TERMS OF USE
This SMEStorage agreement, in conjunction with the Privacy Policy and
other terms and conditions of use which are incorporated herein by
reference and may be posted and applicable to specific services,
governs your use of the SMEStorage website and are collectively
referred to as the "Agreement".
SMEStorage may modify the Agreement which will become effective
immediately upon posting on the website. Your continued use of the
website and any associated services, the "Services", indicates your
acceptance of the Agreement. If you are dissatisfied with anything
related to the SMEStorage website, your sole remedy is to discontinue
use of the Services. You use the Services of SMEStorage at your own
risk.
SMEStorage Services are available to anyone over the age of 13, in
observance of and compliance with the Children's Online Privacy
Protection Act, who complies with the SMEStorage Agreement, AUP and
Privacy Policy. Anyone not in compliance may be removed and banned from
the Services without prior notice. SMEStorage reserves the right to
terminate your access to any and/or all parts of the Services at any
time for any reason without prior notice or liability. The terms of
this Agreement, AUP and Privacy Policy shall survive any termination of
your access to the Services.
You acknowledge that the Services contains various materials and
content, without limitation, the "Content", provided either by
SMEStorage, third party authors, developers and vendors and the
underlying intellectual rights, copyright and trademarks are owned by
SMEStorage and /or its contributors and may not be copied in whole or
in part. All Content on the Services is copyrighted as a collective
work of SMEStorage pursuant to applicable copyright law. You may
download, copy and make personal, non-commercial use of the Content
permitted by the United States Copyright Act and not otherwise
prohibited by any applicable law, rule or regulation; provided that you
maintain all copyright and other notices contained in such Content; and
provided that you shall not retain or store any significant portion of
any Content. You will comply with laws regarding transmission of data.
You may upload on the Services Content created by you or for which you
have received express permission from the owner so that other users may
view and download said Content. You assume all risk and liability for
the Content you upload. You grant, transfer and assign to SMEStorage
and its successors, assigns and licensees, FOR THE SOLE PURPOSE of
enabling us to make your Content available through the Service, a
fully-paid, royalty-free, irrevocable, perpetual, worldwide right and
license to publish, distribute, reproduce, transmit, use, translate and
archive the Content.
You, not SMEStorage, are solely responsible for the Content you upload
and store on any Storage Server accounts used by SMEStorage, or any accounts that you own, but access via SMEStorage.. You bear full responsibility and sole
liability for any lost or irrecoverable data. You understand and agree
that SMEStorage reserves the right to delete, move or edit any Content
that it may determine violates this Agreement, its AUP, Privacy Policy
or is otherwise unacceptable and may terminate your access to the
Services, without prior notice and at its sole discretion. You
understand that you may be exposed to offending Content and waive your
right to any damages.
If your copyrighted or trademarked works are on the SMEStorage website
without your permission, please contact abuse@SMEStorage.com describing
the work that has been infringed, where it is located on the website,
and provide your contact information and a statement, made under
penalty of perjury, that the information in your notice is accurate and
that you are the owner, or authorized by the owner, of the copyrighted
or trademarked work. Illegal files will be removed immediately after
notice with sufficient information.
You control your data through its generated link via your free account
and/or cookies which may be placed on your computer. SMEStorage bears
no responsibility for maintaining your data indefinitely.
You are responsible for maintaining the confidentiality of your access
information and are responsible for all activities that occur utilizing
your information. Although SMEStorage will not be liable for any losses
you might suffer, you may be liable for the losses of SMEStorage or
others.
SMEStorage does not represent or endorse the accuracy of any Content
and you acknowledge your use of Content is at your sole risk.
SMEStorage may, in its sole discretion, correct any errors or omissions
in any Content. SMEStorage Content may contain links to external sites;
however, SMEStorage is not responsible for any availability of or the
content on or through any external site.
You are solely responsible for your interactions with other users of
the Services. Any views expressed on the website do not reflect the
views of SMEStorage.
SMEStorage reserves the right to determine what is harmful to its
users, operations or reputation, including any activities that restrict
or inhibit any other user from using and enjoying the Services.
Complaints about violators of our policies should be sent to
abuse@SMEStorage.com. Each complaint will be investigated and
appropriate action will be taken.
SMEStorage may change, suspend or discontinue all or any aspect of the
Services at any time, including the availability of any feature,
database, or Content, without prior notice or liability.
SMEStorage may contain links to third party websites. By use of the
Services, you expressly relieve SMEStorage from any and all liability
arising from your use of any third-party website.
NEITHER SMEStorage NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY
WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR
CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS
AVAILABLE" BASIS. NEITHER SMEStorage NOR ANY THIRD PARTY MAKES ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICES.
NEITHER SMEStorage NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE
FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY
AND COMPLETENESS OF THE CONTENT. SMEStorage IS NOT RESPONSIBLE OR
LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR
FOR ANY VIOLATION OF ITS AUP.
You agree to indemnify, defend and hold SMEStorage and its affiliates,
and their respective officers, directors, owners, agents, information
providers and licensors harmless from and against any and all claims,
liability, losses, damages, costs and expenses, including attorneys
fees, incurred by any SMEStorage Party in connection with any Content
or use of the Services, whether via your password and by any other
person, whether or not authorized by you. SMEStorage reserves the
right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with SMEStorage's defense of such claim.
NEITHER SMEStorage NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SMEStorageS AGGREGATE
LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED
DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMEStorage AND
YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SMEStorage AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE
GREATEST EXTENT OF THE LAW.
This Agreement shall be construed in accordance with the laws of the
UK, without reference to principles of choice of law. You and
SMEStorage each irrevocably consent to the personal jurisdiction of the
courts located in London, England ("Courts") with respect to any
action, suit or proceeding arising out of or related to this Agreement
or to the Services and /or Content and waive any objection to venue in
any of the Courts for such as action, suit or proceeding; additionally,
you agree that you will not bring any such action, suit or proceeding
in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with respect to such
subject matter. If any inconsistency exists between the terms of this
Agreement and any additional terms and conditions posted on the
Services, such terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the additional terms and
conditions shall control. If any provision of this Agreement is held
invalid, illegal or unenforceable in any respect, (i) such provision
shall be interpreted in such a manner as to preserve, to the maximum
extent possible, the intent of the parties, (ii) the validity, legality
and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby, and (iii) such decision shall not affect
the validity, legality or enforceability of such provision under other
circumstances.
You accept that if you use the SMEStorage service that integrates with GMail
then Google may at any point decide to terminate your GMail account if they deem that
the usage violates their Terms of Use.
Please e-mail reports of any TOS violations to abuse@SMEStorage.com
