October 3, 2016>
The provisions of these Terms apply to both the basic (free) PickTransfer service and our premium (paid) PickTransfer service, unless explicitly mentioned otherwise.
We hope this helps you to get a good understanding of what we offer you, what you can expect from us and what we expect from you.
You have read and understand:
Acceptance of the Terms and Definitions
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and PickTransfer. These Terms shall apply in preference to and supersede any and all Terms of any use of any kind by You. In case these Terms shall become partly invalid, You and PickTransfer remain bound to the remainder of these Terms.
Note that PickTransfer may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. PickTransfer recommends that You review the Website from time to time and take note of any changes.
for instance to provide You with (technical) support on Your request.
Please be careful to distribute download links - whoever is passed on or has access to a download link can download the files contained in that transfer.
PickTransfer provides You with the infrastructure and facilities to transfer digital files to others and/or Yourself over the internet via our Website or App under the conditions as stipulated in these Terms.
PickTransfer transfers all kinds of files, subject to these Terms. Our regular Service is free. Special features and functionalities are available at a charge, such as the PickTransfer Premium Version.
Uploaded files are stored and available for download on PickTransfer’s servers for a period of 7 days. After this period files are permanently deleted to make room for new transfers. Each file transfer email is sent separately to each individual recipient.
When You have successfully uploaded Your files, both You and the recipient(s) each receive a personal email with download details, including download link(s).
PickTransfer provides different kinds of notification emails to users of the Service: a welcome email, a first transfer confirmation email, an upload confirmation to You, a notification email to a recipient, a download notification to You and an expiry reminder email to You and the recipients. Below are the details on each of these emails.
An email is sent to the email address You have provided when uploading the files. This transfer confirmation email contains: the email addresses of the recipients, the name, extension and size of the file, download link(s) to download the files, the date that the file(s) will be deleted, in other words the period in which the file(s) is available for You to download (as many times as You wish) and in the event that You have made use of the opportunity: Your personalized message.
Your recipients will receive a notification email from PickTransfer that You have sent them files. This email contains: a download button that leads to the location within the Website where the recipient can directly and securely download the file, if provided: a personal message, the email address of the sender, the name, extension and size of the file and the date that the file will be deleted, in other words the period in which the file is available for the recipient to download.
You will receive a download confirmation email when a recipient has successfully downloaded your files for the first time. This download confirmation email contains: the name, extension and size of the file, the date that the file will be deleted, in other words the period in which the file is available for the recipient to download, a direct link to download a copy of the file yourself and if used, a direct link to the subdomain on PickTransfer.com that was used to send the file from.
If the recipient does not download the transfer within 5 days after we have sent him the download notification, You and him will receive an expiry reminder email on the email address You have provided two days before the download link expires. This expiry reminder email contains: the email address of the recipient, the name, extension and size of the file. It is possible to unsubscribe from this expiry reminder email by clicking the unsubscribe link in the email.
PickTransfer does not claim any ownership of the contents of the files You transfer through our Service. You are fully and solely responsible and accountable for the files You transfer through our Service.
By using our Service You guarantee that You have, for each file, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Service.
PickTransfer respects Your rights and demands that You respect those of PickTransfer, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, service marks, trade names and logos.
You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms or facilitate or promote others to do so.
As a condition to make use of the Service You agree not to transfer, distribute or store any files that: - Feature child pornography;
- Are obscene, defamatory, libelous, slanderous, profane, indecent or unlawful,
- Promote racism, violence or hatred;
- Are factually inaccurate, false, misleading or deceptive;
- You don’t have the right to copy and/or transfer;
- Infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
- Infringe on or violate any applicable law or regulation;
- Constitute `hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
- Facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.
In addition, You agree not to:
- Impersonate or pretend affiliation with any person or entity;
- Access any non-public area’s of our Website or Service;
- Send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
- Attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related service, system or network or breach any security or authentication, unless You do so in accordance with our Responsible Disclosure Policy.
PickTransfer reserves the right to investigate, provide to third parties, (temporarily) block and/or remove from its servers, without warning, any transfers, files, wallpapers and/or Accounts or to block anyone from accessing any part of the Website or Service, when PickTransfer ascertains, at their own discretion or after receiving substantiated and valid complaints, that You violate these Terms or act in violation of any applicable law or regulation.
PickTransfer provides its Service “AS-IS”, without warranty of any kind. Without limiting the foregoing, PickTransfer explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. PickTransfer makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at Your own risk.
You acknowledge and agree that PickTransfer is not responsible for any damages to Your device and/or computer system or the computer system of any third party that result from use of the Service and is not responsible for any failure of the Service to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.
You will defend, indemnify and hold harmless PickTransfer, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Service or Your violation of these Terms, including any third party claims that files submitted to the Service by You or through Your Account infringe or violate any third party rights.
However, this limitation of liability does not intend to exclude the liability of PickTransfer.com for the intentional and/or deliberate recklessness of PickTransfer.com themselves (“their own acts”) and or the management of PickTransfer.com.
In no event will PickTransfer be liable to You or to any third party for any damages arising out of use of the Website, App or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not PickTransfer has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose.
PickTransfer.com will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law.
In the event PickTransfer is liable for damage under mandatory law, PickTransfer’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.
All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of Honduras. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in San Pedro Sula, Honduras, unless stipulated otherwise by mandatory Honduran or international laws.
You waive any objection to jurisdiction and venue in the courts of Honduras.
You can contact PickTransfer at firstname.lastname@example.org.