TERMS OF USE

Date of Last Revision: 5th May 2017

IMPORTANT NOTICE:

The following Terms of Use (“Terms of Use”) apply to the use and/or download and installation of the Pushfor private cloud sharing desktop, browser and mobile applications (the “Application”) as made available by Pushfor Limited.

On occasions, you may be accessing the Application as directed by your employer, client or business partner and not as a consumer (in these instances you are a “a Business User”), and in those circumstances your use of the Application is also subject to the terms of the Software Licence between Pushfor Limited and its Enterprise Licence licensee (“the Pushfor Customer”).By downloading and using the Application, you confirm that you are either a consumer or you are a Business User.

Where certain clauses of these Terms of Use only apply in particular circumstances, for example to use the Pushfor iOS App, those circumstances are explained below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE APPLICATION.

PRIVACY POLICY FOR CONSUMERS:
Use of any part of the Application is also subject to the Pushfor privacy policy 

PRIVACY POLICY FOR BUSINESS USERS:
Your use of the Application is subject to the Pushfor Customer’s own privacy policy. As a business user you should contact the Pushfor Customer for further details.

BY USING THE APPLICATION YOU ARE TELLING US THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND, IF YOU ARE A CONSUMER, THE PUSHFOR PRIVACY POLICY. IF YOU DO NOT ACCEPT OR UNDERSTAND THESE TERMS OF USE OR ANY PART OF THEM, YOU SHOULD NOT USE OR ACCESS THE APPLICATION OR ANY PART OF IT.

1.                  INTRODUCTION

1.1               The Application is owned by Pushfor Limited, referred to as “Pushfor”, “us”, “we”, andour” in these Terms of Use.  Our registered office is at Fourth Floor, 41-47 Hartfield Road, London, England, SW19 3RQ.  We are a company registered in England with company number 08556900.

1.2               FOR BUSINESS USERS ONLY:

1.2.1           Pushfor has granted a licence to the Pushfor Customer to use the Service under the terms of the separate Software Licence.

1.2.2           The Software Licence governs the terms upon which Pushfor makes available the Application to the Pushfor Customer, and these Terms of Use form the limited revocable licence granted to Licensed Users pursuant to the Software Licence to download and/or use the Application.

1.2.3           In the event of any inconsistency or conflict between these Terms of Use and the Software Licence, then the Software Licence shall prevail.

1.2.4           No additional rights are granted to use the Service under these Terms of Use.

1.2.5           “Licensed User” means the person permitted to use the Application by the Pushfor Customer pursuant to the licence agreement between Pushfor and the Pushfor Customer.

1.2.6           Your access to the Service shall be limited to the Pushfor Customer’s business operations pursuant to the Software Licence.

2.                  IMPORTANT NOTE ABOUT MOBILE DATA USAGE

2.1               Please note that your use of the Application requires an internet connection. Where you access the Application via a mobile device we recommend you use a Wi-Fi service rather than mobile data connection if you have a limited mobile data package.  We are not responsible for the use of your data package and any additional costs you may incur.

3.                  YOUR USE OF THE APPLICATION AND DETAILS ON SETTING UP AN ACCOUNT

3.1               You may need to set up an account in order to use and access the Application and Service. To set up an account you will need to register using your email address or, alternatively, you may be allocated a username and password by us.

3.2               Your username and password is personal to you and you should not share it or disclose it to any third party without our prior written permission.

3.3               You agree that:

3.3.1           you are solely responsible for maintaining the confidentiality of your account details;

3.3.2           you are solely liable for any use of the Application and Service using your account;

3.3.3           all user information you supply is accurate and truthful about you, and you shall not set up an imposter or fake account for any other person.

3.4               WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT OR ANY USE OF YOUR ACCOUNT BY ANY THIRD PARTY.

3.5               You shall ensure that any data supplied, input or uploaded by you or on behalf of your business, company, and/or organisation will not be contrary to, or in violation of any applicable law or regulation.

