Effective as of 1st October 2008
Welcome to PutPlace! We will backup your digital content and help you organise and share it. We value your content and will take good care of it. It is important that you read and agree with these Terms of Use (“Terms”) which govern your access to this Website and set out the terms and conditions under which we deliver our Services.
By accessing or browsing the PutPlace website (www.putplace.com and related sites) (the "Website"), by downloading our desktop software, by using any of the Services available from PutPlace as a visitor, free- or paid- subscriber, you agree to be bound by these Terms and all PutPlace policies and guidelines. If you do not agree to these Terms, do not use the Website or Services.
PutPlace reserves the right to amend or change these Terms or any other company policy or guideline at any time. These Terms, policies and guidelines should be reviewed regularly by you, since your continued use of the Website, software or Service constitutes your acceptance of such Terms, policies and guidelines.
Definitions
As used in these Terms and Conditions of Use:
"PutPlace," "we," "us," or "our" | mean PutPlace Limited and its subsidiaries and affiliates; |
"you," "your" or "yourself" | refers to the individual or legal entity accessing the Website and registering for or using the Services; |
"Services" or "Service" | means data backup and sharing services, PutPlace software, and any other products or services provided by PutPlace or its authorised agents, distributors, and licensees; |
"PutPlace software" | means software provided to you or for your use by PutPlace; |
"computer" | means a desktop or laptop computer, network device, and any storage device attached to them in any fashion; |
"personal information" | means information concerning yourself that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, gender, year of birth, and postal code. |
You are required to register and create an account in order avail of a free or subscription account. Your account is for your own use only and only one account may be created for a single email address. Similarly, only one individual may access the Services at any one time using the same username and password.
In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are 18 or over and that all information you provide on the registration form is accurate and complete. You must provide an accurate email address, and you must maintain accurate account information in the event that PutPlace needs to send important communications regarding the Service and updates. You also agree to comply with all applicable laws and regulations.
PutPlace reserves the right to withhold Services from anyone at any time at its sole discretion.
Any information you give to us is bound by our privacy policy which can be reviewed at www.putplace.com/privacy.
30-day Free Trial
PutPlace offers users a free 30-day trial. No credit card details are required for this trial. During your thirty-day trial, you will be notified and invited to subscribe to the trial Service on one of our subscription bands. If you allow your trial to expire without subscribing, your account will be locked and your content deleted at our discretion. You can upgrade to a subscription Service at any time during the trial period.
PutPlace reserves the right to refuse access to and to terminate Free Trials at our sole discretion. Free Trials are limited to 80 Gigabytes total backup.
Subscription Bands and pricing
PutPlace clearly states its pricing terms on the Website. Subscription bands are charged based on the volume backed up. PutPlace reserves the right to revise its prices from time to time at its sole discretion.
The volume backed up is measured in gigabytes where a gigabyte is 1024 megabytes. A megabyte is 1024 kilobytes, a kilobyte is 1024 bytes and a byte is 8 bits.
Subscriptions are provided for either six or twelve months (term). You can change your subscription band or term at any time.
PutPlace reserves the right at any time, in its sole discretion and without notice, to amend, suspend or permanently withdraw any aspect of its subscription plans, terms and associated Service features.
Payments
Payment must be made by credit card.
When you have selected your subscription band and term, PutPlace will charge your credit card with the stated fee including applicable taxes for that band and term as posted on www.putplace.com/pricing. You will be alerted by email prior to expiration of the term of your subscription.
PutPlace usually processes subscription payments through a third party provider (e.g. PayPal). You acknowledge that PutPlace has no liability to you arising out of any acts or omissions by any third party payment provider used by us. PutPlace may change the available payment methods at any time.
Payment by you for a PutPlace subscription constitutes your consent for PutPlace to charge to the credit card provided by you, the appropriate charges for the band and term selected by you and for any subscription renewals or upgrades until your account is cancelled or terminated. You represent and warrant that you have the legal right to use the credit card used to set up your account.
