As used in these terms and conditions, the following terms and phrases shall have the following meanings:
1.1 "Acceptable Use Policy" means Virgin Media’s acceptable use policy here.
1.2 "Account" means your Backup & Storage account, which is either a “Bundled Account” which is included at no extra charge with your broadband package, or a “Premium Account”, for which you have to pay the Subscription Payment (as detailed in clause 4);
1.3 “Activation Date” means the date of activation of your Account;
1.4 “Broadband Subscriber” means a subscriber to Virgin Media’s broadband service, and “Broadband Subscription” will have a corresponding meaning;
1.5 "Content" means the electronic data, including but not limited to files, documents, sound recordings, audiovisual works, musical works, artwork, photographs, documents, software, electronic mail, and any other material containing such items or works, and any descriptions, titles, and other identifying or characteristics attributable to you, stored or otherwise maintained on your behalf by Virgin Media as part of Backup & Storage, or accessed or received by you pursuant to your use of Backup & Storage;
1.6 “End-User Licence Agreement” means the software licence agreement into which you will enter with Steek SA before you can download the Backup & Storage Backup Manager;
1.7 “Household” means up to 4 other users that are linked to your Account, who have all been authorised by you to use Backup & Storage under your Account;
1.8 "Backup & Storage" or the “Service” means the personal file backup, management and storage service provided to you or maintained on your behalf by Virgin Media;
1.9 "Backup & Storage Backup Manager" means the software application which automatically uploads and back-up your Content;
1.10 "Photo Printing Service" means a digital photo printing, processing and associated service provided by Snapfish that you may use in conjunction and as part of Backup & Storage;
1.11 "Photo Printing Terms" means the terms and conditions at http://www.snapfish.co.uk/termsandconditions under which Snapfish provides the Photo Printing Service.
1.13 "Site" means the Backup & Storage website, which is located here and on which we will from time to time publish information regarding the different Accounts and the functionality of the Service;
1.14 "Subscription Payments" means the fee which you have to pay when you have a Premium Account, to have access to Backup & Storage;
1.15 "User" means any person, group or entity, including any member of your Household, accessing Content and/or utilizing V
Stuff to store, transfer, receive or otherwise access/allow access to Content; and
1.16 "you" and similar derivations means the person, entity or other association who is an existing Broadband Subscriber and for whom Virgin Media has established an Account. It shall also be interpreted to mean anybody which you allow to use your Account, including any member of your Household, and anyone that you authorise to deal with us on your behalf.
2.1 Backup & Storage allows for sharing of all Content, to the exclusion of unauthorised music, video files and any other copyright materials in respect of which the requisite consents have not been procured. Unauthorised material will be removed as provided for in our Acceptable Use Policy set out in clause 7 below.
2.2 You will not be able to access Backup & Storage without broadband access. If you have defaulted on the payment of your Broadband Subscription fee, or if the broadband access provided to you by Virgin Media has been suspended or terminated because of breach of the conditions of access by you, you will accordingly not be able to use Backup & Storage.
3.2 You also agree that the Data held by Virgin Media may be shared with other third party companies for the sole purpose of providing Backup & Storage to you, including Snapfish and Steek SA.
There is no subscription fee for Bundled Accounts at present. We and Virgin Media Payments Limited (“Virgin Media Payments”) however reserve the right to do so at any time in accordance with your residential customer service agreement with us.
4.2.1 Where you have a Premium Account, Virgin Media Payments will charge you a Subscription Payment for your selected Account from your Activation Date.
4.2.2 Virgin Media Payments will collect your Subscription Payment each month. If your Activation Date is not at the beginning of your normal billing month, you may see a part-charge of the Subscription Amount on your first bill after your Activation Date.
4.2.3 Your Subscription Payment will be added to your Virgin Media bill.
4.2.4 If you default on payment of any Subscription Payment you will owe us the full amount outstanding, and we will be entitled to suspend or cease provision of Backup & Storage to You without giving you advance notice. This does not affect our right to terminate your Account, or to exercise such other remedies as we may be entitled to.
4.2.5 You may not terminate a Premium Account on less than 1 calendar month’s prior written notice to us.
4.3.1 If you upgrade or downgrade your broadband package as part of your Broadband Subscription, Your Account will be adjusted accordingly, and you may have less or more storage space on Backup & Storage as a result.
4.3.3 We may suspend your use of Backup & Storage until such time as you have deleted enough files and Content from your Account to bring the storage levels under your Account in line with the bandwidth allowance of your new Broadband Package.
