Files Dj — Terms of use

Files DJ Terms of Service

Posted: May 11, 2022

Effective Date: May 12, 2022

Thank you for using Files Dj! Our mission is to create a better way of working by providing an intuitive, unified platform to keep your content secure and accessible, and helping you and your coworkers stay aligned and in sync. These Terms of Use cover your use of and access to our Services, Client Software, and Services. If you live outside of the United States of America, Canada, and Mexico (“North America”), your agreement is with Files Dj International Unlimited Company. If you live in North America, your agreement is with RemixDrive, Inc. Our Privacy Policy explains how we collect and use your information, while our Acceptable Use Policy describes your responsibilities when using our Services. By using our Services, you agree to be legally bound by these Terms, our Privacy Policy, and our Acceptable Use Policy.

Your Files and Your Permissions

By using our Services, you provide us with your files, content, messages, contacts, etc. ("Your Files"). Your Files are yours. These Terms do not grant us any rights to Your Files, except for the limited rights that allow us to provide the Services.

We need your permission to do certain things, such as hosting Your Files, backing them up, and sharing them when you ask us to do so. Our Services also offer you features to reduce your workload, such as commenting, sharing, searching, image thumbnails, document previews, optical character recognition, the ability to easily sort and organize content, and customization. To provide these and other features, RemixDrive accesses, stores, and reviews Your Files. You give us permission to do all of these things, and this permission also applies to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content on the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download, or share content unless you have the right to do so.

Files Dj may analyze your conduct and content to verify compliance with these Terms and our Acceptable Use Policy. We are not responsible for the content that people post and share through the Services.

Help us protect Your Files. Protect your password for the Services and keep your account information up to date. Do not share your account credentials or grant access to your account to others.

You may use our Services only in compliance with applicable laws, including export control laws and regulations. Finally, to use our services, you must be at least 13 years old if you reside in the United States, and 16 years old if you reside anywhere else. If the law where you reside requires you to be of legal age for Files Dj to legally provide Services to you without parental consent (including use of your personal data), then you must be of the required age.

Additional Features

From time to time, Files Dj will add additional features to improve the user experience on our storage service at no additional charge. However, these free features will be removed without further notice.

Our Ownership

The Services are protected by copyright, trademark, and other U.S. and foreign laws. These Terms do not grant you any rights, ownership, or interest in or to the Services, other people's content on the Services, or Files Dj's trademarks, logos, or other brand features. We appreciate your feedback, but please note that we may use any feedback or suggestions without obligation to you.

Copyright

We respect the intellectual property of others and ask that you do the same. We respond to notices of alleged copyright infringement if they comply with the law and are reported to us in accordance with our Copyright Policy. We reserve the right to remove or disable content that allegedly infringes copyright and to terminate the accounts of repeat infringers. Our designated agent for notices of alleged copyright infringement relating to the Services is:

Paid Accounts

Billing. You may increase your storage space and add paid features to your account (convert your account to a “Paid Account”). We will automatically bill you for any additional fees.

from the date you have a paid account and on each recurring renewal until cancellation. If you have an annual plan, we will send you an email notice to remind you that your plan is up for renewal within a reasonable time before the renewal date. You will be responsible for all applicable taxes, and we will collect taxes where we are required to do so. Some countries have mandatory local laws regarding your cancellation rights. This paragraph does not override those laws.

Cancellation. You may cancel your Files Dj paid account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel a paid account subscription within 14 days of signing up, upgrading, or renewing the account.

Downgrading. Your paid account will remain in effect until cancelled or terminated in accordance with these Terms. If you do not pay your paid account on time, we reserve the right to suspend your paid account or remove features of your paid account.

Modifications. We may change the fees in effect when you renew your subscription to reflect factors such as changes in our product offerings, our business, or our economic situation. We will provide you with no less than 30 days' notice of these changes by sending a message to the email address associated with your account. This will allow you to cancel your subscription before the new fee takes effect.

Cancellation

You may stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice if:

You violate these Terms;
Your use of the Services poses a real risk of harm or loss to us or other users; or
You do not have a paid account and have not accessed our Services for 12 consecutive months.
We will provide you with reasonable advance notice via the email address associated with your account to resolve the issue we contacted you about and give you the opportunity to export Your files from our Services. If, after such notice, You fail to take the action we request, We will terminate or suspend Your access to the Services.

