The Customer commits to having the necessary power, authority and capacity to enter into and perform the obligations set out herein.
Furthermore, the Service is only available to residents of the United Kingdom and therefore Shadow does not guarantee access to the Service to Customers outside of the UK.
The minimum age required to use Shadow Drive is 13 years. Any minor over the age of 13 must have the permission of their parent or legal guardian to use Shadow Drive and agree to the terms.
Parents should take appropriate precautions to protect their children by monitoring their use of the service. By electronically accepting the Terms and Conditions, the Customer confirms that they are of the age mentioned and is therefore able to consent to these terms.
The Customer agrees to communicate, when creating their customer account and at each modification of the same, their exact and updated contact and banking information (if paid offer) to SHADOW.
The Customer is fully and exclusively responsible for the passwords required to use the Service. SHADOW disclaims all liability for any illicit or fraudulent use of the passwords generated by the Customer. The provision of passwords is considered as confidential. Any suspicion of disclosure, intentional or not, of the passwords provided, engages the sole responsibility of the Client to the exclusion of SHADOW’s.
The Customer will be solely responsible for the consequences of any failure of the service as a result of any use by the Customer, members of the Customer's entourage or any person to whom the Customer has provided the password(s). Similarly, the Customer alone shall bear the consequences of the loss (including disclosure of data, corruption or deletion of data) of the aforementioned password(s).
The Customer commits to complying with all legal and regulatory requirements in force, and in particular those relating to information technology, files, freedoms and intellectual property, as well as the rights of third parties (right to one’s image, right to privacy, etc.) and in this respect ensures that the data stored by themselves or by authorised users complies with these provisions.
The use of the Data Storage Service does not confer any intellectual property rights in relation to Shadow or the content to which the Customer has access.
The Customer remains the sole owner of the data and files that they transfer and/or store on the Service.
The Customer agrees:
a. not to transfer, store, copy, share data for which he does not have all the rights or in the absence of the authorisation of the right holders.
b. not to use the Service to pursue, threaten, harass or harm another person.
c. not to publish, send, transmit or make available any unsolicited or unauthorised e-mails, advertisements, promotional material, junk mail, spam or chain letters.
d. not to store and/or share any content that is contrary to public order or morality, incites racial hatred, is negationist, revisionist, violent, obscene, defamatory, zoophilic or child pornographic.
e. not to make any commercial use of the Service, and the Customer commits to using the Service with due care. The Service is intended for the general public, however, it is recommended that companies contact SHADOW for professional needs.
f. not to disrupt or interrupt the Service (including by accessing the Service by any automated means, such as scripts or crawlers) or the servers connected to the Service (including any unauthorised access, use or control of data or traffic).
g. not to plan or participate in any illegal activity or retrieve and store personal data about other users of the Service for use in any of the foregoing prohibited activities.
h. not to use the Service to upload, store or otherwise make available any material that contains viruses, or any other computer code, files or programs designed to alter, interfere with or limit the normal operation of the Service (or any part thereof) or any other computer software or hardware.
i. not to share your entire account with any third party. As Shadow Drive is a personal service, any improper sharing may be considered a violation of these terms.
SHADOW reserves the right to immediately terminate the Customer’s account in case of non-compliance with the above clauses. This termination will not give rise to any compensation. SHADOW may also take action that it reasonably deems necessary or appropriate to enforce or verify compliance with all or part of the Contract.
The Customer assumes full responsibility for the sharing of files stored on its Service. Furthermore, the Customer undertakes not to share the data stored on the Service in the context of a public communication, outside the private sphere. SHADOW reminds the Customer that the Service is not intended to be used for the massive exchange of files and in this respect, SHADOW reserves the right to carry out control measures to verify the proper use of the Service by the Customer.
The Customer is responsible for ensuring that the commitments made in these Terms are respected by the users to whom it allows access to its storage space.
The Customer undertakes to check that file transfers carried out via the Software are indeed successful. SHADOW declines all responsibility in the event of a failure during the file transfer or download procedure to the Customer's storage space. It is the Customer's responsibility to take all necessary steps to verify that a transferred file is stored on the Service and that it is not compromised or altered. Similarly, the Customer acknowledges that he may have to transfer a file again if the previous transfer was interrupted.
The Customer is responsible for backing up, from their computer or other device, all documents, images and content that they store on the Service. SHADOW is subjected to an obligation of means regarding the use of reasonable skills and care in providing the Service, however it does not guarantee that the content stored or accessed by the Customer via the Service will not be subject to accidental damage, alteration or loss.
SHADOW cannot guarantee the deposit of files larger than 4 GB. SHADOW encourages the Customer wishing to upload a file of this size to contact technical support to find out the most efficient method for carrying out this operation.
SHADOW reminds the Customer that the use of the Service via mobile internet may be subject to billing by their telephone operator, which is the Customer's responsibility to check. SHADOW declines all responsibility in the event that the use of the Service by the Customer leads to billing by another operator that is a third party to this contract.
The Customer also undertakes to take out all necessary insurance with a reputable and reliable insurance company in order to cover any damage that may be attributable to the Customer in the context of this contract or its performance.
Failure by the Customer to comply with the aforementioned points, and in particular any activity that may give rise to civil and/or criminal liability, shall entitle SHADOW to immediately and without prior notice interrupt the Customer’s services and to terminate the contract by operation of law, without prejudice to the right to any damages that SHADOW may claim.
The Customer commits to paying directly to the author of the complaint any amount that the latter may demand from SHADOW. In addition, the Customer agrees to intervene at SHADOW’s request in any proceedings brought against the latter and to guarantee SHADOW against all judgements that may be pronounced against it on this occasion. Consequently, the Customer undertakes to deal personally with any claim and/or proceedings, whatever their form, purpose or nature, which may be brought against SHADOW, and which are related to the obligations of the Customer under this agreement.
The Customer commits to informing SHADOW within 48 hours of any change in their situation, and within 24 hours of any loss of passwords.
The Customer, for any contact with SHADOW, agrees to clearly formulate their request, according to customary rules.