acknowledge that Dropbox has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. + We need your permission to do things like hosting Your Stuff, backing + it up, and sharing it when you ask us to. Our Services also provide you + with features like photo thumbnails, document previews, email + organization, easy sorting, editing, sharing and searching. These and + other features may require our systems to access, store and scan Your + Stuff. You give us permission to do those things, and this permission + extends to trusted third parties we work with. Sharing Your Stuff -The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Dropbox has no responsibility for that activity. + + Our Services let you share Your Stuff with others, so please think + carefully about what you share. Your Responsibilities -Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Dropbox, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service. -You, and not Dropbox, are responsible for maintaining and protecting all of your stuff. Dropbox will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff. + You're responsible for your conduct, Your Stuff and you must comply + with our Acceptable Use Policy. Content in the Services may be + protected by others' intellectual property rights. Please don't copy, + upload, download or share content unless you have the right to do so. -If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. + We may review your conduct and content for compliance with these Terms + and our Acceptable Use Policy. With that said, we have no obligation + to do so. We aren't responsible for the content people post and share + via the Services. -Account Security -You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Dropbox of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Dropbox, it is your responsibility to use a secure encrypted connection to communicate with the Services. + Please safeguard your password to the Services, make sure that others + don't have access to it, and keep your account information current. -Software and Updates -Some use of our Service requires you to download a client software package ("Software"). Dropbox hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Our pause syncing feature pauses syncing of your files, but may not cease all data transfer, so you should exit the desktop client if you'd like to stop data transfer. + Finally, our Services are not intended for and may not be used by + people under the age of 13. By using our Services, you are representing + to us that you're over 13. -Dropbox Property and Feedback -These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Dropbox trademarks, logos, domain names, or other brand features. +Software -Acceptable Use Policy -You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Dropbox Acceptable Use Policy. + Some of our Services allow you to download client software ("Software") + which may update automatically. So long as you comply with these Terms, + we give you a limited, nonexclusive, nontransferable, revocable license + to use the Software, solely to access the Services. To the extent any + component of the Software may be offered under an open source license, + we'll make that license available to you and the provisions of that + license may expressly override some of these Terms. Unless the + following restrictions are prohibited by law, you agree not to reverse + engineer or decompile the Services, attempt to do so, or assist anyone + in doing so. + +Our Stuff + + The Services are protected by copyright, trademark, and other US and + foreign laws. These Terms don't grant you any right, title or interest + in the Services, others' content in the Services, Dropbox trademarks, + logos and other brand features. We welcome feedback, but note that we + may use comments or suggestions without any obligation to you. Copyright -Dropbox respects others' intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: -Copyright Agent -Dropbox, Inc. -185 Berry St. Ste. 400 -San Francisco, CA 94107 -copyright@dropbox.com -Other Content -The Services may contain links to third-party websites or resources. Dropbox does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply. + We respect the intellectual property of others and ask that you do too. + We respond to notices of alleged copyright infringement if they comply + with the law, and such notices should be reported using our DMCA + Process. We reserve the right to delete or disable content alleged to + be infringing and terminate accounts of repeat infringers. Our + designated agent for notice of alleged copyright infringement on the + Services is: + + Copyright Agent + Dropbox, Inc. + 185 Berry Street, Suite 400 + San Francisco, CA 94107 + copyright@dropbox.com + +Paid Accounts + + Billing. You can increase your storage space and add paid features to + your account (turning your account into a "Paid Account"). We'll + automatically bill you from the date you convert to a Paid Account and + on each periodic renewal until cancellation. You're responsible for all + applicable taxes, and we'll charge tax when required to do so. + + No Refunds. You may cancel your Dropbox Paid Account at any time but + you won't be issued a refund. + + Downgrades. Your Paid Account will remain in effect until it's + cancelled or terminated under these Terms. If you don't pay for your + Paid Account on time, we reserve the right to suspend it or reduce your + storage to free space levels. + + Changes. We may change the fees in effect but will give you advance + notice of these changes via a message to the email address associated + with your account. + +Dropbox for Business + + Email address. If you sign up for a Dropbox account with an email + address provisioned by your employer, your employer may be able to + block your use of Dropbox until you transition to a Dropbox for + Business account or you associate your Dropbox account with a personal + email address. + + Using Dropbox for Business. If you join a Dropbox for Business account, + you must use it in compliance with your employer's terms and policies. + Please note that Dropbox for Business accounts are subject to your + employer's control. Your administrators may be able to access, + disclose, restrict, or remove information in or from your Dropbox for + Business account. They may also be able to restrict or terminate your + access to a Dropbox for Business account. If you convert an existing + Dropbox account into a Dropbox for Business account, your + administrators may prevent you from later disassociating your account + from the Dropbox for Business account. Termination -Though we'd much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. -Dropbox is Available "AS-IS" -Though we want to provide a great service, there are certain things about the service we can't promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it's just that these disclaimers are really important, so