Dropbox Terms of Service
These Terms of Service govern your access to and use of Dropbox's
website (the Site), any information, text, graphics, or other
materials created and/or provided by Dropbox and appearing on the Site (the Content),
Files (as defined below) and any services and/or software provided through the
Site or by Dropbox (the Services). These Terms of Service
limit Dropbox's liability and obligations to you, grant Dropbox certain rights
and allow Dropbox to change, suspend or terminate your access to and use of the
Site, Content, Files and Services. Your access to and use of the Site, Content, Files and/or Services
are expressly conditioned on your compliance with these Terms of Service. By
accessing or using the Site, Content, Files and/or Services you agree to be
bound by these Terms of Service.
YOU UNDERSTAND THAT BY CLICKING THE I AGREE
BUTTON, BY USING THE SITE, CONTENT, FILES AND/OR SERVICES OR YOUR ACCOUNT YOU
ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE
TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE,
CONTENT, FILES OR SERVICES. If you
agree to these Terms of Service on behalf of a business, you represent and
warrant that you have the authority to bind that business to these Terms of
Service and your agreement to these terms will be treated as the agreement of
the business. In that event, you and your will refer and apply to that
business.
Types of Accounts
Currently, Dropbox offers both a restricted free account (Free
Account) with a limited amount of storage and a paid premium account
(Premium Account). More information on the types of accounts
that Dropbox offers and the costs involved can be found here.
Please read this document in its entirety regarding account restrictions.
Dropbox reserves the right, at any time, to change or impose fees for access to
and use of the Site, Content, Files and/or Services.
Consent to Access Your Files
BY UTILIZING THE SITE, CONTENT, FILES AND/OR SERVICES, YOU CONSENT
TO ALLOW DROPBOX TO ACCESS YOUR COMPUTER TO ACCESS ANY FILES THAT ARE PLACED IN
THE 'MY DROPBOX,' 'DROPBOX' FOLDERS, AND/OR ANY OTHER FOLDER WHICH YOU CHOOSE
TO LINK TO DROPBOX. BY PLACING FILES IN YOUR SHARED FOLDER, YOU CONSENT TO
SHARE ACCESS TO THE CONTENT OF THOSE FOLDERS WITH THOSE OTHER DROPBOX USERS
THAT HAVE BEEN AUTHORIZED TO UTILIZE THOSE FOLDERS. BY PLACING FILES IN YOUR
PUBLIC FOLDERS, YOU CONSENT TO SHARE ACCESS TO THE CONTENT OF THOSE FOLDERS
WITH OTHER DROPBOX USERS AND/OR THE PUBLIC.
Files and Folders
Your
Files or User Files (collectively, the Files)
as used in this Agreement means the information contained in the files that you
or other users upload, download and access through the Site and Services.
You are the owner of Your Files and
are solely responsible for your conduct and the content of Your Files, as well
as any of the content contained in your communications with other Dropbox users,
including but not limited to User Posts (as defined below).
Dropbox allows you to share some or all of Your Files. If you
choose to, you can share all or some of Your Files with the general public, or
with specific individuals you select. If you decide to share Your Files, you
are giving certain legal rights, as explained below, to those individuals who
you have given access to your folders.
Dropbox does not claim any ownership rights in Your Files. You acknowledge
that Dropbox does not have any obligation to monitor the Files or User Posts
that are uploaded, posted, submitted, linked to or otherwise transmitted using
the Site or Services, for any purpose and, as a result, is not responsible for
the accuracy, completeness, appropriateness, legality or applicability of the
Files or anything said, depicted or written by users in their User Posts,
including without limitation, any information obtained by using the Site or
Services. Dropbox does not endorse anything contained in the Files or User
Posts or any opinion, recommendation or advice expressed therein and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you
have or may have against Dropbox with respect thereto.
Your Public Folder
While you own the content contained in Your Files, files placed in
your public folders are automatically available to other Dropbox users and to
the general public. By placing Your Files in your public folder, you hereby
grant all other Dropbox users and the public a non-exclusive, non-commercial,
worldwide, royalty-free, sublicensable, perpetual and irrevocable right and
license to use and exploit Your Files in your public folder. In other words, a
file in your public folder can be used by anyone, for any purpose except
commercial use. If you do not want other people to be able to use Your Files in
this manner, then simply do not place Your Files in your public folder. By
placing Your Files in your public folder, you agree
and acknowledge that Dropbox has no responsibility or obligation to monitor or
notify of you of any non-compliance related to the license you have granted and
that Dropbox has no responsibility to enforce or police, or aid you in
enforcing or policing, the terms of that license.
Your Shared Folder
While you own the content contained in Your Files, files placed in
your shared folders are available to those users to whom you grant access. By placing Your Files in your shared folder, you
agree and acknowledge that Dropbox
has no responsibility or obligation to monitor or notify of you of any
non-compliance related to the rights or license you may choose to grant to
other users who have access to your shared folders, if any, and that Dropbox
has no responsibility to enforce or police, or aid you in enforcing or
policing, the terms of the license(s) or permission(s) you have chosen to
offer.
