Thank you for using Subliss! These terms of service (the “Terms”) govern your access to and use of Subliss (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Subliss and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
By using our Services you provide us with information, files, and folders that you submit to Subliss (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, processing, converting or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Subliss has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Subliss has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Subliss, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Subliss, are responsible for maintaining and protecting all of your stuff. Subliss will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are at least 18.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Subliss of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Subliss, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Some use of our Service requires you to download a client software package (“Software”). Subliss hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the the Netherlands and other countries. These Terms do not grant you any rights to use the Subliss trademarks, logos, domain names, or other brand features.
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Subliss Acceptable Use Policy.
Subliss respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Email: copyright [at] subliss [dot] com
The Services may contain links to third-party websites or resources. Subliss does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). Subliss will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUBLISS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SUBLISS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $25 OR THE AMOUNTS PAID BY YOU TO SUBLISS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY DUTCH LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURT OF AMSTERDAM, THE NETHERLANDS, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Subliss with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Subliss’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Subliss may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subliss and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Subliss accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which you select. If any fee is not paid in a timely manner, or Subliss is unable to process your transaction using the credit card information provided, Subliss reserves the right to revoke access to your Subliss account and Files. If you do not bring your Subliss balance current within five (5) days after Subliss provides you with notification that your account is in arrears, Subliss reserves the right to use our discretion to delete some or all of Your Files.
The fees for your Account will be billed from the date you started your Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Open your "Account" page to see the commencement date for your next renewal period. Subliss will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Account. In the event your Account began on a day not contained in a given month or year, Subliss will bill your credit card on the last day of such month or year. For example, if your Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable Value added tax (VAT), and you authorize us to charge your credit card for such varying amounts. Subliss may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade your Account to a more expensive Account, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly billed Account on October 12th, your next payment would be due on December 12th. On December 6th, you upgrade your Account to a more expensive one and pay the new amount associated with the upgraded Account you have selected, less the amount equal to 6 days at your previous Account rate. Your next payment would then be due on January 6th.
Subliss may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the Subliss constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Your Subliss Account will continue in effect unless and until you cancel your Account or we terminate it. You must cancel your Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. Subliss will bill the monthly or yearly fees associated with your Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Subliss Accounts are prepaid and are non-refundable. SUBLISS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Subliss Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Account you may do so via your "Account" page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a Subliss Account and providing Subliss with your payment account information, you hereby agree to these payment terms and conditions.