Last Updated: 10 April 2016
In order to use the Service, you need to set up a FatDisco account. Once you log in, you will be given default plan and a choice of FatDisco paid products. Should you decide to upgrade your account with a paid product, FatDisco will provide you with an individual paid account ("FatDisco Paid Account").
FatDisco Drives are paid subscriptions accounts available for individuals. The FatDisco Drives are provided days prior to the current subscription period ends, with selected storage capacity. FatDisco Drives have an initial term of 1 month and will be automatically renewed for an additional identical subscription period. The User will be invoiced within 7 days after the subscription is renewed unless he cancels or terminates the paid subscription. The User can choose to buy a monthly or yearly subscription plan. All payments are non-refundable. The User can change his Subscription at any time.
USE OF SERVICE
FatDisco Cloud Storage system consists of the client software ("Client Software"), the websites ("Website") and the network ("Network"). It enables its users to store and access files over the Internet, and to share them with other selected users. The Client Software and the Website can differ in features and appearance, depending on which Service (the "Product") is used and the used system. Subject to these Terms, FatDisco agrees to provide the Service to Customer. FatDisco agrees that all files you store ("Data") using the Service will be encrypted so that they can neither be read by FatDisco nor by any third party, unless the Data is explicitly shared or made public by you. FatDisco has no access to your password, does not know it and cannot reset or recover it. You acknowledge that if you forget your password, your Data will be irrevocably lost. Depending on the Product, the Client Software can consist of one or more different programs running on your PC and/or other devices. These programs can come pre-installed on your device or might need to be downloaded and installed by the Customer. You are responsible for keeping the Client Software up to date. For some programs or pieces of the Client Software, updates are performed automatically. In other cases, you may need to download and install the latest version of the Client Software or the complete firmware of the device to keep the Client Software up to date. If the Client Software is not kept up to date, the Service may cease to be available or may not perform properly. As part of the evolution of the Service, FatDisco may discontinue, modify or add new features to the Service without prior notice.
CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
Customer shall use the Service in compliance with all applicable laws, including without limitation the laws of the United Kingdom and the European Union and in accordance with such usage policies and guidelines as FatDisco may establish from time to time. Usage policies and guidelines are published on the Website. Notwithstanding the foregoing, in connection with Customer’s use of the Service, Customer shall not: (a) use the Service to change, damage, delete or edit Data without authorization; (b) attempt to access the Service with unauthorized software; (c) use the Service in a way that infringes the intellectual property, privacy or other rights of third parties or otherwise causes damage to any third party; (d) use the Service, directly or indirectly, to offer any service that competes with the Service; (e) use the Service to gain unauthorized access to files stored on the Network by other users; (f) use the Service to gain unauthorized access to any other computer or network; (g) use the Service to facilitate any mass mails, spam, chain letters, snowball systems, or similar communications, regardless of whether they are commercial in nature; (h) store or transmit any software or data containing any virus, malware, worm, trap-door, Trojan Horse, spyware or any other software or program code that is malicious in nature; (i) misrepresent Customer’s identity, including, without limitation, by representing that Customer is a FatDisco employee or representative or another user of the Service; (j) use the Service to collect, store or transmit personal data of any person without such person’s consent; (k) or participate in any group that encourages violation of FatDisco’s terms and policies; (l) send us untruthful abuse reports; (m) fraudulently gain or attempt to gain access to the Network; or (n) gain or attempt to gain cloud storage resources the Customer is not entitled to, including, without limitation, the use of a promotional code Customer is not eligible to, use or the creation of multiple user accounts for the purpose of gaining additional cloud storage. Customer shall bear responsibility for all activities conducted under Customer’s account, whether by Customer or a third party. FatDisco does not monitor the data stored or distributed through the use of the Service, and assumes no responsibility for such data. Customer acknowledges that in using the Service, Customer may be exposed to content which Customer may find to be insulting, offensive, or otherwise objectionable. Customer waives any claim against FatDisco, its affiliates, and their officers, directors, agents, and employees based upon the content of data stored or distributed through use of the Service. Customer agrees to maintain the accuracy of Customer’s account details at all times. FatDisco will use the email address specified in your account details or suitable means of communication within FatDisco to inform you about legally binding declarations (for example modifications of these Terms, blocking/cancellation etc.) or send you other notices. It is your responsibility to regularly check your email account for new emails and to make sure emails from FatDisco can pass your spam and/or other filters. ANY COMMUNICATIONS FROM FATDISCO TO CUSTOMER SHALL BE DEEMED DELIVERED IF SENT TO CUSTOMER AT THE EMAIL ADDRESS SPECIFIED IN THE CUSTOMER’S ACCOUNT DETAILS, INCLUDING, WITHOUT LIMITATION, ANY AMENDMENTS TO THESE TERMS AND ANY NOTICE THAT CUSTOMER’S ACCOUNT WILL BE BLOCKED OR CANCELLED. It is the Customer’s responsibility to choose a secure password, to retain the password, and to maintain the password’s security. In case the password is lost, all data stored online becomes inaccessible and cannot be recovered. Customer shall refrain from any activity which interferes or may interfere with the efficiency of the Service (for example through software or other scripts). This includes, without limitation, excessive use of the Service or using the Service in the ways for which it is not intended.
