Terms of Use
By using products, software, services, forums or websites of PDFzorro ("PDFzorro
products"), you agree to the following terms and conditions, and any policies,
guidelines or amendments thereto that may be presented to you from time to time,
including but not limited to Program Policies and Legal Notices (collectively,
the "Terms"). We may update the Terms in the future, and you will be able to
find the most current version of this agreement at http://www.pdfzorro.com/terms.php.
1. Use of Products
PDFzorro, its subsidiaries, employees, and affiliated companies ("PDFzorro")
offer PDFzorro products to you, provided that you are of legal age to form a
binding contract and are not a person barred from receiving products under the
laws of the United States or other applicable jurisdiction. In order to access
certain products, you may be required to provide current, accurate
identification, contact, and other information as part of the registration
process and/or continued use of PDFzorro products. You are responsible for
maintaining the confidentiality of your account password, and are responsible
for all activities that occur under your account. You agree to immediately
notify PDFzorro of any unauthorized use of your password or account or any other
breach of security. PDFzorro cannot and will not be liable for any loss or
damage arising from your failure to provide us with accurate information or to
keep your password secure.
2. Appropriate Conduct
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content") are the
sole responsibility of the person from which such Content originated. PDFzorro
products may download, request, or otherwise obtain content from the internet or
your own computer at your request. You understand that by using PDFzorro
products you may be exposed to Content that is offensive, indecent or
objectionable, and that you use PDFzorro products at your own risk.
You agree that you are responsible for your own conduct and any Content that you
create, transmit or display while using PDFzorro products and for any
consequences thereof. You agree to use PDFzorro products only for purposes that
are legal, proper and in accordance with the Terms and any applicable policies
or guidelines. You agree that you will not engage in any activity that
interferes with or disrupts PDFzorro products or servers or networks connected
to PDFzorro products. To report any activity or Content that may violate the
Terms, please contact PDFzorro.
In addition to this agreement, your use of some specific PDFzorro products is
governed by the policies or guidelines specific to those products, and which are
specifically incorporated into this agreement.
Users outside of the United States agree to comply with their own local rules
regarding online conduct and acceptable content, including laws regulating the
export of data to and from the United States or your country of residence.
3. PDFzorro Privacy Policy
By using PDFzorro products, you
acknowledge and agree that PDFzorro may access, preserve, and disclose your
account information and any Content associated with that account if required to
do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) satisfy any applicable law,
regulation, legal process or enforceable governmental request, (b) enforce the
Terms, including investigation of potential violations hereof, (c) detect,
prevent, or otherwise address fraud, security or technical issues (including,
without limitation, the filtering of spam), or (d) protect against imminent harm
to the rights, property or safety of PDFzorro, its users or the public as
required or permitted by law.
You understand that the technical processing and transmission of PDFzorro
products, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks, devices or products.
4. Proprietary Rights
PDFzorro's Rights
You acknowledge and agree that PDFzorro products and any necessary software used
in connection with PDFzorro products ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws and treaties. You further acknowledge and agree that Content
contained in sponsor advertisements or presented to you through PDFzorro
products is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by PDFzorro or other
proper third party rights holders, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on Content, PDFzorro products
or Software, in whole or in part except as specifically authorized in a separate
written agreement.
Subject to the Terms and applicable License Agreements, PDFzorro grants you a
personal, non-transferable and non-exclusive right and license to use the object
code of its Software; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Software, unless such activity is expressly permitted or required by law or has
been expressly authorized by PDFzorro in writing. You agree not to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to PDFzorro products. You agree not to access
PDFzorro products by any means other than through the interface that is provided
by PDFzorro for use in accessing PDFzorro products except as specifically
authorized in a separate written agreement.
Except as expressly authorized by PDFzorro you agree not to use, copy, imitate,
or incorporate any trademark, service mark, trade dress, company name, or
product name in a way that is likely to cause confusion among consumers. You
also agree not to remove, obscure, or alter PDFzorro's or any third party's
copyright notice, trademarks, or other proprietary rights notices affixed to or
contained within or accessed in conjunction with or through the PDFzorro
products or Software.
Your Rights
PDFzorro claims no ownership or control over any Content submitted, posted or
displayed by you on or through PDFzorro products. You or a third party licensor,
as appropriate, retain all patent, trademark and copyright to any Content you
submit, post or display on or through PDFzorro products and you are responsible
for protecting those rights, as appropriate. By submitting, posting or
displaying Content on or through PDFzorro products which are intended to be
available to the members of the public, you grant PDFzorro a worldwide,
non-exclusive, royalty-free license to reproduce, adapt, modify, publish and
distribute such Content on PDFzorro products for the purpose of displaying,
distributing and promoting PDFzorro products. PDFzorro reserves the right to
syndicate Content submitted, posted or displayed by you on or through PDFzorro
products and use that Content in connection with any product offered by PDFzorro.
PDFzorro furthermore reserves the right to refuse to accept, post, display or
transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content submitted.
Other
Adobe, the Adobe logo, Adobe PDF, the Adobe PDF logo, Acrobat, Flash, the Flash
logo (stylized "f"), LiveCycle, LiveCycle Forms ES, PostScript, the PostScript
logo, Reader, and XMP are either registered trademarks or trademarks of Adobe
Systems Incorporated in the United States and/or other countries.
Apple, the Apple logo, iPad, iPhone, iPod touch, Mac, the Mac logo, Mac OS, OS
X, Safari, and TrueType are trademarks of Apple, Inc.
Facebook and the "f" Logo are trademarks of Facebook, Inc.
Google and Google Chrome are trademarks of Google Inc.
