Terms of Service
Thank you for using MyPushUp!
1. Using MyPushUp
a. Who can use MyPushUp ?
You may only use our services if you agree to be bound by a contract to MyPushUp and comply with these terms and all applicable laws. When creating your MyPushUp account, you must provide us with accurate and complete information. The use or access is prohibited for any person under the age of 13. If you open an account on behalf of a company, organization or other entity, then (a) the term "you" refers to yourself as a person and this entity, and (b) you report and warrant that you are authorized to grant all permissions and licenses mentioned in these conditions and to bind the entity under these conditions and that you accept these conditions on behalf of the entity. Some of our services can be software that will be downloaded to your computer, phone, tablet or other device. You agree that we proceed to an automatic update services and that these conditions apply to such updates.
b. We give you license
Subject to these conditions and our policies , we grant you a limited, non-exclusive , non-transferable , revocable license to use our services.
2. Your content
a. Content Publishing
MyPushUp allows you to publish content , including photos, comments , links and other resources. Anything you post or make available through our Internet services is considered " User Content " . You retain all rights to this content and you are solely responsible for the User Content you post to MyPushUp.
b. How MyPushUp and other users can use your content?
You grant MyPushUp and its users a non-exclusive worldwide license , royalty-free , transferable, sublicensable right to use , store , display, reproduce, re- transfer, modify , create works derived , realize and distribute your user content MyPushUp on all media and all social networks, only in connection with the operation , development , supply and use of MyPushUp services. Nothing in these Terms shall restrict all other legal rights that may MyPushUp under user content , such as for example under other licenses . We reserve the right to remove or edit User Content for any reason , including if we believe that the said User Content violates these Terms of Service or our policies.
c. How long do we keep your content ?
After termination or deactivation of your account, or if you delete any user content MyPushUp , we will keep your User Content for a commercially reasonable period of time, for backup , archive or auditing . In addition, MyPushUp and users can maintain and continue to use , store , display, reproduce , re- transfer , modify, create derivative works from, perform and distribute all or part of your user content that other users have saved or shared using MyPushUp .
d. your comments
We love to hear from our users and we are always interested in learning more about what we can do to make MyPushUp even more formidable . If you decide to send us opinions, ideas or suggestions , you agree that we use without restriction or compensation to you . By agreeing to hear your views , ideas or suggestions MyPushUp does not waive any rights to use similar or related opinions previously known MyPushUp , or developed by its employees , or obtained from sources other than you.
3. Policy on copyright
The used MyPushUp Services contain proprietary and confidential information that is protected by law including intellectual property. Content contained in sponsor advertisements or information presented to you through the Services MyPushUp were especially likely to be protected by copyrights, trademarks, patents or other proprietary rights. Except as expressly provided by law or when expressly authorized by MyPushUp or licensor concerned (such as a seller), you may not use, distribute, reproduce, adapt, publish , translate, use to create derivative works, rent, sell, publicly perform or present MyPushUp Services and any User Content or Software.
MyPushUp grants you a personal, non-transferable, non-exclusive right to use the object code of its services. However, you need not (and should not allow others to) copy, adapt, used to create derivative works, conduct reverse reverse engineer or assembly or try other means to discover source code, or sell, assign, sublicense, grant a security access or transfer in any other way of rights. This does not apply if you are expressly authorized by law or by the grantor concerned to carry out any of these operations.
You must not access the Service by any means other MyPushUp the interface provided by MyPushUp for this purpose, unless specifically authorized in writing MyPushUp
We care about the safety of our users. Although we strive to maintain the security of your content and your account MyPushUp can not guarantee that unauthorized third parties will not be able to cross our security measures. Please inform us immediately of any unauthorized use or attempted unauthorized access to your account.
5. Links, sites and services of third parties
Our services may contain links to websites, advertisers, services, special offers or other events or activities of third parties that are not owned or controlled by MyPushUp. We do not recommend or assume any responsibility for these sites, information, resources, services or services of third parties. If you access a site, service, or third party content from MyPushUp, you do so at your own risk and you agree that MyPushUp assumes no liability arising from your use of or access to any site, service, or third party content.