we want to highlight them). Dropbox will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you. + You're free to stop using our Services at any time. We also reserve the + right to suspend or end the Services at any time at our discretion and + without notice. For example, we may suspend or terminate your use of + the Services if you're not complying with these Terms, or use the + Services in a manner that would cause us legal liability, disrupt the + Services or disrupt others' use of the Services. Except for Paid + Accounts, we reserve the right to terminate and delete your account if + you haven't accessed our Services for 12 consecutive months. We'll of + course provide you with notice via the email address associated with + your account before we do so. + +Services "AS IS" + + We strive to provide great Services, but there are certain things that + we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND + ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER + EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS + IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A + PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the + disclaimers in this paragraph, so they may not apply to you. Limitation of Liability -TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DROPBOX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT DROPBOX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO DROPBOX FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. + + TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DROPBOX, ITS + AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, + SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR + ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL + THEORY, WHETHER OR NOT DROPBOX HAS BEEN WARNED OF THE POSSIBILITY OF + SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) + AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN + THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO DROPBOX FOR THE PAST + 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the + types of limitations in this paragraph, so they may not apply to you. + +Resolving Disputes + + Let's Try To Sort Things Out First. We want to address your concerns + without needing a formal legal case. Before filing a claim against + Dropbox, you agree to try to resolve the dispute informally by + contacting dispute-notice@dropbox.com. We'll try to resolve the dispute + informally by contacting you via email. If a dispute is not resolved + within 15 days of submission, you or Dropbox may bring a formal + proceeding. + + We Both Agree To Arbitrate. You and Dropbox agree to resolve any claims + relating to these Terms or the Services through final and binding + arbitration, except as set forth under Exceptions to Agreement to + Arbitrate below. + + Opt-out of Agreement to Arbitrate. You can decline this agreement to + arbitrate by clicking here and submitting the opt-out form within + 30 days of first accepting these Terms. + + Arbitration Procedures. The American Arbitration Association (AAA) + will administer the arbitration under its Commercial Arbitration Rules + and the Supplementary Procedures for Consumer Related Disputes. The + arbitration will be held in the United States county where you live or + work, San Francisco (CA), or any other location we agree to. + + Arbitration Fees and Incentives. The AAA rules will govern payment of + all arbitration fees. Dropbox will pay all arbitration fees for claims + less than $75,000. If you receive an arbitration award that is more + favorable than any offer we make to resolve the claim, we will pay you + $1,000 in addition to the award. Dropbox will not seek its attorneys' + fees and costs in arbitration unless the arbitrator determines that + your claim is frivolous. + + Exceptions to Agreement to Arbitrate. Either you or Dropbox may assert + claims, if they qualify, in small claims court in San Francisco (CA) or + any United States county where you live or work. Either party may bring + a lawsuit solely for injunctive relief to stop unauthorized use or + abuse of the Services, or intellectual property infringement (for + example, trademark, trade secret, copyright, or patent rights) without + first engaging in arbitration or the informal dispute-resolution + process described above. + + No Class Actions. You may only resolve disputes with us on an + individual basis, and may not bring a claim as a plaintiff or a class + member in a class, consolidated, or representative action. Class + arbitrations, class actions, private attorney general actions, and + consolidation with other arbitrations aren't allowed. + + Judicial forum for disputes. In the event that the agreement to + arbitrate is found not to apply to you or your claim, you and Dropbox + agree that any judicial proceeding (other than small claims actions) + will be brought in the federal or state courts of San Francisco County + (CA). Both you and Dropbox consent to venue and personal jurisdiction + there. + +Controlling Law + + These Terms will be governed by California law except for its conflicts + of laws principles. + +Entire Agreement + + These Terms constitute the entire agreement between you and Dropbox + with respect to the subject matter of these Terms, and supersede and + replace any other prior or contemporaneous agreements, or terms and + conditions applicable to the subject matter of these Terms. These Terms + create no third party beneficiary rights. + +Waiver, Severability & Assignment + + Dropbox's failure to enforce a provision is not a waiver of its right + to do so later. If a provision is found unenforceable, the remaining + provisions of the Terms will remain in full effect and an enforceable + term will be substituted reflecting our intent as closely as possible. + You may not assign any of your rights under these Terms, and any such + attempt will be void. Dropbox may assign its rights to any of its + affiliates or subsidiaries, or to any successor in interest of any + business associated with the Services. Modifications -We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services. -Miscellaneous Legal Terms -THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Dropbox with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Dropbox's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Dropbox may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Dropbox and you are not legal partners or agents; instead, our relationship is that of independent contractors. + We may revise these Terms from time to time, and will always post the + most current version on our website. If a revision meaningfully reduces + your rights, we will notify you (by, for example, sending a message to + the email address associated with your account, posting on our blog or + on this page). By continuing to use or access the Services after the + revisions come into effect, you agree to be bound by the revised Terms. |