Centrodoc
Terms of Service
Consent
to Access Your Files
Files
and Folders
Your Public Folder
Your
Responsibilities
Privacy
Account
Security
Your
Use of the Service
Centrodoc
Property and Feedback
General
Prohibitions
Digital
Millennium Copyright Act Compliance
Links
Termination
Termination
for Liquidation etc.
Use
of the Site at Your Own Risk
Centrodoc
is Available ”AS-IS”
Indemnity
Limitation
of Liability
Severability
Waiver
Publicity
Secure
Access
Data
Conversion
Export
Governing
Law and Jurisdiction
Entire
Agreement
No
Partnership etc.
Force
Majeure
Centrodoc Terms of Service
These
Terms of Service govern your access to and use of Centrodoc's website (the “Site”),
any information, text, graphics, or other materials created and/or provided by
Centrodoc and appearing on the Site (the “Content”), Files (as defined
below) and any services and/or software provided through the Site or by
Centrodoc (the “Services”). These Terms of Service limit Centrodoc's
liability and obligations to you, grant Centrodoc certain rights and allow
Centrodoc to change, suspend or terminate your access to and use of the Site,
Content, Files and Services. Your access to and use of the Site, Content, Files
and/or Services are expressly conditioned on your compliance with these Terms
of Service. By accessing or using the Site, Content, Files and/or Services you
agree to be bound by these Terms of Service.
You
understand by clicking the “I AGREE”
button, by using the site, content, files and/or services or your account, you
are agreeing to be bound by these Terms of Service. You are also agreeing to be added to other
properties and projects as appropriate which you are involved with. If you do
not accept these Terms of Service in their entirety, you may not access or use
the site, content, files or services. If
you agree to these Terms of Service on behalf of a business you represent and
warrant that you have the authority to bind that business to these Terms of
Service and your agreement to these Terms will be treated as the agreement of
the business. In that event, “YOU” and “YOUR” will refer and apply to that business.
Consent to Access Your Files
By
utilizing the site, content, files and/or services, you consent to allow
Centrodoc to access any files that are placed in the “My Centrodoc”, “Centrodoc”
folders, and/or any other folder which you choose to link to Centrodoc. By placing files in your shared folder you
consent to share access to the content of those folders with those other
Centrodoc users that have been authorized to utilize those folders. By placing files in your folders you consent
to share access to the content of those folders with other Centrodoc users
and/or the public.
Files and Folders
“Your
Files” or “User Files” (collectively, the “Files”) as used in
this Agreement means the information contained in the files that you or other
users upload, download and access through the Site and Services. You are the
owner of Your Files and are solely responsible for your conduct and the content
of Your Files, as well as any of the content contained in your communications
with other Centrodoc users, including but not limited to User Posts (as defined
below).
Centrodoc
allows you to share some or all of Your Files. If you choose to, you can share
all or some of Your Files with the general public, or with specific individuals
you select. If you decide to share Your Files, you are giving certain legal
rights, as explained below, to those individuals who you have given access to
your folders.
Centrodoc
does not claim any ownership rights in Your Files. You acknowledge that
Centrodoc does not have any obligation to monitor the Files or User Posts that
are uploaded, posted, submitted, linked to or otherwise transmitted using the
Site or Services, for any purpose and, as a result, is not responsible for the
accuracy, completeness, appropriateness, legality or applicability of the Files
or anything said, depicted or written by users in their User Posts, including
without limitation, any information obtained by using the Site or Services.
Centrodoc does not endorse anything contained in the Files or User Posts or any
opinion, recommendation or advice expressed therein and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against Centrodoc with respect thereto.
Your Public Folder
While
you own the content contained in Your Files, files uploaded to Centrodoc are
automatically available to other Centrodoc users and in some cases to the
general public. By uploading files to Centrodoc, you hereby grant all other
Centrodoc users a non-exclusive, non-commercial, worldwide, royalty-free, sub-licensable,
perpetual and irrevocable right and license to use and exploit Your Files. In
other words, a file in a Centrodoc folder can be used by anyone, for any
purpose except commercial use. By uploading Your Files to Centrodoc, you agree
and acknowledge that Centrodoc has no responsibility or obligation to monitor
or notify of you of any non-compliance related to the license you have granted
and that Centrodoc has no responsibility to enforce or police, or aid you in
enforcing or policing, the terms of that license.
Your Responsibilities
You
represent and warrant that you own or have the necessary licenses, rights,
consents and permissions to grant the licenses that both your public and shared
folders require, as described above. Please note that moving all or portions of
Your Files from Centrodoc does not revoke the license granted to those
individuals who previously accessed those files.
You
should be aware that Files may be protected by intellectual property rights
which are owned by the Centrodoc user whose folder that File resides in. You
may not modify, rent, lease, loan, sell, distribute or create derivative works
based on the content(s) (either in whole or in part) of another user's file
unless you have been specifically told that you may do so by the rightful owner
of that File, in a separate agreement.
