Date of last revision: 2011-10-05 (Complete revision, removed trading feature, business-friendlier).
Use of Service
- LaCie operates an cloud storage system named Wuala ("Service"). The system consists of the client software ("Client Software"), the website ("Website") and the Wuala network ("Network"). It enables its users to store and access files over the Internet, and to share them with selected other 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, LaCie agrees to provide the Service to Customer.
- LaCie agrees that all files you store using the Service, including their metadata (file name, description, comments, thumbnail images, etc.), ("Data") will be encrypted such that they can neither be read by LaCie nor by any third party, unless the Data is explicitely shared or made public by you. LaCie 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 to keep 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 properly perform.
- As part of the evolution of the Service, LaCie may discontinue, modify or add new features to the Service without prior notice to you.
Customer Obligations and Responsibilities
- Customer shall use the Service in compliance with all applicable laws, including without limitation the laws of Switzerland, and in accordance with such usage policies and guidelines as LaCie may establish from time to time. Usage policies and guidelines are published on the Website.
- Without limiting 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 other software or program code that is malicious in nature; (i) misrepresent Customer’s identity, including without limitation by representing that Customer is a LaCie 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 LaCie’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.
- LaCie does not monitor the data stored or distributed through 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 LaCie, 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. LaCie will use the email address specified in your account details or suitable means of communication within Wuala 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 LaCie can pass your spam and/or other filters. ANY COMMUNICATIONS FROM LACIE TO CUSTOMER SHALL BE DEEMED GIVEN 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 ways for which it is not intended.
- LaCie reserves the right to block Data and/or to terminate user accounts for any reason LaCie in good faith determines to be appropriate, including without limitation in order to prevent or remedy violation of LaCie’s policies and/or these Terms. LaCie’s rights under this section shall apply regardless of whether LaCie is able to determine the content of the Data.
- You may terminate your right to use the Service (your “Account“) by email without indication of reasons at any time.
- LaCie has the right to terminate your Account: (a) if you have not accessed your account for at least ninety (90) consecutive days; (b) if you exceed your available storage space; or (c) if LaCie elects to discontinue the Service completely or in part.
- In case of termination under Section 3.3, LaCie shall provideat least thirty (30) days prior notice of termination. Such notice may be provided by email or by any other means. Notice shall be sufficient if emailed to you at the email address currently on file with LaCie.
- In case of a violation of these Terms, LaCie may limit, block, terminate or delete your Account without notice.
- Customer may not assist a user who has violated these Terms to regain access to Wuala
- In case of a termination of Customer's account, Customer shall: (a) cease all use of the Service and the Client Software; (b) delete all Client Software from any computer, disk, or other media under your control; (c) refrain from accessing the Network without the written consent of LaCie; and (d) refrain from using any other user account to regain access to the Network.
- UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, LACIE SHALL HAVE THE RIGHT TO DELETE ALL FILES AND DATA YOU HAVE STORED USING THE SERVICE. CUSTOMER AGREES TO MAINTAIN AN ADDITIONAL COPY OF ANY FILES SUBMITTED TO LACIE.
License and Proprietary Rights
- Subject to these Terms, LaCie grants Customer a non-exclusive, non-transferable, non-sublicenseable license to download, install and use the Client Software. Download and installation might not be necessary for devices that have the Client Software pre-installed. The license includes the right to download and to install the Client Software on more than one computer.
- The Client Software contains software or other technology that is licensed from third parties. LaCie may add, delete, or modify such third party software from time to time. Customer agrees to be bound by the terms of all applicable third party licenses. Lists of these licenses as well as instructions on how to obtain their licensed source code (if available) can be found at http://wuala.com/about/thirdpartycode and http://www.lacie.com/gpl.
- The Service is protected by intellectual property laws. Title to the Client Software and all other software used by LaCie in the delivery of the Service, and any other intellectual property rights associated with the Service and the Software, shall remain in LaCie and its licensors. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create a derivative work based upon the Software. You may not duplicate the Software or permit the Software to be accessed through a public computer bulletin board or “shareware” distribution process. You may not remove from the Software or the Website any proprietary indications or legends, use the trademarks LACIE or WUALA without authorization, or sell, assign or sublicense any Software or any rights to the Software.
Available Storage Space
- La Cie will display available storage and storage usage in the Client Software, but La Cie makes no warranty that the display is current or accurate.
- LaCie may provide the Customer with a basic amount of cloud storage (e.g. 1 GB) at no charge as communicated on the Website. Addition cloud storage may be obtainable for a fee, through relevant promotional codes, bundled with other LaCie products, through La Cie’s referral program as communicated on the Website or other offers.
- Depending on the Product, Customer can subscribe to additional storage according to the storage plans communicated on the Website. LaCie reserves the right to change the available plans at any time. Payments for additional storage space are made in advance for the relevant period and are non-refundable. LaCie may in its sole discretion accept payments by credit card, PayPal or other means of payments acceptable to LaCie. You agree to notify LaCie prior to any purchase in case you are not a business customer and/or you have no VAT registration in the country where you have your place of business, or a permanent establishment for which the delivery is made, or, in the absence of such a place of business or such a permanent establishment, your place of residence or the place from which you work. The purchased additional storage will be made available after reception of the payment, but at most three working days after the reception of the payment. If Customer chooses a plan with automatic renewal, the plan will automatically be renewed for the same period and same amount of storage unless LaCie or Customer cancels the plan fourteen days before expiration by email (email@example.com ).
