Where the context admits: "DigitalSafe", "We", "Our" & "Us" includes DigitalSafe as a service of GlobeX Data S.A., Geneva, Switzerland and its affiliated companies. DigitalSafe is an online and mobile cloud storage service that allows Members to store passwords and files online, access them remotely and share them with other DigitalSafe Users and non DigitalSafe Users.
The services offered by DigitalSafe include the www.DigitalSafe.ch website and other websites operated by DigitalSafe (the "DigitalSafe Websites"), the DigitalSafe software applications (“Applications”) and any other features, content, or applications offered from time to time by DigitalSafe in connection with the DigitalSafe Websites (collectively, the "DigitalSafe Services").
DigitalSafe may modify this Agreement from time to time and such modification shall be effective upon posting by DigitalSafe on the DigitalSafe Websites. DigitalSafe will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with DigitalSafe. You agree to be bound to any changes to this Agreement when you use the DigitalSafe Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
1. Use Of The DigitalSafe Services
Use of and Membership in the DigitalSafe Services is void where prohibited.
By using the DigitalSafe Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you are 18 years of age or older;
- your use of the DigitalSafe Services does not violate any applicable law or regulation;
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify DigitalSafe 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.
You will not use the DigitalSafe services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
Without limiting the foregoing, you will not use the DigitalSafe services for any of the following activities:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spimming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the DigitalSafe Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the DigitalSafe Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
- any automated use of the system, such as using scripts to add friends or copy files;
- interfering with, disrupting, or creating an undue burden on the DigitalSafe Services or the networks or services connected to the DigitalSafe Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your Membership;
- using any information obtained from the DigitalSafe Services in order to harass, abuse, or harm another person;
- using the DigitalSafe Services in a manner inconsistent with any and all applicable laws and regulations;
- We shall use our reasonable efforts to make available to you at all times the DigitalSafe Services but we shall not, in any event, be liable for interruptions to or unavailability of the DigitalSafe Services.
1A. Use Of The DigitalSafe Services When Purchased from a Third Party via an online business application marketplace. ("Third Party")
The following additional terms apply if the end user purchases the application from a Third Party via a business application marketplace;
- All the Terms of this Agreement are between the end user and DigitalSafe, and not between end user and the Third Party or any of its partners.
- DigitalSafe and not the Third Party or any of its partners is solely responsible for the applicable Application,
- DigitalSafe, and not the Third Party or any of its partners, is solely responsible for any applicable warranty, support, product liability, intellectual property infringement, and similar obligations and liabilities with respect to the Application,
- End user is of majority age and capable of entering into a binding contract
- End users may contact DigitalSafe directly at listed, valid contact information.
- End users licenses or rights of usage are in no case granted for more than one year after the expiry of the last subscription.
- Contract between Third Party and End User.
- Free Trial Period - The Third Party will be entitled to commence charging as set out in paragraph 5 below, however the billing and payment terms including any minimum period of service will be as set out in the Third Party Contract.
- Termination – Additional termination conditions such as payment of any outstanding charges and any applicable charges may apply in the Third Party Contract, where the end user terminates the contract in accordance with paragraph 6 below.
DigitalSafe does not claim any responsibility for, or ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload to the DigitalSafe Services.
You represent and warrant that your uploading any Content to the DigitalSafe Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the DigitalSafe Services.
Without limiting the foregoing, you will not upload any Content to the DigitalSafe Services which:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, child pornography, bestiality, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses that;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have uploaded without that person's consent;
By using the facilities of the DigitalSafe Services to make Content available to other Users ("Shared Content") you represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section;
DigitalSafe assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the DigitalSafe Services.
You are solely responsible for the Content that you upload to the DigitalSafe Services, and any material or information that you transmit to other Members and for your interactions with other Users. DigitalSafe does not endorse and has no control over the Content. Content is not reviewed by DigitalSafe and does not necessarily reflect the opinions or policies of DigitalSafe. DigitalSafe makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
DigitalSafe assumes no responsibility for monitoring the DigitalSafe Services for inappropriate Content or conduct. If at any time DigitalSafe chooses, in its sole discretion, to monitor the DigitalSafe Services, DigitalSafe nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content.
