​Legal Audit (of a license/service agreement or other legal document).

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timer Asked: Nov 23rd, 2017

Question Description

Legal Audit (of a license/service agreement or other legal document): A legal audit is an assignment that entails conducting an assessment of a web site EULA (End User License Agreement) or TOS (Terms of Service) such as Facebook, Pinterest, etc. or software or content license relating to an information product or service you use or website you frequent. Identify and discuss the legal impact and meaning of various provisions in the agreement, identifying problematic aspects regarding the terms that are present as well as issues raised by absent terms and identify and discuss the purpose of other terms. There is a sample or two “deconstructed” licenses on the course site after which you can model your assessment. The simplest format is one similar to the one posted on the course site, with the license provisions on the left and your assessment/explanation on the right of a two column table. (Using a similar two column approach is likely the easiest for you to produce and easier for the instructor to grade.) Be sure to discuss the law behind the issues that a particular term raises. Other legal documents can work. A good example would be if your current IT employer uses a non-disclosure/non-compete agreement. A web development or consulting contract can work as well.

I would like an audit to be completed about Twitter Terms of Service

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iCloud Terms of Use Available: http://www.apple.com/legal/internetservices/icloud/en/terms.html (accessed May 19, 2013). Welcome to iCloud. THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE GOVERNS YOUR USE OF THE iCLOUD PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. Apple is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. As soon as you enable iCloud, your content will be automatically sent to and stored by Apple, so you can later access that content or have content wirelessly pushed to your other iCloudenabled devices or computers. "Apple" as used herein means: • Apple Inc., located at 1 Infinite Loop, Cupertino, California, for users in North, Central, and South America (excluding Canada); • Apple Canada, located at 7495 Birchmount Road, Markham, ON L3R 5G2 for users in Canada; • iTunes K.K., located at 3-20-2 Nishishinjuku, Shinjuku, Tokyo for users in Japan; • Apple Pty Limited, located at Level 13, Capital Centre, 255 Pitt Street, Sydney NSW 2000, Australia, for users in Australia and New Zealand; and • iTunes Sarl, located at 31-33, rue Sainte Zithe, L-2763 Luxembourg, for all other users. REQUIREMENTS FOR USE OF THE SERVICE. The Service is available to individuals aged 13 years or older. If you are 13 or older but under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Parents or guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Apple reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. High-speed Internet access is strongly recommended for use. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that Rather than a use equals assent, there is reference to a click-to-agree mechanism. Users must be over the age of 12, an issue of contractual capacity of sorts, but this would exist with users up to the age of 18. This is more likely reference to statutory age limit for collecting personal information from children. 15 U.S.C. § 6502(a)(1) makes “unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child…” 15 U.S.C. § 6502 defines a child as “an individual under the age of 13.” meeting these requirements, which may change from time to time, is your responsibility. Use of Location-based Services. Apple and its partners and licensors may provide certain features or services through the Service (e.g. Find My iPhone, Find My Friends) that rely upon device-based location information, which use GPS (where available), along with crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or services, where available, Apple and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your iCloud account (“Account”) and any devices registered thereunder, including but not limited to your Apple ID, device ID and name, and device type. You hereby agree and consent to Apple's and its partners' and licensors' collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services. You may withdraw this consent at any time by not using the location-based features and turning off the Find My iPhone, Find My Friends, or Location Services settings (as applicable) on your device and computer. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party's terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Apple shall use reasonable skill and due care in providing the Service, but neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. Find My iPhone. The Find My iPhone and Find My Mac features are intended for your personal use only. When enabled on your device or Mac, this feature can be used to locate, play a sound on, remotely enable Lost Mode, or remotely wipe your own device or Mac. Devices must be on and connected to the Internet (via a data network such as 3G or a registered Wi-Fi network) to be located. Macs must be on and not asleep, connected to the Internet, with Wi-Fi on and within the range of a registered Wi-Fi network to be located. If your missing device has Lost Mode enabled, it can keep track of its recent locations where it was powered on and connected to the Internet, and show you the history of those locations for the last 24 hours, when you locate the device using Find My iPhone. If your device or Mac has been remotely wiped, you cannot locate, play a sound on, or cancel the remote wipe for that device or Mac, or enable Lost Mode for that device. Location requests will impact battery life of the located device or Mac. If you believe your device or Mac has been stolen you should seek assistance from your local law enforcement and use the features of Find My iPhone such as remotely locking or wiping your device or Mac to protect your data. Once you have requested your device’s or Mac’s location, and the device or Mac has been located on a map, you can view the last location of your device or Mac after your initial request for a period of up to 24 hours. Apple then deletes that information within 24 hours of your initial request. THE LOCATION-BASED SERVICES OF THIS There is notice of location data collection and sharing (“You hereby agree and consent to Apple's and its partners' and licensors' collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services.”). To not participate in the data tracking either not use or turn off the “location-based features” of the applicable device. Of course while Apple will track you, the data should not be relied upon if you need it (“where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage”). Apple disclaims does not “guarantee[]the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.” Personal use only for Find My iPhone and Find My Mac, so no classroom use or public institutional use as this would likely be a public use. FEATURE ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. Find My Friends. The Find My Friends app, available for download from the App Store (compatible hardware and software required), allows you to share your