Terms & Conditions
Terms of Use
Biobigbox provides services available at our website www.biobigbox.com (the “Site”). Use of the Site and our services including any service, software, application, plugin, component, functionality or program provided now or in the future (“Service” or “Services”) is governed by these Terms of Service (“Terms”). These Terms apply to Customers using any part of the Biobigbox website and / or free or paid services Biobigbox provids ("Customers") , Customer’s employees (“Employee Users”) and third party users (“Third Party Users”) (collectively “Users”) utilizing Customer’s Account (as hereinafter defined).
BY COMPLETING THE REGISTRATION PROCESS, THE USER REPRESENTS AND WARRANTS THAT THE USER: (i) IS 18 YEARS OF AGE OR OLDER; (ii) HAS THE AUTHORITY TO, OR ARE AUTHORIZED TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS; AND (iii) HAS READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY THESE TERMS AND CONDITIONS.
Description of Service
The Service is an Internet-based data storage and transfer service. Biobigbox is constantly innovating the Service in order to provide its Users with the best possible experience, and Biobigbox reserves the right to update the Service at its discretion and to add or delete features, from time to time. Unless otherwise specified, the Service is provided on a subscription basis and does not constitute the license of any software.
Biobigbox, at its sole discretion, reserves the right to change, modify, amend or otherwise alter this Agreement at any time.
Free Use
Biobigbox allows Users to store up to a total amount of 3GB and transfer (combined upload and download) 1.5 gigabytes of data a month at no charge . If the 3GB free account storage or the 1.5GB of monthly data transfer is acceded the user will be required to switch to a paid plan to continue usage of the account. Biobigbox reserves the right to terminate a free at the discretion of Biobigbox.
From time to time, Biobigbox may offer certain trial and/or promotional offers. Biobigbox reserves the right to discontinue or modify coupons, credits and promotional offers at our discretion and without notice.
User Accounts and Responsibility
When Biobigbox is used to send / receive or upload files an account will automatically be created.
If the service is used without logging in, a confirmation email will automatically be sent to the users email address on file. The confirmation link is required to be clicked in order to store or send the data. If the user sending or storing the data does not click on the confirmation link within 24 hours the data will not be stored or sent and will automatically be deleted. The confirmation email will also contain a randomly generated password to access the user's account. Logging into an account prior to sending data will relieve the need to click on a confirmation email when sending or storing data.
In registering Users for the Service, Users agrees that they submit accurate, current and complete information and promptly update such information as appropriate. Should Biobigbox suspect that any User information is not accurate, current or complete, Biobigbox reserves the right to suspend or terminate the User’s usage of the Service. Each User must choose a personal, non-transferable password. User accounts cannot be shared or used by more than one individual.
Users are solely responsible for any and all activities that occur via a User Account, including ensuring that all Users exit or log-off from the Service at the end of each session of use and ensuring that Users have all necessary rights in and to the Data submitted to the Service under in the User Account. Biobigbox should be notified immediately of any unauthorized use of a User Account or any User password or any other breach of security that is known or suspected. Users agrees to indemnify and hold Biobigbox harmless against any claim and/or liability resulting from User's failure to comply with the responsibilities set forth in this Section.
Uploaded Data
Users are responsible for insuring that data stored or sent via Biobigbox is saved and exists in an additional location besides the website of the service. Biobigbox should be used to transfer, back up or make data more accessible, but should not be used to store the sole copy of the data.
Users retains all rights to any Uploaded Data. Biobigbox shall not own or license any data, content, information or material that User's include in Uploaded Data and submit to the Service. Biobigbox will not monitor, edit or disclose any information regarding a User's Account, including any Uploaded Data, without prior permission, except as permitted by this Agreement or as required by applicable law. Biobigbox may access an account, including Uploaded Data, to respond to service or technical problems or as stated in this Agreement or required by applicable law. The user, not Biobigbox, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Uploaded Data, and Biobigbox shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.
Payment of Fees
Biobigbox offers its Service for monthly, fees (the “Fees”) which will be paid to Biobigbox via PayPal or an authorized credit card. The Fees applicable for the Service are available at www.Biobigbox.com and as published within the Service. Biobigbox reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to the Customer (which may be sent by email to the address on file). PayPal or the authorized credit card will automatically be charged Fees each month. In the event the service is cancelled, Biobigbox will not refund any Fees already paid.
