Terms and Conditions
Updated 24th May 2018
By accessing or using our Websites including but not limited to https://blogvault.net, https://www.migrateguru.com, https://www.malcare.com or https://wpremote.com (“Websites”) or using our plugins including but not limited to the BlogVault, Migrate Guru and MalCare plug-ins (the “Plug-ins”), or accessing any other website, software application or plugin that links to this Terms and Conditions of use (collectively, the “Services”) by Inactiv.com Media Solutions Private Limited and BlogVault Inc (hereinafter “BlogVault”, “We”, “Us” or “Our”) or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
- You have read, understood, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at our websites.
- You are 18 years of age to form a binding contract with BlogVault.
- You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the BlogVault account registration process and to bind that company, organization, or entity to the Agreement.
Services provided by BlogVault shall be included but not limited to technology platforms such as Website, Plug-ins or any other services supplied by BlogVault that shall enable the users to take backups, migration, security, optimization or management of their websites. Specifically, wherein a user can easily manage every aspect of their WordPress site including migration, staging and merging across multiple secure and robust servers.
The terms “you,” “user” and “users” refer to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents, or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE SERVICES, OR THE PLUGINS.
To use our services, you must:
By using our services, you represent and warrant that you meet all the requirements listed above and that you will not use our services in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise). BlogVault may refuse service, close accounts of any users, and change eligibility requirements at any time.
Third Party Interactions
You represent and warrant that you will not use our services to:
We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement. We also reserve the right to terminate your use of the services for violating any of the prohibited uses.
User Requirements & Conduct
Payment and Commercial Terms
Changes in Subscription Plans
We may change our fees at any time by posting a new pricing structure to our services and/or sending you a notification by email.
Intellectual Property Rights
Text Messaging & Promotional Codes
Disclaimers & Limitation of Liability
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BLOGVAULT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, BLOGVAULT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BLOGVAULT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY AND BLOGVAULT’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID BLOGVAULT, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL BLOGVAULT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
You acknowledge to defend, indemnify and hold BlogVault, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
Account Suspension and Termination
Changes to Terms & Conditions
BlogVault reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitutes your agreement to such changes.
The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between BlogVault and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.
The Agreement and any dispute arising from the same will be governed by the laws applicable in India and and/or applicable as applied to agreements entered into and to be performed entirely within India, without regard to its choice of law or conflicts of law principles.
Compliance with Laws
Disputes are defined as any claim, controversy, or dispute between you and BlogVault, including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.
Binding Individual Arbitration
- You and BlogVault agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can.
- Any arbitration under these general terms will only be on an individual basis.
- Class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted.
- You waive any right to have your case decided by a jury and further waive any right to participate in a class action against BlogVault.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).
- All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996.
- Any arbitration hearing will occur in India, or another mutually agreeable location.
Powers of Arbitrator The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the BlogVault. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the BlogVault.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor BlogVault can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to: firstname.lastname@example.org . If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND BLOGVAULT RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.
BlogVault may give notice by means of a general notice on the Services via electronic mail to your email address, you may give notice to BlogVault via electronic mail to our email address email@example.com.
You may not assign or transfer these Terms in whole or in part without BlogVault’s prior written approval. You give your approval to BlogVault for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BlogVault’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, BlogVault or any third-party provider as a result of the contract between you and BlogVault for use of the Services.
Updates to services
No Changes in Terms at your request
The terms mentioned herein shall not be changed by anyone of you or your group. The same terms and conditions of use shall be applicable for all users.
BlogVault welcomes your questions or comments regarding the Terms: you can email us at firstname.lastname@example.org.