We (folks at Javra Software) run a Digital Asset Management (DAM) software as a service (SaaS) called Boondrive. Boondrive’s 30 day trial service is free, and we offer paid services for full usage and extra storage. Our service is designed to give you as much control and ownership over what goes on your instance as possible. However, be responsible in how you use the service. In particular, make sure that you do not overload the Boondrive with excess and unusual requests. In those cases, where the Bandwidth is overloaded with excess and unusual requests, we can decrease your bandwidth or stop receiving request from you.
Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Javra Software, acceptance is expressly limited to these terms.
Use of our Services requires a Boondrive account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your registered account. You are responsible for keeping your password secure.
- Your Boondrive Account. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Javra Software of any unauthorized uses of your account, or any other breaches of security. Javra Software will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Web Traffic. We have integrated traffic monitoring system to measure Boondrive’s audience and usage. By using Boondrive service, you agree to assign the traffic relating to your website to Javra Software. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or require additional documentation to verify ownership of your account, you agree to make reasonable efforts to accommodate such requests.
- Payment and Renewal. Optional paid services such as extra storage are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Javra Software the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
2. Responsibility of Users
Javra Software has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Javra Software does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Javra Software disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
This Agreement does not transfer from Javra Software to you any Javra Software or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Javra Software. Javra Software, Boondrive, the Boondrive logo, and all other trademarks, service marks, graphics and logos used in connection with Boondrive or are trademarks or registered trademarks of Javra Software or Javra Software’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Javra Software or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Javra Software may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Boondrive account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranties
Our Services are provided “as is.” Javra Software and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Javra Software nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
7.Limitation of Liability
In no event will Javra Software, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Javra Software under this agreement during the twelve (12) month period prior to the cause of action. Javra Software shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
8. General Representation and Warranty
9. US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Javra Software reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Javra Software, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Javra Software and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Javra Software, or by the posting by Javra Software of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by Dutch Law, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be District Court in Amsterdam, The Netherlands. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Javra Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Terms of Service was adapted from that of wordpress.com, which was posted under a Creative Commons Sharealike license. We appreciate their effort and generosity.