You
acknowledge and agree that you should not rely on the Site, Content, Files and
Services for any reason. You further acknowledge and agree that you are
solely responsible for maintaining and protecting all data and information that
is stored, retrieved or otherwise processed by the Site, Content, Files or
Services. Without limiting the foregoing, you will be responsible for all costs
and expenses that you or others may incur with respect to backing up, and
restoring and/or recreating any data and information that is lost or corrupted
as a result of your use of the Site, Content, Files and/or Services.
Privacy
See
Centrodoc's Privacy Policy at http:www.centrodoc.com/privacy
for information and notices concerning Centrodoc's collection and use of your
personal information.
Account Security
You
are responsible for safeguarding the password that you use to access the Site,
Content, Files and Services. You agree not to disclose your password to any
third party. You agree to take sole responsibility for any activities or
actions under your password, whether or not you have authorized such activities
or actions. You will immediately notify Centrodoc of any unauthorized use of
your password. You acknowledge that if you wish to protect your transmission of
data and/or files to Centrodoc, it is your responsibility to use a secure
encrypted connection to communicate with and/or utilize the Site, Files and
Services.
Your Use of the Services
Centrodoc
grants you a limited, nonexclusive, nontransferable, revocable license to use
the Site, Content, Files and Services subject to the restrictions set forth in
these Terms of Service.
Centrodoc Property and Feedback
All
right, title, and interest in and to the Site, Content, and Services are
and will remain the exclusive property of Centrodoc and its licensors,
including all Intellectual Property Rights (as defined below) therein, even if
Centrodoc incorporates any of your Feedback (as defined below) into subsequent
versions. The Site, Content, and Services are protected by copyright,
trademark, and other laws of the United Kingdom. Except as expressly permitted
in these Terms of Service, you may not reproduce, modify or prepare derivative
works based upon, distribute, sell, transfer, publicly display, publicly
perform, transmit, or otherwise use the Site, Content, or Services. You may not
copy or modify the HTML or other code used to generate web pages on the Site.
All
feedback, comments, and suggestions for improvements (the “Feedback”)
that you provide to Centrodoc, in any form, and any contributions you make to
the Site by posting content and communicating with other Centrodoc users via
posts to forums on the site (“User Posts”) will be the sole and
exclusive property of Centrodoc. You hereby irrevocably transfer and assign to
Centrodoc and agree to irrevocably assign and transfer to Centrodoc all of your
right, title, and interest in and to all of your Feedback and User Posts,
including all worldwide patent rights (including patent applications and disclosures),
copyright rights, trade secret rights, and other intellectual property rights
(collectively, the “Intellectual Property Rights”) therein. At
Centrodoc's request and expense, you will execute documents and take such
further acts as Centrodoc may reasonably request to assist Centrodoc in
acquiring, perfecting and maintaining its Intellectual Property Rights and
other legal protections for your Feedback and User Posts. You will not earn or
acquire any rights or licenses in the Site, Content, and Services or in
any Centrodoc Intellectual Property Rights on account of these Terms of Service
or your performance under these Terms of Service.
General Prohibitions
You
agree not to do any of the following while using the Site, Content, Files or
Services:
•
1. Post, publish or
transmit any text, graphics, or material that: (i) is false or misleading; (ii)
is defamatory; (iii) invades another's privacy;
(iv) is obscene, pornographic,
or offensive; (v) promotes bigotry, racism, hatred or harm against any
individual or group; (vi) infringes
another's rights, including any
intellectual property rights; or (vii) violates, or encourages any conduct that
would violate, any applicable
law or regulation or would give rise to civil
liability;
2. Access, tamper
with, or use non-public areas of the Site (including but not limited to user
folders not designated as 'public' or that you
have not been given permission
to access), Centrodoc's computer systems, or the technical delivery systems of
Centrodoc's providers;
3. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
4. Attempt to access
or search the Site, Content, Files or Services with any engine, software, tool,
agent, device or mechanism other than
the software and/or search agents
provided by Centrodoc or other generally available third-party web browsers
(such as Microsoft
Internet Explorer or Mozilla Firefox), including but not
limited to browser automation tools;
5. Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
6. Forge any TCP/IP
packet header or any part of the header information in any email or newsgroup
posting, or in any way use the Site,
Content, Files or Services to send
altered, deceptive or false source-identifying information;
7. Attempt to
decipher, decompile, disassemble or reverse engineer any of the software used
to provide the Site, Content, Files or Services;
8. Interfere with,
or attempt to interfere with, the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Site; or plant malware on Centrodoc's computer
system, those systems of Centrodoc's providers, or otherwise use the Site,
Content, Files or Services to attempt to distribute malware; or
9. Impersonate or
misrepresent your affiliation with any person or entity.
Centrodoc
will have the right to investigate and prosecute violations of any of the
above, including intellectual property rights infringement and Site security
issues, to the fullest extent of the law. Centrodoc may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms
of Service. You acknowledge that Centrodoc has no obligation to monitor any
user's access to or use of the Site, Content, Files and Services, but has the
right to do so for the purpose of operating the Site and the Services, to
ensure users' compliance with these Terms of Service, or to comply with
applicable law or the order or requirement of a court, administrative agency or
other governmental body.
