DriveSync Terms of Service
Please read these terms of service (these "Terms") carefully as they form a contract between you and Virtual Density (We or Our) that governs your access and use of: (i) the hosted storage solution provided by Virtual Density for online storage, sharing and processing of files, data, text, audio, video, images or other content (collectively, "Content"); (ii) software provided or made available by Virtual Density (the "Software"); and, (iii) any written or electronic documentation provided or made available by Virtual Density (the "Documentation") (collectively the "Service(s)").
By using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Virtual Density that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Gladinet and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE.
To obtain access to certain Services, you may be required to obtain an account with Us, by completing a registration form and designating a user ID and password. When registering with Us you must: (a) provide true, accurate and current information about yourself as requested by the Service's registration form. If your contact information or other information related to your account, changes, you must notify Us promptly and keep your information current.
Only you may use your Service account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless We provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account, whether or not you authorized those activities. Virtual Density will not be liable for any loss or damage arising from any unauthorized use of your accounts.
If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account.>
You may stop using the Services at any time. We reserve the right, to temporarily suspend or terminate your access to the Service at any time at our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, We may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Us to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
Except for material that Virtual Density licenses to you, Virtual Density doesn't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We do not control, verify, or endorse the Content that you and others make available on the Service.
We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others, anyone you've shared content with (including the general public, in certain circumstances) may have access to your Content.
You hereby grant Virtual Density and its contractors the right, (i) to use, copy, transmit, distribute, store and cache your Content; and (ii) to copy, transmit, publish, and distribute to others the Content as you designate, whether through the sharing or public linking features of the Service, in each case solely to provide the Service to you, or as otherwise permitted by these Terms.
You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Section; and, (b) the storage, use or transmission of the Content doesn't violate any law or these Terms. You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Virtual Density will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
You must immediately notify Us in writing of any unauthorized use of any (a) Content (b) any Account or (c) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Us with such cooperation and assistance related to any such unauthorized use as Us may reasonably request.
If you receive Software from Us, its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software.
Any Software is licensed, not sold. Unless We notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software. You must not work around any technical limitations in the Software.
“DriveSync” "Virtual Density" and the DriveSync and Virtual Density logos are trademarks of Virtual Density, LLC and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.
All intellectual property rights in the Software, Documentation and Services are owned by VIRTUAL DENSITY or its licensors and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software, Documentation and Services.
As between Virtual Density and you, Virtual Density or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Us. In the event that you provide comments, suggestions and recommendations to Virtual Density with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback"), You hereby grant to Virtual Density a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.
We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Service.
The fees applicable for Service ("Fees") are available at the Site and as published within the Service. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay the Fees in the currency We quoted for your account. Virtual Density reserves the right to change the quoted currency at any time.
In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
You must be authorized to use the payment method that you enter when you create a billing account. You authorize Virtual Density to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.
You must keep all information in your billing account current. You can access and modify your billing account information from your account web portal at www.virtualdensity.com. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
Virtual Density reserves the right to change the price of the Service. If there's a specific length and price for your Service offer, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the new price. If you don't agree to these changes, you must cancel and stop using the Service via notification to Us through email at firstname.lastname@example.org no later than fourteen (14) days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your current Service period or, if we bill your account on a period basis, at the end of the period in which you canceled. If you fail to cancel as required, we will automatically renew the Service for the same term and will charge you payment information on file with us commencing on the first day of the renewal term.
If payment is not received by Virtual Density on the due date, user's account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by Virtual Density. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user's account will be deactivated and all files will no longer be retrievable.
Unless we notify you otherwise, if you're participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the Service.
Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
If you are currently on our free 14-day trial, you may cancel your account, free of charge, at any time until fourteen (14) days after your account was created. (The day of creation constitutes the first day of the 14-day trial.)
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY FLORIDA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF PALM BEACH COUNTY, FLORIDA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and Virtual Density with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.
These Terms create no third party beneficiary rights. Virtual Density’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Virtual Density may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Virtual Density and you are not legal partners or agents; instead, our relationship is that of independent contractors.