Microsoft, the .NET logo, ActiveX, IntelliSense, Internet Explorer, the Internet
Explorer logo, the Security Shield logo, Silverlight, Silverlight logo, SQL
Server, Visual Basic, Visual C#, Visual Studio, Windows, the Windows logo,
Windows Server, and Windows Vista are trademarks of the Microsoft group of
companies.
Mozilla, the Mozilla logo, Firefox, and the Firefox logo are trademarks of The
Mozilla Foundation.
Opera and the Opera logo are trademarks of Opera Software ASA.
The Twitter name, Twitter logo, Twitter T, Tweet, and Twitter bird are
trademarks of Twitter, Inc.
5. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by PDFzorro will be governed by the Terms and
any additional terms and conditions of the end user license agreement
accompanying such Software. PDFzorro Software may automatically report version
number or other diagnostic information and may automatically download upgrades
to the Software to update, enhance and further develop PDFzorro products,
including providing bug fixes, patches, enhanced functions, missing plug-ins and
new versions. In the event of a conflict between the Terms and the license
agreement of Software, the license agreement shall have precedence.
6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
For information regarding our trademark complaint procedure, please contact
PDFzorro.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that PDFzorro has no responsibility or liability for the deletion or
failure to store any Content and other communications maintained or transmitted
by PDFzorro products. You acknowledge that PDFzorro may have set no fixed upper
limit on the number of transmissions you may send or receive through PDFzorro
products or the amount of storage space used; however, we retain the right, at
our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of PDFzorro products, including upon receipt of
a certificate or other legal document confirming your death, PDFzorro will close
your account and you will no longer be able to retrieve content contained in
that account.
8. MODIFICATIONS TO PRODUCT
PDFzorro reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, PDFzorro products (or any part thereof)
with or without notice. You agree that PDFzorro shall not be liable to you or to
any third party for any modification, suspension or discontinuance of PDFzorro
products.
9. TERMINATION
You may discontinue your use of PDFzorro products at any time. You agree that
PDFzorro may at any time and for any reason, including a period of account
inactivity, terminate your access to PDFzorro products, terminate the Terms, or
suspend or terminate your account. In the event of termination, your account
will be disabled and you may not be granted access to PDFzorro products, your
account or any files or other content contained in your account. Sections 9 (Termination),
12 (Indemnity), 13 (Disclaimer of Warranties), 14 (Limitations of Liability), 15
(Exclusions and Limitations) and 18 (including choice of law, severability and
statute of limitations), of the Terms, shall survive expiration or termination.
10. ADVERTISEMENTS
Some PDFzorro products are supported by advertising revenue and may display
advertisements and promotions on the product. Such advertisements may be
targeted to the content of information stored on the PDFzorro products, queries
made through PDFzorro products or other information. The manner, mode and extent
of advertising by PDFzorro on its products are subject to change. As
consideration for your use of PDFzorro products, you agree that PDFzorro may
place such advertising and that PDFzorro shall not be responsible or liable for
any loss or damage of any sort incurred by you as a result of the presence of
such advertisers on PDFzorro products or your subsequent dealings with
advertisers.
11. LINKS
PDFzorro products may provide, or third parties may provide, links to other
World Wide Web sites or resources. PDFzorro may have no control over such sites
and resources and you acknowledge and agree that PDFzorro is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that PDFzorro shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or products
available on or through any such site or resource.
12. INDEMNITY
You agree to hold harmless and indemnify PDFzorro, and its subsidiaries,
affiliates, officers, agents, employees, advertisers, licensors, suppliers or
partners, (collectively "PDFzorro and Partners") from and against any third
party claim arising from or in any way related to your use of PDFzorro products,
violation of the Terms or any other actions connected with use of PDFzorro
products, including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. In such a case, PDFzorro will provide
you with written notice of such claim, suit or action.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF PDFzorro PRODUCTS IS AT YOUR SOLE RISK. PDFzorro PRODUCTS ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, PDFzorro AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
PDFzorro AND PARTNERS DO NOT WARRANT THAT (i) PDFzorro PRODUCTS WILL MEET YOUR
REQUIREMENTS, (ii) PDFzorro PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PDFzorro
PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
PDFzorro PRODUCTS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PDFzorro
PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PDFzorro
OR THROUGH OR FROM PDFzorro PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PDFzorro AND PARTNERS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PDFzorro OR PARTNERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE PDFzorro PRODUCTS; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM PDFzorro PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
PDFzorro PRODUCTS; OR (v) ANY OTHER MATTER RELATING TO PDFzorro PRODUCTS.
15. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION,
WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE,
BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE
LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall
be no third party beneficiaries to the Terms.
17. NOTICE
You agree that PDFzorro may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on PDFzorro products.
All uploaded files are deleted after a interval of two days.
But you should not use the online service with senisble documents.
We accept no liability (and no responsibility) if others gain access to your uploaded documents.
On some pages that get edited with PDFzorro,we add a link to http://www.PDFzorro.com.
18. GENERAL INFORMATION
Entire Agreement.
The Terms (including any policies, guidelines or amendments that may be
presented to your form time to time such as Program Policies and Legal Notices)
constitute the entire agreement between you and PDFzorro and govern your use of
PDFzorro products, superceding any prior agreements between you and PDFzorro for
the use of PDFzorro products. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other PDFzorro
products, affiliate products, third-party content or third-party software.
Choice of Law and Forum.
The Terms and the relationship between you and PDFzorro shall be governed by the
laws of the State of California without regard to its conflict of law provisions.
You and PDFzorro agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of San Diego, California.
Waiver and Severability of Terms.
The failure of PDFzorro to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of PDFzorro products or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or
contractual effect.