A User Account will be considered delinquent if a User fails to pay the amount billed and that amount remains unpaid at the beginning of the next accounting cycle. A User Account may be suspended, archived or purged from the Service if the account is delinquent for more than 30 days.
If extra features are cancelled after payment has been made for the month, the User will not be reimbursed for days not used.
User Conduct and Restrictions
Except to the extent permitted by applicable law, Users may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with the Services and/or any other aspect of the Company’s technology. Users shall not market, offer to sell, sell and/or otherwise resell the Service to any third party. The user agrees not to use the Service (a) in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (c) to transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, fraudulent, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or material which is harmful to minors in any way; (d) to transmit through or post on the Service any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) to interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) to attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through password mining or any other means; (h) to harass or interfere with another user’s use and enjoyment of the Service; (i) to submit to or store in the Service any Protected Health Information unless the Customer has informed Biobigbox in advance and executed a Business Associate Agreement in the form determined by Biobigbox, or (j) to make any representations with respect to Biobigbox or this Agreement (including, without limitation, that Biobigbox is a warrantor or co-seller of any of Customer’s products and/or services). All judgments concerning the applicability of these restrictions and any responses to violations thereof shall be at the sole and exclusive discretion of Biobigbox.
Biobigbox has no obligation to monitor the Service or any User’s use thereof or retain the content of any User session. However, Biobigbox reserves the right at all times to access, acquire, use, delete, monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, and such action is considered to be authorized by the Customer.
Term and Termination
This Agreement shall commence on the user registration date and continue for the Term. Biobigbox, in its sole discretion, may terminate a Customer's password, account or use of the Service and remove and discard any Uploaded Data within the Service if the Customer fails to comply with this Agreement. A customer may terminate a Customer Account upon thirty (30) days’ notice to Biobigbox at any time; however, a refund will not be issued for funds already paid.
Upon termination of this Agreement, the Customer will immediately discontinue all access and use of the Service. Neither party shall be liable for any damages resulting from a termination of this Agreement in accordance with this Section.
Dormant free accounts will be terminated automatically after 90 days.
Proprietary Rights
Except for the subscription rights granted herein, the Customer has no right, title or interest in or to the Service or any intellectual property rights related thereto. The Customer agrees that Biobigbox or its licensors retain all proprietary right, title and interest, including intellectual property rights, in and to the Services, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.
Indemnification
The Customer agrees to indemnify, defend and hold harmless Biobigbox, its parents, its affiliates and their respective officers, directors, employees, attorneys, representatives, licensors, third-party providers and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the use of the Service (including the Uploaded Data) or breach of this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED BY BIOBIGBOX ON AN "AS IS" BASIS. BIOBIGBOX DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET THE CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, OR (III) ERRORS OR DEFECTS WILL BE CORRECTED. ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BIOBIGBOX.
Limitation of Liability
IN NO EVENT SHALL BIOBIGBOX'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO BIOBIGBOX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL BIOBIGBOX BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE CUSTOMER'S USE OR INABILITY TO USE THE SERVICE OR FOR ANY DATA OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF BIOBIGBOX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS ABOVE MAY NOT APPLY TO A PARTICULAR CUSTOMER.
Compliance with Laws
Customer and all Users agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with their access and/or use of the Services under this Agreement. Customer shall comply with all legal duties applicable to Customer as a data controller by virtue of Customer submitting Uploaded Data to or storing Uploaded Data within the Service. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection law to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required by such laws.
COPYRIGHT COMPLAINTS AND REMOVAL POLICY
Biobigbox reserves the right to delete or disable the accounts of Users who we believe to be infringing the intellectual property rights of others and to remove any such infringing materials.
Third Party Interaction; Links to Third Party Sites
Users may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity and any terms, conditions, warranties or representations associated with such activity, are solely between the Customer and the applicable third party. Biobigbox shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between the Customer and any such third-party.
Biobigbox does not endorse any sites on the Internet that are linked through the Service. Biobigbox is providing these links to the Customer only as a matter of convenience, and in no event shall Biobigbox be responsible for any content, products or other materials on or available from such sites.