Please read this before using BlobBackup products.
This is a legal agreement between you as an individual and BlobBackup, LLC. ("BlobBackup”), and governs the terms and conditions of your use of BlobBackup Products (as defined below) and any updates that may be provided. This Agreement, along with any written documentation expressly incorporated herein by reference and published from time to time by BlobBackup (collectively, the "Agreement"), constitutes the entire agreement between BlobBackup and you regarding BlobBackup Products, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
Definition of Terms
BlobBackup, LLC. is referred to herein as "BlobBackup," "we," "us," or "our." You, as the user, are referred to herein as "you," "user," or "customer." BlobBackup software (whether preinstalled, on a medium, or offered by download), BlobBackup services, BlobBackup websites (including, without limitation, www.blobbackup.com) and all other software, features, tools, websites, documentation and services provided by BlobBackup, LLC. are referred to herein as “BlobBackup Products”, “Products”, “Software” or “Services”. Access, installation, usage, and/or registration of BlobBackup Products are referred to herein as “use” or “usage”.
To Use BlobBackup Products You Must Agree to these Terms of Service.
You are solely responsible for your conduct and your data related to the Service. The Products are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. The Service may be used in a business or other organization. You may not make commercial use of the Software or Service, including but not limited to selling or distributing the Software and/or Service to any third party.
You agree to defend, indemnify and hold harmless BlobBackup, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the BlobBackup Products.
BlobBackup and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the Products distributed by BlobBackup in object code form only on any computer or device from which you wish to access the BlobBackup service for the sole and exclusive purpose of using the BlobBackup Products in accordance with these Terms of Service.
You agree to install and use a paid subscription to any of the BlobBackup Products on only one device at a time. If you wish to protect multiple devices, each requires a separate paid subscription.
Restrictions on Use of Products
You may access BlobBackup Products only through the interfaces and protocols provided or authorized by BlobBackup. You agree that you will not access BlobBackup Products through unauthorized means. You may not obtain the communications protocol for accessing the BlobBackup service, the BlobBackup Products, or any other BlobBackup services. BlobBackup may offer Products that limit the time, type of files, storage space, or other features. You agree not to attempt to circumvent these limitations in any way.
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed to use the BlobBackup Products. Any charges incurred by you to access BlobBackup are your responsibility.
User Accounts and Passwords
You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password for your account, you may not be able to access your Data.
Changes to the Service
BlobBackup occasionally will provide automatic upgrades to improve your BlobBackup experience, although these upgrades may not be consistent across all platforms and devices. You agree to take no action to interfere with such automatic upgrades, scanning, and related services. BlobBackup has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the BlobBackup Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on BlobBackup servers on your behalf, or the availability of BlobBackup Products on any particular device or communications service. BlobBackup has no obligation to provide you with notice of any such changes.
BlobBackup reserves the right to terminate or suspend accounts of users who violate these Terms of Service or who BlobBackup deems, in its sole discretion, to be “abusers.” Such users may be notified prior to suspension or termination of their accounts; however, BlobBackup is not required to provide prior notice. Any failure by BlobBackup to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.
BlobBackup Products may require you to register and provide certain personal information to BlobBackup, such as name, e-mail address, date of birth, zip code (the "Personal Information"). If you register for any BlobBackup Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.
Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF BLOBBACKUP PRODUCTS IS AT YOUR SOLE RISK. THE BLOBBACKUP PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, BLOBBACKUP AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE BLOBBACKUP PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. BLOBBACKUP AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BLOBBACKUP PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE BLOBBACKUP PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BLOBBACKUP PRODUCTS WILL BE CORRECTED. BLOBBACKUP AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BLOBBACKUP PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. BLOBBACKUP PROVIDES THE BLOBBACKUP PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE BLOBBACKUP PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING.
LIMITATION OF LIABILITY. BLOBBACKUP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BLOBBACKUP (INCLUDING WITHOUT LIMITATION YOUR USE OF THE BLOBBACKUP PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE BLOBBACKUP PRODUCTS. BLOBBACKUP AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGE, OR ANY OTHER CLAIM RELATED IN ANY WAY FROM YOUR USE OF BLOBBACKUP PRODUCTS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BLOBBACKUP HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BLOBBACKUP AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Modifications to the Terms of Service
In the event that BlobBackup makes material changes to these Terms of Service, all current BlobBackup customers and trial users will be notified via email at least 15 days before the modified Terms of Service go into effect. BlobBackup will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Service will be posted on our website at least 15 days in advance of the effective date. You agree to the new posted Terms of Service by continuing your use of the BlobBackup Products. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using BlobBackup Products and cancel your registration.
The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Service.