This is an agreement between you and SAAS Photo regarding the SAAS Photo Cloud Drive service and associated software. Once you buy the Service, you will be bound by the Agreement until either you or SAAS Photo terminates the Agreement.
Cloud Drive Service
The Service provides storage, retrieval, management and access features and functionality for your files ("Your Files"). By using the Service, you are directing us to store, manage, and provide access to Your Files on your behalf.
You may use the Service only to store, retrieve, manage, and access Your Files using the features and functionality we make available. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to resell any part of the Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
The Service may provide features that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.
The Service offer has variating paid plans, which have different storage capacity limits, bandwidth and fees (each a "Service Plan").
The price stated does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Service. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan.
nless there is 30 day prior notification from the date of renewal that you want to cancel, your paid service will automatically renew at the end of the term. Once you sign up you authorize us to start your service plan and charge you the amount of the service and continue service until it is canceled, even after the renewal date using the information we will have on your record. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan.
You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card.
Use of the Service
You may only use your Service Plan in connection with one SAAS Photo account. You may not share your SAAS Photo username and password with others or use anyone else's SAAS Photo username and password. You are responsible for maintaining appropriate security and protection of Your Files.
The Service is operated in the United States. We may restrict access from other locations. There may be limits on the types of content you can store using the Service, such as file types we don't support, and on the number or type of devices you can use to access the Service. If you exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit, we may delete or restrict access to Your Files. We may impose other restrictions on use of the Service.
We may use, access, and retain Your Files in order to provide the Service to you and enforce the terms of the Agreement, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Files for backup purposes, modify Your Files to enable access in different formats, use information about Your Files to organize them on your behalf, and access Your Files to provide technical support. Ortery respects your privacy and Your Files are subject to the SAAS Photo Privacy Notice.
Changes, Suspension and Termination
We may change, suspend or discontinue the Service, or any part of it, at any time without notice. If we discontinue the Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan.
Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access your files and you will not receive any refund of fees or any other compensation.
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. We may amend the Agreement at our sole discretion by posting the revised terms in the Service or on SAAS Photo, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Service or the Software after any amendment evidences your agreement to be bound by it.
Any dispute or claim arising from or relating to the Agreement or the Service is subject to the binding arbitration. You agree to those terms by entering into the Agreement or using the Service. As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.