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Sendboom Terms & Conditions

This Sendboom.com Service Agreement (the "Agreement") describes the terms and conditions on which Sendboom ("we" or "our company") offer services to you ("User" or "You"). By registering for or using Sendboom services, user agrees to be bound by the following terms and conditions. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, then you have no right to access or use of the Sendboom Services . Sendboom may modify this Agreement from time to time and such modification shall be effective upon posting by Sendboom on the Website. Your continued use of the Sendboom Services after Sendboom posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Sendboom reserves the right, in its sole discretion, to modify, remove, delete, suspend, or terminate, temporarily or permanently, your access to all or any part of the Sendboom Services at any time, for any reason, with or without prior notice or explanation, and without liability.

Sendboom services enable users to store and send any type of digital files ("User Files"). Sendboom offers different accounts according to your needs; depending on the size of the file that a user may store and send, the maximum number of days that a file will be stored, the maximum number of times a user may access the Service in a given period of time, and the maximum number of recipients to which a user may send a User File. Regardless of the foregoing, the features and limitations in effect when you began your then-current subscription term will remain in effect for the remainder of such subscription term.
Eligibility for Sendboom Services. Use of the Sendboom Services and registration to be a Member for the Sendboom Services ("Membership") is void where prohibited. By using the Sendboom Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Sendboom Services does not violate any applicable law or regulation.
Accounts. In order to use the Sendboom services, you must register and create a Sendboom account. You will be asked to choose a password. You are entirely responsible for safeguarding and maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You will notify Sendboom immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Payment. When you register for an account, and at any time thereafter, you can select what term of subscription you prefer and the frequency with which you will pay for it. Sendboom paid accounts are subscription services with recurring credit card charges on a daily/monthly/yearly basis (as selected by you during registration or subsequent configuration). For certain premium accounts, Sendboom may offer the choice of credit card payments or corporate account invoicing. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in relation to your use of the Service. For accounts setup on an invoice basis, you agree to pay Sendboom all amounts stated in such invoices within thirty (30) days of receipt. Also, you acknowledge that Sendbooom reserves the right to charge for any portion of the Sendboom Services and to change its fees from time to time in its discretion. If Sendboom terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Responsibility for Data. You are sole responsibility for all User Files that you store on Sendboom servers through use of the Service. You acknowledge and agree that Sendboom will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.
User Files and Sendboom's Copyright Policy. Sendboom respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Sendboom has the right to terminate, in its sole discretion, at any time the Membership of infringers. For further information, please see the Sendboom Privacy Policy.
Proprietary Rights.

All right, title, and interest in and to the Service is and will remain the exclusive property of Sendboom and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
Sendboom does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you make available through the Sendboom Services.
By making User Files available through the Sendboom Services, you hereby grant to Sendboom a non-exclusive (meaning you are free to license your Content to anyone else in addition to Sendboom), fully-paid and royalty-free (meaning that Sendboom is not required to pay you for the use on the Sendboom Services of the Content that you make available), sublicensable (so that Sendboom is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Sendboom Services), and worldwide (because the Internet and the Sendboom Services are global in reach).
Sendboom, the Sendboom logo, and all other Sendboom trademarks, service marks, product names, and trade names of Sendboom appearing on the Service are owned by Sendboom. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent.

Third Party Functionality. Certain features and functionality of the Service are implemented through use of software that is licensed to Sendboom by third parties, and incorporated in the Service.
Content/Activity Prohibited. The following are examples of the kind of activity that is illegal or prohibited on the Sendboom Website and through your use of Sendboom Services:
- Upload or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates 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); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that 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 any non-public areas of the Service or Sendboom's computer systems or the technical delivery systems of Sendboom's providers;
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Send junk mail, spam, chain letters, unsolicited mass mailing, instant messaging, spimming, spamming, or promotions or advertisements for products or services;
- Impersonate or attempt to impersonate another member, person or entity.
Sendboom reserves the right to investigate and take appropriate legal action against anyone who, in Sendboom's sole discretion, violates this provision, including without limitation, removing the offending Content from the Sendboom Services and terminating the Membership of such violators. Sendboom may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Sendboom has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Sendboom reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Sendboom considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
Links. Sendboom website may contain links to other websites. Sendboom is not responsible the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Sendboom. Inclusion of any linked website on the Sendboom Services does not imply approval or endorsement of the linked website by Sendboom. When you access these third party sites, you do so at your own risk. Sendboom takes no responsibility for third party advertisements or third party applications that are posted on or through the Sendboom Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Termination. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Sendboom Services or are a Member. You may cancel a paid account at any time in your account settings on the website. For accounts billed annually, if you cancel within fourteen (14) days of the beginning of the annual term, Senboom will convert your account to a free account and refund to you 90% of the subscription fees paid for the then-current term. If you cancel an account that is billed on a monthly basis, or you cancel an annual account after the first fourteen (14) days, Sendboom will not refund any fees paid by you. Instead, your account will remain active for the remainder of the term for which you paid and will then be converted to a free account. Sendboom reserves the right to discontinue the Service or to change the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability except that Sendboom will provide notice of such discontinuation to corporate account holders. In the event of such discontinuation by Sendboom, Sendboom will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, for annual accounts, that period is one year. If you breach this Agreement, Sendboom will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Sendboom will not be required to refund any fees paid by you.
Disclaimer of Warranties. You expressly understand and agree that: (a) your use of the Service is at your sole risk. Sendboom Services are provided on an "as is" and "as available" basis. Sendboom and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Sendboom and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Sendboom makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
Indemnity. You agree to defend, indemnify and hold Sendboom, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against any damages, losses, liabilities, claims, demands, and expenses including, without limitation, reasonable accounting and legal fees, made by any third party due to or arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
Limitation of Liability. In no event shall Sendboom be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Controlling Law and Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia, without regard to its conflict of law provisions. You and Sendboom agree to submit to the exclusive jurisdiction of the courts located within the State of Virginia to resolve any dispute arising out of the Agreement or the Sendboom Services.
Entire Agreement. This Agreement is the entire and exclusive agreement between you and Sendboom regarding the use of the Sendboom Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sendboom services, affiliate services or third-party content software or services.
Other. You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Nothing in this Agreement shall constitute a partnership or joint venture between you and Sendboom. In the event that any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Sendboom may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of Sendboom to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.