Last updated: May 24, 2018
By accessing or using our Websites including but not limited to https://blogvault.net, https://www.migrateguru.com or https://www.malcare.com/ (“Websites”) or using our plugins including but not limited to the the BlogVault, Migrate Guru and MalCare plug-ins (the “Plug-ins”), or accessing any other website, software application or plugin that links to this Terms and Conditions of use (collectively, the “Services”) by Inactiv.com Media Solutions Private Limited and BlogVault Inc (hereinafter “BlogVault”, “We”, “Us” or “Our”) or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
(i) You have read, understood, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at our websites.
(ii) You are 18 years of age to form a binding contract with BlogVault.
(iii) You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the BlogVault account registration process and to bind that company, organization, or entity to the Agreement.
Services provided by BlogVault shall be included but not limited to technology platforms such as Website, Plug-ins or any other services supplied by BlogVault that shall enable the users to take backups, migration, security, optimization or management of their websites. Specifically, wherein a user can easily manage every aspect of their WordPress site including migration, staging and merging across multiple secure and robust servers.
The terms “you,” “user” and “users” refer to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents, or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE SERVICES, OR THE PLUGINS.
- General Information
- PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE MENTIONED BELOW.
- These Terms & Conditions of Use constitute a legally binding Agreement between you and Inactiv.com Media Solutions Private Limited, having its office at Flat 4B, HVS Apartments, No. 1, Edward Road, Bangalore, Karnataka 560052, India, regarding your use of the Services.
- Device includes but is not limited to mobile devices, computers, computer system, Laptop available via web browser to Mac, Linux, Android, iOS, Windows.
- Intellectual Property Rights mean and include without limitation all copyrights, patents, trademarks, trade secrets and other related rights pertaining to our services and related documents and shall remain, the sole and exclusive property of BlogVault.
- Third parties include but are not limited to business partners, suppliers, sub-contractors, advertisers & advertising networks, analytics & search engine providers, payment providers.
- Content means your content or communications on your websites in the form of a back-ups using our services, including literary content, image content, musical content, and videos and other such information on your website.
To use our services, you must:
- be at least eighteen (18) years old.
- complete the registration process;
- agree to these Terms and
- provide true, complete, and up to date contact information.
By using our services, you represent and warrant that you meet all the requirements listed above, and that you will not use our services in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise). BlogVault may refuse service, close accounts of any users, and change eligibility requirements at any time.
- Contractual Relationship
- BlogVault may terminate any of these terms or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason.
- Supplemental Terms may apply to certain services, such as policies for any particular event, activity or promotion, and such supplemental terms will be published on our services in connection with the applicable services from time to time. Supplemental Terms are in addition to, and shall be considered a part of, the Terms and Conditions of Use the purposes of the applicable services. Supplemental Terms shall prevail over these Terms and Conditions of Use in the event of a conflict with respect to the applicable services.
- In case of incorporation of any new legislation or any amendments to the existing legislation governing data of any individual, some of the clauses of this Agreement may either be updated or deleted without any notice, to comply with the said provisions of the applicable legislation. Hence it is advisable to check this Agreement from time to time.
- Content Rights
- You own the rights to the content you store with BlogVault in order to use the services offered by BlogVault. We don’t claim ownership over any of it. However, by sharing, storing or transferring content to BlogVault, you give us permission to use your content solely to do the things we need to do to provide our services, including but not limited to storing, displaying, reproducing, and distributing your content.
- We will never sell your content to third parties without your explicit permission.
- You’re responsible for the content you submit by using our services and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. You represent that you own or have the necessary rights to post the content on our services, and that doing so does not conflict with any other licenses you have been granted.
- Third Party Interactions
- The services may contain links to third-party Websites (“Third-Party Websites”) and Apps (“Third-Party Apps”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”).
- When you click on a link to a Third-Party Website, Third-Party App or Third-Party Advertisement, we will not warn you that you have left our Websites, server or services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements.
- We provide these Third-Party Websites & Advertisements only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services.
- You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- You acknowledge and agree that our services are not responsible or liable for: (i) the availability or accuracy of such links, Websites/Apps or any other resources; or (ii) the content, products, or services on or available from such links Websites/Apps or resources.
- Prohibited Uses
You represent and warrant that you will not use our services to:
- Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights owned by us or any other party;
- Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
- Violate this Agreement, or any applicable law or regulation, including without limitation to laws designed to regulate unsolicited email or other electronic advertising;
- Attempt to probe, scan, test, re-engineer or violate the security features of our services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
- Remove any copyright, trademark, or other proprietary notices from any portion of the services;
- Use meta tags, hidden text or metadata with our trademark, logo, URL or product or service name without our written consent;
- Use our user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our services to send altered source-identifying information;
- Share your password, let anyone access your account or do anything that might put your account at risk, sell your username or otherwise transfer it for compensation;
- Encourage or help anyone do any of the things on this list;
- Attempt to interfere with the use of the services by any other manner not expressly mentioned above;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services;
- Attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks;
- Commit or attempt to commit an act of money laundering or any other unlawful act in respect of services rendered.
We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement. We also reserve the right to terminate your use of the services for violating any of the prohibited uses.
- Account Access
You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the services or BlogVault’s termination of these Terms with you.
- You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.