location with a limited number of other users via your devices, upon acceptance of requests from those users. You may also view the location of a limited number of other users who have accepted your requests to do so, via their devices. You may set your device to automatically notify other users when you leave or arrive at a location, and, after you have established a friend relationship, set your device to notify you when those users leave or arrive at a location. You may also choose to temporarily share your location with a limited number of groups set up by you or another user, and see locations of all members of those groups. You may temporarily hide your device’s location from all other users. You may revoke acceptance of another user’s permission to see your location. You may turn off the feature by signing out of or uninstalling the Find My Friends app from your device. You may also use restrictions in iOS settings to prevent unauthorized changes to the settings you have selected, including acceptance of follow requests or hiding location. Location requests will impact battery life of the located device. THE LOCATION-BASED SERVICES OF THIS FEATURE ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. Backup. Automatic backup is available for iOS devices, and occurs periodically, when the device is screen locked, connected to a power source, and connected to the Internet via a Wi-Fi network. iCloud will store your last three backups; however, if a device has not backed up to iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete the backups associated with that device. Backup is limited to device settings, device characteristics, photos and videos, messages (iMessage, SMS, and MMS), ringtones, app data, location settings (such as location-based reminders that you have set up), and Home screen and app organization. Content purchased from the iTunes Store, App Store, or iBookstore is not backed up, but may be eligible for download from those services, subject to account requirements, availability, and the applicable terms and conditions. Media obtained from other sources (such as imported music or home videos) are not backed up, but can be synced from your computer by using iTunes. Your iCloud email, contacts, calendars, bookmarks, and documents are stored in, and can be accessed from, iCloud. Apple shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data. When iCloud Backup is enabled, your device will not back up to iTunes automatically during a sync, but you may choose to manually initiate a backup to iTunes. Photo Stream. When My Photo Stream is enabled on your device or If a user is really in connectivity and letting the world of other users know where you are located there are features that facilitate this (“You may set your device to automatically notify other users when you leave or arrive at a location, and, after you have established a friend relationship, set your device to notify you when those users leave or arrive at a location. You may also choose to temporarily share your location with a limited number of groups set up by you or another user, and see locations of all members of those groups.”). This provision provides a description of the back-up aspects of iCloud: “iCloud will store your last three backups; however, if a device has not backed up to iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete the backups associated with that device.” However back-up is limited to “device settings, device characteristics, photos and videos, messages (iMessage, SMS, and MMS), ringtones, app data, location settings (such as location-based reminders that you have set up), and Home screen and app organization” and not content like music (iTunes) and e-books (iBookstore). Apple waives any warranty of content stored on its system from damage, corruption, loss or removal and it will not be liable for any damage, corruption, loss or removal. The My Photo Stream allows images to computer, new photos taken on your device or imported to your computer will be uploaded to iCloud, and then automatically downloaded to your other devices or computers on which My Photo Stream is also enabled. The downloaded photos will appear in a My Photo Stream view or folder on the device. When Shared Photo Streams is enabled, you may share selected photo streams with others on compatible systems, or publicly on the Internet, by creating a shared photo stream. The users with whom you share your photo streams may comment on the photos, and those comments will be shared with other users with whom you have shared the photo stream. Photo resolution may vary according to the device to which they are downloaded. A Wi-Fi connection is required for use of My Photo Stream on devices; Shared photo streams will use a cellular connection if Wi-Fi is not available. Apple reserves the right to place limits on the number and/or size of photos that can be uploaded during a given time period in order to limit unintended or excessive use of the service. Photos uploaded to photo stream for use with My Photo Stream will be deleted from iCloud thirty (30) days after they are uploaded. Devices store a limited number of the most recent photos in the My Photo Stream album or view; the oldest photos in excess of the current limitation will be automatically deleted as new photo stream photos are downloaded. Photos in shared photo streams are not deleted after thirty (30) days, but the size of any given photo stream may be subject to photo or recipient number, and/or size limitations. Downloaded photos can be manually saved to the iOS Camera Roll. Changing the Service. Apple reserves the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. Apple may post on our website and/or will send an email to the primary address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check your iCloud email address and/or primary email address registered with Apple for any such notices. You agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any prepayment. Limitations on Use. You agree to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from backing up to iCloud, adding documents, or receiving new email sent to your iCloud email address. If your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to provide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service and Apple’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and upload automatically to iCloud then download to other enabled devices or to the devices other users. Downloaded images (appearing on the Photo Stream view) are stored in limited quantities on a user’s devices. Again there is no indication of number or size of storage space but are deleted LIFO. There may also be limits on the storage capacity of user’s devices, those with whom you shared photos. Apple can put a limit on the number and size of photos uploaded but it does indicate what the threshold is. In any even all photos so uploaded will be deleted after 30 days. Apple can change the service. Notice of material changes in service will either posted on its website or sent to email on record. A pro rata refund is available if the service terminates or its functionality is materially downgraded. If use of the service interferes with Apple’s ability to provide its service Apple can take all reasonable steps to protect its interests. This might include self-help remedies