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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”), and any services and/or software provided through the Site (the “Services”). Your access to and use of the Site, Content, Services and/or Your Files (as defined below) are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Services and/or Your Files you agree to be bound by these Terms of Service.

Consent to Access Your Files

BY UTILIZING THE SITE, CONTENT, SERVICES AND/OR YOUR FILES, YOU CONSENT TO ALLOW DROPBOX TO ACCESS YOUR COMPUTER AND/OR ANY FILES THAT ARE PLACED IN THE ‘MY DROPBOX,’AND/OR ‘DROPBOX’ FOLDERS. BY PLACING FILES IN YOUR SHARED AND/OR PUBLIC FOLDERS, YOU CONSENT TO SHARE ACCESS TO THE CONTENT OF THOSE FOLDERS WITH OTHER DROPBOX USERS AND/OR THE PUBLIC.

Your Files

“Your Files” or “User 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.

While you own the content contained in Your Files, you hereby grant all other Dropbox users a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit Your Files in your public folder. In addition, you hereby grant Dropbox users who have been given access to your shared folder a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit Your Files in your shared folder. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant these licenses.

You acknowledge that Dropbox does not have any obligation to monitor the User Files or User Posts (as defined below) 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 User 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 User 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.

You acknowledge and agree that you should not rely on the Site, Content, Services and Your Files 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, or Services. Without limiting the foregoing, you will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Site, Content, Services and/or Your Files.

Modification of Terms of Service

You acknowledge and agree that Dropbox may revise these Terms of Service from time to time. By continuing to access or use the Site, Content, Services and/or Your Files after Dropbox makes any such revision, you agree to be bound by the revised Terms of Service. Dropbox reserves the right, at any time, to impose fees for access to and use of the Site, Content, Services and/or Your Files.

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, Services and Your Files. 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, Services and Your Files.

Your Use of the Services

Dropbox grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Services and Your Files solely for the purposes of testing and evaluation, subject to the restrictions set forth in these Terms of Service, and not for general use.

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 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, Services or Your Files:

• 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’), 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, Services or User Files 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, Services or User Files 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, Services or User Files;

• 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, Services or User Files to attempt to distribute malware.

• 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, Services and User Files, 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 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, Services and Your Files will automatically terminate. Dropbox reserves the right to revoke your access to and use of the Site, Content, Services and Your Files at any time, with or without cause. Dropbox also reserves the right to cease providing or to change the Site, Content, Services or Your Files at any time and without notice.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, Services and Your Files is at your own risk. Dropbox will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, Services or Your Files.

Dropbox is Available “AS-IS”

THE SITE, CONTENT, SERVICES AND YOUR FILES 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.

DROPBOX MAKES NO WARRANTY THAT THE SITE, CONTENT, SERVICES OR YOUR FILES 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, SERVICES OR USER FILES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DROPBOX OR THROUGH THE SITE, CONTENT, SERVICES OR USER FILES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Acknowledgment of Beta Test

You acknowledge and agree that: (a) the Site, Content and Services are not official products and have not been commercially released by Dropbox; (b) the Site, Content, Services and Your Files may not operate properly, be in final form or fully functional; (c) the Site, Content, Services and Your Files may contain errors, design flaws or other problems; (d) it may not be possible to make the Site, Content, Services and Your Files fully functional; (e) the information obtained using the Site, Content, Services and Your Files may not be accurate; (f) use of the Site, Content, Services and Your Files may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data and/or Your Files to unintended third parties; (g) Dropbox is under no obligation to release a commercial version of the Site, Content and Services; and (h) Dropbox has the right unilaterally to abandon development of the Site, Content, and Services, at any time and without any obligation or liability to you.

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, Services, Content and/or Your Files; (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 caused damage to a third party, including without limitation claims that Your Files are infringing.

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, services AND/OR YOUR FILES, OR FOR ANY ERROR OR DEFECT IN the Site, content, services OR YOUR FILES, 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 YOUR FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF DROPBOX TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, services AND/OR YOUR FILES 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, SERVICES OR YOUR FILES, OR ONE-HUNDRED 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.

If you have any questions about these Terms of Service, please contact Dropbox at legal@getdropbox.com.