Unformatted Attachment Preview
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...