TERMS OF SERVICES
To make sure we know what to expect from each other, BT&sons Ltd has written down the conditions that apply when it provides services to its users. By using the website or file transfer service you agree to be bound by these Terms of Service, the Notice and Take Down policy and the Privacy & Cookie Statement. The provisions of these Terms apply to both the regular BT&sons Ltd service, unless explicitly mentioned otherwise.
You have read and understand:
Acceptance of the Terms and Definitions
The Terms of Service and underlying Notice and Take Down Policy (“NTD Policy”) and Privacy & Cookie Statement (“Terms”) are an agreement between you (“You”, “Your”, etc.), the user of our file transfer services (“Service”) provided through the website or domain Share.toptravelcard.com (“Website”) or Your Travelcard account (“Account”) and BT&sons Ltd(“travelcard share, “We”, etc.), with its main office at 27 Old Gloucester street London, registered number 09209568. BT&sons Ltd is the owner and rights holder of the Website and provider of the Service.
By accessing or using any part of the Website, creating an Account and/or using the Service You agree to be bound by these Terms, including the NTD Policy and Privacy & Cookie Statement that form an integral part of these Terms. In the event that BT&sons Ltd finds or is notified of presumed unlawful activity, BT&sons Ltd reserves the right to follow the procedure described in the NTD Policy. For more information on how BT&sons Ltd handles personal data and cookies, please see our Privacy & Cookie Statement.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and BT&sons Ltd. 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 BT&sons Ltd remain bound to the remainder of these Terms.
Note that BT&sons Ltd may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. BT&sons Ltd recommends that You review the Website from time to time and take note of any changes. If You do not agree with the Terms, including the NTD Policy and Privacy & Cookie Statement, You should not or no longer access or use the Website and/or Service. By continuing to use the Website and/or Service You accept any changes made to the Terms, including the NTD Policy and Privacy & Cookie Statement.
Any file transfer between You and recipients is treated confidentially. BT&sons Ltd does not provide any search function, catalogue or listing to find transfers that would be available, except if You are holding a Plus account as to ensure that you can find your own transfers. BT&sons Ltd will not look into your transfer or files, unless this is necessary and in line with our Privacy & Cookie Statement, 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.
BT&sons Ltd provides You with the infrastructure and facilities to transfer digital files up to 20 gigabyte (GB) per transfer to others and/or Yourself over the internet via our Website under the conditions as stipulated in these Terms. BT&sons Ltd transfers all kinds of files, subject to these Terms. Our regular Service is free from registration and charge thanks to the full-page wallpaper ads from our selected advertisers.
Uploaded files are stored and available to download on BT&sons Ltd servers for a period of 1 days. After this period files are permanently deleted to make room for new transfers. Each 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 a download link. You may transfer up to 200 files. BT&sons Ltd is not liable to You or any third party for any damages arising out of the use, reuse, or adaptation of background wallpapers chosen independently by You, including but not limited to, copyright protected works and/or trademarks.
The wallpapers, including photography, graphic design, typography, portraits and logos, as well as trademarks, service marks and trade names featured on wallpapers used within the Service, are the intellectual property of their respective rights holders. You are not allowed to copy, reproduce, make available online to the public, sell or reuse wallpapers in any way without the permission of the rights holder. BT&sons Ltd is not responsible or liable for the contents of wallpapers, in-ad links to external websites or the contents, products or services offered on external websites. You accept that all use outside the Website is at Your own risk.
BT&sons Ltd provides different kinds of notification emails to users of the Service: an upload confirmation to You, a notification email to a recipient, a download notification to You and an expiry reminder email to You. Below are the details on each of these emails.An email is sent to the email address You have provided as a sender, after You complete an upload successfully. This transfer confirmation email contains: the email address(es) of the recipient(s), the name, extension and size of the file(s), a download link to download a copy of the file(s), the date that the transfer will be deleted, in other words the period in which the transfer 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 BT&sons Ltd that You have sent them a transfer. This email contains: a link that leads to the location within the Website where the recipient can directly and securely download the entire transfer at once, if provided: a personal message, the email address of the sender, the name, extension and size of the file(s) and the date that the transfer will be deleted, in other words the period in which the transfer 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(s), the date that the transfer will be deleted, in other words the period in which the transfer is available for the recipient to download, a direct link to download a copy of the transfer yourself and if used.
If (none of) the recipient(s) download the transfer within 1 days after we have sent them the download notification, all parties will receive an expiry reminder email on the email address(es) before the download link expires. This expiry reminder email contains: the email address of the recipient, the name, extension and size of the file(s).
File ownership, permissions and responsibility
BT&sons Ltd 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.
BT&sons Ltd respects Your rights and demands that You respect those of BT&sons Ltd, 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 or use any wallpapers 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.
Violation of the Terms
BT&sons Ltd 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 BT&sons Ltd 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.
BT&sons Ltd provides its Service “AS-IS”, without warranty of any kind. Without limiting the foregoing, BT&sons Ltd explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. BT&sons Ltd 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 BT&sons Ltd is not responsible for any damages to Your 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.
Indemnity and Liability
You will defend, indemnify and hold harmless BT&sons Ltd, 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 share.toptravelcard.com for the intentional and/or deliberate recklessness of share.toptravelcard.com themselves (“their own acts”) and or the management of share.toptravelcard.com.
In no event will BT&sons Ltd be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not BT&sons Ltd has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. toptravelcard.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 BT&sons Ltd is liable for damage under mandatory law, BT&son Ltd 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 fifty euro (€50) per incident.
Applicable Law and Jurisdiction
All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of the United Kingdom. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in London, United Kingdom, unless stipulated otherwise by mandatory British or international laws. You waive any objection to jurisdiction and venue in the courts of the of United Kingdom.
You can contact BT&sons Ltd at firstname.lastname@example.org. We speak English.