MY FILES SERVICE
(TERMS AND CONDITIONS)
These terms and conditions, including the Office Depot, LLC (“Office Depot”)Privacy Policyand Terms of Use, which are incorporated herein by this reference, (collectively referenced hereinafter as the “Terms”), together constitute a binding legal agreement between Office Depot, and you, the individual (“You” or “Your”), who directly or indirectly accesses or uses the My Files service (“My Files” or “My Files Service”). By logging in and accessing or using the My Files Service, You represent that You have the authority to enter into these Terms and that You agree to these Terms.
If You do not agree to be bound by these Terms, You cannot access or use the My Files Service. Office Depot reserves the right to (1) change the Terms at any time, (2) establish limits on the amount of User Content that may be stored in Your My Files Account, (3) refuse to provide You access to the My Files Service, at our sole discretion, and (4) remove any items in My Files that have not been used in 12 months.
YOUR ACCOUNT
If You do not have a pre-existing account, You must set up an account to access and retrieve Your documents, images and other content (“User Content”) that You have uploaded into My Files and to initiate any reprints of Your User Content or other customized orders in connection with Your User Content. You agree to keep Your password and other account details secret, and not share them with anyone else, in order to prevent unauthorized access to Your account.
MY FILES SERVICE
The My Files Service enables You to print documents from remote locations. Office Depot does not supervise the uploading of any user-provided materials to the www.officedepot.comwebsite (“Site”), although we reserve the right to do so. You may upload Your User Content to Your My Files account and then print those documents in the quantities You desire from participating Office Depot locations. Please note that You cannot upload password protected documents into My Files. Additionally, the My Files Service only supports the following file formats: PDF, JPG, JPEG, PNG, TIFF, GIF, DOC, DOCx, PPT, XLS, PPTx, XLSx, BMP, and RTF.
The My Files Service provides You with the following security functionalities: (i) Authentication – meaning Your Account can only be accessed by You, Your designated Account administrator or any other user to whom You have granted access to the Account (Account User(s)), and also the My Files Service are accessible through an API serving infrastructure that is only accessible over encrypted SSL/TLS channels, requiring each Account User to utilize a time-limited authentication token generated via human login or private key based secrets through the authentication system each time a request is made by the Account User to access Your Account; and (ii) Encryption – meaning Your user-provided materials as uploaded as a cloud storage object and its metadata (files and related information) is encrypted under a 256-bit Advanced Encryption Standard, and each encryption key is itself encrypted with a regularly rotated set of master keys. While Office Depot and its suppliers have taken commercially reasonable steps to secure the User Content that are stored in Your My Files Account, there is no guarantee of security and You should exercise discretion and good judgment in deciding the nature of the documents to store in Your Account. Despite the use of secure server software and other precautions that are identified in these Terms, such information is subject to interception or alteration by third parties. Office Depot does not guarantee absolute confidentiality or security. In addition, Office Depot may disclose part of or all of Your User Content, to the extent, as is required by law, rule, regulation or court order. The Office Depot Privacy Policy governs the handling of such information.
PROHIBITED CONTENT
You agree that You will not use the My Files Service to post, reproduce or otherwise communicate any material that is p*rnographic, threatening, abusive, harmful, an invasion of privacy or publicity rights, defamatory or otherwise objectionable as determined by us, in our sole discretion. You grant Office Depot permission to use and reproduce the User Content in order to fulfill Your orders. You also represent and warrant that You own the copyright or have permission to copy any documents or materials You submit to upload and store in connection with the My Files Service.
REPRESENTATIONS & WARRANTIES
You represent and warrant that (a) You are the owner of any User Content or otherwise have the legal right to submit and reproduce the User Content; (b) Your User Content does not infringe upon any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (c) Your User Content is not profane, obscene, indecent or violates any law or regulation; (d) Your User Content will not defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (e) Your User Content will not incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (f) You will not include social security numbers or any health related or regulated information, which You agree to redact from any User Content that You elect to upload onto the Site; (g) Your User Content will not contain any information that if the accidental disclosure or theft of such information would cause You severe or irreparable harm; or (h) that Your User Content does not contain software viruses or other harmful computer code that may interfere with or disrupt the services or any servers or networks connected to or used with the My Files Service.
YOU EXPRESSLY AGREE THAT THE USE OF ANY MY FILES SERVICE IS AT YOUR SOLE RISK. THE MY FILES SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE.
INDEMNIFICATION
You agree to defend, indemnify and hold Office Depot, including its subsidiaries and affiliates, and their respective officers, directors, agent and employees, harmless from any suit, claim demand or claim arising out of Your conduct with respect to My Files any breach of Your representation or warranties. You agree to pay any judgment or reasonable settlement offer resulting from such suit, demand or claim, and to pay any attorney’s fees incurred by Office Depot in defending against such suit, demand or claim.
LIMIT OF LIABILITY
OFFICE DEPOT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF YOUR DATA), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, OFFICE DEPOT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY THIRD PARTY MATERIALS. THE MAXIMUM AGGREGATE LIABILITY OF VARIS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO OFFICE DEPOT TO USE THE MY FILES SERVICE.
ENTIRE AGREEMENT
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforcement of the remaining provisions shall not be affected or impaired.
GOVERNING LAW
These Terms are governed by the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the provision of the My Files Service.