MyPushUp may terminate or suspend this license at any time with or without cause or notice. Upon termination, you are still bound by Articles 2 and 6 to 12 of these conditions.
If you use our services for commercial purposes, as determined in our sole and absolute discretion, you agree to indemnify and hold MyPushUp, its officers, directors, employees and agents from any liability in respect of all proceedings, claims, lawsuits , litigation, claims, risk, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including defense costs in connection with claims, actions or proceedings brought by thirds), which would be related to (a) access or use of our services, (b) your User Content, or (c) your violation of any of these conditions.
8. Disclaimer of Liability
Services and all content is provided "as is" without warranty of any kind, express or implied.
MYPUSHUP specifically disclaims all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and warranties arising from negotiations or trade arrangements.
MyPushUp assumes no liability for any User Content you (or any other user or third party) post to or transmit through our services. You understand and agree that you may be exposed to User Content inaccurate, offensive, inappropriate for children, or do not meet your needs.
9. Limitation of Liability
To the maximum extent permitted by law, MYPUSHUP shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or income, whether incurred directly or indirectly, or data loss , use, goodwill or other unrecoverable losses, resulting from the access or use or access or inability to use the Services; any content or behavior of a third party relating to services, including, without limitation, any defamatory, offensive or illegal of other users or third parties; or access, use or unauthorized changes to your transmissions or content. All commitments MYPUSHUP shall in no case exceed 100 euros for all claims in connection with the services.
For any dispute you may have with MyPushUp, you agree to contact us first and try to resolve the dispute amicably. If MyPushUp is not able to resolve the dispute amicably with you, we agree to resolve any dispute, claim or controversy (excluding claims for injunctive or other equitable compensation) arising out of or in connection with or related to these conditions by referring to arbitration under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Disputes in effect in France, unless otherwise provided herein. Unless otherwise agreed between yourself and MyPushUp, arbitration will be conducted in your area of residence. Each party will be responsible for payment of application fees, administrative fees and arbitration costs in accordance with their rules, except that MyPushUp solve your expense records, your administrative expenses and reasonable costs of arbitration if your claim for damages and interest does not exceed 5,000 euros, to the extent that your claim is not considered to be unfounded (as identified by the standards set by the Rules of Civil Procedure. The award rendered by the arbitrator will include the costs of arbitration, reasonable attorneys' fees and reasonable expenses for witnesses, experts and any judgment on the award rendered by the arbitrator may be the subject of an appeal to a court of competent jurisdiction. Nothing shall preclude the parties to seek injunctive relief or other court to issues related to data security, intellectual property or unauthorized access to the service. All claims must be submitted in individual ability of the parties and not as a plaintiff or a member of a group in any alleged collective or representative procedure and unless otherwise agreed, the referee will not group the recommendations made by more than one person. By your acceptance of these conditions, you agree that you and each MYPUSHUP renounce the right to a trial by jury or to any class action.
11. Governing Law and Jurisdiction
These conditions will be governed by the laws of French, without regard to principles of conflict of laws. Each party agrees to submit any shares not being referred for arbitration to the personal jurisdiction of the competent courts.
Our services are controlled and operated in France and we make no representation that they are appropriate or available for use in other geographical areas.
12. General Conditions
Notification procedures and changes to these conditions. MyPushUp reserves the right to determine the form and means to send you notifications, and you agree to receive legal notices electronically if we choose to do so. We may change these conditions at another time and the latest version will always be posted on our website. If a change in our sole discretion, proves to be consistent, we will inform you. By continuing to access or use the Services after the entry into force of the amendments, you agree to being bound by such modified terms. If you do not agree to the new terms, please stop using the services.
Assignment. These Terms and the rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyPushUp without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver . No waiver of any provision of these Terms will not be deemed a further or continuing waiver of such term or any other , and failure to MyPushUp to assert any right or provision under these conditions shall not constitute a waiver of such right or this provision.