Vehera may modify the Agreement which will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement. If you are dissatisfied with anything related to the Storage Made Easy service, your sole remedy is to discontinue use of the Services. You use the Services of Vehera at your own risk.
In the event that Vehera on-site software is being used, either through commercial, free or trial use, all terms apply unless otherwise stated as being applicable only to the hosting service.
THIRD PARTY SOFTWARE. Vehera Enterprise on-site Software may include software under license from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt or a readme file in the root of the hosted Appliance software directory. Please contact Storage Made Easy support if you cannot find a Third Party License.
You acknowledge that the Vehera Software and Services contains various materials and content, without limitation, the "Content", provided either by Vehera, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by Vehera LTD and /or its contributors and may not be copied in whole or in part. All Content on the Services is copyrighted as a collective work of Vehera LTD pursuant to applicable copyright law. You may download, copy and make personal, non-commercial use of the Content permitted by the United States Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not retain or store any significant portion of any Content. You will comply with laws regarding transmission of data.
You may upload on the Storage Made Easy hosted Service Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Vehera LTD and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content. This is not applicable to on-site users of the Storage Made Easy Enterprise or persona cloud appliance who acknowledge they manage their own risk and liability for content when using, or making accessible to third party users, the SME software and any content uploaded or shared.
You acknowledge the right for Vehera to audit content that you have made publicly available, via the Storage Made Easy hosted service, to ensure that it does not infringe copyright. If such content is discovered the content will be immediately made private and your account may be suspended. This is not applicable on-site users of the Storage Made Easy Enterprise on-site Appliance or the Personal Cloud appliance who are responsible and liable for their own use of the service and the content uploaded and shared therein.
If your copyrighted or trademarked works are on the Storage Made Easy website via the hosted service, without your permission, please contact firstname.lastname@example.org describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed immediately after notice with sufficient information.
You control your data through its generated link via a hosted Storage Made Easy account and/or cookies which may be placed on your computer. Vehera bears no responsibility for maintaining your data indefinitely on its hosted services.
You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Vehera will not be liable for any losses you might suffer, you may be liable for the losses of Vehera or others.
You acknowledge that in the event that Vehera is asked to investigate an issue either through its support channel or by some other means then Vehera may access your hosted account and data as part of its investigation into support issues raised.
Vehera does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Vehera may, in its sole discretion, correct any errors or omissions in any Content. Storage Made Easy Content may contain links to external sites; however, Vehera is not responsible for any availability of or the content on or through any external site.
You are solely responsible for your interactions with other users of the Services. Any views expressed on the hosted service or website do not reflect the views of Vehera.
Vehera reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying its Hosted Services, and may suspend or terminate a users account, whether paid or free, at its sole discretion. Complaints about violators of our policies should be sent to email@example.com. Each complaint will be investigated and appropriate action will be taken.
Vehera offers various hosted packages aimed at individuals and also teams or knowledge workers. Individual packages are only permitted to be used for individual use, either personally or personally within a business context. They are not to be used by teams, nor to be used to automate business processes. Vehera reserves the right to determine what is a breach and take appropriate action which may include account suspension or termination. This is applicable only to the Storage Made Easy hosted SaaS services.
Vehera also provides a Lifetime pricing or 'one time' pricing scheme (as opposed to monthly payments) for its hosted service. This pricing is subject to a yearly support and maintenance fee from year two and can be subject to change at Vehera's discretion. The lifetime or one-time pricing can be withdrawn at Vehera's discretion. The pricing for the forthcoming year's maintenance and support can be viewed from a users DashBoard after login to the web. This is applicable only to the Storage Made Easy hosted SaaS services.
Although Vehera's hosted personal and business packages offer an unlimited bandwidth use this is subject to a 'fair usage' policy. A small number of users can be responsible for generating large volumes of traffic on our service, which can impact the service we offer to our other customers so Vehera reserves the right to cap ,suspend or terminate accounts that breach the fair usage policy. This is applicable only to the Storage Made Easy hosted SaaS services.
You acknowledge that Vehera may, in its sole discretion, be the sole arbiter of any hosted account ownership dispute and that Vehera's decision (which may include termination or suspension of any account subject to dispute and/or report to any other bodies having competent jurisdiction over the issue) shall be final and binding on all parties. This is applicable only to the Storage Made Easy hosted SaaS services.
If a user cancels an account the account through Storage Made Easy or through Paypal then the account will be terminated immediately. This is applicable only to the Storage Made Easy SaaS services.
Vehera may change, suspend or discontinue all or any aspect of its hosted services at any time, including the availability of any cloud provider, feature, database, App, or Content, without prior notice or liability.
If an online hosted account is de-activated and then re-activated the re-activation charge will be the subscription fee that was previously setup for the account. This will use the prior merchant gateway information. This is applicable only to the Storage Made Easy SaaS services.
The Storage Made Easy service may contain links to third party websites. By use of the Services, you expressly relieve Vehera from any and all liability arising from your use of any third-party website.
NEITHER Vehera NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT ITS HOSTED SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER VEHERA NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER VEHERA NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. Vehera IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AUP.
You agree to indemnify, defend and hold Vehera and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any Vehera Party in connection with any Content or use of the hosted Services or Software, whether via your password and by any other person, whether or not authorized by you. Vehera reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Vehera's defense of such claim.
NEITHER VEHERA NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Storage Made EasyS AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Storage Made Easy AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, Storage Made Easy AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
THE VEHERA ENTERPRISE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, VEHREA AND VEHERA'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
To Use Vehera's Enterprise on-site Software provided as an upgrade, update, or supplement (collectively “Upgrade”), you must first be licensed for the original Vehera Software identified by Vehera as eligible for the Upgrade. To the extent the Upgrade supersedes the original Vehera Software, you may no longer use such Vehera Software. This EULA applies to each Upgrade unless Vehera provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
This Agreement shall be construed in accordance with English law, without reference to principles of choice of law. You and Vehera each irrevocably consent to the personal jurisdiction of the courts located in London, England ("Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
Please e-mail reports of any TOS violations to firstname.lastname@example.org