MINBOX TERMS OF USE Go Back

The following terms and conditions (the “Agreement”) govern all use of the “Minbox” application (“Application”). The Application is owned and operated by Minbox, Inc. (“Minbox”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Minbox reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following email notification of any changes to this Agreement constitutes acceptance of those changes. Notwithstanding the foregoing, if User is a paying subscriber to the Application (“Subscriber”), such changes will only go into effect beginning with the next subscription period.

This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.

  1. AGE RESTRICTION.

    2. User hereby certifies to Minbox that if User is an individual (i.e., not a corporation) User is at least 14 years of age. User also certifies that it is legally permitted to use the Application.

  2. LICENSE.

    3. Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable to access download and use the Application solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.

  3. RESTRICTIONS.

    4. User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Minbox shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.

    User shall not (i) submit false information to the Application, or (ii) use the Application for any purpose that is unlawful or prohibited by this Agreement.

  4. FILE SHARING AND USER CONTENT.

    5. The Application allows Users to store, sync and share documents, files, materials, content, data and any other information User submits to, or through, the Application (User’s “Content”).

    USER ACKNOWLEDGES AND AGREES THAT BY UTILIZING ANY OF THE AFOREMENTIONED FEATURES, USER CONSENTS TO MINBOX AND ITS AGENTS AND PROVIDERS (I) ACCESSING YOUR DEVICE FOR SUCH PURPOSES, AND (II) STORING, SYNCING AND SHARING USER’S CONTENT AS INDICATED/REQUESTED BY USER THROUGH USER’S USE OF THE APPLICATION. USER HEREBY GRANTS TO MINBOX ALL NECESSARY RIGHTS AND LICENSES (SUCH AS THE RIGHT AND LICENSE TO USE, COPY, MODIFY, TRANSMIT, DISTRIBUTE, STORE AND CACHE SUCH CONTENT) AS REASONABLY NECESSARY FOR MINBOX TO ACHIEVE SUCH ACTIVITIES.

    User is solely responsible for maintaining and protecting all Content that is stored, retrieved or otherwise processed by or in connection with the Application. Without limiting the foregoing, User will be responsible for all costs and expenses that User or others may incur with respect to backing up, and restoring and/or recreating any Content that is lost or corrupted as a result of User’s use of the Application. User access/uses/relies on the Content of other Application users at User’s own and sole risk.

    With respect to all Content, User represents and warrants that (i) User the full right and authority to do so, (ii) no such Content will infringe or misappropriate or otherwise violate the rights of any third party, (iii) no such Content will violate any law or regulation, and (iv) no such Content will damage or otherwise adversely affect the Application or any of the systems used by or on behalf of Minbox to host or otherwise provide the Application.

  5. REGISTRATION; SECURITY.

    6. As a condition to using certain products and services of the Application, User will be required to register with Minbox and enter their name, email address, and password (“Minbox User ID”). User shall provide Minbox with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Minbox User ID a name or email address of another person with the intent to impersonate that person; or (ii) use as a Minbox User ID a name or email address subject to any rights of a person other than User without appropriate authorization. Minbox reserves the right to refuse registration of, or cancel a Minbox User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Minbox password and other account information.

  6. INDEMNIFICATION.

    7. User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless Minbox, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with User’s (i) access to or use of the Application, (ii) Content, or (iii) violation of this Agreement.

  7. FEES AND PAYMENT.

    8. General. Use of the Application may require payment of a subscription or access fee (“Fee”). By selecting a feature that requires a Fee (“For-Fee Feature”), User agrees to pay all charges at the prices then-in-effect for the applicable feature in addition to all applicable taxes and other fees that accrue in relation to use of the feature by User or other persons (including your agents) using User’s account. All Fees, pricing structures, and subscription plans shall be located in on the pricing pages of the Application. User hereby expressly authorizes Minbox to charge the payment method User provides during registration (or as updated by you thereafter) ("Payment Method") for the selected features. Except as set forth under the "Termination" section below, all Fees are non-refundable. All payments must be in United States dollars. Payments must be made in the manner specified by Minbox in the Application (such as by credit card). If payment is by credit card, User hereby authorizes Minbox to charge User’s credit card all amounts owed. Late payments shall be subject to a finance charge of the lesser of 1.5% per month or the greatest amounts allow by applicable law.

    Recurring Billing. Subscription plans to For-Fee Features may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as agreed to by User (e.g., annual or monthly). User acknowledges that User’s subscription has an initial and recurring payment feature and User accepts responsibility for all recurring charges prior to cancellation. Minbox may also periodically authorize User’s Payment Method in anticipation of subscription fees or related charges.

    Auto-renewal. Subscriptions to the For-Fee Features may be automatically extended for successive renewal periods for the same duration as the subscription term originally selected by User, at the then-current, non-promotional subscription rate. User may cancel User’s subscription at any time. Please see the "Termination" section for further information.

    Free Trials. Minbox may offer free trial subscriptions during which User may use the For-Fee Features for the time period specified in the promotional offer ("Trial Period"). Free trial subscriptions may not be combined with any other offer and except as may otherwise be provided in the promotional offer, free trial subscriptions are only available to new customers that have not previously been registered Users. User may not receive a notice from Minbox that User’s free Trial Period has ended or that the paying portion of User’s subscription has begun. User may cancel User’s subscription at any time (see the “Termination section below). Unless User cancels User’s subscription prior to the conclusion of the Trial Period, User’s Payment Method will be charged the applicable recurring subscription fee until User cancels User’s subscription.

  8. WARRANTY DISCLAIMER.

    9. THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MINBOX MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE APPLICATION WILL NOT DAMAGE OR ALTER CONTENT, OR (III) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  9. LIMITATION OF LIABILITY.

    10. IN NO EVENT SHALL MINBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN THE AGGREGATE EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (provided that, if USER IS A SUBSCRIBER, THEN SUCH AMOUNT SHALL BE – IF HIGHER - THE AMOUNT PAID BY SUBSCRIBER TO MINBOX DURING THE THEN-CURRENT SUBSCRIPTION PERIOD), (IV) FOR ANY DAMAGE CAUSED TO ANY CONTENT BY THE APPLICATION OR OTHERWISE, OR (V) FOR MATTERS BEYOND MINBOX’S REASONABLE CONTROL. USER UNDERSTANDS THAT THE APPLICATION MAY CONTAIN BUG OR THE LIKE, OR MAY FOR OTHER TECHNICAL REASONS SUCH AS FORMAT COMPATIBILITY, CAUSE ALTERATION OR DAMAGE TO CONTENT – AND USER ACCEPTS SUCH RISK. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  10. TERMINATION.

    11. Minbox may terminate User’s access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. Notwithstanding the foregoing, if User is a Subscriber, except in the event of Subscriber’s breach, such termination shall take place at the end of the then-current subscription period. If Minbox terminates prior to the end of User’s then-current subscription period, User will receive a pro-rata refund of the Fees paid in advance for the remainder of such period.

    User may terminate User’s account or access to For-Fee Features at any time through User’s account page. In the event of such termination, User will still be charged the Fees for the remainder of the then-current subscription period.

    All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

  11. PRIVACY.

    12. Minbox’s current privacy policy is available at http://minbox.com/privacy (the “Privacy Policy”), which is incorporated by this reference.

  12. MISCELLANEOUS.

    13. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Minbox shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Minbox’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Minbox’s prior written consent. Minbox may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Minbox in any respect whatsoever.