Youpinrush
Terms of service
last update:
15 Nov 2013
The terms of service (the “Terms”) apply
to your access and use of the online file short storage and sharing service
(the “Service”) provided by Gowod Services Corp. (“youpinrush”, “we”,“our” or “us”),
registered at
331
ELMWOOD DRIVE 111-4 MONCTON NEW BRUNSWICK E1A
7Y1 CANADA.
The Terms do not alter in any way
the terms or conditions of any other agreement you may have with youpinrush for
the Service (or any part thereof). If you are using the Service on behalf of an
entity, you represent and warrant that you are authorized to accept the Terms on
such entity’s behalf, and that such entity agrees to indemnify you and
youpinrush for violations of the Terms.
We reserve the right to change or modify any of
the terms and conditions contained in the Terms or any policy or guideline of
the Service, at any time and in our sole discretion. Any changes or
modifications will be effective immediately upon the posting of such revisions
on our website located at http://www.youpinrush.com (the “Site”),
and you waive any right you may have to receive specific notice of such changes
or modifications. Your continued use of the Service (or any portion thereof)
following the posting of changes or modifications will confirm your acceptance
of such changes or modifications on the Site. Therefore, you should
frequently review the Terms and applicable policies from time-to-time to
understand the terms and conditions that apply to your use of the Service. If
you do not agree with all of the terms and conditions of the amended Terms, you
must stop using the Service.
If you have any questions regarding the use of
the Service, please email us at support@youpinrush.com.
Customer data and the service
The data, information, files, photos and other
content that you provide to youpinrush when you use the Service and any comments
you post to the social media sections of the Site such as Facebook or twitter is
referred, in the Terms, to as “Customer Data”.
youpinrush is a cloud sharing service which
provides the users with the convenience of sharing data from any location by
granting third parties a pin code delivered by email or SMS. To use our service,
no subscription is required and this is a free public service. However, we do
not provide storage service and contents or materials will be just available for
download within maximum 24 hours since upload.
Privacy policy
Please refer to
our Privacy
Policy for
information on how we collect, use and disclose personally identifiable
information from our users.
Grants and restrictions
Subject to the terms and conditions of the
terms, youpinrush grants to you a non-exclusive and revocable right to access
and use the Service.
Unless expressly set forth in the Terms, you
will not, and will not allow any third party to: (i) disclose to any third party
any performance information or analysis relating to the Service; (ii) use any
data mining, robots or similar data gathering or extraction methods with respect
to the Site or the Service; (iii) download (other than the page caching) any
portion of the Site (including, but not limited to, any materials contained in
the Site); and (iii) use of the Site, the materials contained in the Site or the
Service other than for its intended purpose.
Ownership
As between youpinrush and you and subject to the
grants in the Terms, youpinrush will own all right, title and interest in and
to: (i) the Service; (ii) any work product developed by youpinrush as a result
of the performance of the Service; and (iii) any and all Intellectual Property
Rights embodied therein. For the purpose of the Terms, “Intellectual Property
Rights” means all patents, copyrights, moral rights, trademarks, trade
secrets and any other form of intellectual property rights recognized in any
jurisdiction, including applications and registrations for any of the
foregoing.
Obligations
You must use reasonable security precautions in
connection with your use of the Service. You must comply with the Laws (as
defined below) with respect to your use of the Service. You must cooperate with
youpinrush’s reasonable investigation of Service downtime/outages, security
problems and any suspected breach of the Terms. For the purposed of the Terms,
“Laws” means federal, national, state, provincial, municipal and local laws,
regulations, rules, judicial decrees, decisions and judgments in each and every
jurisdiction applicable to you, youpinrush, the subject matter of the Terms
and/or the Service.
You represent and warrant that: (i) all Customer
Data (as defined below) is either your sole property or has been collected by
you from a third party in accordance with your privacy guidelines; (ii) your
privacy guidelines comply with all applicable Laws; and (iii) you have obtained
all consents required by the applicable Laws to transfer all of the Customer
Data to youpinrush for sharing by youpinrush worldwidely.
youpinrush is not responsible to you for
unauthorized access to user Data or the unauthorized use of the Service. You are
responsible for: (i) the use of the Service by any of your employees or any
person to whom you have granted access to the Service; and (ii) any person who
gains access to Customer Data or the Service as a result of your failure to use
reasonable security precautions (even if such use was not authorized by you).
