User Terms and Conditions
The “Zettabox” website, www.zettabox.com, and the services made available to you via the website are brought to you by Zettabox Holdings Limited, a company incorporated under the laws of Malta (the “Company”).
Zettabox has been designed with data protection in mind, to meet the most rigorous standards envisioned by the European Union. That data protection design includes “the right to be forgotten/right to erasure” and other functionality.
If you are a business user, you must make sure that you have appropriate authority to accept these Terms on behalf of any business that you represent as that business will also be deemed bound by your acceptance of the Terms.
If you do not agree to these Terms, please do not use Zettabox.
These Terms may be revised from time to time. A notice of any changes to these Terms will be posted on www.Zettabox.com. Once any changes have been posted, you agree to be bound by the revised Terms by making any further use of Zettabox.
Your use of Zettabox
1. Use of Zettabox is password protected, and you are responsible for maintaining the security of that password. You should change your password immediately if you suspect any unauthorised use has been made of it. As with all online services, you should also regularly change your password for security sake. You should also let Zettabox know of any unauthorised use because you are responsible for all activities that take place using your user profile.
2. You may wish to install the Zettabox application on your desktop, mobile, tablet or set top device to enable use of the service (“Device Software”). Use of Zettabox via the Device Software requires you to first download the Device Software and create a user profile. Zettabox will license the Device Software to you on a revocable, non-exclusive, non-transferable, royalty-free basis (save for any charges payable by you in respect of our paid services) solely in order for you to enjoy Zettabox. Zettabox may issue updates to the Device Software from time to time, which you may be required to install to continue to fully enjoy Zettabox via the Device Software.
3. Zettabox is not responsible for any errors that occur as a result of the download or use of the Device Software.
4. Except as permitted by the European Copyright Directive 2001/29/EC, you must not do anything that may be or is intended to result in the decompilation or reverse engineering of Zettabox or the Device Software or which may be or is intended to access any Content on Zettabox except as permitted by these Terms or otherwise with Zettabox’s consent.
5. As between you and us, you retain all rights to the Content that you upload to Zettabox. However, for the purposes of providing the Service to you and other users and fulfilling our rights and obligations under the Terms and the policies referred to in the Terms, by uploading Content you grant Zettabox an irrevocable, non-exclusive, transferable, royalty-free licence to use, display, reproduce, modify (e.g., re-format), re-arrange, and (to the extent that you share publicly) distribute your Content. You understand that by publishing your Content through means such as non-secure Share or in public areas on the website, the Content in this public area will be deemed non-confidential and all visitors to Zettabox will be able to see and use such Content.
6. You are entirely responsible for all your Content and your use of Zettabox. By uploading Content to Zettabox, sharing Content with other users and/or making any other use of Content via Zettabox, you confirm and warrant that you have the authority to do so and that none of your Content will breach anyone else’s rights (including their intellectual property rights, right to privacy and/or image rights). If you do not have appropriate authority, you must not upload that Content to Zettabox. If at any time you are no longer authorised to upload SPECIFIC Content to Zettabox, you must remove it immediately.
8. You must not knowingly or intentionally introduce viruses or other malicious or technologically harmful software onto Zettabox or otherwise make efforts to interfere with, disrupt or impair the functionality of Zettabox. You must not attempt to gain unauthorised access to Zettabox or any of Zettabox’s servers or databases. You must not attack Zettabox through a denial of service attack (distributed or otherwise). By breaching this term, you may be committing a criminal offence under the Computer Misuse Act 1990 or other equivalent legislation. Zettabox will report any such breach to the relevant law enforcement authorities, and Zettabox may disclose information about you (including relevant IP address information) to such authority or otherwise assist in their enquiries. Zettabox will not be liable for any loss or damage caused by any breach of this term, whether caused by you, another user or any third party.
9. Other users may allow you to access Content uploaded by them. You should take care when accessing information via Zettabox as it may contain viruses or other malicious or technologically harmful software that may infect or affect your computer hardware, programs or data.
10. Zettabox has no control (and takes no responsibility) over how the Content that you make available to other users will be used by them. You should only upload Content that you are comfortable with others using and which you have the right to share with third parties. You should also make a backup copy of all Content, as an added measure of safety, because Zettabox is not responsible for any lost Content.
