Terms of ServiceLast Updated: July 17, 2015
puush.me is offering you a service, which is conditioned on your acceptance, without any modification whatsoever to the following terms, conditions, and notices. By registering as a user on puush.me and using its provided services, you are acknowledging your full compliance to the terms and conditions listed here.
puush.me and puu.sh refer to the online components of the puush service offered to registered users. This service is henceforth refered to herein as 'puush'.
1. DESCRIPTION OF SERVICE
'puush' provides online hosting and management of images and other files uploaded by registered users. It acts as the online counterpart to the 'puush' desktop clients.
2. MODIFICATIONS TO TERMS OF SERVICE
'puush' may change the terms and conditions within the ToS from time to time. Your failure to abide by the modified ToS may result in termination of your 'puush' Service. A user's continued use of the Service constitutes: (1) an acknowledgment by the user of the ToS and its modifications; and (2) an agreement by the user to abide and be bound by the ToS and its modifications.
3. MODIFICATIONS TO SERVICE
'puush' reserves the right to modify or discontinue the Service with or without notice to the user. 'puush' shall not be liable to the user or any third party should 'puush' exercise its right to modify or discontinue the Service.
4. DISCLAIMER OF WARRANTIES
You expressly agrees that use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. While aiming for the highest reliability and level of service possible, we offer no guarantees.
5. LIMITATION OF LIABILITY
In no event shall 'puush', its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the 'puush' website, whether based on warranty, contract, tort, or any other legal theory, and whether ornot the company is advised of the possibility of such damages. while the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, where conditions, warranties or other rights are implied in this agreement or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to this agreement. at the option of 'puush', our liability for breach of implied conditions or warranties is limited, to the extent permitted by law to, if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of having the goods repaired and, if the breach relates to services, (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
You specifically acknowledge that 'puush' shall not be liable for uploads or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The website is controlled and offered by 'puush' from its facilities in the United States of America. 'puush' makes no representations that the 'puush' website is appropriate or available for use in other locations. Those who access or use the 'puush' website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless 'puush' and its creators, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 'puush' Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your uploads caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the 'puush' website.
7. YOUR USE OF CONTENT ON THE SITE
You understand that when using the 'puush', you will be exposed to uploads from a variety of sources, and that 'puush' is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such uploads. You further understand and acknowledge that you may be exposed to uploads that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 'puush' with respect thereto, and agree to indemnify and hold 'puush', its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You shall be solely responsible for your own uploads and the consequences of posting or publishing them. In connection with uploads, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize 'puush' to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all uploads to enable inclusion and use of the uploads in the manner contemplated by the Website and these Terms of Service.
In connection with uploads, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant 'puush' all of the license rights granted herein. You also agree not to upload any files that break the law in other ways, such as objectionable images.
'puush' does not endorse any uploaded file or any opinion, recommendation, or advice expressed therein, and 'puush' expressly disclaims any and all liability in connection with uploads. 'puush' does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and 'puush' will remove all Content and uploads if properly notified that such Content or user Submission infringes on another's intellectual property rights. Furthermore, 'puush' reserves the right to remove content and uploads without prior notice for any reason at their discretion.
'puush' will aim to preserve your uploads for up to to 3 months after 'last access'; where 'last access' is defined as the time of the last web request to the URL provided at time of upload.
9. FAIR USE
While 'puush' allows for large files to be uploaded with unlimited storage and traffic quotas, all accounts are subjected to an acceptable usage policy. It is within the rights of 'puush' to remove or disable uploads that incur excessive traffic or resources. If such usage is caused as a result of unacceptable content (e.g. copyright or law infringing material), 'puush' reserves the right to terminated the associated account without notice to the user.
10. PRIVACY POLICIES
'puush' finds your privacy most important, and we value your use of our services. 'puush''s services are free of any charge, no prior registration is needed for the use of these services. 'puush' will explicitly ask for information about you when such information is needed for use of the services provided by 'puush'. Any submittion of any personal information is done only with your voluntary act. 'puush' keeps all private and personal information private, and does not, or will not share this information with any third parties except under the following circumstances :
When such action is necessary to conform to legal requirements or comply with legal process.
When such action is necessary to protect and defend rights or property of 'puush'.
When such action is necessary to enforce 'puush' terms and conditions of service.
'puush' is a storage and hosting service, and does not maintain any rights over user uploads. All files remain the property of the account holder, and can be purged from our servers at any point. 'puush' acts only as a hosting body, making user's files accessible via online means.
11. PROPRIETARY RIGHTS TO CONTENT
The user acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, name references or other material contained in the 'puush' website inclusive of client applications is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the user is only permitted to use this Content as expressly authorized by the Service. The user may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service.
'puush' may provide, or users may include in e-mail, links to other Web sites or resources. The user acknowledges and agrees that 'puush' is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The user agrees that 'puush' shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.