We may withhold or terminate our Service or take any other appropriate action as appropriate if we are unable to take payment and process your order. In such a case, we may but are not obliged to, make contact with you directly. We reserve the right to delete your content if we are unsuccessful in processing your payment.
Service Delivery and Usage
Your account will be activated immediately on receipt of payment. If this is not the case, please contact support@putplace.com as soon as possible. If you have any queries in relation to your billing, account or Service you must let us know within 60 days of the query arising by emailing support@putplace.com.
While PutPlace makes every reasonable endeavour to make the Services available at all times, PutPlace does not guarantee the Services and is under no obligation to provide you with maintenance, technical support or updates for the Services.
PutPlace reserves the right to suspend your account if your use of the Services negatively impacts on the operation of our Services or the use of our Services by other users.
You shall not use the Service in any manner that interferes with or disrupts the Service or is intended to do so.
PutPlace shall not be responsible for any loss caused by invalid, already-corrupted or empty files or content that may be uploaded to our Service. Neither is PutPlace responsible for any files or content that may be lost from your computer that has not been backed up.
PutPlace should not be used to support any high-risk activity.
Service Performance
In order to properly utilise the Service, you need a broadband connection. The performance of the Service in terms of speed of upload etc will depend on the capacity of your broadband service. PutPlace is not liable for local broadband failures, modem issues or other related faults.
We make no warranty that any particular computer or other device will be compatible or function with the PutPlace software and Services. We may modify the system requirements for PutPlace at any time.
Renewals
PutPlace will automatically renew your subscription band and term at the end of each term. Renewals shall be automatically charged to your credit card for the appropriate fee at that time unless your account is cancelled or terminated.
If your account details are not kept up to date, there is a danger that automatic renewal of your subscription will fail. In this event, we will contact you at the email address you provided. If we are unable to make contact with you and are unable to charge a subscription to your credit card, we will have no option but to terminate your account and, subsequently, delete your content. You agree that if your account is terminated for whatever reason, we may keep your content on our servers for a reasonable time to enable you to renew if you so desire.
Account Cancellation
You can cancel your account at any time through your account settings on the Website. This automated process will require email verification from you of your instructions. Upon receiving verification, PutPlace will then cancel your account and delete all content backed up with us. Cancelled accounts are not accessible, all content is deleted and may not be retrieved.
Payments are refundable in the event that you cancel your account and your content is deleted. Refunds will be made for any unused full calendar months of your term and refunded to the credit card you have registered either with us or one of our third party payments providers.
Upgrades
Accounts can be upgraded at any time in order to avail of additional backup capacity. You can upgrade your account through your account settings on the site. Any unused subscription fees on your existing subscription will be refunded to you and a new subscription as requested will be charged to the credit card you have registered either with us or one of our third party payments providers. All excess subscription calculations will be based on any unused full calendar months of your term.
Downgrades
You can downgrade your account through your account settings on the site. Any surplus subscription fee will be used to extend the term of your account, or you can request a refund for the surplus. All excess subscription calculations will be based on any unused full calendar months of your term.
Be aware that you should not downgrade your backup capacity if the volume of data backed up with us exceeds the band you plan to downgrade to. We will not be able to apply any downgrade in the event that your volume of data exceeds the band requested.
Accounts that exceed allowed backup limits
You are allowed to upload content to the level specified in your subscription. If you exceed this amount, you will only be able delete content in order to make room for any new or additional content you want to backup. Alternatively, you may wish to upgrade your account.
Service Suspension
In the unlikely event that the PutPlace Service is suspended for a continuous period exceeding 48 hours, the term of your subscription will be extended by an equivalent period, rounded up to the nearest day. PutPlace will have no liability to you for any loss, interruption, discontinuance or unavailability of its Services for any reason, or for any loss of, or inability to access any content
Termination of the PutPlace Service
PutPlace reserves the right at any time, in its sole discretion and without notice, to suspend, change, permanently withdraw or cancel any or all of its Services.