that might disable the function of your devices. Apple also has the right to suspend or terminate a user. There is no indication of whether notice is provided of any of these actions or how long a suspension might last. It is typically to offer a right to cure in cases of imminent loss of service. There is likely no refund available in these situations. Different countries have different laws and may block certain services. Apple makes Apple makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws. Public Beta. From time to time, Apple may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Apple, and that Apple is not obligated to provide you with any Beta Features. Apple may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Apple may collect and use certain information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Apple may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Apple provides to you in order to receive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Apple will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate “no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location.” written agreement to the contrary, Apple will be free to use any feedback you provide for any purpose. Subscription Storage Upgrades. Additional storage is available for purchase on a subscription basis. Fees. The Service accepts credit cards and certain payment accounts (where available) for payment, and will automatically charge the payment method associated with your Apple ID (e.g., the payment method you use to shop on the iTunes Store, App Store, or iBookstore, if available). Apple may obtain preapproval for an amount up to the amount of the transaction. Storage upgrade fees are billed annually, in advance of provision of the service. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for the upgrades you purchase through the Service, and that Apple may charge your credit card or payment account for any upgrades purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account, and that Apple may continue to charge your credit card or payment account for all fees or charges associated with your subscription on an annual basis until you change or cancel the subscription. This means that unless you change or cancel your subscription prior to the next annual billing date, we will charge your credit card or payment account the then-current fees on that next annual billing date. About thirty (30) days prior to your annual billing date, we will notify you by email to the email address associated with your Apple ID that your Account is about to be billed and to remind you that your credit card or payment account will be billed the indicated fees on the annual billing date. You can change your subscription by upgrading or downgrading your storage under the iCloud section of Settings on your device, or under the iCloud pane of System Preferences on your Mac or iCloud Control Panel on your computer. The applicable storage fee for an upgraded storage plan will take effect immediately; downgrades to your storage plan will take effect on the next annual billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment account you designate during the registration process. If Apple is unable to successfully charge your credit card or payment account for fees due, Apple reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section of iCloud; this may temporarily disrupt your access to the Services while Apple verifies your new payment information. Your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service. Account Information and Billing Inquiries. You may consult your Account management page on your device for details on your The basic subscription allows 5GB of storage, but more can be purchased. The basic subscription is free and is a service attached to Apple devices. Apple will have your credit card on file and the card will be charged annually for the upcoming year’s service, for any “upgrades purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.” Renewal is evergreen. Non-renewal is possible but a user must notify Apple prior to the start of the new annual period. Apple will send a notice to the email address on file about 30day days out from the start of the new period. If a user upgrades their storage service, the additional fee is charged to user’s credit card immediately (“applicable storage fee for an upgraded storage plan will take effect immediately”), however, if service is downgraded (reduction in fee) that adjustment is NOT made until the next annual billing date (“downgrades to your storage plan will take effect on the next annual billing date”)! There is no indication that in such a reduction scenario a user could obtain a refund (see below). There does appear to be notice provided (see below) of the charges that a user incurs. If for some reason there is an issue with the processing of the payment disaster could befall a user: “If Apple is unable to successfully charge your credit card or payment account for fees due, Apple reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account.” Apple gives no notice of this impending catastrophe. It is typical for continuous subscription services (for wine clubs for example) to notify the customer if there a problem with the credit card or payment account. When a charge is incurred, Apple “will send an electronic invoice to the email address Account information including payment method and billing currency. Apple will send an electronic invoice to the email address associated with your Apple ID whenever any Service fees are charged to your Account. If you believe you have been billed in error for the Service please try and notify us within 45 days of the billing date by contacting iCloud Support at www.apple.com/support/icloud. Cancellations and Refunds. All fees and charges paid by you in relation to the Service are nonrefundable, except as required by law or as otherwise stated herein. You may contact Apple for a full refund within 15 days of an initial upgrade purchase or within 45 days of a subsequent yearly payment. To request a refund as described herein go to www.apple.com/support/icloud for more details. Applicable local law may vary this policy. Please contact iCloud Support for details. You can cancel your subscription by downgrading your storage to the free 5GB plan under Storage Plan in your iCloud Account Information on your device, from your iCloud Account view in System preferences on your Mac, or from your iCloud Account view in the iCloud Control Panel for Windows on your PC. Your paid subscription will be cancelled on your next annual billing date. Partial refunds are available where required by law. Changes in Price. Apple may at any time, upon notice required by applicable law, change the price of the storage upgrades or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription billing year will apply to subsequent subscription billing years and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel and stop using the storage upgrade. Your Use of the Service. Your Account. As a registered user of the Service, you may establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules. In order to use the Service, you must enter your Apple ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as associated with your Apple ID.” A user can also track charges form their account