Cright provides this website subject to the following Terms of Service. The purpose of this website is to provide you with access to information about and to use our services, products, and related subject matter. The Terms of Service apply to all visitors to this website.
Description of the Service
The Service enables users to store and send to others files that they provide ("User Files"). The Service provides the option to encrypt the content with codes that enable the users to track the use of the files. User Files can be delivered as Streams or Downloads. Cright offers several accounts types, which fall into the following categories: Subscription and Per Use or recipient use. Trial accounts are offered at no charge. The subscription service requires periodic payments (monthly or annually, depending on the account type). A more detailed description of the Service, and the features associated with different account types, can be found on the Accounts Page. You acknowledge and agree that Cright may establish revised practices and policies concerning use of the Service, including without limitation, the maximum size of the file that a user may store and send through the Service, the maximum number of days that a file will be stored by the Service, the maximum number of times a user may access the Service in a given period of time, and the maximum number of recipients to which a user may send a User File. Notwithstanding the foregoing, the features and limitations in effect when you began your then-current subscription term will remain in effect for the remainder of such subscription term. The only software needed to access the Service is a standard Web browser. However, Cright may make certain software applications available to users that offer additional ways to access the Service. Such software will be made available by Cright under the terms of an end user license agreement, which you should read prior to installing that software.
In order to use the Service and send User Files, or to receive User Files as a recipient user, you must register and create a Cright account. You may create a Cright account on the Sign Up page. Once you have created an account, you will be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Cright of any suspected or actual unauthorized use of your password. You are responsible for keeping your account information current and accurate; Cright will have no liability for failure to deliver notices that result from inaccurate account information or otherwise. You agree to provide true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity, and refuse any and all current or future use of this website. We may suspend or terminate your service or access to this website if we believe a breach of these terms has occurred.
When you register for an account, and at any time thereafter, you can select what term of subscription you prefer and the frequency with which you will pay for it. Cright paid accounts are subscription services with recurring credit card charges on a monthly basis (as selected by you during registration or subsequent configuration). For certain premium accounts, Cright may offer the choice of credit card payments or corporate account invoicing. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in relation to your use of the Service. For accounts setup on an invoice basis, you agree to pay Cright all amounts stated in such invoices within thirty (30) days of receipt. For more information about the subscription services and available payment methods, refer to the Accounts Page.
If you are a recipient user, you may unsubscribe at any time using the Unsubscribe button in your Accounts settings.
Responsibility for Data
You have sole responsibility for all User Files that you store on Cright servers through use of the Service. You acknowledge and agree that Cright will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.
User Files and Cright's Copyright Policy
You will not use the Service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. Cright has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Cright Copyright Policy for further information. Cright reserves the right, in its sole discretion, at any time, to remove User Files that it believes to be in violation of this Agreement.
We control and operate this website. All content on this website, including text, graphics, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. The Service and User Files transmitted are protected by copyright, trademark, intellectual property rights and other laws of both the United Kingdom and foreign countries.
Proprietary Rights - Service
All right, title, and interest in and to the Service is and will remain the exclusive property of Cright and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
Ownership of User Files
Cright does not claim any ownership rights in any User Files that you make available through the Service. However, by making User Files available through the Service, you grant Cright the non-exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting Cright in providing the Service, to use, copy, distribute and process User Files on the Sites and through the Service on your behalf and on behalf of your customers solely for the purposes of ensuring secure transfer and delivery of such User Files.
Cright, the Cright logo, and all other Cright (and Secure Arts Limited) trademarks, service marks, product names, and trade names of Cright appearing on the Service are owned by Cright. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent. Certain corporate accounts do however, include the facility to display other trademark, service mark, product name, trade name, and logo's.
As a condition to your use of the Service, you agree not to:
- Upload or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Service or Cright's computer systems or the technical delivery systems of Cright's providers;
- Frame, deep link, or otherwise incorporate into another website any of the content or other materials on this website without our express prior written consent.
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service or computer code comprising or in any way making up a part of this website;
- Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or taking any action that imposes an unreasonable or disproportionately large load on the website's infrastructure;
- Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
- Impersonate or misrepresent your affiliation with any person or entity;
- Disclosing to or sharing the assigned passwords with any unauthorized third parties or using the assigned passwords for any unauthorised purpose;
- Using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the content without our prior written permission, provided that generally available third party Web browsers such as Microsoft Internet Explorer may be used for general web-browsing purposes without such permission.
Cright will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Cright may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Cright has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Cright reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Cright considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
The Service may contain links to third-party websites. Given that monitoring the vast amount of information disseminated and accessible via those sites and resources is impracticable and beyond our resources, such information cannot be guaranteed to be accurate, or up to date and is not endorsed by us. You acknowledge and agree that Cright is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Cright of such websites or the content, products, or services available from such websites nor association with their operators. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
You may cancel a paid account at any time in your account settings on the Sites. Your account will remain active until the end of that month at which time you will be billed for usage under the terms of your account. Cright reserves the right to discontinue the Service or to change the Service at any time and without notice, except that Cright will provide notice of such discontinuation to corporate account holders. In the event of such discontinuation by Cright, Cright will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, for annual accounts, that period is one year. If you breach this Agreement, Cright will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Cright will not be required to refund any fees paid by you.
Disclaimer of Warranties
The contents of the Service are provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, Cright explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Cright makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Cright will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service. We do not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy, usefulness, or currency of any content or the Service pursuant to your use of this website. You use this website at your own risk. You (and not us) assume the entire cost of all necessary servicing and repair or correction of your system.
Except for such content that we may elect to create and publish, we are a distributor and not a publisher. We have no more editorial control over such User Files and information and content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including in the linked sites) are those of the respective authors or distributors of such content. Where you are a recipient of User Files, the owner of such content shall be contracted to us and will control the Service and use of your Personal Data; we shall provide the Service on their behalf and at their instruction.
You will defend, indemnify, and hold harmless Cright, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, 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 this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.
Limitation of Liability
In no event will Cright nor our affiliated or related entities, nor any of our respective officers, directors, employees or agents, nor any person or entity involved in the creation, production and distribution of this website or any content and the Service related thereto, be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Cright has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose. In no event will Cright's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to Cright by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cright and you; the limitation of liability reflects the allocation of risk between the parties. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability illegal for us to exclude our liability.
Jurisdiction and applicable law
If you have any questions about this Agreement, please contact Cright at firstname.lastname@example.org.