This Agreement is between iBlubox Ltd. ("Bluboxes", "we", "us", "our") and you ("you", "user", or "customer"), as a user of the Bluboxes service ("service"), and governs the terms and conditions of your use of the service. If you agree to these terms of service ("terms"), and wish to use the service, please accept the Bluboxes.com terms and conditions on the sign-up page. Acceptance of the terms will constitute a binding agreement, and supersede all prior agreements between you and Bluboxes. Your use of any software provided to you by Bluboxes, related to the service, will be subject to a separate agreement governing the use of such software. Your use of the service is specifically dependant upon your compliance with these terms. If you do not wish to accept the terms, do not accept the Bluboxes.com terms and conditions on the sign-up page, or download the software provided by Bluboxes for use with the service. We reserve the right to terminate our service to you, at any time, if you violate these terms.
iBlubox Ltd. is referred to herein as "Bluboxes", "we", "us", or "our". You, as the user, are referred to herein as "you", "user", or "customer". The equipment and software owned, leased, used by, or maintained for or by Bluboxes are referred to herein as "the Bluboxes servers", "servers" or "system".
To use the Bluboxes service, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy. If you provide Bluboxes with inaccurate information, we may terminate your right to access the service immediately with out notice. Bluboxes reserves the right to refuse the right to access our service to any user, at our sole discretion. In addition, we reserve the right to close accounts set up for fraudulent purposes.
Age requirements: You must be at least 14 years of age to use the Bluboxes service. If you, your parent or guardian, have any concerns please feel free to contact us. By registering for this service you represent to Bluboxes, that you are 14 years of age or older.
After your registration is approved, Bluboxes grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the service solely for your own internal purposes.
When you register as a member you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information required for your use of the service. You are also solely responsible for any and all activities that occur under your account. You shall notify Bluboxes immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Bluboxes does not guarantee the security of any information transmitted to or from the service provided to you.
Bluboxes will not monitor, edit, or disclose any information regarding you or your account, including any data, without your prior permission except in accordance with these terms. Please be aware that Bluboxes reserves the right to provide statistical information such as usage or service traffic patterns in aggregate form to third parties but will never include personally identifiable information.
We may need to access your account for the following reasons:
Bluboxes offers its service to you for monthly or annual fees which you will pay by the use of an authorized credit card. Your authorized credit card will automatically be charged for monthly or annual fees on the day you sign up for the service. Thereafter, the monthly or annual fees will automatically be charged to your authorized credit card, on the date your service plan is set to renew. Bluboxes reserves the right to change the fees or applicable charges and to institute new pricing at any time, upon thirty (30) days prior notice sent to you via email.
Your Bluboxes account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next billing cycle. Bluboxes reserves the right to suspend the service provided to you, and to purge the files associated with your user account from our system, if your account is delinquent for more than 30 days. We may change this policy at any time, upon reasonable notice to you.
If you believe Bluboxes has billed you incorrectly, you must contact Bluboxes no later than 60 days after the closing date of the billing cycle during which the disputed charge appeared. If you fail to contact Bluboxes within 60 days, we are unable to make adjustments to your bill, or issue a credit. Please feel free to direct any billing issues to our Customer Support department (support@Bluboxes.com).
Bluboxes will not refund any fees paid for subscriptions for the service. It is your responsibility to determine if the service meets your needs before you subscribe by taking up a free version of the Services and evaluating the Service prior to purchasing. In addition, it is your responsibility to cancel your subscription if you do not wish to continue using the service.
You may cancel your subscription to the service from renewing in the future at any time. To do so, visit the 'Account / Service Plan' page on the Bluboxes web site. You will need to provide your account username and password in order to login to the web site. If you do cancel, you will NOT receive a refund of your subscription fee for the current subscription period. However, you will continue to have access to the service for the remainder of your subscription period.
Upon cancellation or termination of an account, Bluboxes shall have no obligation to maintain any files stored in your account or to forward any files to you or any third party.
Bluboxes, in its sole discretion, may terminate your use of the service and purge any files associated with your user account from our system if you fail to comply with these terms. Bluboxes does not wish to ever have to immediately purge any customers' files and would only do so in extreme cases that require immediate action (such as cases of flagrant copyright violation).
You may backup photos, videos or any other files contained within Bluboxes Archives using the Bluboxes service, in accordance with these terms.