management page. It is assumed that if there is dispute regarding a charged payment a user has 45 days from the “billing” or invoice date in which to dispute it (“please try and notify us”). Refund of charges is not generally possible except as stated (see above) or within a narrow window: 15 days for upgrades (recall that upgrade charges “take effect immediately”) and 45 days for evergreen renewals. Refunds are requested through the Support webpage. Since the basic 5GB plan comes with an Apple device another way to cancel is to cancel service for the device altogether or to take the iCloud storage capacity to under the free 5GB limit. However unless the 15 day window for refund is observed there will be no refund as adjustments until the annual subscription date (“downgrades to your storage plan will take effect on the next annual billing date”). Prices may change and new charges for services may be instituted. Notice will be given only if required by law. Changes and new charges “will apply to subsequent subscription billing years and to all new subscribers after the effective date of the change.” If a user is not notified it is assumed that such changes and new charges would be posted on the Apple or iCloud website. The only option for a user is to downgrade to the free service if the change or new charge relates to storage capacity (“you must cancel and stop using the storage upgrade”). A refund would only apply if the price change or new charge would happen to occur within the 15 day window. Users are responsible for maintaining private their account information. The provision reiterates that the service is for personal use only, not for group use. If there is a breach of privacy and Apple concludes it is your fault Apple “shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.” Account information must also be kept upto-date otherwise suspension or termination may occur: “Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Apple may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account. Additional Obligations or Terms of Use. Particular components or features of the Service provided by Apple and/or its licensors, including but not limited to the ability to download previous purchases and iTunes Match (additional fees apply), require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service. No Conveyance. Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email address, domain name, iChat ID, or similar resource used by you in connection with the Service. No Right of Survivorship. You agree that your Account is nontransferable and that any rights to your Apple ID or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact iCloud Support at www.apple.com/support/icloud for further assistance. No Resale of Service. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose. Apple Privacy Policy. You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Apple’s Privacy Policy. You further consent and agree that Apple may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Service, and any features therein, to you. Information collected by Apple when you use the Service may also include technical or diagnostic information related to your use that may be used by Apple to support, improve and enhance Apple’s products and services. For more information please read our full privacy policy at http://www.apple.com/privacy/. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Apple, its affiliates, and/or their service providers. Please note that personal information regarding individuals who reside in a member state of the European Economic Area (EEA) is jointly controlled by Apple Distribution International in Cork, Ireland, and Apple UK Limited in Uxbridge, United Kingdom. Content and Your Conduct. Content. "Content" means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all termination of your Account.” Other Apple services may be governed by other Terms of Use. Apple retains rights in personal identifiers necessary to use the service such as an Apple ID or iChat ID. Unlike copyright that can be transferred upon death, there is no survivorship. Further, cancellation (“may be terminated”) of the account requires proof of death (“death certificate”) though the license uses the word “may.” All content could be lost through this process so the executor of a user’s estate or their heirs might want to consider if there is content in the iCloud that should be retrieved first. A user is prohibited from obtaining compensation for use of their account. Apple collects personal information as well as technical or diagnostic information regarding the Apple devices the user. The privacy policy is a separate policy and is not incorporated into this agreement, so the terms of the policy might change. Users are responsible for content. A user may encounter considered “offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable.” While Apple prohibits such Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Apple, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. Your Conduct. You agree that you will NOT use the Service to: a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; b. stalk, harass, threaten or harm another; c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends; d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another iCloud user, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to reject or block any Apple ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity); e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing"); h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; content from being posted (see above) Apple will not enforce its content restrictions. In other words a user cannot force Google to enforce its content restriction provision and suspend or terminate another user for example. See, Noah v. America Online, Inc., 2003 U.S. Dist. LEXIS 8242 (E.D. Va. 2003) Terms of agreement regarding online comportment standards (“Community Guidelines”) created no contractual duty on the part of AOL it, rather the “plain language of the Member Agreement makes clear that AOL is not obligated to take any action.” Affirmed Noah v. AOL-Time Warner, Inc., 2004 WL 602711 (4th Cir.) (unpublished). There are a number of prohibited uses of the service some which are protected by law, e.g., “transmit…otherwise objectionable” content, some are indeed unlawful, e.g., “transmit…defamatory” content. Prohibitions relate to the nature of content, use of the service to harm others, collection of information form minors, misrepresent oneself, infringe an intellectual property right, send junk mail, send spoofing messages, interfere with system functionality through automated means, “plan or engage in any illegal activity, or obtain personal information on another user in order to execute any of the afore listed prohibitions. i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); j. plan or engage in any illegal activity; and/or k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities. Removal of Content. You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable. Backup Your Content. You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing the Service, but Apple does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss. Access to Your Account and Content. Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law. Copyright Notice – DMCA. If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Apple's Copyright Agent as described in our Copyright Policy at http://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers. Violations of this Agreement. If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to abuse@iCloud.com. Content Submitted or Made Available by You on the Service. License from You. Except for material we may license to you, Apple does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public Apple can “pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.” Use of “otherwise objectionable” is problematic as there is no indication what this might mean; it is unlike a legal standard such as obscene content. This provision defeats the purpose of cloud computing and storage as Apple “does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.” Apple will release your personal information or content is served with a search warrant for example (“if legally required”). However Apple will also release such information and content if a mere discovery request or administrative subpoena is served on it or to enforce the terms of the agreement, if there is a “security, fraud or technical issue[]” or to protect the “rights, property or safety” of Apple or others. Apple has registered a designated agent with the U.S. Copyright Office. In order to comply with 17 U.S.C. § 512 Apple must have a policy that terminates (alleged) repeat infringers. This is a statement of that policy. Users are not required to report but may report violations of the agreement by another user. Apple does not claim ownership of content submitted by a user. However users grant Apple a “worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, adapt, publish, translate, or other users with whom you consent to share such Content, you grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, Apple may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Apple to take any such actions. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. A list of Apple's trademarks can be found here http://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service. Software. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. License From Apple. Apple grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Apple as a part of the Service and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you.” A user, not Apple, is responsible for legality of content posted by a user (representing” that he or she is the owner). An indemnification is also required (see below). Apple can “modify or change” content in order to “comply with technical requirements of connecting networks or devices or computers.” Apple gives a user no right of license to use its trademarks or service marks. It is unclear whether a fair use of trademark such as logo could be made. See, New Kids on the Block v. News America Publishing, 971 F.2d 302, 308 (9th Cir. 1991) (Fair use of another’s trademark exists where 1) the product must not be readily identifiable without the use of the trademark, 2) no more of the trademark is used by the plaintiff than is reasonably necessary to identify the product, and 3) the defendant must not act in such a way as to suggest sponsorship or endorsement by the plaintiff). Apple claims ownership in content associated with the Service such as software. Users agree that the Service may contain “proprietary and confidential information” that might be protected as a trade secret though considering the public nature of the service this claim is questionable. Users also surrender fair use rights (“No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.”). Users also surrender fair use rights with respect to the software: “you do not … copy, modify... reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law).” Reverse engineering of software is source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement. Updates. As part of the Service, you may from time to time receive updates to the Software from Apple which may be automatically downloaded and installed to your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Apple may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. Termination. Termination by You. You may terminate your Account and/or stop using the Service at any time. If you wish to stop using iCloud on your device, you may remove your iCloud account from the device by opening Settings on your device, tapping iCloud, and tapping the Delete Account button. To terminate your Account contact iCloud Support at www.apple.com/support/icloud. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation a fair use. See, Evolution, Inc. v. SunTrust Bank, 342 F. Supp. 2d 943 (D. Kan. 2004) (de-compilation of software in order to extract out unprotected elements fair use); Sony Computer Entertainment, Inc. v. Connectix Corp., 203 F.3d 596 (9th Cir. 2000), cert. denied 531 U.S. 871 (2000) (copying computer code to extract unprotected elements fair use); Atari Games Corp. v. Nintendo of America, Inc., 975 F.2d 832 (Fed Cir. 1992) (reverse engineering (copying) of computer program as intermediate step to extracting unprotected elements can be a fair use); and Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510 (9th Cir. 1992) (de-compilation of software program to extract unprotected elements fair use). Reference to various export controls. Apple may automatically send upgrades to its software on your device or computer. One sentence indicates updates will occur automatically: “which may be automatically downloaded and installed to your device or computer.” Another sentence appears to contradict that: “you shall receive and install them as required.” A user can simply stop using the iCloud service by removing the account from their devices. It can formally terminate by contacting iCloud user support, but a refund is unavailable for “any fees paid in advance for the billing year.” Accrued fees and charges are not subject to cancellation and must be paid in full. to pay any accrued fees or charges. Termination by Apple. Apple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Apple may terminate your Account upon prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts. Effects of Termination. Upon termination of your Account you will lose all access to the Service and any portions thereof, including, but not limited to, your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements. Links and Other Third Party Materials. Links. Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources. Google Maps Service. Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at http://maps.google.com/help/legalnotices_maps.html. Disclaimer of Warranties. