Terms and Conditions
Files and Folders
“Your Files” or “User Files” (collectively, the “Files”) as used in
this Agreement means the information contained in the files that you
or other users upload, download and access through the Site and
Services. You are the owner of Your Files and are solely responsible
for your conduct and the content of Your Files.
Plunify does not claim any ownership rights in Your Files. You
acknowledge that Plunify does not have any obligation to monitor the
Files that are uploaded or otherwise transmitted using the Site or
Services, for any purpose and, as a result, is not responsible for the
accuracy, completeness, appropriateness, legality or applicability of
the Files, including without limitation, any information obtained by
using the Site or Services. Plunify does not endorse anything
contained in the Files or any opinion, recommendation or advice
expressed therein and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against
Plunify with respect thereto.
Your Responsibilities
You represent and warrant that you own or have the necessary licenses,
rights, consents and permissions to grant the licenses that your files
and folders might require, as described above. You should be aware
that Files may be protected by intellectual property rights which are
owned by the Plunify user whose folder that the File resides in.
You acknowledge and agree that you should not rely on the Site,
Content, Files and Services for any reason. You further acknowledge
and agree that you are solely responsible for maintaining and
protecting all data and information that is stored, retrieved or
otherwise processed by the Site, Content, Files or Services. Without
limiting the foregoing, you will be responsible for all costs and
expenses that you or others may incur with respect to backing up, and
restoring and/or recreating any data and information that is lost or
corrupted as a result of your use of the Site, Content, Files and/or
Services.
Privacy
See Plunify's Privacy Policy at http://www.plunify.com/privacy for
information and notices concerning Plunify's collection and use of
your personal information.
Account Security
You are responsible for safeguarding the password that you use to
access the Site, Content, Files and Services. You agree not to
disclose your password to any third party. You agree to take sole
responsibility for any activities or actions under your password,
whether or not you have authorized such activities or actions. You
will immediately notify Plunify of any unauthorized use of your
password. You acknowledge that if you wish to protect your
transmission of data and/or files to Plunify, it is your
responsibility to use a secure encrypted connection to communicate
with and/or utilize the Site, Files and Services.
Your Use of the Services
Plunify grants you a limited, nonexclusive, nontransferable, revocable
license to use the Site, Content, Files and Services subject to the
restrictions set forth in these Terms of Service.
Plunify Property and Feedback
All right, title, and interest in and to the Site, Content, and
Services are and will remain the exclusive property of Plunify and its
licensors, including all Intellectual Property Rights (as defined
below) therein, even if Plunify incorporates any of your Feedback (as
defined below) into subsequent versions. The Site, Content, and
Services are protected by copyright, trademark, and other laws of both
the United States and foreign countries. Except as expressly permitted
in these Terms of Service, you may not reproduce, modify or prepare
derivative works based upon, distribute, sell, transfer, publicly
display, publicly perform, transmit, or otherwise use the Site,
Content, or Services. You may not copy or modify the HTML or other
code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the
“Feedback”) that you provide to Plunify, in any form, and any
contributions you make to the Site by posting content will be the sole
and exclusive property of Plunify. You hereby irrevocably transfer and
assign to Plunify and agree to irrevocably assign and transfer to
Plunify all of your right, title, and interest in and to all of your
Feedback, including all worldwide patent rights (including patent
applications and disclosures), copyright rights, trade secret rights,
and other intellectual property rights (collectively, the
“Intellectual Property Rights”) therein. At Plunify's request and
expense, you will execute documents and take such further acts as
Plunify may reasonably request to assist Plunify in acquiring,
perfecting and maintaining its Intellectual Property Rights and other
legal protections for your Feedback. You will not earn or acquire any
rights or licenses in the Site, Content, and Services or in any
Plunify Intellectual Property Rights on account of these Terms of
Service or your performance under these Terms of Service.
General Prohibitions
You agree not to do any of the following while using the Site,
Content, Files or Services:
Post, publish or transmit any text, graphics, or material that: (i) is
false or misleading; (ii) is defamatory; (iii) invades another's
privacy; (iv) is obscene, pornographic, or offensive; (v) promotes
bigotry, racism, hatred or harm against any individual or group; (vi)
infringes another's rights, including any intellectual property
rights; or (vii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil
liability;
Access, tamper with, or use non-public areas of the Site (including
but not limited to user folders not designated as 'public' or that you
have not been given permission to access), Plunify's computer systems,
or the technical delivery systems of Plunify's providers;
Attempt to probe, scan, or test the vulnerability of any system or
network or breach any security or authentication measures;
Attempt to access or search the Site, Content, Files or Services with
any engine, software, tool, agent, device or mechanism other than the
software and/or search agents provided by Plunify or other generally
available third-party web browsers (such as Microsoft Internet
Explorer or Mozilla Firefox), including but not limited to browser
automation tools;
Send unsolicited email, junk mail, “spam,” or chain letters, or
promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information
in any email or newsgroup posting, or in any way use the Site,
Content, Files or Services to send altered, deceptive or false
source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Site, Content, Files or Services;
Interfere with, or attempt to interfere with, the access of any user,
host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the Site; or plant
malware on Plunify's computer system, those systems of Plunify's
providers, or otherwise use the Site, Content, Files or Services to
attempt to distribute malware;
or
Impersonate or misrepresent your affiliation with any person or entity.
