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207 lines
12 KiB
Text
207 lines
12 KiB
Text
Dropbox Terms of Service
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Posted: January 22, 2015
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Thanks for using Dropbox! These terms of service ("Terms") cover your use and
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access to the services, client software and websites ("Services") provided by
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Dropbox, Inc. Our Privacy Policy explains how we collect and use your
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information while our Acceptable Use Policy outlines your responsibilities when
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using our Services. By using our Services, you're agreeing to be bound by these
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Terms, and to review our Privacy and Acceptable Use policies. If you're using
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our Services for an organization, you're agreeing to these Terms on behalf of
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that organization.
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Your Stuff & Your Permissions
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When you use our Services, you provide us with things like your files,
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content, email messages, contacts and so on ("Your Stuff"). Your Stuff is
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yours. These Terms don't give us any rights to Your Stuff except for the
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limited rights that enable us to offer the Services.
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We need your permission to do things like hosting Your Stuff, backing it up,
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and sharing it when you ask us to. Our Services also provide you with
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features like photo thumbnails, document previews, email organization, easy
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sorting, editing, sharing and searching. These and other features may require
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our systems to access, store and scan Your Stuff. You give us permission to
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do those things, and this permission extends to trusted third parties we work
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with.
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Sharing Your Stuff
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Our Services let you share Your Stuff with others, so please think carefully
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about what you share.
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Your Responsibilities
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You're responsible for your conduct, Your Stuff and you must comply with our
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Acceptable Use Policy. Content in the Services may be protected by others'
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intellectual property rights. Please don't copy, upload, download or share
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content unless you have the right to do so.
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We may review your conduct and content for compliance with these Terms and
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our Acceptable Use Policy. With that said, we have no obligation to do so. We
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aren't responsible for the content people post and share via the Services.
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Please safeguard your password to the Services, make sure that others don't
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have access to it, and keep your account information current.
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Finally, our Services are not intended for and may not be used by people
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under the age of 13. By using our Services, you are representing to us that
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you're over 13.
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Software
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Some of our Services allow you to download client software ("Software") which
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may update automatically. So long as you comply with these Terms, we give you
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a limited, nonexclusive, nontransferable, revocable license to use the
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Software, solely to access the Services. To the extent any component of the
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Software may be offered under an open source license, we'll make that license
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available to you and the provisions of that license may expressly override
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some of these Terms. Unless the following restrictions are prohibited by law,
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you agree not to reverse engineer or decompile the Services, attempt to do
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so, or assist anyone in doing so.
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Our Stuff
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The Services are protected by copyright, trademark, and other US and foreign
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laws. These Terms don't grant you any right, title or interest in the
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Services, others' content in the Services, Dropbox trademarks, logos and
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other brand features. We welcome feedback, but note that we may use comments
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or suggestions without any obligation to you.
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Copyright
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We respect the intellectual property of others and ask that you do too. We
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respond to notices of alleged copyright infringement if they comply with the
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law, and such notices should be reported using our DMCA Process. We reserve
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the right to delete or disable content alleged to be infringing and
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terminate accounts of repeat infringers. Our designated agent for notice of
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alleged copyright infringement on the Services is:
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Copyright Agent
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Dropbox, Inc.
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185 Berry Street, Suite 400
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San Francisco, CA 94107
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copyright@dropbox.com
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Paid Accounts
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Billing. You can increase your storage space and add paid features to your
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account (turning your account into a "Paid Account"). We'll automatically
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bill you from the date you convert to a Paid Account and on each periodic
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renewal until cancellation. You're responsible for all applicable taxes, and
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we'll charge tax when required to do so.
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No Refunds. You may cancel your Dropbox Paid Account at any time but you
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won't be issued a refund unless it's legally required.
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Downgrades. Your Paid Account will remain in effect until it's cancelled or
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terminated under these Terms. If you don't pay for your Paid Account on time,
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we reserve the right to suspend it or reduce your storage to free space
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levels.
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Changes. We may change the fees in effect but will give you advance notice of
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these changes via a message to the email address associated with your
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account.
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Dropbox for Business
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Email address. If you sign up for a Dropbox account with an email address
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provisioned by your employer, your employer may be able to block your use of
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Dropbox until you transition to a Dropbox for Business account or you
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associate your Dropbox account with a personal email address.
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Using Dropbox for Business. If you join a Dropbox for Business account, you
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must use it in compliance with your employer's terms and policies. Please
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note that Dropbox for Business accounts are subject to your employer's
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control. Your administrators may be able to access, disclose, restrict, or
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remove information in or from your Dropbox for Business account. They may
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also be able to restrict or terminate your access to a Dropbox for Business
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account. If you convert an existing Dropbox account into a Dropbox for
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Business account, your administrators may prevent you from later
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disassociating your account from the Dropbox for Business account.
