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Terms of Use

Effective Date: These Terms of Use were last updated on May 1, 2012.

Crocodoc (“we” or “us”) thanks you (“you” or “User”) for using the web site at www.crocodoc.com and its directly associated domains (the “Sites”), the mobile phone applications, and other services and content (e.g. widgets, feeds and applications) owned or operated by us and any client software associated with the foregoing (collectively, the “Services”). These Terms of Use set forth the standards for accessing the Sites and using the Services. By accessing or using any of the Sites and/or the Services you signify that you have read, understand and agree to be bound by these Terms of Use and the accompanying Privacy Policy which is hereby incorporated herein. We reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Use and Privacy Policy at any time. If we do so, we will post the changes on this page or email you a notice, in each case indicating the effective date. Your continued use of the Sites or the Services after such notice constitutes your acceptance of the modified Terms of Use or Privacy Policy. If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Sites or the Services. Our Services are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Sites or the Services by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Use.

1. Rules of Conduct

You agree that you may only use the Sites and the Services only in accordance with the terms of your subscription agreement with Crocodoc. You also agree that you will not do or permit to be done through your account or log-in any of the following:

You agree that Crocodoc may refuse your registration or terminate your access and account for violating any Rules of Conduct or Terms of Use, for any behavior that is inconsistent with Crocodoc’s image or values, or for any other reason.

2. User Content

You are solely responsible for the source information, including annotations that you create, including those you elect to make available for viewing by other users of the Sites or the Services, as well as all images and other content that you publish or display on or by using the Sites or the Services or that you transmit to other users of the Sites or the Services (collectively, the "User Content"). You understand and agree that Crocodoc may review, edit and remove any User Content that in its sole judgment violates these Terms of Use or creates other problems; but you also acknowledge that Crocodoc has no obligation to do so and makes no promise that it will.

Although you retain ownership of your User Content, by posting any User Content on the Sites or with the Services and electing to make it viewable by users of the Sites and the Services and others, you grant Crocodoc and its affiliates an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to copy, perform, display, adapt, incorporate, reformat, translate, excerpt, distribute and in all other respects use such User Content (including without limitation on the Sites and with the Services).

If your User Content incorporates any writings, images or other content from any other third party, you represent that you have express permission to do so or that you have another sound basis for doing so. If you do not you are not permitted to post such content on the Sites or with the Services. You will be responsible for, and indemnify Crocodoc and its affiliates and any other users of the Sites or the Services from, any damages, losses or third party claims caused by a violation of these Terms of Use or from any problems arising from your User Content; you will also reimburse Crocodoc for any reasonable attorneys’ fees or costs we incur in dealing with these issues.

3. Disclaimer of Warranties.

Crocodoc is not responsible for any incorrect or inaccurate content – including User Content – posted on the Sites or with the Services regardless of the cause or source, or for the conduct, online or offline, of any User or other user of the Sites or the Services. Crocodoc shall have no liability for any interruptions in the use of the Sites or the Services. Without limiting the above, Crocodoc assumes no responsibility for:

You are responsible for verifying the accuracy all information and content received from the Sites or through the Services. Crocodoc does not guarantee the accuracy, integrity, completeness, or quality of any information or content available from or through the Sites or the Services.

Under no circumstances will Crocodoc be responsible for any loss or damage incurred or resulting from anyone's use, including your use, of the Sites, the Services, any content posted on the Sites or with the Services or communicated to you or other users of the Sites or the Services, or any interactions between users of the Sites or the Services, online or offline. THE SITES, THE SERVICES AND CONTENT ARE PROVIDED "AS-IS" AND CROCODOC DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you in full.

4. Limitation of Liability

IN NO EVENT WILL CROCODOC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) $100 OR (2) THE USER FEES PAID BY YOU TO CROCODOC, ARISING FROM YOUR USE OF THE SITES OR THE SERVICES, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF CROCODOC WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you in full.

5. Indemnification

You agree to indemnify and hold Crocodoc and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys’ fees) arising out of or in connection with your use of the Sites and/or the Services, your violation of these Terms of Use, your User Content, or your violation of the rights of a third party or any law.

6. Your Account

All users of the Sites and the Services shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account whether authorized or not authorized. You agree to notify Crocodoc of any unauthorized use of your account or any other breach of security known or which should be known to you. Your right to use the Service is personal to you. You agree not to resell or make any commercial use of the Services without the express written consent of Crocodoc.

7. Modifications and Interruption to Service

Crocodoc reserves the right to modify or discontinue the Sites and the Services with or without notice to you. Crocodoc shall not be liable to you or any third party should Crocodoc exercise its right to modify or discontinue the Sites or the Services. You acknowledge and accept that Crocodoc does not guarantee continuous, uninterrupted or secure access to the Sites or the Services and operation of the Sites and the Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Governing Law and Venue

If there is any dispute about or involving the Sites or the Services, you agree that the dispute will be governed by the laws of the State of California, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of San Francisco, California, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Crocodoc may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Sites or the Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

9. Compliance with Laws.

You assume all knowledge of applicable law related to your use of the Sites and the Services and are responsible for compliance with any such laws. You may not use the Sites or the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to use the Sites or the Services to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

You acknowledge that Crocodoc and its licensors own all rights, title and interest in all content on the Sites (except “User Content,” as defined below), including but not limited to the Sites’ software, client applications, design, text, graphics and files, and their selection and arrangement (the "Crocodoc Content"), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Crocodoc Content, except as may be expressly permitted by Crocodoc. You may download and print reasonable portions of the Crocodoc Content, including any User Content of other users of the Sites and Services, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Crocodoc Content or other User’s User Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Crocodoc Content not authorized by Crocodoc is prohibited.

All trademarks, logos, trade dress and service marks on the Sites are trademarks of Crocodoc or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.

You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Sites or the content contained therein without our prior written consent.

11. Notification of Claimed Copyright Infringement

It is Crocodoc’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Crocodoc Content, User Content or materials appearing on this Sites or in the Services contains infringing materials or infringing property, please send a notice to us by Email at support@crocodoc.com.

Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. Botnets

Crocodoc retains the right, at our sole discretion, to terminate any Users involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Crocodoc reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Links and References

The Sites and the Services may contains links to websites operated by unrelated parties. These links are provided for your convenience and reference only. Crocodoc does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.

The Sites and the Services may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user's reliance on or exposure to information obtained from or contained on the Sites or in the Services. Rather, you are responsible to evaluate the information, advice, and other content available through the Sites or the Services, and any products, services or firms referenced therein.

If you decide to leave the Sites or the Services and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.

14. Other Terms

These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and Crocodoc regarding the use of the Sites and the Services and supersede any prior agreements between us on the same subject. Crocodoc’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Crocodoc, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that by accepting these Terms of Use, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

15. Questions and Suggestions

If you have additional questions or suggestions regarding these Terms of Use or our Privacy Policy, you can contact us online at support@crocodoc.com.