Effective Date: 2024-09-28
Welcome to etail.me ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our Google Drive file selling platform (the "Service"). Please read these Terms carefully before using the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those 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 Service.
You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
To use our Service, you must authorize us to access your Google Drive. You acknowledge and agree that:
5.1. We require full access to your Google Drive to provide the Service.
5.2. We will only access the specific files you choose to sell through our platform.
5.3. We do not read or store your entire file list.
5.4. We do not save copies of your files; they remain stored in your Google Drive.
5.5. We act solely as an intermediary to facilitate the sharing of your chosen files with buyers.
5.6. You can revoke our access to your Google Drive at any time through your Google account settings.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") from your Google Drive. You are responsible for the Content that you make available through the Service, including its legality, reliability, and appropriateness.
By making Content available, you represent and warrant that:
6.1. The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms.
6.2. The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6.3. The Content does not contain any of the prohibited materials listed in Section 7 of these Terms.
We reserve the right to terminate the account of anyone found to be infringing on a copyright or sharing prohibited content.
You agree not to upload, share, or sell any Content that:
7.1. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
7.2. Contains terrorist content or religious extremist material.
7.3. Exploits children or minors in any way.
7.4. Is pirated software or contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.5. Promotes illegal drugs or substances.
7.6. Includes information about weapons or explosives.
7.7. Contains personal information or data about individuals without their consent.
7.8. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
7.9. Impersonates any person or entity, including any of our employees or representatives.
7.10. Violates any law, statute, ordinance or regulation.
We reserve the right to remove any Content that violates these terms and to terminate the accounts of users who repeatedly violate this policy.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Etail Depot US Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Etail Depot US Inc..
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of support@etail.me and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
10.1. We use Stripe, a third-party payment processor, to process all financial transactions on the Service.
10.2. By using the Service, you agree to be bound by Stripe's Terms of Service.
10.3. You expressly understand and agree that all payments for files purchased through the Service are final and will not be refunded.
10.4. We reserve the right to refuse or cancel any orders placed for files priced incorrectly due to pricing errors.
10.5. We are not responsible for any additional fees, taxes, or charges that may be applied to your payment by your bank or credit card company.
11.1. When a buyer purchases a file, we will automatically add the email address provided by the buyer to the file's sharing list on Google Drive.
11.2. Sellers are responsible for ensuring that the files they sell remain accessible to buyers for a reasonable period after purchase.
11.3. We are not responsible for any issues arising from changes made to the shared file by the seller after purchase.
11.4. Buyers are responsible for downloading and backing up any purchased files.
By using the Service, you represent and warrant that:
12.1. You have the legal right to sell the files you list on our platform.
12.2. Your use of the Service will not violate any applicable law or regulation.
12.3. You will not use the Service for any illegal or unauthorized purpose.
12.4. You will not attempt to probe, scan, or test the vulnerability of the Service or any related system or network.
In no event shall Etail Depot US Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
13.1. Your access to or use of or inability to access or use the Service;
13.2. Any conduct or content of any third party on the Service;
13.3. Any content obtained from the Service; and
13.4. Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Etail Depot US Inc., its subsidiaries, affiliates, and its licensors do not warrant that:
14.1. The Service will function uninterrupted, secure or available at any particular time or location;
14.2. Any errors or defects will be corrected;
14.3. The Service is free of viruses or other harmful components;
14.4. The results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account by clicking on the "Delete Account" button in your account settings.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17.1. When you delete your account, we will retain your data for 90 days before permanently deleting it from our systems.
17.2. We will permanently retain certain file information to allow buyers to view their purchase records, such as file names and sizes, but not the actual file contents.
17.3. You can request deletion of your personal data at any time by contacting us at support@etail.me.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.
19.1. We use Google Analytics to help analyze how users use the Service. Google Analytics uses cookies to collect information such as how often users visit the Service, what pages they visit, and what other sites they used prior to coming to the Service.
19.2. We use Sentry for error monitoring and crash reporting to improve the stability and performance of our Service.
19.3. We may use Posthog to analyze user data and improve our Service.
The Service is controlled, operated, and administered by Etail Depot US Inc. from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Etail Depot US Inc. Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
If you have any questions about these Terms, please contact us at:
Email: support@etail.me
Etail Depot US Inc.