Terms of Use

Last Modified: January 14, 2014

By using BackupBC, you acknowledge you have read and consent to the following:

The Product

BackupBC is an app installed on your website which you can use to backup your website. Because of limitations of the Business Catalyst platform, at this time BackupBC does not backup everything on your website. BackupBC publishes on its website a current list of items that are backed up. Anything not included in this list is not backed up. It is your responsibility to review this list to understand and accept the features and limitations of using BackupBC. BackupBC does not warranty, guarantee, or otherwise make any assurances, implied or otherwise, as to your use of BackupBC. You agree to use BackupBC “as-is”.

Use of BackupBC

Subject to these terms, BackupBC grants you a limited, non-exclusive, non-transferable and revocable license to install and use BackupBC. You must pay the license fee for each installation of BackupBC. You may not transfer or copy BackupBC to another site without paying the license fee for that site.

You acknowledge that certain third party code may be provided with backupBC and that the license terms accompanying that code will govern its use. You acknowledge that BackupBC or third parties own all right, title and interest in and to BackupBC, including all intellectual property rights. Except for the license granted in these terms, BackupBC and its licensors retain all rights to BackupBC, and no implied licenses are granted to you.

You specifically agree that you will not, nor will you permit another person to:

  • sublicense, lease, rent, loan, transfer or distribute any portion of BackupBC;
  • modify, adapt, translate or create derivative works from BackupBC;
  • decompile, reverse engineer, disassemble or otherwise attempt to derive source code from BackupBC; or
  • remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in association with the BackupBC.

Reliability

We do not guarantee that BackupBC will be available at all times. Like all other services reliant on the Internet, we are vulnerable to the inherent unreliability of the Internet. We rely on Adobe Business Catalyst's services, and we are not responsible for outages.
You acknowledge and agree that BackupBC shall not be liable for any access failure or failure to save or store your materials on your website or local hard drive at any given time.

Limitation of Liability

Under no circumstances will we be liable for any damages that result from the use of, or the inability to use BackupBC, and/or the materials or information on the BackupBC website or app, or any products or services provided pursuant to BackupBC, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us or to the third party app installer, if any, for accessing and/or using BackupBC or the BackupBC website.

Under no circumstances will BackupBC, or its owners (MIS, Inc and Practically Inspired, LLC) be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of BackupBC, our materials, instructions, tutorials, any advice, goods or services you receive from us or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guests in connection with the display of their photo, name, or biography posted on our site or in our marketing materials.

Your Information

Your information may be collected by the third party app installer (i.e. bcappstore.com). See the terms on their website for more information. The third party app installer may share your information with us, which we may use to 1) service your account, 2) improve our services to you, or 3) for marketing our services and products to you. We will not share your information with other parties unless required to do so by force of law (i.e. court order or other such applicable legal mechanism). Adobe will have access to your information as per the terms on their website associated with the use of Business Catalyst.

Compliance with Laws & Acceptable Use

You are solely responsible for your conduct related to BackupBC and any backup data you store on your website. You specifically agree that you will not use BackupBC to:

  • violate any laws or regulations;
  • infringe the intellectual property or other rights of third parties;
  • transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone we know to be under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.

Cookies

Please be aware that your browser must be enabled to accept cookies from BackupBC.com in order for you to use the BackupBC website.

Changes to The Service & Terms

BackupBC reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, BackupBC will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the BackupBC.com website. BackupBC reserves the right to modify these terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of BackupBC following any such modification constitutes your agreement to be bound by the modified terms. To stay informed of any changes, please review the most current version of these terms posted on the BackupBC website. If you do not agree to be bound by these terms, you must stop using BackupBC immediately.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using this web form or mailing to the address below:

BackupBC
c/o MIS, Inc.
8501 Candelaria NE, Suite F1
Albuquerque, NM 87112