• Clarivate Analytics
  • These Terms of Use apply to your use of the cloud storage service (the “Service”) offered to you as a Clarivate Analytics customer, but provided through a third-party (the “Service Provider”). Your use of the Service is deemed acceptance of these term and conditions.
  1. No Affiliation. Clarivate Analytics and the third-party Service Provider are separate entities that have no affiliation with one another and do not have the right to bind the other, contractually or otherwise.
  2. Scope of Services. The Service provided by the Service Provider includes all online virtual data room, offline services and any related support services. The Service shall keep all Materials supplied by you confidential, secure, and in accordance with those standards required by under ISO 27002 (Security) and SSAE16 SOC3; and ensure that all personnel having access to Materials are under a binding commitment to maintain the confidentiality and security of those Materials. Technical support by phone and email is provided free with the Clarivate Analytics Private Site during the hours 7am to 7pm Monday through Friday Central Time. The Service Provider will provide technical support and account support directly to users, including password-reset requests to the registered email address of the requestor through email at support@filesanywhere.com or telephone at 1-(469)499-0777.
  3. No Liability for Data Stored on the Service. Clarivate Analytics assumes no liability for the content of any of the data you store on the Service, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the file content they upload and store on the Service. You warrant and represent that you own or otherwise control all of the intellectual property rights necessary for the data stored using the Service.
  4. Individual Account Security, Privacy, and Personal Use. Each user is the only person responsible for the security and confidentiality of their passwords or other identifiers required to be used in order to access the Service. Furthermore, each user is entirely responsible for any and all activities that occur under their account. You agree to notify the Service Provider immediately of any unauthorized use of your account or any other breach of security by your users or other third parties. Clarivate Analytics will not be liable for any loss that you may incur as a result of someone else using your passwords or accounts, either with or without your knowledge. You—and your user’s—may not use anyone else’s account at any time without the permission of the account holder.
  5. Grant of License, Non-Transferable Membership. Clarivate Analytics grants you a personal, non-exclusive, non-transferable license to use the Service for your own individual purposes. All rights related to this Service not expressly granted to you are retained by Clarivate Analytics or the Service Provider. You shall use the Service only as specifically permitted by this license and in accordance with the requirements of applicable federal, state and local law. You shall not modify, enhance or otherwise alter the Service. You further agree not to alter, obscure or remove any copyright notices and other proprietary notices, regardless of form, contained in or affixed to the Service. You must have a valid, registered user account to access the Service. Your password may be maintained by you as often as you like, however this password is non-transferable. Upon termination or cancellation of the Service, this agreement will automatically terminate and the license to use the backup software under this agreement shall be permanently revoked; provided that the Service Provider shall reasonably provide you or your designee with the information, cooperation and assistance, as reasonably requested by you, to assure an orderly return or transfer of your Materials (and all related records and files) to you. YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE USED BY ANY OTHER INDIVIDUAL OR AUTOMATED PROCESS TO ACCESS YOUR ACCOUNT UNLESS THEY ALSO HAVE AN ASSIGNED USER LICENSE OR "SUBACCOUNT" USER LICENSE. This includes access via Web, FTP, Secure FTP or WebDAV protocols.
  6. Term. You may use the Service for as long as you are a Clarivate Analytics customer in good standing and the Service is available through Clarivate Analytics.
  7. Disclaimer of Warranties. Clarivate Analytics IS NOT RESPONSIBLE FOR ANY LOSS OF DATA DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE. DUE TO THE NATURE OF THE INTERNET AND THE ONLINE BACKUP SERVICE, IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE TESTS OF THE FILE RESTORE FEATURES AND FAMILIARIZE YOURSELF WITH THE COMPLETE OPERATION OF THE BACKUP SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES. You agree that the Service comes with no warranty and is "AS IS" and "AS AVAILABLE" only. The Service is not intended to be the sole backup location for any data; users are responsible for backing up their own data files to a location other than the Service. You assume all risks associated with accepting a Service of this kind. Clarivate Analytics expressly disclaims every type of warranty whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.

    Clarivate Analytics makes no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure or error-free. Clarivate Analytics takes no responsibility for damage done to your property as a result of your use, unauthorized use, misuse, unauthorized modifications, neglect, or by accident, fire, power surge or failure, other hazard, or force majeure, of the Service. In addition, Clarivate Analytics does not make a warranty for any goods which are purchased through the Service. Anything which you purchase through the Service is a separate agreement between you and the third party, and Clarivate Analytics shall have nothing to do with it. Further, if anyone who is an employee or agent of Clarivate Analytics makes any sort of statement, it shall not be construed as a warranty.
  8. Limitation of Liability. Neither of us will be liable for any special, direct, consequential, indirect, punitive, or incidental damages related to this Agreement. These excluded damages include, but are not limited to, loss of data, loss of goodwill, loss of profits, loss of savings, loss of use, interruption of business, or other economic loss. The total aggregate liability and exclusive remedy under this agreement for each of us, for any claim, whether in contract (including breach of warranty) or tort (including negligence) shall be limited to 100% of the amount paid under this agreement. The existence of more than one claim will not enlarge or extend these limits.
  9. US Laws. When using the Service, you agree to follow U.S. laws regarding transmitting data and not to make illegal use of the Service or use it for purposes which are illegal. The Service, including technical data and data you store, is subject to U.S. export control laws, including the International Emergency Economic Powers Act and the U.S. Export Administration Act and their associated regulations, and may be subject to export or import regulations in other countries. You acknowledge and agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import such data. Further, you agree not to use the Service for transmitting vulgar, obscene, harmful, libelous, abusive, or unlawful material. You agree not to attempt to gain access to other computer systems. Also, you agree not to interfere with anyone else who is a member of the Service in their use and enjoyment of the Service. You agree to not transmit anything over the Service which could cause civil liability against anyone or break applicable international regulations, international laws, national laws, national regulations, state laws, state regulations, or local laws, or local regulations.