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE Of course Apple can terminate or suspend a user at any time (partial or complete and without notice). It can do this for a number of reasons listed including breach of the terms even if the breach is not material. In other circumstances Apple must give notice before termination can occur: “your Account has been inactive for one (1) year; or there is a general discontinuance or material modification to the Service or any part thereof.” Once termination occurs, a user will lose access to the service and content. After some time “Apple will delete information and data stored in or as a part of your account(s).” Apple does not warrant the content at sites to which it provides links nor is Apple responsible for any damages incurred through use of linked sites or content. Here are additional terms that are not part of the agreement, and that also could be changed without notice. Use equals assent in the google maps terms of service. A typical extensive disclaimer of warranties including non-infringment. Acknowledgement that some warranties SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE cannot be disclaimed in certain jurisdictions. Disclaimers must be conspicuous, thus the use of caps. A typical and extensive disclaimer of liability and damages provision. However, Apple will be liable for “FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. Indemnity. You agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Apple as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you. Notices. Apple may provide you with notices regarding the Service, PERSONAL INJURY.” Acknowledgement that damages cannot be disclaimed in certain jurisdictions. In addition to disclaiming a warranty of non-infringement, Apple requires a user to indemnify it forms harms resulting from user content, use of the Service, a violation of the agreement, investigation by Apple of agreement violations and violation of any rights of another. As is typical with an indemnification it survives the termination of the agreement. A user is also required to defend Apple in any litigation resulting from harm caused by that user. Apple is not required but may send you including changes to this Agreement, by email to your iCloud email address (and/or other alternate email address associated with your Account if provided), by regular mail, or by postings on our website and/or the Service. Governing Law. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the nonexclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of: Governing law and forum: Any European Union country or Switzerland, Norway or Iceland The laws and courts of your usual place of residence Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. General. This Agreement constitutes the entire agreement between you and Apple, governs your use of the Service and completely replaces any prior agreements between you and Apple in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. CHANGES. Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. If you do not agree with them, you must stop using the Service and contact iCloud Support to retrieve your Content. Your continued use of the Service will be deemed acceptance of such modifications and additional terms and conditions. ELECTRONIC CONTRACTING. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain notice regarding the service through iCloud email, or other email listed indicated by a user or regular mail. Notice can also be provided on the Apple website. This is the choice of law and choice of forum provision. Consumer laws are stronger in the EU, where consumer can bring suit in their home jurisdiction. This is the integration, survivability, nonwaiver of enforcement provision. While there is a click-to-agree mechanism to assent to initial subscription, changes can be made at any time and use of the service after changes equals assent to changes in the terms. An E-SIGN (Electronic Signatures in Global and National Commerce Act) or UETA (or E-Sign Uniform Electronic Transactions Act) provision, indicating agreement to be bound by online affirmations or assent. your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. Last revised: September 13, 2012. OpenDrive Terms of Use Available: https://www.opendrive.com/terms (accessed May 19, 2013). Terms Of Service and Privacy Policy Your subscription agreement BY USING THIS SITE, THE SERVICES AVAILABLE AT THIS SITE, AND ANY SERVICE, SOFTWARE, APPLICATION, OR PROGRAM CREATED BY OPENDRIVE, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF OPENDRIVE'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING IN TO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESES TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE. 1. Introduction: OpenDriveis a provider of Internet-based data storage, backup, and transfer resources. It is our goal to provide the highest level of security, speed, and reliability to our clients -- both consumer and business. OpenDrive offers Services at its website, www.opendrive.com. 2. Free Account Definition: OpenDrive offers Free account with a limited amount of storage and Paid accounts. Free accounts offer limited features compared to paid accounts and are subject to certain limitations from time to time. OpenDrive provides free accounts with up to 5gb of storage without charge. OpenDrive reserves the right to terminate Free accounts any time. Free accounts are subject to termination, with or without prior notice. OpenDrive may remove, without notice, any or all data stored in a Free account if the account has been inactive for 90 days. 3. Incomplete Signup E-mails: If you begin the sign up process for OpenDrive but fail to complete the process, OpenDrive may contact you in an effort to help successfully guide you through this process. You hereby authorize OpenDrive to make such contact, even if you ultimately determine not to sign up for OpenDrive. 4. Nontransferable Membership: OpenDrive grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not Use equal assent. Warning regarding persons having the authority to enter into contracts on behalf of an organization. Defines the scope of the service. While the stated “goal” is to “provide the highest level of security, speed, and reliability” unless the provider “warrants” (legally promises) this is the case such expressions mean little in the eyes of the law. Free accounts with limited storage and features are offered but can be terminated at “any time.” Partial, incomplete email sign-up means OpenDrive can bombard you with email trying to convince you to sign-up, completing the process. The terms and conditions (the license) is nontransferable. The “all rights not expressly granted by OpenDrive to you are retained” cannot legally take away rights the expressly granted by OpenDrive to you are retained. 5. Restrcitions: You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without OpenDrive's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party. 6. Third Party Interaction: In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. OpenDrive shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. 7. Links to Third Party Sites: OpenDrive does not endorse any sites on the Internet that are linked through the Service. OpenDrive is providing these links to you only as a matter of convenience, and in no event shall OpenDrive be responsible for any content, products, or other materials on or available from such sites. 8. Payment of Fees: OpenDrive offers its Service, as described on the OpenDrive website (www.opendrive.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to OpenDrive by authorized credit card or by PayPal. The Fees applicable for the Service are available at www.OpenDrive.com and as published within the Service. OpenDrive reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail). Your authorized credit card will automatically be charged Fees on the 1st of the month, or the expiration of the initial trial period, if any, whichever is earlier. