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:
- violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
- post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
- post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- use automated scripts, spiders, bots or similar means to harvest or collect User information or other information from the Sites or the Services; however, you may capture contact data and other information where the Sites or the Services expressly permits, encourages or requires it;
- use the Sites or the Services in a manner that could damage, disable or overburden the Sites or the Services or violate the law;
- provide inaccurate or misleading information when registering as a User;
- impersonate or misrepresent your affiliation with any person or entity; or
- upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
2. User Content
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).
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:
- any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, User postings or communications;
- problems with internet connections, telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website; or
- injury or damage to Users’ or other persons' computers or networks resulting from participating or downloading materials in connection with the Sites or the Services.
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.
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 firstname.lastname@example.org.
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.
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.
14. Other Terms