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Termination
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You're free to stop using our Services at any time. We also reserve the right
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to suspend or end the Services at any time at our discretion and without
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notice. For example, we may suspend or terminate your use of the Services if
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you're not complying with these Terms, or use the Services in a manner that
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would cause us legal liability, disrupt the Services or disrupt others' use
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of the Services. Except for Paid Accounts, we reserve the right to terminate
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and delete your account if you haven't accessed our Services for 12
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consecutive months. We'll of course provide you with notice via the email
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address associated with your account before we do so.
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Services "AS IS"
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We strive to provide great Services, but there are certain things that we
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can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND ITS
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AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR
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IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO
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DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
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AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this
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paragraph, so they may not apply to you.
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Limitation of Liability
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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DROPBOX, ITS
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AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT,
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SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS
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OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR
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NOT DROPBOX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A
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REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS
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RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY
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YOU TO DROPBOX FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some
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states don't allow the types of limitations in this paragraph, so they may
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not apply to you.
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Resolving Disputes
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Let's Try To Sort Things Out First. We want to address your concerns without
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needing a formal legal case. Before filing a claim against Dropbox, you agree
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to try to resolve the dispute informally by contacting
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dispute-notice@dropbox.com. We'll try to resolve the dispute informally by
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contacting you via email. If a dispute is not resolved within 15 days of
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submission, you or Dropbox may bring a formal proceeding.
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We Both Agree To Arbitrate. You and Dropbox agree to resolve any claims
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relating to these Terms or the Services through final and binding
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arbitration, except as set forth under Exceptions to Agreement to Arbitrate
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below.
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Opt-out of Agreement to Arbitrate. You can decline this agreement to
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arbitrate by clicking here and submitting the opt-out form within 30 days of
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first accepting these Terms.
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Arbitration Procedures. The American Arbitration Association (AAA) will
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administer the arbitration under its Commercial Arbitration Rules and the
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Supplementary Procedures for Consumer Related Disputes. The arbitration will
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be held in the United States county where you live or work, San Francisco
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(CA), or any other location we agree to.
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Arbitration Fees and Incentives. The AAA rules will govern payment of all
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arbitration fees. Dropbox will pay all arbitration fees for claims less than
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$75,000. If you receive an arbitration award that is more favorable than any
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offer we make to resolve the claim, we will pay you $1,000 in addition to the
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award. Dropbox will not seek its attorneys' fees and costs in arbitration
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unless the arbitrator determines that your claim is frivolous.
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Exceptions to Agreement to Arbitrate. Either you or Dropbox may assert
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claims, if they qualify, in small claims court in San Francisco (CA) or any
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United States county where you live or work. Either party may bring a lawsuit
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solely for injunctive relief to stop unauthorized use or abuse of the
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Services, or intellectual property infringement (for example, trademark,
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trade secret, copyright, or patent rights) without first engaging in
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arbitration or the informal dispute-resolution process described above.
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No Class Actions. You may only resolve disputes with us on an individual
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basis, and may not bring a claim as a plaintiff or a class member in a
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class, consolidated, or representative action. Class arbitrations, class
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actions, private attorney general actions, and consolidation with other
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arbitrations aren't allowed.
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Judicial forum for disputes. In the event that the agreement to arbitrate is
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found not to apply to you or your claim, you and Dropbox agree that any
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judicial proceeding (other than small claims actions) will be brought in the
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federal or state courts of San Francisco County (CA). Both you and Dropbox
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consent to venue and personal jurisdiction there.
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Controlling Law
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These Terms will be governed by California law except for its conflicts of
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laws principles.
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Entire Agreement
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These Terms constitute the entire agreement between you and Dropbox with
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respect to the subject matter of these Terms, and supersede and replace any
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other prior or contemporaneous agreements, or terms and conditions applicable
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to the subject matter of these Terms. These Terms create no third party
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beneficiary rights.
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Waiver, Severability & Assignment
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Dropbox's failure to enforce a provision is not a waiver of its right to do
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so later. If a provision is found unenforceable, the remaining provisions of
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the Terms will remain in full effect and an enforceable term will be
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substituted reflecting our intent as closely as possible. You may not assign
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any of your rights under these Terms, and any such attempt will be void.
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Dropbox may assign its rights to any of its affiliates or subsidiaries, or to
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any successor in interest of any business associated with the Services.
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Modifications
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We may revise these Terms from time to time, and will always post the most
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current version on our website. If a revision meaningfully reduces your
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rights, we will notify you (by, for example, sending a message to the email
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address associated with your account, posting on our blog or on this page).
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By continuing to use or access the Services after the revisions come into
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effect, you agree to be bound by the revised Terms
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