- You may also choose to link your social network profile including but not limited to Facebook, Twitter, Google or any other such platform with us and use that as your login credentials. We shall use the same to retrieve certain details from them. However, we will not post anything public on user’s behalf without your permission.
- User Requirements & Conduct
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code and object code from us. You agree that you will not upload, share, or otherwise distribute any Content that is against any clauses mentioned in Clause 8.
- You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms and Conditions of Use. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.
- Payment and Commercial Terms
- If you are a paid User, you agree to pay all per-use Subscription Fees or fees associated with your usage, as appropriate (“Subscription Fees”). All subscriptions paid through third parties are subject to the third party’s Terms and Conditions of Use, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Subscription Fees or your use of our services.
- If, for any reason, your payment is not received by BlogVault, your paid User account may be suspended until we receive the said payment applicable to your usage of our services. Subscription payments are non-refundable.
- Changes in Subscription plans:
We may change our fees at any time by posting a new pricing structure to our services and/or sending you a notification by email.
- Intellectual Property Rights
- The content displayed on the services is our copyrighted property. Similarly, the services name and its original content, features and functionality are owned by BlogVault and are protected by copyright, trademark, patent and other intellectual property rights. Copying, distributing, modifying, or creating derivative works of our services without our written permission is strictly prohibited.
- Neither your use of the services nor this Agreement grants you any right, title or interest in our copyrights, trademarks and patents or the intellectual properties so owned by us.
- BlogVault’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by BlogVault, in any manner that is likely to cause confusion among customers or users of the Websites, tarnishes or dilutes the marks, or disparages or discredits BlogVault.
- Our services include a user interface that allows you to take backups of your WordPress websites You are granted a limited right to use those services only in accordance with these Terms and Conditions of Use.
- Text Messaging & Promotional Codes
- By creating an Account, you agree that we may send you email communications as part of the normal business operation of your use of the services. You may opt-out of receiving such communication by writing to us at firstname.lastname@example.org. You acknowledge that opting out of such communication may impact your use of the services.
- BlogVault may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the services and/or a third-party provider’s services, subject to any additional Terms that BlogVault establishes on a per promotional code basis (“Promo Codes”). Please refer to our supplemental terms from time to time.
- Disclaimers & Limitation of Liability
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BLOGVAULT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, BLOGVAULT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BLOGVAULT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY AND BLOGVAULT’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID BLOGVAULT, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL BLOGVAULT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
You acknowledge to defend, indemnify and hold BlogVault, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user provides through the services;
- Your wrongful or improper use of the services;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
- The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.
- If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect.
- Account Suspension and Termination
- We may terminate or suspend your access to use any and all services, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the Terms. In particular, we may terminate or suspend Accounts that have been flagged for suspected fraudulent activities.
- Upon termination of your access to use a service, including but not limited to suspension of your Account, right to use or access our services and any information associated with them will immediately cease and may result in forfeiture and destruction.
- Some provisions including but not limited to ownership provisions, warranty disclaimers, limitations of liability etc due to their nature shall survive termination of this Agreement. Termination of your access to and use of the services shall not relieve you from any obligations arising or accruing prior to such termination or limit any liability which they otherwise may have to BlogVault or any third party.
- Changes to Terms & Conditions
BlogVault reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitutes your agreement to such changes.
- Entire Agreement
The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between BlogVault and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.
- Governing Laws
The Agreement and any dispute arising from the same will be governed by the laws applicable in India and and/or applicable as applied to agreements entered into and to be performed entirely within India, without regard to its choice of law or conflicts of law principles.
- Compliance with laws
- You represent and warrant that your use of our services will comply with all applicable laws and regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the laws in India and United States of America that apply to commerce.
- You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communication through our services.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
Disputes are defined as any claim, controversy, or dispute between you and BlogVault, including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.
Binding Individual Arbitration
- You and BlogVault agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can.
- Any arbitration under these general terms will only be on an individual basis.
- Class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted.
- You waive any right to have your case decided by a jury and further waive any right to participate in a class action against BlogVault.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).
- All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996.
- Any arbitration hearing will occur in India, or another mutually agreeable location.
Powers of Arbitrator The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the BlogVault. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the BlogVault.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor BlogVault can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to: email@example.com . If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND BLOGVAULT RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.
- Other Provisions
- A) Notice
BlogVault may give notice by means of a general notice on the Services via electronic mail to your email address, you may give notice to BlogVault via electronic mail to our email address firstname.lastname@example.org.
- B) General
You may not assign or transfer these Terms in whole or in part without BlogVault’s prior written approval. You give your approval to BlogVault for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BlogVault’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, BlogVault or any third-party provider as a result of the contract between you and BlogVault for use of the Services.
- Updates to services
- BlogVault may from time to time provide enhancements or improvements to the features/functionality of services, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
- Updates may modify or delete certain features and/or functionalities of the services. You agree that BlogVault has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of services to you.
- You further agree that all Updates will be (i) deemed to constitute an integral part of the services, and (ii) subject to the Terms of this Agreement.
- No Changes in Terms at your request
The terms mentioned herein shall not be changed by any one of you or your group. The same terms and conditions of use shall be applicable for all users.
- Contact Information
- BlogVault welcomes your questions or comments regarding the Terms: you can email us at email@example.com.