The DigitalSafe Services contain Content of DigitalSafe ("DigitalSafe Content"). DigitalSafe Content is protected by copyright, trade secret and other laws, and DigitalSafe owns and retains all rights in the DigitalSafe Content and the DigitalSafe Services. DigitalSafe hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the DigitalSafe Content (excluding any software code) solely for your personal use in connection with viewing the DigitalSafe Website and using the DigitalSafe Services.
3. Copyright Policy
You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of DigitalSafe to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to DigitalSafe by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the DigitalSafe Services in a way that constitutes copyright infringement, please provide Us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the DigitalSafe Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
All charges payable by you for the DigitalSafe Services shall be in accordance with the scale of charges and rates published from time to time by Us on Our web site, errors and omissions excepted and shall be due and payable in advance of provision of the DigitalSafe Services.
We reserve the right to alter pricing including ceasing to offer elements of the DigitalSafe Services free of charge at any time. DigitalSafe will inform Members by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
Payment is due each anniversary month, quarter or year following the date the DigitalSafe Services were established until closure notice is given in accordance with 6.2. If you choose to pay by credit or debit card you authorize DigitalSafe to debit your account renewal fees from your card.
All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year at which point fees for the following month, quarter or year become payable. If you wish to cancel your contract with DigitalSafe, you must do so in accordance with clauses 6.1 – 6.3 before the renewal of your contract.
If your Membership is terminated in accordance with 6.3, you will be entitled to a pro rata refund based upon the remaining period of prepayment. You will not be entitled to a refund under any other circumstances. Any refund will be issued to the same payment source used for the initial payment.
5. Free Trial Period
Where services are offered on a "free trial" basis payment will be not be taken.
The renewal date for the contract shall be deemed to be one month, quarter or year following the advertised free trial period.
If you wish to cancel your contract during the free trial period you may do so in accordance with clause 6.2 below.
If you upgraded your service to a paid version prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.
6. Term and Termination
This Agreement shall remain in full force and effect while you use the DigitalSafe Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.
You may terminate your Membership at any time, for any reason via the Close Account form in the My Account section.
DigitalSafe may suspend the provision of DigitalSafe Services to you and/or terminate your Membership without notice to you if you:
- fail to pay any sums due to Us as they fall due.
- breach any term of this Agreement.
- are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
Use of the DigitalSafe Services is also governed by our Privacy Statement found on the DigitalSafe Websites.
You shall indemnify Us and/or Third Party and keep Us and/or Third Party indemnified and hold Us and/or Third Party harmless from and against any breach by you of this Agreement and any claim brought against Us and/or Third Party by a third party resulting from the provision of the DigitalSafe Services by Us and/or Third Party to you and your use of the DigitalSafe Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us and/or Third Party in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on the DigitalSafe Websites or through the DigitalSafe Services causes DigitalSafe to be liable to another.
9. Limitation of Liability
DigitalSafe will not be responsible for any incorrect or inaccurate Content uploaded to the DigitalSafe Websites or in connection with the DigitalSafe Services, whether caused by Users of the DigitalSafe Services or by any of the equipment or programming associated with or utilized in the DigitalSafe Services.
DigitalSafe is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the DigitalSafe Services or combination thereof.
DigitalSafe is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the DigitalSafe Services.
The DigitalSafe Website may contain links to other websites. DigitalSafe is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by DigitalSafe. Inclusion of any linked website on the DigitalSafe Services does not imply approval or endorsement of the linked website by DigitalSafe. When you access these third-party sites, you do so at your own risk. DigitalSafe takes no responsibility for third party advertisements which are posted on this DigitalSafe Website or through the DigitalSafe Services, nor does it take any responsibility for the goods or services provided by its advertisers.
DigitalSafe is not responsible for the conduct, whether online or offline, of any User of the DigitalSafe Services.
All conditions, terms, representations and warranties relating to the DigitalSafe Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Swiss law.
Nothing in these terms and conditions shall exclude Our liability for death or personal injury resulting from Our negligence.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the DigitalSafe Services shall be limited to the charges paid by you to DigitalSafe or to the Third Party in respect of the services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified Us of the claim within one month of it arising.
In no event shall We be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Any forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
This Agreement shall be governed by and construed in accordance with Swiss law and you hereby submit to the exclusive jurisdiction of the Swiss courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.