Plunify will have the right to investigate and prosecute violations of
any of the above, including intellectual property rights infringement
and Site security issues, to the fullest extent of the law. Plunify
may involve and cooperate with law enforcement authorities in
prosecuting users who violate these Terms of Service. You acknowledge
that Plunify has no obligation to monitor any user's access to or use
of the Site, Content, Files and Services, but has the right to do so
for the purpose of operating the Site and the Services, to ensure
users' compliance with these Terms of Service, or to comply with
applicable law or the order or requirement of a court, administrative
agency or other governmental body.
You will only upload, post, submit or otherwise transmit data and/or
files: (i) that you have the lawful right to use, copy, distribute,
transmit, or display; or (ii) that does not infringe the intellectual
property rights or violate the privacy rights of any third party
(including, without limitation, copyright, trademark, patent, trade
secret, or other intellectual property right, or moral right or right
of publicity). Plunify has adopted and implemented a policy that
permits the deletion of files that violate this policy, and that
permits the termination in appropriate circumstances of the accounts
of users who repeatedly infringe or are believed to be or are charged
with repeatedly infringing the rights of copyright holders.
Links
The Site may contain links to third-party websites or resources. You
acknowledge and agree that Plunify is not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not
imply any endorsement by Plunify of such websites or resources or the
content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
Termination
If you violate any of these Terms of Service, your permission to use
the Site, Content, Files and Services will automatically terminate.
Plunify reserves the right to revoke your access to and use of the
Site, Content, Files and Services at any time, with or without cause,
and with or without notice. Plunify also reserves the right to cease
providing or to change the Site, Content, Files or Services at any
time and without notice.
Plunify reserves the right to terminate Free Accounts at any time,
with or without notice. Without limiting the generality of the
foregoing, and without further notice, Plunify may choose to delete
and/or reduce: (i) any or all of Your Files if your Free Account is
inactive for 90 days; and (ii) previous versions and/or prior backups
of Your Files.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, Files and Services and is
at your own risk. Plunify 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 Site, Content, Files or
Services.
Plunify is Available “AS-IS”
THE SITE, CONTENT, FILES AND SERVICES ARE PROVIDED “AS IS”, WITHOUT
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, PLUNIFY EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, FILE AND SERVICES MAY
RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR
COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR
EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.
PLUNIFY MAKES NO WARRANTY THAT THE SITE, CONTENT, FILES OR SERVICES
WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. PLUNIFY MAKES NO WARRANTY REGARDING THE
QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR
OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SITE, CONTENT, FILES OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
PLUNIFY OR THROUGH THE SITE, CONTENT, FILES OR SERVICES, WILL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold Plunify, its officers,
directors, employees and agents, harmless from and against any claims,
liabilities, damages, losses and expenses, including, without
limitation, reasonable attorneys' fees and costs, arising out of or in
any way connected with: (i) your access to or use of the Site,
Content, Files and Services; (ii) your violation of this Agreement;
(iii) your violation of any third party right, including without
limitation any intellectual property right, including but not limited
to right of attribution, publicity, confidentiality, property or
privacy right; or (iv) any claim that Your Files, or your use of
Files, caused damage to a third party, including without limitation
claims that Your Files, or use of Files, infringe the rights of
another.
Limitation of Liability
IN NO EVENT WILL PLUNIFY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE,
DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR
USE, THE SITE, CONTENT, FILES AND/OR SERVICES, OR FOR ANY ERROR OR
DEFECT IN THE SITE, CONTENT, FILES OR SERVICES, WHETHER SUCH LIABILITY
ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY,
WHETHER OR NOT PLUNIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PLUNIFY IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. FURTHER, PLUNIFY WILL HAVE NO LIABILITY TO
YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR
DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR
IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD
PARTIES.
FREE ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF
PLUNIFY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE
SITE, CONTENT, FILES AND/OR SERVICES IS LIMITED TO TWENTY ($20) U.S.
DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLUNIFY AND YOU.
Severability
In the event that any provision of these Terms of Service is held to
be invalid or unenforceable, the remaining provisions of these Terms
of Service will remain in full force and effect.
Waiver
The failure of Plunify to enforce any right or provision of these
Terms of Service will not be deemed a waiver of such right or
provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed
by the laws of the Republic of Singapore without regard to its
conflict of law provisions. The exclusive jurisdiction and venue of
any action with respect to the subject matter of these Terms of
Service will be the courts of law located in the Republic of Singapore
and each of the parties hereto waives any objection to jurisdiction
and venue in such courts.
Entire Agreement
These Terms of Service are the entire and exclusive agreement between
Plunify and you regarding the Site, Content, Services and Your Files,
and these Terms of Service supersede and replace any prior agreements
between Plunify and you regarding the Site, Content, Services and Your
Files.