Your Responsibilities
You represent and warrant that you own or have the necessary
licenses, rights, consents and permissions to grant the licenses that both your
public and shared folders require, as described above. Please note that moving
all or portions of Your Files from your public folders does not revoke the
license granted to those individuals who previously accessed those files.
You
should be aware that Files may be protected by intellectual property rights
which are owned by the Dropbox user whose folder (public or shared) that File
resides in. You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on the content(s) (either in whole or in part) of
another user's shared folder unless you have been specifically told that you
may do so by the rightful owner of that File, in a separate agreement.
You acknowledge and agree that you should not rely on the Site,
Content, Files and Services for any reason. You further acknowledge and
agree that you are solely responsible for maintaining and protecting all data
and information that is stored, retrieved or otherwise processed by the Site,
Content, Files or Services. Without limiting the foregoing, you will be
responsible for all costs and expenses that you or others may incur with
respect to backing up, and restoring and/or recreating any data and information
that is lost or corrupted as a result of your use of the Site, Content, Files
and/or Services.
Privacy
See Dropbox's Privacy Policy at http://www.getdropbox.com/privacy for information and notices
concerning Dropbox's collection and use of your personal information.
Account Security
You are responsible for safeguarding the password that you use to
access the Site, Content, Files and Services. You agree not to disclose your
password to any third party. You agree to take sole responsibility for any
activities or actions under your password, whether or not you have authorized
such activities or actions. You will immediately notify Dropbox of any
unauthorized use of your password. You acknowledge that if you wish to protect
your transmission of data and/or files to Dropbox, it is your responsibility to
use a secure encrypted connection to communicate with and/or utilize the Site,
Files and Services.
Your Use of the Services
Dropbox grants you a limited, nonexclusive, nontransferable,
revocable license to use the Site, Content, Files and Services subject to the
restrictions set forth in these Terms of Service.
Dropbox Property and Feedback
All right, title, and interest in and to the Site, Content, and
Services are and will remain the exclusive property of Dropbox and its
licensors, including all Intellectual Property Rights (as defined below)
therein, even if Dropbox incorporates any of your Feedback (as defined below)
into subsequent versions. The Site, Content, and Services are protected
by copyright, trademark, and other laws of both the United States and foreign
countries. Except as expressly permitted in these Terms of Service, you may not
reproduce, modify or prepare derivative works based upon, distribute, sell,
transfer, publicly display, publicly perform, transmit, or otherwise use the
Site, Content, or Services. You may not copy or modify the HTML or other code
used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the Feedback)
that you provide to Dropbox, in any form, and any contributions you make to the
Site by posting content and communicating with other Dropbox users via posts to
forums on the site (User Posts) will be the sole and exclusive
property of Dropbox. You hereby irrevocably transfer and assign to Dropbox and
agree to irrevocably assign and transfer to Dropbox all of your right, title,
and interest in and to all of your Feedback and User Posts, including all
worldwide patent rights (including patent applications and disclosures),
copyright rights, trade secret rights, and other intellectual property rights
(collectively, the Intellectual Property Rights) therein. At
Dropbox's request and expense, you will execute documents and take such further
acts as Dropbox may reasonably request to assist Dropbox in acquiring,
perfecting and maintaining its Intellectual Property Rights and other legal
protections for your Feedback and User Posts. You will not earn or acquire any
rights or licenses in the Site, Content, and Services or in any Dropbox
Intellectual Property Rights on account of these Terms of Service or your
performance under these Terms of Service.
General Prohibitions
You agree not to do any of the following while using the Site,
Content, Files or Services:
- Post, publish or transmit any text, graphics, or
material that: (i) is false or misleading; (ii) is defamatory; (iii)
invades another's privacy; (iv) is obscene, pornographic, or offensive;
(v) promotes bigotry, racism, hatred or harm against any individual
or group; (vi) infringes another's rights, including any intellectual
property rights; or (vii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil
liability;
- Access, tamper with, or use non-public areas of the
Site (including but not limited to user folders not designated as 'public'
or that you have not been given permission to access), Dropbox's computer
systems, or the technical delivery systems of Dropbox's providers;
- Attempt to probe, scan, or test the vulnerability
of any system or network or breach any security or authentication
measures;
- Attempt to access or search the Site, Content,
Files or Services with any engine, software, tool, agent, device or
mechanism other than the software and/or search agents provided by Dropbox
or other generally available third-party web browsers (such as Microsoft
Internet Explorer or Mozilla Firefox), including but not limited to
browser automation tools;
- Send unsolicited email, junk mail, spam, or chain
letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the
header information in any email or newsgroup posting, or in any way use
the Site, Content, Files or Services to send altered, deceptive or false
source-identifying information;
- Attempt to decipher, decompile, disassemble or
reverse engineer any of the software used to provide the Site, Content,
Files or Services;
- Interfere with, or attempt to interfere with, the
access of any user, host or network, including, without limitation,
sending a virus, overloading, flooding, spamming, or mail-bombing the
Site; or plant malware on Dropbox's computer system, those systems of
Dropbox's providers, or otherwise use the Site, Content, Files or Services
to attempt to distribute malware; or
- Impersonate or misrepresent your affiliation with
any person or entity.
