TERMS & CONDITIONS
Last Updated: Friday, January 13, 2017
By your registration, you have agreed to the following Terms and Conditions. You acknowledge that you have been given the opportunity to review these terms and consent to be bound by them.
You represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to: use these Services, and to form a binding contract with the Company. You understand that laws may vary by country, state, province or municipality. You acknowledge that you are solely responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of Sendergram.
Sendergram offers users a secure file sending service, subject to these terms and conditions. For the provision of these services, certain fees and service charges may apply. Currently we offer free and premium accounts. Payments are processed through Stripe. Current rates are available at our pricing page. Sendergram reserves the right to change rates, and offer promotions.
Through Sendergram, users can access and share content stored on 3rd party services, such as Dropbox, Box, and Google Drive. Sendergram does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
When you use our Services, you provide us with things like your files, contacts and so on (“Content”). Your Content is yours. These Terms do not give us any rights to Your Content except for the limited license and permissions necessary to carry out these Services. These licenses and permissions shall extend to our affiliates.
We are not responsible for Content posted or shared via Sendergram. Nor are we under and duty to ensure non-infringement and compliance with other laws and regulations.
If you believe any Content available via this Service infringes your copyright please provide a notice containing the following information:
(a) A signature of person authorized to act on behalf of copyright owner;
(b) A description of the copyrighted work you claim has been infringed;
(c) The location on Service where the material claimed may be found;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is unauthorized by copyright owner or the law; and
(f) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions. All changes are effective immediately when we post them. Your continued use of the Service following the revisions denotes you acceptance of the changes.
Upon choosing a username and password, you must treat such information as confidential, and you must not disclose it to any anyone. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username or password. You agree to notify us immediately of any unauthorized access to or use of your username or password. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any user account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Users are responsible for making all arrangements necessary to have access to the Service and providing accurate information at time of registration.
Intellectual Property Rights
The Service and its contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design thereof), are owned by the Company, and licensors (including our Users) of such material, including our Users and are protected by United States and international intellectual property laws.
If you print, copy, modify, download or otherwise provide any other person with access to any part of the Service in a manner not allowed by this Agreement, your right to use the Service will cease immediately and you must return or destroy any Content.
The Company name, the term Sendergram and all related names, logos and slogans are trademarks of the Company. Do not use them without our prior written permission.
In using this Service and related Services the following content standards and acceptable use policy shall apply. These content standards apply to your content and use of Services. Your Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your Content must not:
Deliver any unlawful (according to local, state, federal, or international law or regulation) content or any content that advocate illegal activity.
Deliver any content that could be considered harmful, obscene, pornographic, defamatory, abusive, threatening, harassing, hateful or otherwise objectionable.
Deliver any content that violates others' intellectual property rights, or rights to privacy or publicity.
Impersonate another person or falsely state your affiliation with a person or entity, if the purpose of doing so is to deceive, or defraud another.
Deliver any content containing personal information, such as phone numbers, social security numbers, account numbers, addresses.
Use this Sendergram service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Sendergram Service or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
We cannot undertake to review all material before it is posted on the Service. Accordingly, we assume no liability for any content provided by any user.
Some of our Services allow you to download client software ("Software"). So long as you comply with these Terms and Conditions, and any Policies or Licensing conditions we may present with future offerings, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. You agree not to reverse engineer or decompile the Services, or assist anyone in doing so.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THESE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT.
YOUR USE OF THESE SERVICE AND CONTENT OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTY WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. THE COMPANY DOES NOT REPRESENT THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, VIRUS OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN THE EVENT COMPANY IS HELD LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT, THE DAMAGES ARE LIMITED TO THE AMOUNT PAID TO COMPANY BY USER DURING THE ONE (1) MONTH PERIOD PRIOR TO THE DATE A CLAIM ARISES.
You agree to defend, indemnify and hold harmless Sendergram, Inc. from any claims, liabilities, damages, or expenses (including attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service.
Governing Law and Dispute Resolution
This Agreement will be interpreted under Delaware law. All disputes arising under this agreement shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber
Your Comments and Concerns
Please submit all inquiries to [email protected]
Thank you for visiting Sendergram.