If PutPlace permanently terminates or discontinues all or any part of the Service for which you subscribe, we will terminate your subscription plan and refund you any unused full calendar months of your term. Notwithstanding this commitment, PutPlace will have no further liability to you.
Third Party Access to your content
PutPlace will only access and disclose information from your account in response to legitimate governmental requests, subpoenas or court orders or to protect PutPlace’s systems, customers and business. Such information may include, without limitation, user profile information, IP and traffic information, usage history, etc. You are referred also to PutPlace’s privacy policy for details on how your registration data will be handled by us.
You represent and warrant that, in relation to the content that you backup and manage with PutPlace, (a) you have the right to backup this content to PutPlace; (b) PutPlace’s use of such content in delivering our Service does not violate any third party rights or agreements; and (c) you authorise any importation and movement of this digital content.
You agree that PutPlace has no control over content sent through or backed up by PutPlace. We do not review content backed up by or transmitted through our Service. PutPlace is not liable for such content.
You may not submit or transmit through this Website any content or material that:
a) violates or infringes the proprietary rights of others including, without limitation, patent,
b) is abusive, harassing, threatening, defamatory, libellous, unlawful, deceptive, fraudulent, or otherwise infringes the legal rights of others;
c) victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) is obscene or immoral, as solely determined by PutPlace;
e) impersonates any person, business or entity, or misrepresents your own identity;
f) contains viruses, worms or corrupted files or any other computer code, files or similar programs that interrupt, damage or limit the operation of any computer software, hardware or telecommunications equipment;
g) constitutes the sending of, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications;
h) harvests or otherwise collects personal information about others;
i) encourages behaviour that would constitute a criminal offence, or that gives rise to civil liability;
j) hinders the use of PutPlace by any other person; or
k) violates these Terms or any other policy posted on PutPlace.
We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms, including without limitation, immediate termination of your account or access to PutPlace if we believe, at our discretion, that you are violating these Terms.
You agree to indemnify and hold us harmless against any and all liabilities, costs and expenses we may incur as a result of your submission or transmission through this Website of any material in breach of these Terms.
Privacy of User Information
If you obtain access to PutPlace user information, you agree to use this information only as specifically authorised by PutPlace to carry out the purpose for which the information was provided. Under no circumstances may PutPlace User Information be shared with any third parties whatsoever. Similarly, any such data must be handled as provided for under the PutPlace privacy policy which can be reviewed at www.putplace.com/privacy. These provisions apply whether or not you have a current subscription to PutPlace.
PutPlace may also send you Service or Administration announcements. Under your membership, you agree to accept these communications. You may also be sent notice of special offers, promotions and company news. You may opt out of receiving these communications at any time by emailing unsubscribe@putplace.com.
All feedback provided by users is the property of PutPlace.
Copyright and License Provisions
In order to use PutPlace, you need to download a piece of Desktop Software from the Website.
By creating an account with PutPlace, whether free or paying, we grant you a limited, non-transferrable license to access and make use of our website and Desktop Software for your use only. You have no right to copy, amend or transfer PutPlace software. You have no rights to any patents, copyrights, trademarks, trade secrets, source code etc. in respect of our Software or Services. These Terms shall apply to any updates as will be made available to you.
You may not (a) resell any aspect of the PutPlace Service, software or technology; (b) modify, reverse engineer or make any derivative use of any aspect or part of PutPlace and its Service; (c) use any data mining, robots, data gathering or extraction methods; (d) download any portion of PutPlace information or Service; or (e) make any use of PutPlace’s site, Service, logos or materials other than for their intended purpose; save with the express prior written permission of PutPlace.
Under these Terms, the software is licensed, not sold, to you for the intended purpose. PutPlace reserves all rights not expressly granted to you. All right and title, including all intellectual property rights, in and to the PutPlace software and Services, are owned by PutPlace.
PutPlace may terminate, at its sole discretion, subscriptions and/or accounts of those who are believed to be acting outside these Terms of Service. PutPlace also reserves the right to terminate subscriptions and/or accounts of those who infringe the intellectual property rights of others.
