Acceptance of Keyvault Terms of Service
Thank you for visiting Keyvault. Your information could be intercepted while traveling the network. Or your email inbox could be compromised, and all the passwords you received extracted. We let you send any private info using the same secure systems you see on credit card transactions. (For purposes of this discussion, Keyvault, and each of the features of Keyvault, shall individually and collectively be referred to as the "Service").
Please read the following Terms of Service ("TOS"), as the Service is provided to you subject to the TOS. By using the Service, you agree to abide by the TOS in all respects.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You are responsible for obtaining access to the Service, and are responsible for any third-party fees incurred (such as Internet service provider or airtime charges).
Keyvault reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Service for any reason, and to refuse any and all current or future use of the Service.
You understand and agree that the Service is provided "AS-IS", and your use of the Service is at your sole risk. You agree that Keyvault shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If Keyvault believes that unauthorized or improper use is being made of the Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including but not limited to terminating current and future use of the Service, and blocking messages from a particular internet domain, mail server or IP address. Keyvault may prevent terminate any use of the Service which it determines, in its sole discretion, may be connected with any activity that violates the TOS.
The TOS may be updated, modified or amended at any time, without notice. Any new features of the Service shall be subject to the TOS.
Please report any violations of the TOS to: firstname.lastname@example.org. You may also contact us if you have any questions, concerns, or comments about this policy.
Keyvault is committed to the safety and privacy of all of its users. In connection with your use of the Service, you agree not to engage in any activity that may be unlawful, objectionable, offensive, or harmful to others.
All information, data or other materials transmitted through the Service ("Content") is the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you make available through the Service. Under no circumstances shall Keyvault be liable in any way for any Content transmitted through the Service.
By using the Service you agree to refrain from conduct that is or may be deemed, unlawful, improper, or otherwise objectionable, including but not limited to the following:
Transmit or otherwise make available any Content that is or may be deemed unlawful, improper or otherwise objectionable;
Impersonate or otherwise misrepresent your affiliation with a person or entity;
Engage in fraudulent activity;
Exploit the Service or use of the Service for any commercial or other purpose;
Conduct that is or may be deemed harmful to minors;
Transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Transmit or otherwise make available any unsolicited, unauthorized or improper communications that may be deemed "junk mail," or "spam," (please read our complete Spam Policy, which is hereby incorporated by reference);
Transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulations promulgated by governmental or regulatory agencies, in the United States or any other applicable jurisdiction.
In addition, you acknowledge that use of the Service results in interstate and international data transmissions. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Rights of Keyvault
Keyvault shall have the right to pre-screen remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content.
You acknowledge, consent and agree that Keyvault may access, preserve and disclose Content and any other user information if required to do so by law or legal process or upon a good faith belief that such disclosure is reasonably necessary to: (a) comply with the law or legal process; (b) enforce the TOS; (c) protect against, investigate, or prevent actual or potential fraud, unauthorized transactions, or prohibited activity (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Keyvault, its users and the public.
You acknowledge that Keyvault may establish general practices and limits concerning use of the Service. You agree that Keyvault has no responsibility or liability for the deletion or failure of any transmission or Content transmitted by the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Keyvault, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Keyvault reserves any and all rights not explicitly stated herein. Failure to enforce this TOS in every instance does not amount to a waiver of Keyvault’s rights.
Keyvault may provide, or third parties may provide, links to other websites or resources. Keyvault is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Keyvault shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Keyvault, its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of any third parties.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEYVAULT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KEYVAULT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEYVAULT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEYVAULT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEYVAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
The TOS constitutes the entire agreement between you and Keyvault and governs your use of the Service, superseding any prior agreements between you and Keyvault with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Keyvault services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and Keyvault shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Keyvault agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the city of New York.
Waiver and Severability of Terms
The failure of Keyvault to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.