Terms of Use
THIS IS A LEGAL AGREEMENT BEWTEEN YOU AND SENDBIG.
PLEASE READ CAREFULLY.
By using or accessing this website or any website hosted at SendBig.Topone.HK
(the "Sites"), or by accessing or using any part of the
SendBig proprietary file transmission services (together with the
Sites, the "Service"), you agree to be bound by these
Terms of Use and by the SendBig Privacy Policy, which are collectively
referred to as the "Agreement".
If you do not agree to these terms then you have no right to
access or use the Service. The terms of this Agreement, as modified
by SendBig from time to time in accordance with the next paragraph,
will govern all your future use of the Service.
SendBig may revise these Terms of Use and the Privacy Policy
from time to time. Each revision will be marked with a revision
date and will be posted on the Sites. SendBig recommends that you
review this page from time to time to note any changes.
SendBig may modify, suspend, or discontinue, temporarily or permanently,
the Service and may remove or delete any User Files (defined below)
at any time, in its sole discretion.
Description of the Service
The Service enables users to store and send to others files that
they provide ("User Files"). SendBig offers several accounts
types, which fall into the following categories: free and corporate.
Free accounts are offered at no charge. The other account types
are subscription services requiring periodic payments. A more detailed
description of the Service, and the features associated with different
account types, can be found on the Services Page.
You acknowledge and agree that SendBig may establish revised
practices and policies concerning use of the Service the maximum
size of the file that a user may store and send through the Service,
the maximum number of days that a file will be stored by the Service,
the maximum number of times a user may access the Service in a given
period of time, and the maximum number of recipients to which a
user may send a User File. Notwithstanding the foregoing, the features
and limitations in effect when you began your then-current subscription
term will remain in effect for the remainder of such subscription
term.
Accounts
In order to use the Service and send User Files, you must register
and create a SendBig account. You may create a SendBig account on
the Register Page. Once you have created an account, you will be
a "Registered User." In creating an account, you agree
to provide accurate, current, and complete information.
You are responsible for safeguarding the password that you use
to access the Service. 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.
Proprietary Rights
All right, title, and interest in and to the Service is and will
remain the exclusive property of SendBig and its licensors. The
Service is protected by copyright, trademark, and other laws of
both the United States and foreign countries. Except as expressly
permitted in this Agreement, you may not reproduce, modify, or prepare
derivative works based upon, distribute, sell, transfer, publicly
display, publicly perform, transmit, or otherwise use the Service.
Trademarks
SendBig, the SendBig logo, and all other
SendBig trademarks, service marks, product names, and trade names of SendBig
appearing on the Service are owned by Topone Information Technology Limited.
All other trademarks, service marks, product names, and logos appearing on
the Service are the property of their respective owners. You may not use or
display any trademark, service mark, product name, trade name, or logo appearing
on the Service without the owner’s prior written consent.
General Prohibitions
As a condition to your use of the Service, you agree not to:
- Upload or transmit any User File: (i) that you do not have
the lawful right to copy, transmit, distribute, and display
(including any User Files that would violate any confidentiality
or fiduciary obligations that you might have with respect to
the User Files); (ii) for which you do not have the consent
or permission of each identifiable person in the User Files
to use the name, voice, signature, photograph, or likeness
of each such person (to the extent each is implicated by the
User Files); (iii) that infringes or misappropriates the intellectual
property rights or violates 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); (iv) that is false or misleading;
(v) that is defamatory; (vi) that is obscene, pornographic,
or offensive; (vii) that promotes bigotry, racism, hatred,
or harm against any individual or group; or (viii) that 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 any non-public areas of the Service
or SendBig’s computer systems or the technical delivery systems
of SendBig’s providers;
- Attempt to probe, scan, or test the vulnerability of the Service
or any related system or network or breach any security or authentication
measures used in connection with the Service and such systems
and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer
any of the software used to provide the Service;
- Harm or threaten to harm other users in any way or interfere
with, or attempt to interfere with, the access of any user, host
or network, including without limitation, by sending a virus,
overloading, flooding, spamming, or mail-bombing the Service;
- Send unsolicited email, junk mail, spam, chain letters, or promotions
or advertisements for products or services;
- Impersonate or misrepresent your affiliation with any person
or entity.
SendBig will have the right to investigate and prosecute violations
of any of the above, including without limitation possible infringement
of any intellectual property rights and possible security breaches,
to the fullest extent of the law. SendBig may involve and cooperate
with law enforcement authorities in prosecuting users who violate
this Agreement. You acknowledge that, although SendBig has no obligation
to monitor your access to or use of the Service, it has the right
to do so for the purpose of operating the Service, to ensure your
compliance with this Agreement, or to comply with applicable law
or the order or requirement of a court, administrative agency, or
other governmental body. SendBig reserves the right at all times
to disclose, in its sole discretion, any User Files as necessary
to (a) satisfy any law, regulation, or governmental request or (b)
reduce or prevent what SendBig considers to be, in its sole discretion,
a serious or imminent threat to your health or safety, or the health
or safety of another.
Responsibility for Data
You have sole responsibility for all User Files that you store
on SendBig servers through use of the Service. You acknowledge and
agree that SendBig will not be responsible for any failure of the
Service to store a User File, for the deletion of a User File stored
on the Service, or for the corruption of or loss of any data, information
or content contained in a User File.
SendBig reserves the right, in its sole discretion, at any time,
to remove User Files that it believes to be in violation of this
Agreement.
Disclaimer of Warranties
Without warranty of any kind, either express or implied and limiting
the foregoing, SendBig explicitly disclaims any warranties of merchantability,
fitness for a particular purpose and non-infringement.
SendBig makes no warranty that the Service will meet your requirements
or will be available on an uninterrupted, secure, or error-free
basis. Your use of the Service is at your own risk. You acknowledge
and agree that SendBig will not be responsible for any damages to
your computer system or the computer system of any third party that
result from use of the Service.
Indemnity
You will defend, indemnify, and hold harmless SendBig, its officers,
directors, affiliates, employees and agents, from and against any
claims, liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of
or in any way connected with your access to or use of the Service,
or your violation of this Agreement, including without limitation
third party claims that User Files submitted to the Service by you
infringe or misappropriate the intellectual property rights, privacy
rights, publicity rights, or moral rights of a third party.
Links
The Service may contain links to third-party websites. You acknowledge
and agree that SendBig is not responsible or liable for: (i) the
availability or accuracy of such websites; or (ii) the content,
products, or services on or available from such websites.
Entire Agreement
This Agreement is the entire and exclusive agreement between
SendBig and you regarding the Service, and this Agreement supersedes
and replaces any prior agreements between SendBig and you regarding
the Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other SendBig services,
affiliate services or third-party content software or services.
General
You will not assign any rights granted to you or delegate any
of your duties hereunder; any attempt to do so is void and of no
effect. SendBig may freely assign these Terms of Use and the rights
granted hereunder without restriction. Nothing in this Agreement
shall constitute a partnership or joint venture between you and
SendBig. In the event that any provision of this Agreement is held
to be invalid or unenforceable, the remaining provisions of this
Agreement will remain in full force and affect. SendBig may provide
you with notices, including those regarding changes to the Service
by email or by postings on the Service. The failure of SendBig to
enforce any right or provision of this Agreement will not be deemed
a waiver of such right or provision. The headings and captions are
for convenience only and are not to be used in the interpretation
of this Agreement.
If you have any questions about this Agreement, please contact
Topone at [email protected]
|
|
