Where the context admits: “diskmiss”, “We”, “Our” & “Us” includes diskmiss.com a full property of diskmiss ltd legally residing at 64 Queens Gardens, W2 3AH, London, United Kingdom. diskmiss is an online storage service that allows Members to store files online, access them remotely, share them with other diskmiss Users and publish them on the Internet.
The services offered by diskmiss include the www.diskmiss.com website and other websites operated by diskmiss (the “diskmiss Websites”), the diskmiss software applications and any other features, content, or applications offered from time to time by diskmiss in connection with the diskmiss Websites (collectively, the “diskmiss Services”).
diskmiss may modify this Agreement from time to time and such modification shall be effective upon posting by diskmiss on the diskmiss Websites. diskmiss will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with diskmiss. You agree to be bound to any changes to this Agreement when you use the diskmiss Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
1. Use Of The diskmiss Services
1. Use of and Membership in the diskmiss Services is void where prohibited.
2. By using the diskmiss Services, you represent and warrant that:
3. When you sign up to become a Member, you will be provided with an automatically generated password that you will be able to change to your preference. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify diskmiss immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. You will create, maintain and use only one Member account and password on the diskmiss Websites for your use. You will not create multiple Member accounts and passwords for your use on the diskmiss Websites.
5. You will not use the diskmiss services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
6. Without limiting the foregoing, you will not use the diskmiss services for any of the following activities:
7. We shall use our reasonable endeavours to make available to you at all times the diskmiss Services but we shall not, in any event, be liable for interruptions to or unavailability of the diskmiss Services.
8. diskmiss reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the diskmiss Services at any time, with or without prior notice.
1. diskmiss does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you upload to the diskmiss Services.
2. You represent and warrant that your uploading any Content to the diskmiss Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the diskmiss Services.
3. Without limiting the foregoing, you will not upload any Content to the diskmiss Services which:
4. By using the facilities of the diskmiss Services to make Content available to other Users (“Shared Content”):
5. diskmiss may delete from the diskmiss Services any Content that in the sole judgment of diskmiss violates this Agreement or which We deem inappropriate.
6. diskmiss assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the diskmiss Services.
7. You are solely responsible for the Content that you upload to the diskmiss Services, and any material or information that you transmit to other Members and for your interactions with other Users. diskmiss does not endorse and has no control over the Content. Content is not necessarily reviewed by diskmiss and does not necessarily reflect the opinions or policies of diskmiss. diskmiss makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. diskmiss assumes no responsibility for monitoring the diskmiss Services for inappropriate Content or conduct. If at any time diskmiss chooses, in its sole discretion, to monitor the diskmiss Services, diskmiss nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content.
9. The diskmiss Services contain Content of diskmiss (“diskmiss Content”). diskmiss Content is protected by copyright, trade secret and other laws, and diskmiss owns and retains all rights in the diskmiss Content and the diskmiss Services. diskmiss hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the diskmiss Content (excluding any software code) solely for your personal use in connection with viewing the diskmiss Website and using the diskmiss Services.
3. Copyright policy
1. You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of diskmiss to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to diskmiss by the copyright owner or the copyright owner’s legal agent.
2. Without limiting the foregoing, if you believe that your work has been copied and posted on the diskmiss Services in a way that constitutes copyright infringement, please provide Us with the following information:
1. All charges payable by you for the diskmiss Services shall be in accordance with the scale of charges and rates published from time to time by Us on Our web site, errors and omissions excepted and shall be due and payable in advance of provision of the diskmiss Services.
2. We reserve the right to alter pricing including ceasing to offer elements of the diskmiss Services free of charge at any time. diskmiss will inform Members by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
3. Payment is due each anniversary month, quarter or year following the date the diskmiss Services were established until closure notice is given in accordance with 6.2. If you choose to pay by credit or debit card you authorise diskmiss to debit your account renewal fees from your card.
4. All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year at which point fees for the following month, quarter or year become payable. If you wish to cancel your contract with diskmiss, you must do so in accordance with clauses 6.1 – 6.4 before the renewal of your contract.
5. If your Membership is terminated in accordance with 6.4, you will be entitled to a pro rata refund based upon the remaining period of prepayment. You will not be entitled to a refund under any other circumstances. Any refund will be issued to the same payment source used for the initial payment.
5. Free trial period
1. Where services are offered on a ‘free trial’ basis payment will be taken for the first month, quarter or year at the commencement of the free trial period.
2. The renewal date for the contract shall be deemed to be one month, quarter or year following the advertised free trial period.
3. If you wish to cancel your contract during the free trial period you may do so in accordance with clause 6.2 below.
4. If you cancel your service during the free trial period you will be entitled to receive a full refund of all fees paid in relation to the service. Any refund will be issue to the same payment source used for the initial payment.
5. If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.
6. Term and Termination
1. This Agreement shall remain in full force and effect while you use the diskmiss Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.
2. You may terminate your Membership at any time, for any reason via the Close Account form in the My Account section.
3. diskmiss may suspend the provision of diskmiss Services to you and/or terminate your Membership without notice to you if you:
4. diskmiss reserves the right, in its sole discretion, to suspend the provision of diskmiss Services to you and/or terminate your Membership at any time, without warning
1. You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by you of this Agreement and any claim brought against Us by a third party resulting from the provision of the diskmiss Services by Us to you and your use of the diskmiss Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on the diskmiss Websites or through the diskmiss Services causes diskmiss to be liable to another.
9. Limitation of Liability
1. diskmiss will not be responsible for any incorrect or inaccurate Content uploaded to the diskmiss Websites or in connection with the diskmiss Services, whether caused by Users of the diskmiss Services or by any of the equipment or programming associated with or utilized in the diskmiss Services.
2. diskmiss is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the diskmiss Services or combination thereof.
3. diskmiss is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the diskmiss Services.
4. The diskmiss Website may contain links to other websites. diskmiss is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by diskmiss. Inclusion of any linked website on the diskmiss Services does not imply approval or endorsement of the linked website by diskmiss. When you access these third-party sites, you do so at your own risk. diskmiss takes no responsibility for third party advertisements which are posted on this diskmiss Website or through the diskmiss Services, nor does it take any responsibility for the goods or services provided by its advertisers.
5. diskmiss is not responsible for the conduct, whether online or offline, of any User of the diskmiss Services.
6. All conditions, terms, representations and warranties relating to the diskmiss Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause 8.7.
7. Nothing in these terms and conditions shall exclude Our liability for death or personal injury resulting from Our negligence.
8. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the diskmiss Services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
9. In any event no claim shall be brought unless you have notified Us of the claim within one month of it arising.
10. In no event shall We be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
11. 30 days of continuous account inactivity may result in the complete suspension and loss of your data. You may prevent that but even visiting your webportal at least once within each 30 days. We are not liable for any data loss and any loss of business, contracts, profits, personal information caused by account inactivity.
1. Any forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
1. This Agreement shall be governed by and construed in accordance with UK law and you hereby submit to the exclusive jurisdiction of the UK courts.
1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.