5.1 Backup & Storage is for personal, non-commercial use and purposes by you only. Virgin Media does not guarantee the security of any Content received, stored or shared via your Account. Security of your Account and Content is your sole responsibility. You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for all activities that occur under your username and password. If you know or suspect that your username or password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible. If we believe that there has been, or is likely to be, a breach of security of your username or password, we may require that any or all of them are changed, suspend such username and password and reserve the right to cancel access to your Account immediately without notice.
5.2 We may offer you additional services as part of Backup & Storage. If there are additional terms and conditions relating to these additional services, we will notify you of these in advance. Your continued use of Backup & Storage after the notification will be deemed as acceptance by you of the updated terms and conditions.
5.3 You are responsible for independent backup of Content stored in your Account. You agree to assume all risk of loss of such Content.
6.1 Before you can make use of the Photo Printing Service, you will have to enter into the Photo Printing Terms with Snapfish. Your acceptance of the Backup & Storage Terms and Conditions and your use of the Photo Printing Service will constitute your acknowledgement that you have read and understood the Photo Printing Terms, and that you agree to and accept such terms.
6.2 The agreement for the printing of your photos is between you and Snapfish, and Virgin Media is not a party thereto.
6.3Your Photo Allowance will be adjusted accordingly should you upgrade or downgrade your broadband package as provided for in clause 4.3 above within 12 months of your Activation Date. The adjusted Photo Allowance will become available to you on the date on which you upgrade or downgrade takes place, which is the first day of the next calendar month.
6.4 You are required to take any issues in connection with or arising from the Photo Printing Service up with Snapfish directly.
7.1 You will, when using Backup & Storage, comply with Virgin Media’s Acceptable Use Policy which is located here.
7.2 Irrespective of which Account you have subscribed to, our Acceptable Use Policy will apply to you, each member of your Household, and anybody else who you allow to use Backup & Storage.
7.3 Virgin Media strongly encourages the use of parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist in limiting access to Content that may be harmful to or inappropriate for minors.
8.1 By submitting or making available Content to Backup & Storage you warrant:
8.1.1 it is your own original work or you have obtained all rights, permissions, licences and consents necessary from any others whose original work is contained within your Content;
8.1.2 your Content or any part of it does not infringe on the intellectual property rights (including copyright, patent, trademark, trade secret or other intellectual property or proprietary rights, rights of publicity or privacy, or moral rights) of any third party;
8.1.3 you will take responsibility for all licensing, reporting and payment obligations to any applicable third parties regarding any
Content received, accessed, stored or shared by you;
8.1.4 it does not and will not violate any law, statute, ordinance, regulation or judicial or regulatory order; and
8.1.5 you will in no circumstances upload or share copyright materials (for example, copyright music or video files) through your Account.
8.2 Virgin Media does not pre-screen or test Content and does not endorse any Content. Virgin Media reserves the right (but is in no way obliged) to monitor the use of your Account by you at any time, and in particular where we determine that there may be misuse under these terms.
9.1 The Backup & Storage Backup Manager, and certain other aspects around Backup & Storage, is licensed to you by Steek SA. In order to use the Backup & Storage Backup Manager (and consequently the Service), you agree to, and accept the terms and conditions of the End -User Licence Agreement.
9.2 You acknowledge that Virgin Media may terminate your Account immediately (or take such other action as may be reasonable or necessary under the circumstances) should you be found (or be suspected to be) in breach of the End-User Licence Agreement.
9.3 You acknowledge furthermore that Steek SA will be entitled to proceed against you under the terms of the End-User Licence Agreement, should this be necessary and you indemnify Virgin Media against any loss or damage that Virgin Media may suffer as a result of your breach of the End-User Licence Agreement.
9.4 Virgin Media grants to you a personal, non-exclusive, non-transferable licence to use the products, software, services and functionality comprising Backup & Storage solely for your own personal and non-commercial purposes. All rights not expressly granted by Virgin Media to you in this Contract are retained by Virgin Media. Except for this licence, you have no right, title or interest in or to the Backup & Storage any product, service, software, application, technology, functionality, know-how, text, images or multimedia data comprising Backup & Storage.
9.5 All applicable licences as set out herein shall terminate upon termination of your Account.
You are responsible for ensuring that your Account remains active, as follows:
10.1.1 Should you fail to login at least once every 90 days, or should you deactivate or uninstall the web user interface, we may close your Account. This will be done 90 days after the date on which you last logged in, or 90 days after deactivation or de-installation.
10.1.2 You will have 90 days from the date on which your Account was closed (as provided for in 10.1.1 above) to remove your Content from Backup & Storage, failing which we may delete all your Content permanently.