We will not provide notification or opportunities to export Your files prior to termination or suspension of access to the Services where:

You materially breach these Terms,
where doing so would create legal liability for Us or jeopardize Our ability to provide the Services to other users, or
where We are prohibited by law from doing so.
Interruption of Services

We may decide to interrupt the Services in response to extraordinary, unforeseen circumstances, events beyond RemixDrive's control (for example, natural disasters, fires, or explosions), or to comply with a legal requirement. In such event, We will provide You with reasonable advance notice to allow You to export Your files from our systems (We will provide You with no less than 30 days' notice whenever possible under the circumstances). If we discontinue the Services in this manner before the end of any fixed or minimum term you have already paid, we will refund to you the portion of the fees you have prepaid for which you have not yet received the Services.

"AS IS" Services

We strive to provide excellent Services, but there are certain things we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, RemixDrive AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some locations do not allow the disclaimers listed here, so they may not apply to you. For example, these disclaimers do not override legal protections, including statutory guarantees, afforded to consumers by EU law.

Limitation of liability

WE WILL NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU IF IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES ANY LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION BY Files Dj OR ITS AFFILIATES IN CONNECTION WITH THE PROVISION OF THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT PERMITTED, WE WILL BE LIABLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A FORESEEABLE AND REASONABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF THE CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE OMITTED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE A CONSUMER

IN THE EU OR THE UK, THESE TERMS DO NOT EXCLUDE RemixDrive'S LIABILITY FOR LOSSES AND DAMAGES ARISING FROM OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OUR BREACH OF THE CONTRACT WITH YOU, PROVIDED THAT THE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE PERMITTED, Files Dj, ITS SUBSIDIARIES, ITS SUPPLIERS OR ITS DISTRIBUTORS SHALL NOT BE LIABLE FOR:

INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF THE LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER Files Dj OR ITS SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, PROFIT OR RESALE PURPOSE, RemixDrive, ITS SUBSIDIARIES, ITS SUPPLIERS OR ITS DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. NEITHER FILES DJ NOR ITS SUBSIDIARIES ARE LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF USERS OF THE SERVICES.

EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (AS SET FORTH IN THIS SECTION), WE WILL LIMIT OUR LIABILITY TO YOU TO $20 OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH RemixDrive, WHICHEVER IS GREATER. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

Dispute Resolution

Let's try to come to an agreement first. We want to resolve your concerns without the need for a formal legal case. Before filing a claim against Files Dj, you agree to try to resolve the dispute informally by sending us a Notice of Dispute to [email protected] that includes your name, a detailed description of the dispute, and the relief sought. We will contact you by email to try to resolve the dispute informally. If the dispute is not resolved within 60 days of submission, you or Files Dj may initiate formal proceedings. If you live in the EU, the European Commission has an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

Judicial Forum for Disputes. You and Files Dj agree that any judicial proceeding to resolve claims in connection with these Terms or the Services will be brought in the federal or state courts located in San Francisco County, California, subject to the mandatory arbitration provisions below. You and RemixDrive each agree to the personal and territorial jurisdiction of those courts. If you live in a country (for example, a member state of the European Union) whose laws give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

Entire Agreement

These Terms constitute the entire agreement between you and RemixDrive with respect to the subject matter of these Terms, and supersede and replace all other prior or contemporaneous agreements or terms applicable to the subject matter of these Terms. Our past, present and future affiliates and agents may rely on our rights under this agreement in the event that they are involved in a dispute with you. Otherwise, these Terms do not confer any third party rights.

Waiver, Severability and Assignment

The failure of Files Dj to enforce a provision does not constitute a waiver of its right to do so later. If a provision is found to be unenforceable, all other provisions of the Terms will remain in full force and effect and the unenforceable provision will be replaced with an enforceable term that most closely reflects the intent. You may not assign any of your rights under these Terms. Any attempt to do so will be void. Files Dj may assign its rights to any of its subsidiaries or affiliates, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to more effectively reflect:

changes to laws,
new regulatory requirements, or
improvements to our Services.
If any update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the effective date of the update by sending an email to the email address associated with your account or by means of a notice embedded in the Terms.