PutPlace reserves the right to revoke any licenses at any time.
Creating Links to PutPlace.com
Some of our Services (e.g. file sharing) are based on the creation of a hyperlink to our site. You are granted a limited, non-exclusive right to create such links provided it does not portray PutPlace in any defamatory manner as decided by us. PutPlace reserves the right to revoke this right at any time without notice.
PutPlace also reserves the right to take any action to limit the bandwidth costs incurred by any content on our service.
Content Storage
PutPlace backs up your digital content on Amazon.com’s Simple Storage Service (Amazon S3). As a result, Amazon S3’s terms of service (available at http://aws.amazon.com/agreement/) also apply and should be reviewed by you. By using this Website and the Services you agree to comply with those terms of service. PutPlace reserves the right to use any additional or alternative third party storage supplier or PutPlace’s own storage resources at its sole discretion.
PutPlace also reserves the right to store content selected at its own discretion on other locations resulting in varying but reasonable access and download times. This practice would normally apply to content that is rarely accessed by the user.
PutPlace also reserves the right, at its own discretion, to process some or all of the content backed up in such a way as to reduce its size. Such processing will not result in any loss of data quality to the user.
Account Security
Your account is accessible only through the username and password that you create on set-up. It is your responsibility to maintain the confidentiality of your account access codes – both offline and online. If you lose or forget your password, you can set up another one on the PutPlace site. You accept responsibility for all activity on your account.
We use reasonable security measures to protect your registration data and content. We cannot, however, guarantee that our best efforts will prevent hackers from illegally accessing the site or its contents. You agree to accept all risks of unauthorised access to any information you provide to PutPlace and to notify us of any unauthorised or suspicious activity on your account. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content
If you decide to backup encrypted data and content to PutPlace, then PutPlace will have no responsibility for any loss or liability resulting from the inability of the user to un-encrypt their data for whatever reason.
Advertising on our site
From time to time, PutPlace may run advertisements from other parties on our site. We make no representation as to the format or content of such advertising and accept no liability for any loss or damage of any sort that may result from the presence of such advertisers on our site.
Rights of Co-Brand partners
If you have created a PutPlace account through a Co-branded version of our Service, you hereby authorise PutPlace to provide your registration details to that Co-brand partner and that this information shall be subject to the privacy policy of the Co-brand partner. PutPlace shall have no liability for any mis-use or liability that may arise from any Co-brand Partner’s use of your data.
If you have subscribed through a PutPlace Partner, some additional Terms and Conditions may apply to your account. These will be available to you through the Partner and you should ensure that you are familiar with these.
Trademarks
“PutPlace” is a trademark of PutPlace and is protected by law. You may not copy or use the PutPlace name or logo without the express prior written permission of PutPlace.
Waiver
If we fail, at any time during the term, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Disclaimer
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.
Liability
Except to the extent otherwise expressly provided in this clause, PutPlace will not be liable to any party for lost or for special, incidental, indirect, punitive, consequential or exemplary damages arising out of or in any manner connected with these Terms or the Service, regardless of the form of action and whether or not PutPlace has been informed of, or otherwise might have anticipated, the possibility of such damages.
In any event, PutPlace's liability to any party for any matter arising out of, or in any manner connected with, these Terms or the Services shall not exceed the aggregate amount of fees actually paid by such party to PutPlace for the Services.
Nothing in these Terms shall exclude or limit the Company's liability for:
death or personal injury; or
fraud; or
any liability which cannot be excluded or limited under applicable law.
Jurisdiction
Your use of the PutPlace site and Services is subject to all appropriate local, state, national and international regulations and laws.
These Terms shall be governed in accordance with the laws of
Assignment
PutPlace may assign any of its rights under these Terms to any subsidiary or entity that acquires any or all of the assets of PutPlace or that acquires any or all of PutPlace’s interests in the Services. You understand that in the event of such a transaction, your personal information may be transferred under the terms outlined in our Privacy Policy which can be reviewed at www.putplace.com/privacy.