- When obtaining cloud storage through any offer (including subscriptions, promotional codes, product bundlings, gift cards, etc.), terms and conditions that are specific to that offer may apply. Customer agrees to abide by such terms when making use of any offer. If not stated otherwise, unredeemed offers expire after a period of six months.
- If you fill your cloud storage, no additional Data can be uploaded until the available storage capacity exceeds the amount of Data stored. In case the available storage is exceeded, LaCie may terminate your account as described in section 3.4 .
- All orders are subject to acceptance by LaCie. In case of errors or omissions in a published offer (e.g. on the Website), LaCie can correct them prior to acceptance of the order.
If LaCie becomes aware of a misuse of the Service or any violation of these Terms, it may in 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 responsible user; (f) block or delete involved groups; (g) terminate Service to the responsible user 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; (k) seek compensation for damages; or (l) take any other action LaCie considers appropriate.
- Customer agrees that LaCie may transmit any data stored by Customer to a third party if LaCie believes in good faith that it is required to do so in order to: (a) comply with any law or order issued by any legal authority; (b) avoid infringement of the rights of a third party; or (c) protect the property of LaCie or the personal safety of its users and the public.
Disclaimer of Warranty
- Customer acknowledges the inherent risks involved in online data storage, including without limitation the risk of destruction or loss of data. LACIE PROVIDES ALL SERVICES “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK ASSOCIATED WITH THE SERVICES IS ASSUMED BY CUSTOMER. LACIE EXTENDS NO WARRANTIES TO CUSTOMER OR TO ANY OTHER PERSON, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY THAT THE SERVICES ARE OF ANY PARTICULAR QUALITY.
- The Service may contain links to other websites and services. LaCie has no influence on the contents of these linked pages, dissociates itself herewith explicitely from all such contents, and makes no warranty whatsoever with respect to such links, websites, or services.
Limitation of Liability
- IN NO EVENT WILL LACIE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY (INCLUDING FOR THE CONDITION, EXISTENCE, OR LOSS OF DATA SENT TO LACIE OR THE DATA LACIE 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, so the above limitation or exclusion may not apply to you.
- LaCie 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, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond LaCie’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. LACIE’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 LACIE FOR THE SERVICES FOR THE THEN CURRENT TERM OF SERVICE.
CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS LACIE AND ITS EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, SUITS, ACTIONS, DEMANDS, PROCEEDINGS (WHETHER LEGAL OR ADMINISTRATIVE), AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO (A) ANY BREACH OF THIS AGREEMENT BY CUSTOMER; (B) ANY USE OF THE SERVICE BY CUSTOMER; OR (C) ANY CLAIMS FOR INFRINGEMENT OF ANY THIRD PARTY RIGHTS ARISING FROM OR RELATED TO CUSTOMER’S DATA.
Compliance with Laws
The transactions contemplated hereby may be subject to the customs and export control laws and regulations of your country of residence and the countries where our data recovery facilities are located. You agree to comply with all customs and export laws and all other applicable laws, statues, ordinances and regulations relating to use of the Service. You acknowledge that violations of these Terms could subject you to criminal or civil penalties.
CUSTOMER AGREES THAT LACIE SHALL HAVE THE RIGHT IN 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 LACIE SENDS CUSTOMER AN EMAIL TO THE ADDRESS SPECIFIED IN THE CUSTOMER'S ACCOUNT DETAILS OR THE DATE LACIE 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 LACIE WITH NOTICE WITHIN 10 DAYS OF THE DATE OF THE NOTICE TO CUSTOMER. UPON RECEIPT OF SUCH OBJECTION, LACIE 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 WILL BECOME EFFECTIVE UPON ANY RENEWAL OF THE SERVICE BY CUSTOMER.
- If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
- The failure of either party to exercise any rights provided for in this Agreement shall not be deemed a waiver of any rights under this Agreement.
- You may not assign your rights or obligations under these Terms without LaCie’s express written consent.
- Both parties agree that except for claims related to the indemnification obligations above, all claims arising under or related to the Terms must be brought within 2 years after the date the cause of action arose.
- In the event either party brings an action against the other to enforce any term of the Agreement, the prevailing party in such action shall be entitled to recover the court costs and reasonable attorney’s fees at trial and on any appeal.
- This agreement and all associated documentation has been written in the English language and the parties agree that the English language version will govern. All communications and any dispute associated with this agreement shall be in the English language. (For Canada: Les Parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattache, et toute la communication écrite et de vive voix, soient rédigés en langue anglaise.)
- These Terms and the dealings between the parties shall be governed by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties consent that the courts of Basel, Switzerland shall be the exclusive forum for all disputes arising or related to these Terms.