3.6               You shall not store, distribute or transmit any virus, or any material through the Application that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.

3.7               In the event that you breach any provision of these Terms of Use, we may suspend or delete your access to the Service and/or remove content created/uploaded by you.

3.8               BUSINESS USERS: Please note that Business Users are required to use their work email addresses and their accounts shall be set out by the Pushfor Customer administrators on your behalf.

4.                  LICENCE OF THE APPLICATION

4.1               We hereby grant you a limited personal licence to use the Application in accordance with the terms of these Terms of Use.

4.2               This licence is revocable, non-exclusive, non-transferable and non-sub-licensable.

4.3               The licence is granted to you only in your capacity as a Licensed User. You shall not share the Application with any third party.

4.4               You must regularly back up any data, content or information made available to or via the Service with a separate service or system.

5.                  ABOUT THE OWNERSHIP OF THE APPLICATION AND ORIGINAL CONTENT.

5.1               Subject to the retained ownership of Content (which is owned by you and/or the Pushfor Customer for Business Users), all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in the Application belongs to us and/or our licensors. All rights are asserted and reserved, save for those granted under these Terms of Use. The Application may contain licensed materials and our licensors may act to protect their interests in the event of any breach of these Terms of Use.  We do not grant you any Intellectual Property Rights in respect of the Application or any other materials unless expressly provided in these Terms of Use.

6.                  HOW WE USE YOUR UPLOADED CONTENT

6.1               As Licensed User, you may upload multiple file types such as Microsoft Office, Adobe PDF, Adobe Photoshop, Adobe Illustrator, audio content, video content, information and other content to the Service (“Content”).

6.2               You (and/or the Pushfor Customer if you are a Business User) shall retain ownership of your posted Content, but you  (and/or the Pushfor Customer if you are a Business User) will be granting us certain rights to use your content as set out in clause 7.7 of these Terms of Use (and the Software Licence where you are a Business User).

6.3               We do not review any Content before it is submitted by users.

6.4               Your licence to us (and our group companies) to use your Content:

By uploading your Content through the Application, you grant us (and our group companies) all necessary rights, licenses and permissions to:

6.4.1           use, copy, edit, distribute, store, share and make available your Content on the Service;

6.4.2           allow us to grant other users of the Service, authorised by you, the right to view and share your Content on the Service; and

6.4.3           use your geo-location in order to enable specific tracking and/or security features on the Application.

6.5               The licence you grant to us is:

6.5.1           on a non-exclusive basis, meaning you can use your own Content elsewhere;

6.5.2           royalty free, meaning that we do not pay you for uploading your Content and granting us the rights to use your Content;

6.5.3           is sub-licensable and transferable by us, so that we can grant necessary licences and permissions to enable us to provide the Service and generally exploit the rights you grant us.

6.6               We shall be entitled to remove, restrict or suspend or alter your account for any reason in accordance with the Software Licence.

6.7               BUSINESS USERS: Please note that your use of the Application shall be subject to any additional terms put forward by the Pushfor Customer which govern your employment / relationship with the Pushfor Customer. Such terms apply between you and the Pushfor Customer and shall not bind Pushfor in any way.

7.                  NECESSARY SYSTEM AND PLATFORM REQUIREMENTS

7.1               Apps made available as part of the Service are developed to work on the version of the operating system and/or device platform available at the time of their release or such other version as may be notified to you when obtaining the apps.

7.2               Your access to or use of the Service or certain features of it may require you to have an Apple iTunes, Google Play or other account with a third party or with us. Your access to and use of the Service may be linked to your Apple, Google, or other account and you are required to comply with the Terms of Use which apply to any such account in order to use the Service.

7.3               You may require an internet connection, which you must procure at your own expense, to use some features of the Service.

7.4               By installing or using any apps distributed as part of the Service (“App” below) on iOS you agree that these terms (which we are required by Apple to incorporate) shall apply:

7.4.1           Acknowledgement: You and we acknowledge that these Terms of Use constitutes an agreement which is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App and the content within the App.