11. Zettabox accepts no liability or responsibility to anyone for the legality, accuracy or completeness of any Content, whether uploaded by you or any other user. Zettabox does not endorse or take responsibility for any Content or any use made of it.
12. In the event of any breach of any of these Terms, your right to use Zettabox and your Device Software licence will cease immediately.
Zettabox’ rights and responsibilities
14. “Zettabox” is a trade mark of Zettabox Holdings Limited. Nothing in these Terms grants or is intended to grant to you any right, title or interest in Zettabox or any intellectual property rights contained therein. You may not use any of the Company’s trademarks, trade names, logos or goodwill without the Company’s written consent.
15. Zettabox reserves the right to suspend access to or remove any Content without notice. Zettabox operates an acceptable use and take-down policy (AUTDP), found at http://www.zettabox.com/legal, which enables third parties to notify Zettabox if any Content infringes their intellectual property rights. If a third party notifies Zettabox that any Content uploaded by you infringes their rights, Zettabox reserveS the right to remove that Content with immediate effect in accordance with the AUTDP. Zettabox will not be liable if for any reason any Content and/or Zettabox are unavailable at any time or for any duration.
Responsibility for Zettabox
16. Zettabox and the material displayed on Zettabox are provided “as is” and without any guarantees, conditions or warranties (express or implied).
17. To the fullest extent permitted by law, Zettabox (and its employees, agents, offices and affiliates) expressly exclude:
- all warranties and other terms and/or conditions that might otherwise be implied by statute, common law or equity; and
- liability for any loss or damage arising out of or in connection with the use of or inability to use Zettabox, whether direct, indirect or consequential, and including:
- loss, damage or corruption of data;
- loss of goodwill;
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of contracts; and
- loss of anticipated savings,
whether caused by tort (including negligence), breach of contract or otherwise, even if such loss or damage was foreseeable.
18. Zettabox’s total liability (in aggregate) for any damage caused by Zettabox for which the Company is responsible will be limited to the greater of €100 and the total fees paid by you to us for any Zettabox services in the three (3) months immediately preceding the events first giving rise to any such claim.
19. In using Zettabox, you agree to indemnify and hold harmless the Company, its subsidiaries and group companies and their respective officers, directors, employees, representatives and agents (together “Us”) against all losses, damages, claims, liabilities, costs and expenses suffered or incurred by Us as a result of your use of Zettabox, your Content and/or any breach by you of these Terms (including but not limited to breach of any warranties given by you under these Terms).
20. Nothing in these Terms excludes liability for:
- death or personal injury caused by negligence; or
- fraud or fraudulent misrepresentation.
22. If you are a non-paying registered user, Zettabox reserves the right to revoke access to your Free Account and delete your Content if you do not access your account at least once every 90 days.
23. If you are a paying user, Zettabox will retain your Paid Account and Content as long as you have a Paid Account in good standing with Zettabox, regardless of how often you access your Paid Account.
24. However, if you choose to use your “right to be forgotten/right to erasure” by selecting this option when connected to the Zettabox website, your personal information will be immediately expunged, and your account will not be recoverable.
25. These Terms will continue to govern the relationship between you and Zettabox even if you can no longer access any Content.
26. Nothing in these Terms is intended to create any partnership, agency or joint venture between you and Zettabox. Nothing in these Terms authorises you to enter into any commitments on our behalf.
27. You may not assign or transfer these Terms without our prior written consent.
28. No one, other than you and Zettabox, shall have any right to enforce any of these Terms.
29. No delay in enforcing any of our rights under these Terms shall be deemed as a waiver of such rights nor shall any waiver be deemed to waive any rights in respect of any subsequent or similar breaches.
30. If any court of competent jurisdiction finds any of these Terms invalid, illegal or unenforceable, that provision shall (to the extent required) be deemed to be deleted and the validity, legality and enforceability of the other terms shall not be affected.
31. These Terms and your use of Zettabox are governed by and construed in accordance with the laws of the Republic of Malta. Any disputes arising out of or in connection with the Terms (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Malta, although we have the right to bring proceedings against you for breach of the Terms in any other relevant country (including your country of residence).
32. If you have any queries about these Terms, please contact Zettabox at email@example.com or telephone +44 207193 4761. If you wish to report inappropriate Content or a potential breach of the AUTDP please follow the steps indicated therein https://zettabox.com/take-down-request.