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254 lines
12 KiB
Text
254 lines
12 KiB
Text
Dropbox Terms of Service
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Posted: February 20, 2014
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Effective: March 24, 2014
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Thanks for using Dropbox! These terms of service ("Terms") cover your
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use and access to the services, client software and websites
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("Services") provided by Dropbox, Inc. Our Privacy Policy explains
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how we collect and use your information while our Acceptable Use
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Policy outlines your responsibilities when using our Services. By using
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our Services, you're agreeing to be bound by these Terms, and to review
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our Privacy and Acceptable Use policies. If you're using our
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Services for an organization, you're agreeing to these Terms on behalf
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of 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
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is yours. These Terms don't give us any rights to Your Stuff except for
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the 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
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it up, and sharing it when you ask us to. Our Services also provide you
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with features like photo thumbnails, document previews, email
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organization, easy sorting, editing, sharing and searching. These and
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other features may require our systems to access, store and scan Your
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Stuff. You give us permission to do those things, and this permission
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extends to trusted third parties we work with.
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Sharing Your Stuff
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Our Services let you share Your Stuff with others, so please think
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carefully 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
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with our Acceptable Use Policy. Content in the Services may be
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protected by others' intellectual property rights. Please don't copy,
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upload, download or share 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
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and our Acceptable Use Policy. With that said, we have no obligation
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to do so. We aren't responsible for the content people post and share
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via the Services.
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Please safeguard your password to the Services, make sure that others
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don't 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
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people under the age of 13. By using our Services, you are representing
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to us that you're over 13.
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Software
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Some of our Services allow you to download client software ("Software")
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which may update automatically. So long as you comply with these Terms,
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we give you a limited, nonexclusive, nontransferable, revocable license
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to use the Software, solely to access the Services. To the extent any
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component of the Software may be offered under an open source license,
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we'll make that license available to you and the provisions of that
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license may expressly override some of these Terms. Unless the
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following restrictions are prohibited by law, you agree not to reverse
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engineer or decompile the Services, attempt to do so, or assist anyone
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in doing so.
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Our Stuff
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The Services are protected by copyright, trademark, and other US and
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foreign laws. These Terms don't grant you any right, title or interest
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in the Services, others' content in the Services, Dropbox trademarks,
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logos and other brand features. We welcome feedback, but note that we
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may use comments 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.
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We respond to notices of alleged copyright infringement if they comply
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with the law, and such notices should be reported using our DMCA
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Process. We reserve the right to delete or disable content alleged to
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be infringing and terminate accounts of repeat infringers. Our
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designated agent for notice of alleged copyright infringement on the
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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
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your account (turning your account into a "Paid Account"). We'll
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automatically bill you from the date you convert to a Paid Account and
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on each periodic renewal until cancellation. You're responsible for all
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applicable taxes, and 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
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you won't be issued a refund.
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Downgrades. Your Paid Account will remain in effect until it's
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cancelled or terminated under these Terms. If you don't pay for your
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Paid Account on time, we reserve the right to suspend it or reduce your
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storage to free space levels.
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Changes. We may change the fees in effect but will give you advance
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notice of these changes via a message to the email address associated
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with your 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
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address provisioned by your employer, your employer may be able to
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block your use of Dropbox until you transition to a Dropbox for
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Business account or you associate your Dropbox account with a personal
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email address.
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Using Dropbox for Business. If you join a Dropbox for Business account,
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you must use it in compliance with your employer's terms and policies.
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Please note that Dropbox for Business accounts are subject to your
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employer's control. Your administrators may be able to access,
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disclose, restrict, or remove information in or from your Dropbox for
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Business account. They may also be able to restrict or terminate your
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access to a Dropbox for Business account. If you convert an existing
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Dropbox account into a Dropbox for Business account, your
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administrators may prevent you from later disassociating your account
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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
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right to suspend or end the Services at any time at our discretion and
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without notice. For example, we may suspend or terminate your use of
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the Services if you're not complying with these Terms, or use the
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Services in a manner that would cause us legal liability, disrupt the
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Services or disrupt others' use of the Services. Except for Paid
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Accounts, we reserve the right to terminate and delete your account if
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you haven't accessed our Services for 12 consecutive months. We'll of
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course provide you with notice via the email address associated with
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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
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we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND
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ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER
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EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS
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IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the
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disclaimers in this 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
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ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL
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THEORY, WHETHER OR NOT DROPBOX HAS BEEN WARNED OF THE POSSIBILITY OF
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SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B)
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AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN
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THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO DROPBOX FOR THE PAST
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12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the
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types of limitations in this paragraph, so they may 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
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without needing a formal legal case. Before filing a claim against
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Dropbox, you agree to try to resolve the dispute informally by
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contacting dispute-notice@dropbox.com. We'll try to resolve the dispute
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informally by contacting you via email. If a dispute is not resolved
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within 15 days of submission, you or Dropbox may bring a formal
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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
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Arbitrate 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
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30 days of first accepting these Terms.
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Arbitration Procedures. The American Arbitration Association (AAA)
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will administer the arbitration under its Commercial Arbitration Rules
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and the Supplementary Procedures for Consumer Related Disputes. The
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arbitration will be held in the United States county where you live or
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work, San Francisco (CA), or any other location we agree to.
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Arbitration Fees and Incentives. The AAA rules will govern payment of
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all arbitration fees. Dropbox will pay all arbitration fees for claims
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less than $75,000. If you receive an arbitration award that is more
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favorable than any offer we make to resolve the claim, we will pay you
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$1,000 in addition to the award. Dropbox will not seek its attorneys'
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fees and costs in arbitration unless the arbitrator determines that
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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
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any United States county where you live or work. Either party may bring
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a lawsuit solely for injunctive relief to stop unauthorized use or
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abuse of the Services, or intellectual property infringement (for
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example, trademark, trade secret, copyright, or patent rights) without
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first engaging in arbitration or the informal dispute-resolution
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process described above.
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No Class Actions. You may only resolve disputes with us on an
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individual basis, and may not bring a claim as a plaintiff or a class
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member in a class, consolidated, or representative action. Class
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arbitrations, class actions, private attorney general actions, and
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consolidation with other arbitrations aren't allowed.
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Judicial forum for disputes. In the event that the agreement to
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arbitrate is found not to apply to you or your claim, you and Dropbox
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agree that any judicial proceeding (other than small claims actions)
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will be brought in the federal or state courts of San Francisco County
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(CA). Both you and Dropbox consent to venue and personal jurisdiction
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there.
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Controlling Law
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These Terms will be governed by California law except for its conflicts
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of laws principles.
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Entire Agreement
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These Terms constitute the entire agreement between you and Dropbox
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with respect to the subject matter of these Terms, and supersede and
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replace any other prior or contemporaneous agreements, or terms and
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conditions applicable to the subject matter of these Terms. These Terms
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create no third party 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
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to do so later. If a provision is found unenforceable, the remaining
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provisions of the Terms will remain in full effect and an enforceable
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term will be substituted reflecting our intent as closely as possible.
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You may not assign any of your rights under these Terms, and any such
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attempt will be void. Dropbox may assign its rights to any of its
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affiliates or subsidiaries, or to any successor in interest of any
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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
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most current version on our website. If a revision meaningfully reduces
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your rights, we will notify you (by, for example, sending a message to
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the email address associated with your account, posting on our blog or
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on this page). By continuing to use or access the Services after the
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revisions come into effect, you agree to be bound by the revised Terms.
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