Under these terms, you agree that you will NOT transmit any of the following material to our servers for backup. Photos and Videos that are transmitted to the Bluboxes servers shall NOT:
Bluboxes is not responsible for, and does not review the content of photos and videos transmitted to our servers for backup. However, we reserve the right to suspend the service provided to you, and to purge the photos and videos associated with your user account from our system, if any of the photos or videos you transmit to our servers violates these terms.
You understand and agree that all files stored and shared using the service will be stored on Amazon, Inc. servers. We reserve the right to suspend the service provided to you, and to purge the files associated with your user account from our system, if your account is delinquent for more than 30 days.
You agree to abide by the terms set forth in this document and all English laws, statutes, ordinances and regulations in your use of the service. In addition, you agree to abide by any other applicable local, state, national or international law, statute, ordinance or regulation in your use of the service.
You agree not to:
Bluboxes does not and will not ever claim ownership of any your files. The full rights of your files remains with you at all times.
Copyright, trademark and other laws of both the English and foreign countries protect the Bluboxes web site and service. You may not copy or modify the code used to generate web pages on the site. Bluboxes reserves the right to prosecute any violations of intellectual rights infringement and/or system security issues, to the fullest extent of the law.
You are responsible for ensuring that all of the photos and videos you transmit using our service are your own original work, or the original work of others from whom you have received the rights or authority to enter this Agreement.
If Bluboxes believes, in its own discretion, that you have used the system to backup copyrighted material, that has not been legally obtained, Bluboxes may disclose your identity to the proper authorities. In addition, Bluboxes retains the right to terminate, and purge all of the files associated, at it's own discretion, if an account contains copyrighted photos or videos or any other copyrighted material that has not been legally obtained.
In accordance with the Digital Millennium Copyright Act ('DMCA'), copyright owners, or persons authorized to act on behalf of owners who believe photos or videos stored on the Bluboxes servers may infringe any exclusive right(s) of the copyright owner should notify Bluboxes immediately.
Copyright issues must be addressed to Bluboxes as follows:
Legal Notice
iBlubox Ltd.
8 Greenfield Crescent,
Edgbaston,
Birmingham,
B15 3BE, UK
info@Bluboxes.com
Bluboxes controls and operates this service from its location in the United Kingdom and is subject to English Export Administration Laws and Regulations. Bluboxes makes no representation that the service is appropriate or available for use in other locations. If you use the service from outside the United Kingdom, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to English law is prohibited. None of the Content, nor any information acquired through the use of the service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United Kingdom Government for such purposes. You shall comply strictly with all English export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
We reserve the right to amend these terms and conditions from time to time. If you have registered as a member, we shall notify you of any material changes to these terms by email sent to the address you have provided to Bluboxes for your account. You are responsible for regularly reviewing this Agreement. If you continue to use the service once you have been notified of the changes to these terms, you will be deemed to have accepted those changes.
Bluboxes is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, Bluboxes does not provide any warranties in respect of its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.
These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of the English courts.
Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against Bluboxes arising out of or related to these terms or use of the service provided to you by Bluboxes, must be filed within twelve (12) months of the date upon which you were or should have first been aware of the existence of the grounds for your claim or cause of action.
Legal Notice
iBlubox Ltd.
8 Greenfield Crescent,
Edgbaston,
Birmingham,
B15 3BE, UK
info@Bluboxes.com
At our sole discretion, Bluboxes may grant a full twelve (12) month refund to you if any of your photos are unrecoverable by our service AND meet all the following criteria:
In the event that Bluboxes is required to dissolve its business due to an impending bankruptcy or otherwise, we shall notify you via email sent to the address you have provided to Bluboxes for your account. You will have fifteen (15) days to find an alternative solution and be given an opportunity to remove any files you have stored with our service.
OTHER THAN THE SERVICE LEVEL TERMS STATED ABOVE, Bluboxes MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Bluboxes DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN 'AS IS' BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Bluboxes.
You shall indemnify and hold Bluboxes and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the service breach of this Agreement.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY PHOTOS OR VIDEOS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. OTHER THAN THE SERVICE LEVEL TERMS STATED ABOVE, YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS OR VIDEOS OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE USE OF THIS SERVICE. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO A PHOTO OR VIDEO THAT HAS BEEN TRANSMITTED TO OUR SERVERS, Bluboxes SHALL NOT BE LIABLE FOR THE REPLACEMENT OF THAT PHOTO OR VIDEO. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Bluboxes BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF Bluboxes HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.