Notwithstanding any terms to the contrary in the
Terms, youpinrush may disclose user Data: (i) as required by any applicable
Laws; or (ii) in response to a subpoena or other compulsory legal process. .
You agree not to post, upload to, transmit,
distribute, store, create or otherwise publish through the Service any of the
following:
-
Customer Data that is
libelous, defamatory, profane, obscene, pornographic, sexually explicit,
indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening,
offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive
or otherwise objectionable;
-
Customer Data that is illegal
or unlawful, that would constitute, encourage or provide instructions for a
criminal offense, or otherwise create liability or violate any local, state,
national or international law;
-
Customer Data that may
infringe or violate any patent, trademark, trade secret, copyright, right of
privacy, right of publicity or other intellectual property right or other right
of any party; and
-
Viruses, corrupted data or
other harmful, disruptive or destructive files or code, script or other software
designed to automate any functionality on the Service without youpinrush's
express written consent.
You further agree that you are solely responsible for your conduct while using
the Service, and you agree that you will not do any of the following in
connection with the Service or the users of the Service:
-
Use the Service in any manner
that could interfere with, disrupt, negatively affect or inhibit other users
from fully enjoying the Service or that could damage, disable, overburden or
impair the functioning of the Service in any manner;
-
Use the Service for any
illegal or unauthorized purpose or engage in, encourage, or promote any illegal
activity, or any activity that violates the Terms or any other rules or polices
established from time-to-time by youpinrush;
-
Use the Service if you are
not, at least, 13 years of age;
-
Modify, adapt, hack or
emulate the Service;
-
Circumvent or attempt to
circumvent any filtering, security measures or other features designed to
protect the Service or users of the Service or third- parties; and
-
Infringe upon or violate the
rights of youpinrush, its users or any third-party.
youpinrush takes no responsibility and assumes no liability for any user conduct
or for any Customer Data posted, stored or made available via the Service or the
Site, nor is youpinrush liable for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of the Service and the Site is at your own risk. Enforcement of the
Customer Data and conduct rules set forth in the Terms is solely at youpinrush's
discretion, and failure to enforce such rules in some instances does not
constitute a waiver of our right to enforce such rules in other instances. In
addition, these rules do not create any private right of action on the part of
any third-party or any reasonable expectation that the Service will not contain
any content that is prohibited by such rules.
Third party content
youpinrush may provide third party content on
the Service or the Site and may provide links to website and content of third
parties (collectively the “Third Party Content”) as a service to those
interested in this information. youpinrush does not control, endorse or adopt
any Third Party Content and makes no representation or warranties of any kind
regarding the Third Party Content including, but not limited to, its accuracy or
completeness. You acknowledge and agree that youpinrush is not responsible or
liable in any manner for any Third Party Content and undertakes no
responsibility to update or review any Third Party Content. Users use such Third
Party Content contained therein at their own risk. This provision will survive
the use of the Service.
Liability and Quality of Service
We try our best to provide optimum quality of service
in 24/7 availability, customer service and technical support, ease of access,
delivery and security but we Do not guarantee that our service is un-interrupted
or 100% secure. Also we do not guarantee delivery of SMS or emails which
technically are subject to services involved third parties and other companies.
We DO NOT guarantee 100% service availability and disclaim any liability in any
damage or lost consequent of any technical failure in our servers or website. We
shall have this right also to terminate our services without any prior notice
and stop youpinrush.com at any time.
Advertisements and promotions; third-party products and services
youpinrush may run advertisements and promotions
from third-parties via the Service or the Site or may otherwise provide
information about or links to third-party products or services via the Service
or the Site. Your business dealings or correspondence with, or participation in
promotions of, such third-parties, and any terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between
you and such third-party. youpinrush is not responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or promotions
or as the result of the presence of such non-youpinrush advertisers or
third-party information accessible via the Service or the Site.