10.1.3 You will need to create an entirely new account should you require access to Backup & Storage. You can create a new Account using the same username/email address as you provided for your original Account, but you will need to go through Account creation/registration again and create it as a new Account.
10.2.1 If you fail to make a Subscription Payment when it is due to us for any reason, then we shall notify you of your default..
10.2.2 If you fail to make the required Subscription Payment within the stated period we may close your Account.
10.2.3 You will have 90 days from the date on which your Account was closed (as provided for in 10.2.1) to remove your Content from V Stuff, failing which we may delete all your Content permanently.
10.2.4 If you make your Subscription Payment after the Account has been closed, you may reactivate your Account with the same username (i.e. email address) and password login details but all of your previously uploaded Content will have been deleted from the Account.
The suspension or termination of your Broadband Subscription because of a default on payment or for any other reason will cause your Account under Backup & Storage to become inactive as contemplated in 10.1 and 10.2 above.
11.1 You may terminate your Bundled Account immediately at any time by notifying us. You may only terminate a Premium Account on 1 calendar month’s notice.
11.2 We may suspend or terminate your Account immediately upon notice to you where:
11.2.1 you fail to make Subscription Payments that you owe to us or have provided unauthorised payment details;
11.2.2 you breach these terms;
11.2.3 you, or any of the members of your Household or additional Users act in a way towards our staff or agents which we
reasonably consider to be inappropriate; or
11.2.4 you submit false or misleading information to Virgin Media; or if we have reasonable grounds to suspect fraud or any other unauthorised activity.
11.2.5 Upon termination under this clause 11, you will no longer have the right to access your Account, and may be denied access to a Backup & Storage Account in the future, in Virgin Media's sole discretion.
11.3 We may, in our sole discretion:
11.3.1 suspend or terminate your registration at any time (we may do this, for example, to update the Service for technical reasons); or
11.3.2 terminate your Account for any reason, upon 30 days’ notification.
11.4 We will not refund any Subscription Payments or other payments made by you if we terminate your Account because you have breached the terms and conditions.
11.5 Your Bundled Account or Premium Account, as the case may be, will terminate simultaneously with your Broadband Subscription.
11.6 Your Bundled Account or Premium Account, as the case may be, will also terminate should you move house. Your Content will under these circumstances be deleted within 90 days from the date on which your account was deactivated. You should therefore download any of your Content on Backup & Storage back to your PC during such period, failing which you will loose your record or copy thereof. Should you then carry your Broadband Subscription over to your new address, and want to make use of Backup & Storage, you will be required to sign-up for this Service, open a new account, and agree to these terms and conditions again.
12.1 You are responsible for all of your actions and omissions in relation to your use of Backup & Storage.
12.2 We will endeavour to provide Backup & Storage using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of Backup & Storage, or for any loss or damage caused to you by:
12.2.1 your negligence or failure to follow our reasonable instructions, and the terms set out herein;
12.2.2 your use of Backup & Storage, nor for any Content which is accessed, sent or received by you using Backup & Storage;
12.2.3 the act of closing your Account in accordance with these terms;
12.2.4 any delay or failure by us to provide any element of Backup & Storage or part of it where such delay or failure is caused by events outside our reasonable control including (but not limited to) network failures, severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
12.2.5 any errors, viruses or bugs contained in the Backup & Storage service caused by events outside of our control;
12.2.6 your use of Backup & Storage in circumstances where:
i. there is no breach of a contractual obligation or legal duty of care by us;
ii. such loss or damage is not a reasonably foreseeable result of any such breach;
12.2.7 any incompatibility of Backup & Storage with any other software or material on your computer;
12.2.8 any Content provided by third parties or for any product or service advertised, promoted, offered, or sold by third party service providers for use on Backup & Storage or otherwise; or
12.2.9 any other factor that is outside our reasonable control.
12.3 In no circumstances will Virgin Media be liable in contract, tort (including negligence or otherwise) for any loss or corruption of any data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue loss, or for any other indirect or consequential loss whatsoever.
12.4 No company nor its officers, employees or agents who act as Virgin Media's agent in providing any part of Backup & Storage shall be liable to you for any damage or loss suffered by you arising from or in connection with your use of Backup & Storage.
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of Backup & Storage will remain ours or, where applicable, our content partners.
We and/or our business partners may present advertisements or promotional materials on or through V Stuff. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertiser on or through Backup & Storage are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on Backup & Storage.
Backup & Storage may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
16.1 Backup & Storage is variable. We can change, replace or withdraw Accounts or elements of an Account at any time.
16.2 If anything we do under this clause 16 results in a change to your Subscription Payment we will confirm the change to you.