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on or about the 1st day of your subscription billing cycle. You may cancel your subscription at anytime through OpenDrive Support. In the event you cancel the Service, OpenDrive will not refund any Fees already paid by you (monthly or annual fees). You must cancel your Paid account twenty-four (24) hours before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. Your cancellation will be effective immediately upon receipt of cancelation confirmation. Your OpenDrive account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than 30 days. OpenDrive may impose a charge to restore archived data from delinquent accounts. law otherwise provides, surrender of rights must be explicit, but if stated in the terms and conditions, loss of rights such as privacy, free comment, etc. can indeed be contracted away. Commercial use is prohibited, personal use only. However the opening paragraph (in capitals) acknowledged that the service could be obtained on behalf of and for a organization such as a for-profit corporation. This is allowed as long as the corporation does not resale the storage and other features of the service. A waiver of liability for “correspondence, purchase or promotion between you and any such third-party.” A waiver of liability for linked sites. Fees may change with 30 days email notice (effective when sent?). Monthly fees are deducted automatically. Users may cancel but no refund for any automatic payments (see above) already charged. To avoid this cancellations must occur before 24 hours before the next automatic payment is deducted. Suspension can occur if attempted automatic charge is refused by the user’s credit card company. No notice provided that this has occurred and the user’s service may then be “suspended, archived or purged.” Notice this is not a termination per se so a user could still owe OpenDrive the delinquent If you believe OpenDrive has billed you incorrectly, you must contact OpenDrive no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to OpenDrive's Customer Support department (support@OpenDrive.com). Please remember that OpenDrive bills you immediately for the extra features you order. If you choose to cancel the extra features after your card has been billed for the month, you will not be reimbursed for the days you did not use the features. 9. Trial Offers, Coupons, Credits, and Special Offers: OpenDrive reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. 10. User Conduct: You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service. OpenDrive has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, OpenDrive reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. 11. Account Information and Data: OpenDrive does not own any data, information or material that you submit to the Service or store in your account ("Data"). OpenDrive will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. OpenDrive may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not OpenDrive, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and OpenDrive shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure amount. Instructions on contact for billing inquiries. No refund for extra features ordered then cancelled. No promise of continued availability of coupons, credits or special offers. A lengthy list of restrictions of content. While OpenDrive does not monitor use, it reserves the right to do so. Open drive claims no ownership of user content and will not share user information with others. A waiver of liability for “deletion, correction, destruction, damage, loss or failure to store” content by a user. to store any Data. 12. Termination: OpenDrive, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to OpenDrive at any time; however, you will not receive a refund of any portion of your fees paid to OpenDrive. Upon termination by OpenDrive or at your direction, you may request a file of your Data, which OpenDrive will make available for a fee. You must make such request at the notification of termination to receive such file at the time of the cancelation request. Upon termination of an account, your right to use such account and the Service immediately ceases. OpenDrive shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party. 13. Proprietary Rights: Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that OpenDrive or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. OpenDrive and/or other OpenDrive products and services referenced herein are either trademarks or registered trademarks of OpenDrive. 14. Indemnification: You shall indemnify and hold OpenDrive and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement. 15. Disclaimer of Warranties: OPENDRIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. OPENDRIVE DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERRORFREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OPENDRIVE. Termination is possible upon breach of any term. No refund if a user terminates. If termination occurs, a user may obtain their data, but must pay a fee for it. Upon termination OpenDrive has “no obligation to maintain any Data stored in your account or to forward any Data to you or any third party” so apparently you can request your data for a fee but you might not be able to obtain it. OpenDrive claims ownership in its intellectual property rights. Users are required to indemnify OpenDrive. Disclaimer of warranty related to quality of the service or content. Waiver of other warranties of sale such as merchantability, fitness, etc. Most important OpenDrive disclaims that content provided is free from infringement.(“”OR NONINFRINGEMENT OF THIRD PARTY RIGHTS”). The service and content is provided “as is.” 16. Limitation on of Liability: IN NO EVENT WILL ANY OPENDRIVE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH OPENDRIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OPENDRIVE PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, OpenDrive is found responsible to any OpenDrive User for any reason whatsoever, OpenDrive's responsibility shall be limited to the amounts actually paid by such user the one (1) month period immediately preceding the event given rise for such claim for, and shall not include punitive damages or consequential or resulting damages of any nature. 17. European Users: By using the OpenDrive Services, Users in the European Union understand and consent to the processing of personal information in the United States. 18. Additional Rights: Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. 19. Modification to Terms: OpenDrive reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. 