If FatDisco becomes aware of a misuse of the Service or any violation of these Terms, it may at its sole discretion: (a) inform involved users; (b) request a response from involved users; (c) block the data concerned; (d) delete the data concerned; (e) block the user responsible for misuse or violation; (f) block or delete involved groups; (g) terminate Service to the user responsible for misuse or violation without notice; (h) inform affected private parties and/or competent authorities; (i) release data to government authorities and/or private right holders; (j) take any suitable action to eliminate the misuse if applicable.
NOTICE AND TAKE DOWN
FatDisco is not responsible for content voluntarily made available through public links by you. Sharing of content is solely controlled by the account holder that is you. If such public links contain content that violate the law or infringe copyrights or trademarks, FatDisco keeps the rights to take down such content. In the event of notice and takedown requests by copyright or trademark holders, FatDisco will notify you to take the necessary action. If no action is taken within 7 days from the notice, FatDisco will block the content to the public.
CHANGES TO THIS POLICY
LIMITATION OF LIABILITY
IN NO EVENT WILL FATDISCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY (INCLUDING FOR THE CONDITION, EXISTENCE, OR LOSS OF DATA SENT TO FATDISCO OR THE DATA FATDISCO RECOVERS) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS ON THE LEGAL THEORY ON WHICH THE CLAIM IS ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT). Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, hence the above limitation or exclusion may not apply to you. FatDisco will not be liable to Customer or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labour disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond FatDisco’s reasonable control. Customer agrees that the sole and exclusive remedy for unsatisfactory services shall be termination of the Service and a refund of any amount actually paid by Customer for the then current service term. FATDISCO’S LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY NEGLIGENCE ON ITS PART, SHALL BE LIMITED TO THE AMOUNT CUSTOMER HAS PAID TOWARDS FATDISCO FOR THE SERVICES FOR THE THEN CURRENT TERM OF SERVICE.
CUSTOMER AGREES THAT FATDISCO SHALL HAVE THE RIGHT AT ITS SOLE DISCRETION TO AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME AND THAT ANY SUCH AMENDMENT SHALL BE EFFECTIVE AS OF THE EARLIER OF THE DATE FATDISCO SENDS CUSTOMER AN EMAIL TO THE ADDRESS SPECIFIED IN THE CUSTOMER'S ACCOUNT DETAILS OR THE DATE FATDISCO OTHERWISE NOTIFIES CUSTOMER OF THE CHANGE (E.G., BY DISPLAYING THE NOTICE IN THE CLIENT SOFTWARE). NOTWITHSTANDING THE FOREGOING, IF CUSTOMER HAS PURCHASED STORAGE AND IS USING SUCH ADDITIONAL STORAGE AT THE TIME OF THE CHANGE, CUSTOMER MAY OBJECT TO ANY CHANGE IN THESE TERMS BY PROVIDING FATDISCO WITH NOTICE WITHIN 10 DAYS OF THE DATE OF THE NOTICE TO CUSTOMER. UPON RECEIPT OF SUCH OBJECTION, FATDISCO SHALL, AT ITS OPTION, HAVE THE RIGHT TO: (A) TERMINATE THE SERVICE AND REFUND TO CUSTOMER A PRO RATA PORTION OF ANY FEES CUSTOMER HAS PAID FOR STORAGE NOT YET USED; OR (B) CONTINUE TO PROVIDE THE SERVICE PURSUANT TO THE TERMS IN EXISTENCE PRIOR TO THE CHANGE, IN WHICH EVENT THE CHANGE SHALL BECOME EFFECTIVE UPON ANY RENEWAL OF THE SERVICE BY CUSTOMER.