7.4.2           Grant of Licence:  Subject to, and in consideration of, your compliance with all conditions of these Terms of Use we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and content in the App for your lifetime on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms (http://www.apple.com/uk/legal/terms/), and in accordance with our Privacy Policy.

7.4.3           Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

7.4.4           Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

7.4.5           Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

7.4.6           Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.

7.4.7           Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party  beneficiaries of these Terms of Use, and that when you accept the Terms of Use of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

8.                  TERM AND TERMINATION

8.1               These Terms of Use takes effect upon your download, installation and/or use of any part of the Service and remain effective until terminated by either of us.

8.2               You may terminate these Terms of Use at any time by deleting all copies of the Application and other materials received by you through the Service and by ceasing to use the Service.

8.3               The Terms of Use shall automatically terminate if you fail to comply with any term or condition of these Terms of Use.

8.4               Upon termination you shall cease all use of the Service and delete all copies of apps and other materials received by you through the Service.  Termination shall not affect any accrued rights or obligations up to the time such termination becomes effective.

8.5               BUSINESS USERS: These Terms of Use shall automatically expire on termination of the Software Licence.

9.                  OUR LIMITATIONS OF LIABILITY

9.1               THE SERVICE IS PROVIDED TO YOU ON AN ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION,  ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.

9.2               WE DONT GUARANTEE THE SERVICE WILL BE (i) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (ii) THAT THE SERVICE OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICE OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE, OR (iii) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.

9.3               WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY CONTRIBUTION.

9.4               YOU ACKNOWLEDGE THAT USE OF THE SERVICE OR RELIANCE ON ANY CONTRIBUTION OR INFORMATION OBTAINED THROUGH THE SERVICE, THE RESULTS OF THE SERVICE, OR CONCLUSIONS DRAWN FROM SUCH USE SHALL BE AT YOUR SOLE RISK.

9.5               NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.

9.6               TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE SERVICE AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).

9.7               NOTHING IN THESE TERMS OF USE SHALL LIMIT OUR LIABILITY TO THE PUSHFOR CUSTOMER UNDER A SOFTWARE LICENCE.

10.               RESTRICTIONS

10.1             You may not:

10.1.1         sell, distribute, reproduce, transfer, publically display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Service or Application except as expressly permitted by these Terms of Use;

10.1.2         remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Service or Application; or

10.1.3         remove, disable or circumvent any copy protection software contained on or within the Service or Application.

11.               ENTIRE AGREEMENT

11.1             These Terms of Use sets out the complete understanding and agreement between Pushfor and a Licensed User in respect of the use by you of the Application and may only be amended or waived in writing by us.

11.2             BUSINESS USERS: Nothing in these Terms of Use shall alter or override the Software Licence.

12.               NO WAIVER

12.1             No waiver by us of any failure by you to comply with or perform a provision of these Terms of Use shall constitute a waiver of any preceding or succeeding failure.

13.               ASSIGNMENT

13.1             These Terms of Use are personal to you. You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.

14.               CHANGES TO THESE TERMS OF USE

14.1             We may change these Terms of Use for any legal, regulatory or security reasons, or for any other reason we reasonably decide, including without limitation, where such change is required or encouraged by a third party service provider. We will notify you of any changes and you will be required to accept the changes to continue to use the Service.

15.               SEVERANCE

15.1             If any provisions of these Terms of Use are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.               GOVERNING LAW AND JURISDICTION

16.1             Subject always to applicable mandatory consumer protections including those of your country:

16.1.1         in the event of any dispute between you and us regarding these Terms of Use and/or your use of the Service, the laws of England and Wales will apply; and

16.1.2         you agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England

Please note:

Copyright/DMCA notices:
Copyright Agent: Amanda Steward
Company name: Pushfor Limited
Company address: 41-47 Hartfield Road, London, England, SW19 3RQ
Company phone number: +44 (0) 208 5401589
Email: amandasteward@pushfor.com