Digital Millennium Copyright Act Compliance
You
will only upload, post, submit or otherwise transmit data and/or files: (i)
that you have the lawful right to use, copy, distribute, transmit, or display;
or (ii) that does not infringe the intellectual property rights or violate the
privacy rights of any third party (including, without limitation, copyright,
trademark, patent, trade secret, or other intellectual property right, or moral
right or right of publicity). Centrodoc has adopted and implemented a policy
that permits the deletion of files that violate this policy, and that permits
the termination in appropriate circumstances of the accounts of users who
repeatedly infringe or are believed to be or are charged with repeatedly
infringing the rights of copyright holders.
Links
The
Site may contain links to third-party websites or resources. You acknowledge
and agree that Centrodoc is not responsible or liable for: (i) the availability
or accuracy of such websites or resources; or (ii) the content, products, or
services on or available from such websites or resources. Links to such
websites or resources do not imply any endorsement by Centrodoc of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources.
Termination
If
you violate any of these Terms of Service, your permission to use the Site,
Content, Files and Services will automatically terminate. Centrodoc
reserves the right to revoke your access to and use of the Site, Content, Files
and Services at any time, with or without cause, and with or without notice.
Centrodoc also reserves the right to cease providing or to change the Site,
Content, Files or Services at any time and without notice.
Centrodoc
reserves the right to terminate Free Accounts at any time, with or without
notice. Without limiting the generality of the foregoing, and without further
notice, Centrodoc may choose to delete and/or reduce: (i) any or all of Your
Files if your Free Account is inactive for 90 days; and (ii) previous versions
and/or prior backups of Your Files.
Termination for
Liquidation etc
Either party may
terminate this Agreement if the other enters into liquidation whether
compulsory or voluntary (other than for the purposes of amalgamation or
reconstruction where the emerging company assumes the obligations of that Party
entering liquidation), compounds with its creditors or has an administrator,
administrative receiver (or other encumbrance) appointed over its assets, or
threatens to do any of the foregoing.
Use of the Site at Your Own Risk
Your
access to and use of the Site, Content, Files and Services and is at
your own risk. Centrodoc will have no responsibility for any harm to your
computer system, loss or corruption of data, or other harm that results from
your access to or use of the Site, Content, Files or Services.
Centrodoc is Available “AS-IS”
The
site, content, files and services are provided “AS-IS”, without warranty or condition of any kind, either express
or implied, without limiting the foregoing, Centrodoc explicitly disclaims any
warranties of merchantability, fitness for a particular purpose or
non-infringement and any warranties arising out of course of dealing or usage
of trade. You acknowledge that use of
the site, content, file and services may result in unexpected results, loss or
corruption of data or communications, project delays, other unpredictable
damage or loss, or exposure of you data or files to unintended third parties.
Centrodoc
makes no warranty that the site, content, files or services will meet your
requirements or be available on an uninterrupted, secure, or error-free
basis. Centrodoc makes no warranty
regarding the quality of any products, services, or information purchased or
obtained through the site, content, or services, or accuracy, timelines,
truthfulness, completeness or reliability of any information obtained through
the site, content, files or services.
No
advice or information whether oral or written, obtained from Centrodoc or
though the site, content, files or services, will create any warranty not
expressly made herein.
Indemnity
You
agree to defend, indemnify, and hold Centrodoc, its officers, directors,
employees and agents, harmless from and against any claims, liabilities,
damages, losses and expenses, including, without limitation, reasonable legal
fees and costs, arising out of or in any way connected with: (i) your access to
or use of the Site, Content, Files and Services; (ii) your violation of this
Agreement; (iii) your violation of any third party right, including without
limitation any intellectual property right, including but not limited to right
of attribution, publicity, confidentiality, property or privacy right; or (iv)
any claim that Your Files, or your use of Files, caused damage to a third
party, including without limitation claims that Your Files, or use of Files,
infringe the rights of another.
Limitation of Liability
In
no event will Centrodoc be liable to you or to any third party for damages of
any kind, including, without limitation, direct, special, incidental, punitive
or consequential damages (including loss of use, data, business or profits)
arising out of or in connection with this agreement, or from your access to or
use of, or inability to access or use, the site, content, files or services, or
for any error or defect in the site, content, files or services whether such
liability arises from any claim based upon contract, warranty, tort (including
negligence), strict liability or otherwise, or any other legal theory, whether
or not Centrodoc has been informed of the possibility of such damage, even if a
remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Centrodoc
is not liable for the defamatory, offensive or illegal conduct of other users or
third parties and that the risk of injury from the foregoing rests entirely
with you. Further, Centrodoc will have
no liability to you or to any third party for any third party content uploaded
onto or downloaded from the site or through the services and/or files, or if
your data is lost, corrupted or exposed to unintended third parties.