  10. Use of Service. In connection with any file uploads, shared fo In connection with any file uploads, shared folders, emailed file attachments, or other links, you further agree that you will not: (i) submit material to the Service or distribute material from the Service, whether it by uploading, email file attachments, links, or any other feature provided by the Service, that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant to Clarivate Analytics and the Service Provider all of the license rights granted herein;
  • (ii) publish falsehoods or misrepresentations that could damage Clarivate Analytics or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

    Clarivate Analytics does not endorse any user-supplied content or guest-supplied content or uploaded material or any opinion, recommendation, or advice expressed therein, and Clarivate Analytics expressly disclaims any and all liability in connection with user-supplied content or guest-supplied content or uploaded material. Clarivate Analytics and the Service Provider do not monitor use of the Service. However, Clarivate Analytics reserves the right for the Service Provider to review data and use and to remove any materials in its sole discretion. Clarivate Analytics does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Service Provider will remove all user-supplied content or guest-supplied content or uploaded material if properly notified that such content infringes on another's intellectual property rights. Clarivate Analytics reserves the right to remove such content without prior notice. The Service Provider may also terminate your, or your users’, access to the Service, if you are or your user is determined to be a repeat infringer. You, or your users, are a repeat infringer if you have been notified of infringing activity more than twice and/or have had such content removed from the Service more than twice. Clarivate Analytics also reserves the right for the Service Provider to decide whether user-supplied content or guest-supplied content or uploaded material is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law such as, but not limited to, pornography, obscene or defamatory material, material that may be offensive, content having excessive file size or excessive use which puts an excessive load on the servers to the detriment of other users or Clarivate Analytics, or links that have been unused for a period of one year or longer. The Service Provider may remove such uploaded material or links and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In particular, if you are a copyright owner or an agent thereof and believe that any material uploaded by a customer or guest user of a customer or other content infringes upon your copyrights, you may submit a notification directly to the Service pursuant to the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent (see 17 U.S.C 512(c)(3) for further detail). Refer to the Services Copyright Agent page for more information on filing a claim or counterclaim: Notice and Procedure for Making Claims of Copyright Infringement.
  1. Indemnification. You agree to indemnify and hold Clarivate Analytics, the Service Provider and their respective affiliates, officers, stockholders, agents, representatives and employees harmless, including but not limited to reasonable attorneys’ fees and litigation expenses, from any type of demand or any type of claim which is made by any third party as a result of (i) your use of the Service, (ii) your breach of any term or condition of these Terms of Use, (iii) your violation of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by you concerning any aspect of the Service, (v) violations of your obligations of privacy to any third party, or (vi) any claims with respect to your acts or omissions in connection with the Service. Your indemnification also includes other users of the Service using your computer or your account.
  2. Sole Responsibility for Data, Account Termination. You agree to be solely and completely responsible for all of your transmissions onto and off of your Service account, and the contents of those transmissions. Clarivate Analytics has the right to terminate this Agreement at any time in the event that you have committed a material breach and have failed to cure such breach within thirty (30) days of prior written notice of such breach. If such termination is made by Clarivate Analytics for a material breach by you, you agree (i) you may not have permission to access your files on the Service and your files will be permanently removed from the servers, and (ii) there is no obligation to give you access to any data which you have uploaded or inserted into the Service in any way.
  3. Advertisements. Clarivate Analytics assumes no liability for anything which is perceived by you in advertisements in the Service, or any actions which are taken or not taken as a result of those advertisements, and any contact which you have with the advertisers.
  4. Intellectual Property. By registering with the Service, you understand and agree that all content created by or part of the Service is protected by trademarks, copyright, service marks, or other property rights and laws, and title to such content and software, including all copies thereof, shall be in and remain with the Service. You agree that you will not “unlock,” decompile, reverse engineer, disassemble, or otherwise translate the binary or object code versions of the Service to human-readable form nor permit any person or entity under your control to do so. Therefore, you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of these contents. Further, your use of the Service must be in accord with and governed by all appropriate state, federal, local, international, and national laws and regulations.
  5. Applicable Laws. If anything which is inserted into this Terms of Use document is found by the appropriate legal jurisdiction and authority to be in violation of the relevant law then the other parts of the Terms of Use shall be understood as close to their original meaning as possible and the parts which were not in violation of a law remain in full effect, and full force. By using the Service, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Clarivate Analytics.
  6. Enforcement. If either Party fails to act on any of the terms of this document it should not be construed as a waiver of any provision unless a Party agrees to any such waiver in writing.
  7. Miscellaneous.
    1. You may not assign this Agreement or any of its rights or interests hereunder, or delegate any of its obligations hereunder, to any third-party.
    2. Neither party has any express or implied right or authority to assume or create any obligations on behalf of the other or to bind the other to any contract, agreement or undertaking with any third party. Nothing in these Terms of Use shall be construed to create a partnership, joint venture, employment or agency relationship between the parties.
    3. This Agreement contains the entire agreement between the parties with respect to its subject matter and may not be modified except by an instrument in writing.
    4. Neither party to this agreement will be liable for failure or delay in pNeither party to this agreement will be liable for failure or delay in performance of its obligations under this Agreement due to reasons beyond its reasonably control including: acts of war, acts of God, earthquake, flood, riot, embargo, government act or failure of the Internet, provided that the delayed party gives the other party prompt notice for such cause.