Terms of Service
Effective: May 25, 2018 – You can see our previous Terms of Service here.
By using the Gemfury.com web site and any Gemfury software (“Service”) of Cloudfury LLC (“Company”, “we”, “us”, and “ours”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Violation of any of the terms below will result in the termination of your Account.
Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to the Terms of Service. Continued use of the Service after any such changes will constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://gemfury.com/policies/terms.
The Service provides the ability to store files (“Packages”) and access them on a variety of devices. The Service stores Packages on a server and allows users to access them from there a number of ways. You acknowledge and agree that Company may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of one Package or a group of Packages that a user may store and share through the Service, the maximum number of Packages that a user may store and share through the Service, the maximum amount of time that Packages will be kept by the Service, and the maximum amount of data transfer the user may incur using the Service.
- You must be 16 years or older to use this Service. If you don’t meet these age requirements, you are not permitted to use the Service.
- You must be a human representing yourself or an organization. Accounts registered using automated methods are not permitted and will be terminated.
- You must provide your valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs and Packages that are stored under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- One person or legal entity may not maintain more than one account.
Responsibility for Files
Although we strive to the best of our effort to deliver the Service in a complete and secure manner, we provide the Service “as is” and “as available” without warranties of any kind, express or implied. We make no promises or guarantees about the Service. You have sole responsibility for all Packages and information that you store and/or share on Company servers through the use of the Service. You acknowledge and agree that Company will not be responsible for any failure of the Service to store or secure Packages, for the deletion of Packages stored on the Service, or for the corruption of or loss of any data, information or content contained in any Packages.
Customers may access their Service account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by these Terms of Service plus the following specific terms:
- You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Company, in its sole discretion, will determine abuse or excessive usage of the API. Company will make a reasonable attempt via email to warn the account owner prior to suspension.
- Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Copyright and Content Ownership
- We claim no intellectual property rights over Packages. Your profile and any Packages stored remain yours. However, by sharing your Account through the Service with other Users, you agree to allow others to view, edit, and/or share your Packages.
- Company does not pre-screen Content, but Company has the right (but not the obligation) in its sole discretion to refuse or remove any Packages that are stored in the Service.
- Company respects the intellectual property of others, and we ask our users to do the same. Content stored in Company or shared through Company by users may be protected by copyright and the intellectual property laws of the United States and/or other countries. It is Company policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of others.
- You use the Service at your own risk. The service is provided on an “as is” and “as available” basis.
- You understand that Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the prior written permission of Company.
- You understand that the technical processing and transmission of the Service, including your Packages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth or storage usage significantly exceeds the average usage (as determined solely by Company) of other customers of the Service, we reserve the right to immediately disable your account until you can reduce your consumption.
- Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, or (iii) any errors in the Service will be corrected.
- You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- An upgrade from the free plan to any paying plan will immediately bill you.
- The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including only United States (federal or state) taxes.
- Changes to paid plan level will be processed, and take effect right away. The credit card you have provided will automatically be charged the new rate on your next billing cycle. The difference in the service fee between the two plans will be prorated for the remainder of the current billing cycle, and added or subtracted on your next billing cycle.
- Changes to paid plan billing interval will be processed and take effect right away. It will also start a new billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You may cancel your account by visiting https://gemfury.com/cancel.
- All of your Packages will be deleted from the Service one month after cancellation. This information can not be recovered once it has been deleted.
- Company, in its sole discretion, has the right to suspend your account and refuse any and all current or future use of the Service, pending investigation, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Packages in your Account. Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to free beta programs and subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes our web site (https://gemfury.com) or the Service itself.
- Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.