20. Choice of Law and Location for Resolving Disputes: These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. Limitation on bottom-line liability (damages). Some states prohibit waiver of some warranties. No arbitration, but the sole remedy is to cease using the service. If a court nonetheless finds OpenDrive liable the damages are limited to one month’s worth of charges. The U.S. has less stringent privacy laws than many countries in the EU. Again notice that some states may not allow disclaimer of warranties or limitations on liability. Terms can change at any time after posting an updated version on its website. Contrary to case law the user is responsible for “regularly reviewing” the site for changes. Use after posted change equal assent. Choice of law and choice of forum provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with OpenDrive or relating in any way to your use of the Services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving OpenDrive or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 21. General: No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and OpenDrive as a result of this agreement or use of the Service. The failure of OpenDrive to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OpenDrive in writing. OpenDrive has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and OpenDrive and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 22. Manual Data Backup Policy: OpenDrive provides manual data backup option to speed up backup process on your computer or servers with following terms: Authorization: You authorize OpenDrive, its employees, and agents, to conduct an evaluation of the data provided to us to determine backup timing. Legal Rights: You are the legal owner, representative, or otherwise has a legitimate right to the property or act on the owners behalf and all data contained therein sent to OpenDrive. Liability: OpenDrive assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will OpenDrive be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if OpenDrive has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. You and OpenDrive agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to backup satisfactory data. We will provide a storage drive for manual backup, after a request has been made. OpenDrive reserves the right to charge your credit card or payment method $150 to compensate for the drive if the storage drive is not returned within 30 days of delivery. Confidentiality: We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. OpenDrive and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. OpenDrive provides an absolute NON DISCLOSURE By requesting a storage Agreement of exclusive and personal jurisdiction provision. Integration provision. Survivability provision. Non-waiver (of enforcement) provision. OpenDrive may assign. Users own their content. Disclaimer of liability (damages: “revenue or profits or any special, incidental, contingent, or consequential damages”) for loss of user content. Liability limited to the contract price. Data breaches may occur but user data is given the same protection as OpenDrive’s own data (“protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information”). drive to be sent to you for manual backup, you are agreeing to this policy. 23. Copyright Policy and Removal Policy: OpenDrive respects the intellectual property of others, and we expect our users to do the same. OpenDrive will respond expeditiously to claims of copyright infringement committed using the OpenDrive service and/or the OpenDrive website if such claims are reported to OpenDrive. OpenDrive, in its sole discretion, may terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed on a site hosted on OpenDrive or through its services, you should provide OpenDrive's Copyright Agent with DMCA Notice that includes the following information: Identification of the copyrighted work that you claim has been infringed; Identification of the material, including URL, that you claim is infringing. Your address, telephone number, and e-mail address; A statement declaring under penalty of perjury that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; the above information in your notice is accurate, and you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. OpenDrive's Copyright Agent for Notice of claims of Copyright infringement can be reached as follows: Copyright Agent OpenDrive, Inc. 228 Hamilton Avenue, 3rd Floor Palo Alto, California 94301 By email: support@opendrive.com Questions or Additional Information: If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@opendrive.com. Privacy Policy. INFORMATION WE COLLECT In order to provide our services, we collect the following types of information: 1. Registration and Profile Information. When you register to use our services or update your profile, we may collect various kinds of information about you including, your name and email address, and phone number. 2. Payment Information. Depending upon the type of account you create, we may also ask you for billing information. If you choose to use a paid account or service, our payment processing vendor collects your credit card information and billing address. 3. Automatically Collected Information. When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website. That information includes your computer's IP address, access times, your browser type and language, and referring Web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you. 4. Cookies. Similar to other websites we may also use cookies to collect information. The use of cookies enables us to enhance your experience on our website. A cookie is a small amount of data which is sent to your browser from a Web site's computers and stored on your computer's hard drive. Most browsers automatically accept cookies as the default setting. You can modify your browser setting to reject our cookies or to prompt you before accepting a cookie by OpenDrive complies with the DMCA takedown process. Indicates specific statutory requirements. The privacy policy is incorporated into the terms of the agreement. Open Drive collects registration and profile information, payment information, PC, IP address and related information, and cookies. editing your browser options. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Web site and services may not function properly. SHARING INFORMATION. We do not share your files stored on our servers with any third parties unless instructed by you and allowed by OpenDrive. However, we may disclose your personal information or any of its log file information when required by law. USE OF PERSONAL INFORMATION. The information provided in your account profile is used internally for support, to inform you about other information, events, promotions, products or services we think will be of interest to you, maintenance, and improvement of the OpenDrive service. For your safety and protection, your credit card information is not stored on our servers. Our payment gateway providers keep this information encrypted and secure on your behalf. In order to use the OpenDrive services you must be at least 18 years of age. You may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your "Profile." By using our services you consent to our collection and use of your personal information as described in this Privacy Policy. We may change this Policy from time to time. If we make any changes to this Policy, we will change the "last updated" date above. If you have any questions about this Privacy Policy, please contact us at support@opendrive.com. OpenDrive will respond to court order to disclose personal information. OpenDrive will of course use personal information to bombard a user with solicitations. There is a statement regarding financial information. Capacity to contract provision regarding minors. Use again equals assent regarding the collection of personal information and the Privacy Policy. Dropbox Terms of Use Available: https://www.dropbox.com/privacy#terms (accessed May 19, 2013). 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 th...
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