Dropbox will have the right to investigate and prosecute
violations of any of the above, including intellectual property rights
infringement and Site security issues, to the fullest extent of the law.
Dropbox may involve and cooperate with law enforcement authorities in
prosecuting users who violate these Terms of Service. You acknowledge that
Dropbox has no obligation to monitor any user's access to or use of the Site,
Content, Files and Services, but has the right to do so for the purpose of
operating the Site and the Services, to ensure users' compliance with these
Terms of Service, or to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body.
Digital Millennium Copyright Act Compliance
You will only upload, post, submit or otherwise transmit data
and/or files: (i) that you have the lawful right to use, copy, distribute,
transmit, or display; or (ii) that does not infringe the intellectual property
rights or violate the privacy rights of any third party (including, without
limitation, copyright, trademark, patent, trade secret, or other intellectual
property right, or moral right or right of publicity). Dropbox has adopted and
implemented a policy that permits the deletion of files that violate this
policy, and that permits the termination in appropriate circumstances of the
accounts of users who repeatedly infringe or are believed to be or are charged
with repeatedly infringing the rights of copyright holders. Please see the Dropbox
Copyright Policy for further information at http://www.getdropbox.com/dmca.
Links
The Site may contain links to third-party websites or resources.
You acknowledge and agree that Dropbox is not responsible or liable for: (i)
the availability or accuracy of such websites or resources; or (ii) the
content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Dropbox of
such websites or resources or the content, products, or services available from
such websites or resources. You acknowledge sole responsibility for and assume
all risk arising from your use of any such websites or resources.
Termination
If you violate any of these Terms of Service, your permission to
use the Site, Content, Files and Services will automatically terminate.
Dropbox reserves the right to revoke your access to and use of the Site, Content,
Files and Services at any time, with or without cause, and with or without
notice. Dropbox also reserves the right to cease providing or to change the
Site, Content, Files or Services at any time and without notice.
Dropbox
reserves the right to terminate Free Accounts at any time, with or without
notice. Without limiting the generality of the foregoing, and without further
notice, Dropbox may choose to delete and/or reduce: (i) any or all of Your
Files if your Free Account is inactive for 90 days; and (ii) previous versions
and/or prior backups of Your Files.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, Files and
Services and is at your own risk. Dropbox will have no responsibility for any
harm to your computer system, loss or corruption of data, or other harm that
results from your access to or use of the Site, Content, Files or Services.
Dropbox is Available AS-IS
THE SITE, CONTENT, FILES AND SERVICES ARE PROVIDED AS IS,
WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, DROPBOX EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE
THAT USE OF THE SITE, CONTENT, FILE AND SERVICES MAY RESULT IN UNEXPECTED
RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER
UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO
UNINTENDED THIRD PARTIES.
DROPBOX MAKES NO WARRANTY THAT THE SITE, CONTENT, FILES OR
SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. DROPBOX MAKES NO WARRANTY REGARDING THE QUALITY OF
ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE,
CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE,
CONTENT, FILES OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
DROPBOX OR THROUGH THE SITE, CONTENT, FILES OR SERVICES, WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold Dropbox, its officers,
directors, employees and agents, harmless from and against any claims,
liabilities, damages, losses and expenses, including, without limitation,
reasonable attorneys' fees and costs, arising out of or in any way connected
with: (i) your access to or use of the Site, Content, Files and Services; (ii)
your violation of this Agreement; (iii) your violation of any third party
right, including without limitation any intellectual property right, including
but not limited to right of attribution, publicity, confidentiality, property
or privacy right; or (iv) any claim that Your Files, or your use of Files,
caused damage to a third party, including without limitation claims that Your
Files, or use of Files, infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL DROPBOX BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA,
BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR
FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT,
FILES AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT,
FILES OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DROPBOX HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DROPBOX IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU. FURTHER, DROPBOX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY
FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR
THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR
EXPOSED TO UNINTENDED THIRD PARTIES.
FREE ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF DROPBOX TO YOU FOR ANY
AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, FILES AND/OR SERVICES
IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DROPBOX AND
YOU.
PREMIUM ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF DROPBOX TO YOU FOR ANY
AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, FILES AND/OR SERVICES
IS LIMITED TO LOWER OF THE AMOUNTS YOU HAVE PAID TO DROPBOX DURING THE THREE
MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE SITE, CONTENT,
FILES OR SERVICES, OR ONE-HUNDRED ($100) DOLLARS. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
DROPBOX AND YOU.
Severability
In the event that any provision of these Terms of Service is held
to be invalid or unenforceable, the remaining provisions of these Terms of
Service will remain in full force and effect.
Waiver
The failure of Dropbox to enforce any right or provision of these
Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be
governed by the laws of the State of California without regard to its conflict
of law provisions. The exclusive jurisdiction and venue of any action with
respect to the subject matter of these Terms of Service will be the state and
federal courts located in San Francisco County, California, and each of the
parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Service are the entire and exclusive agreement
between Dropbox and you regarding the Site, Content, Services and Your
Files, and these Terms of Service supersede and replace any prior agreements
between Dropbox and you regarding the Site, Content, Services and Your
Files.