myVdrive Terms and Conditions
The following document outlines the Service Agreement between you ("The User") and all services provided by myVdrive.com. By using our free service you ("The User") agree to and are bound by the terms and conditions in this document.
- myVdrive.com and the service we provide is provided "as is". No warranty to the accuracy or reliability of this service is given. We will however do our best to ensure our service remains intact.
- We reserve the right to disable any and all files which abuse or violate our system or services. We also reserve the right to remove any file"s link hosted on our service.
- myVdrive.com is for everyone, therefore you must abide by your local laws and regulations before using this service.We do not allow pornographic material, warez, illegal mp3"s, or any file upload which may violate copyright laws in your region, Canada or the United States. Do not upload illegal content or it will be removed!
- If you are caught abusing or violating these terms and conditions your IP may be subject to ban on any/all of myVdrive.com services. You are personally responsible for the content you upload. Read the DMCA for more information on internet copyright laws and regulations.
- You may not tie into our service with any third party software without the express written consent of myVdrive.com. All violators are subject to service banning.
- myVdrive.com does its best to distribute your files to other filehost in their original condition however, we are not liable for lost or corrupt files. We are not liable for any money loss or damages done to you, your computer, or your business through the use of our service. We make no claims of future reliability in sharing, storing, or hosting any of your files, however we do try our best to ensure our service remains 100% functional.
- You acknowledge and agree that you give myVdrive.com permission to send your specified file to the Third Party Services on your behalf and that you agree to the Terms of Service of the Third Party Services.
PREMIUM Membership Fees.
Upon registering for the PREMIUM Services and providing the requisite PREMIUM Services Registration Data, the credit or debit card that you provided during registration or updated at a later date (Active Credit Card), your PayPal® account, as applicable, will be charged the applicable amount depending on the PREMIUM Membership package selected.
(a) When you select a thirty (30) day PREMIUM Membership, your Active Credit Card, or your PayPal® account, as applicable, will be charged Nine Dollars (US$9.00).
(b) When you select a ninety (90) day PREMIUM Membership, your Active Credit Card, or your PayPal® account, as applicable, will be charged Twenty-Five Dollars (US $25.00).
(c) When you select a hundred and eighty (180) day PREMIUM Membership, your Active Credit Card, or your PayPal® account, as applicable, will be charged Thirty-Five Dollars (US $35.00).
(d) When you select a three hundred and sixty-five (365) day PREMIUM Membership, your Active Credit Card, or your PayPal® account, as applicable, will be charged Fifty-Five Dollars (US $55.00).
(e) When you select a seven hundred and thirty (730) day PREMIUM Membership, your Active Credit Card, or your PayPal® account, as applicable, will be charged Eighty-Nine Dollars (US $89.00).
Items (a) through (e) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Active Credit Card bill, or your PayPal?account, as applicable, as "myVdrive.com"
All Fees for items (a) through (e) are payable in United States currency. Failure to use the PREMIUM Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of myVdrive.com in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), myVdrive.com reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
myVdrive.com"s™ authorization to provide and bill for the PREMIUM Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. myVdrive.com"s?reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your PREMIUM Member account may be deactivated, and access to the Site and/or Services denied, for non-payment.
Cancellation of Membership.
You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Services and cancel the subscription with the applicable payment processor, if any. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with myVdrive.com. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 herein below shall immediately terminate. The following conditions apply to any PREMIUM Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by myVdrive.com.
(a) Any registered User is authorized to participate in myVdrive"s Affiliate Program. myVdrive is entitled to design the substance of the Affiliate Program and the remuneration models in its free discretion, and to modify such at any time with prospective effect. myVdrive shall be entitled to restrict the validity of benefits in time and to specify a period at the end of which such benefits shall lapse. No interest shall be payable on any benefits, in particular on the myVdrive credit account.
(b) myVdrive publishes the current and updated contents of its Affiliate Program and the remuneration models at http://www.myVdrive.com/Public/makemoney
(d) Users are not permitted:
- To procure or cause myVdrive to grant benefits under myVdrive"s Affiliate Program by violating applicable law or breaching these TOS, or
- To obtain the grant of benefits under the Affiliate Program by fraud or
- To circumvent the terms and conditions of the Affiliate Program.
- To upload illegal Content on myVdrive, including but is not limited to:
- Content which infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person;
- Content which contains software viruses or other programming (code, scripts, active content, and other software) designed to disrupt or deny operation, gather information that leads to loss of privacy or exploitation, gain unauthorized access to system resources, limit the functionality of any computer software, hardware or telecommunications equipment and other abusive behaviour;
- Content which violates legislation regarding the distribution of pornography, human and child exploitation, racism, manufacture or sale of weapons and/or illegal substances, or in any other way is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another"s privacy, hateful, or racially, ethnically or otherwise objectionable.
(e) In the event of a breach of sec. (d) hereof, myVdrive is entitled to withdraw benefits which have been granted and - to the extent necessary and appropriate - to temporarily block that User"s access or to exercise extraordinary termination of its agreement with the User in cases of repeated breach and after having given a warning to no avail.
Any attempt by any individual, whether or not an myVdrive.com customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and myVdrive.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Representations and Warranties.
Member hereby represents and warrants to myVdrive.com that: (a) the Agreement constitutes Member"s legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member"s performance under the Agreement, the Member Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Member Content and any use thereof.
You agree to indemnify and hold myVdrive.com, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys" fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the myVdrive.com Content in any way; (b) your breach of the Agreement; (c) the Member Content; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section are for the benefit of myVdrive.com, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties.
THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, myVdrive.COM MAKES NO WARRANTY THAT THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. myVdrive.COM WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, FILE MANAGER AND/OR MEMBER CONTENT URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myVdrive.COM OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT myVdrive.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF myVdrive.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE myVdrive.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF myVdrive.COM TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR myVdrive.COM MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND myVdrive.COM. ACCESS TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS myVdrive.COM"S?LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third Party Websites.
The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. myVdrive.com does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by myVdrive.com of the applicable website or any association with the website"s operators. Because myVdrive.com has no control over such websites and resources, you agree that myVdrive.com is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that myVdrive.com shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
You are responsible for safety of the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify myVdrive of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to myVdrive, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Documents and other content in the Services may be protected by intellectual property rights of others. Please don’t copy, upload, download, or share files unless you have the right to do so. You, not myVdrive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not myVdrive, are responsible for maintaining and protecting all of your files. myVdrive will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your files.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
How to Contact Us.
If you have any questions about the Agreement or about the practices of myVdrive.com, please feel free to contact us here.