Trademarks
The youpinrush logos and slogan contained in the
Site (or made available via the Service) are trademarks of youpinrush and its
suppliers or licensors, and may not be copied, imitated or used, in whole or in
part, without the prior written permission of youpinrush or the applicable
trademark holder. You may not use any metatags or any other "hidden text"
utilizing "youpinrush" or any other name, trademark or product or service name
of youpinrush without our prior written permission. In addition, the look and
feel of the Site and the Service, including all page headers, custom graphics,
button icons and scripts, is the service mark, trademark and/or trade dress of
youpinrush and may not be copied, imitated or used, in whole or in part, without
our prior written permission. All other trademarks, registered trademarks,
product names and company names or logos mentioned in the Site (or made
available via the Service) are the property of their respective owners.
Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof by us. This provision
will survive the use of the Service.
Disclaimer
youpinrush PROVIDES THE SERVICE and the site ON
AN “AS IS” and “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES,
COVENANTS OR CONDITIONS OF ANY KIND. youpinrush DOES NOT WARRANT THAT THE
SERVICE OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
youpinrush AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS
(EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND THE SERVICE
WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN
THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I)
WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY
PURPOSE (WHETHER OR NOT youpinrush KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED
OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF
NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE
RELIED ON NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICE
REQUIRES ACCESS TO AND USE OF THE INTERNET; (B) youpinrush IS NOT RESPONSIBLE
FOR OPERATING OR MAINTAINING YOUR SERVERS AND YOUR CONNECTION TO THE INTERNET TO
ACCESS AND UTILIZE THE SERVICE; AND (C) THERE ARE RISKS INHERENT IN INTERNET
CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA. WE ARE NOT
RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT MAY HAVE CAUSED BY USING THE SERVICE.
WE RESERVE THE RIGHT TO REMOVE OR REPLACE (WITHOUT PRIOR NOTICE), ANY CUSTOMER
DATA THAT: (W) IS UNLAWFUL; (X) MAY COMPROMISE THE SECURITY OF THE SERVERS; (Y)
USES EXCESSIVE BANDWIDTH, OR (Z) WE DEEM, IN OUR SOLE DISCRETION, MUST BE
REMOVED. THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.
Indemnification
You, at your sole expense, will defend,
indemnify and hold youpinrush and its directors, officers, shareholders,
employees, consultants, affiliates and agents (collectively, “youpinrush
Indemnitees”) harmless from and against any and all actual or threatened
suits, actions, proceedings (at law or in equity), claims (groundless or
otherwise), damages, payments, deficiencies, fines, judgments, settlements,
liabilities, losses, costs and expenses (including, but not limited to,
reasonable attorneys' fees and costs, expert witnesses’ costs and fees,
penalties, interest and disbursements) arising from or relating to any suit,
action, or proceeding against any youpinrush Indemnitees, whether successful or
not, caused by, arising out of, resulting from, attributable to or in any way
incidental to: (i) any breach by you of the Terms (including, but not limited
to, any breach by you of any of your representations or warranties); (ii)
Customer Data (including, but not limited to, any violation, misappropriation or
infringement of any third party's Intellectual Property Rights or rights of
privacy or right of publicity caused by your acts or omissions with respect to
Customer Data (or any portion thereof)); or (iii) your conduct. This provision
will survive the use of the Service.
Limitation of liability
IN NO EVENT WILL: (I) youpinrush BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE,
LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT
OF OR IN CONNECTION WITH THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY
CONTENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF
THE POSSIBILITY OF SUCH DAMAGES; AND (II) youpinrush'S TOTAL LIABILITY ARISING
OUT OF OR RELATED TO THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT
EXCEED THE AMOUNT PAID BY YOU TO youpinrush UNDER THE TERMS (IF ANYTHING).
MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL
EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS DEEMED TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.
Termination
You may cease using the Service at any time.
youpinrush may terminate your use of the Service if youpinrush reasonably
believes you have breached any of the terms of the Terms.
Infringer policy
In accordance with the Digital Millennium
Copyright Act (“DMCA”) and other applicable law, youpinrush has adopted a
policy of terminating any service abuse involved in copyright violations.
Copyright complaints
If you believe that any material made available
via the Service infringes upon any copyright which you own or control, or that
any link made available via the Service directs users to material that infringes
upon any copyright which you own or control, you may file a notification of such
infringement with our legal department at
copyright@youpinrush.com
Questions?
If you have any questions about the Terms,
please contact us at support@youpinrush.com.