DigitalQuick Terms of Service
Last Updated: April 10, 2015 Thank you for your interest in DigitalQuick! Please read these terms of service carefully ("Terms") before using the Services. These Terms govern and apply to your access to and use of DigitalQuick ("we" or "our") websites and services (the "Services"). By accessing or using our Services, you agree to be bound by all of the terms and conditions described in these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you do not agree to all of these terms and conditions, do not use our Services.
Use of Services
The DigitalQuick Services enable you to easily and conveniently make, update, and share the latest version of documents within a designated group. In order to access and use DigitalQuick, you will need to register and create an account (your "Account"). By creating an Account, you represent that you have the power to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Acceptable Use Policy/User Conduct
You agree that you are responsible for your own conduct and all conducts under your Account, and all Content that is created under your Account and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Service and applicable separate agreements, if any, and all applicable laws and regulations in the relevant jurisdictions.
You further agree not to:
We may send you communications or data regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services, via electronic mail, posting on the website, or other reliable method.
Fees & Payment
This section of the Terms applies only when you use "DigitalQuick Pro" services. You will pay, and authorize DigitalQuick to charge to your selected payment method, for all applicable fees (“Fees”). Fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information to us. DigitalQuick may suspend or terminate the Services if fees are past due. You are responsible for all taxes. DigitalQuick will charge tax when required to do so. If you are required by law to withhold any taxes, you must provide DigitalQuick with an official tax receipt or other appropriate documentation.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services. We will take whatever action, in our sole discretion, it deems appropriate including removal of the challenged content from the site if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Your notice should include following information:
Notices should be sent to:
Attn: Copyright Agent
Fasoo USA, Inc.
197 State Route 18 South
East Brunswick, NJ 08816
Our App and Services are protected by copyright, trademark, patent or other intellectual property laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of DigitalQuick and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, DigitalQuick may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit DigitalQuick to deliver these to you (and you to receive them) as part of your use of the Service.
Modifications to this agreement
We reserve the right at any time and at our sole discretion to change, modify or otherwise alter these Terms at any time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
In an attempt to provide increased value to you, we may include the use of third party resources and/or links to third party websites as part of the Service. However, we have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) we 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 or materials available on or through any such site or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGITALQUICK, ITS PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, 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, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITALQUICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
(v) DIGITALQUICK'S ACTS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
(vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
(vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;
(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
(ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE;
OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
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 THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold DigitalQuick, its parent, subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual or consequential), losses and expenses (including legal or other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these Terms of Service or any other actions connected with your use of the Services (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
You may discontinue your use of the Services at any time, for any or no reason and with or without notice. We also reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
These Terms of Service constitute the entire agreement between you and DigitalQuick and governs your use of the Service, except, and then only to the extent that you have entered into a separate agreement. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and DigitalQuick for the use of the Service. If, through accessing or using the Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party. These Terms of Service and the relationship between you and DigitalQuick shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and DigitalQuick agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, New Jersey. Notwithstanding this, you agree that DigitalQuick shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. You are also responsible for complying with all local laws, rules and regulations
Last Modified: April, 2015
The Information We Collect and Store
We may collect and store the following information when running the DigitalQuick Services:
Information You Provide to DigitalQuick
When you register an account, we collect some personal information, such as your name, and email address. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account). When you invite others to join DigitalQuick by using our referral page, we send them a one-time email for that referral. You may also provide us with your contacts' email addresses when sharing files with them. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer DigitalQuick to you. Lastly, you will provide your password for use of DigitalQuick.
Automatically Collected Information
We automatically receive certain types of information when you interact with our Web pages, services and communications. For example, it is standard for your Web browser to automatically send information to every Web site you visit, including ours. That information includes your computer's IP address, access times, your browser type and language, and referring Web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you.
When you use the Services, we automatically record information from your Device, its software, and your activity using the Services.
This may include the Device's Internet Protocol ("IP") address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Services.
We collect IP addresses to audit the use of our Services. Although we automatically record your IP address, the actual IP address will not be shown on our website; instead, the general location of where the IP address is located will be shown. In addition, we do not share your IP address with any third parties.
Use of Personal Information
In general, we use your personal information to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services which we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Web site and services and to otherwise serve you and our users. For example, we may use your personal information:
If you are a DigitalQuick Pro user, your administrator may have the ability to access and control your DigitalQuick Pro account. Please refer to your employer's internal policies if you have questions about this. If you are not a DigitalQuick for Business user but interact with a DigitalQuick for Business user (by, for example, joining a Team folder or accessing stuff shared by that user), members of that organization may be able to view the name, email address and IP address that were associated with your account at the time of that interaction.
Service Providers, Business Partners and Others
Our Service offers publicly accessible community services such as forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. For questions about your Personal Information on our Service, please contact firstname.lastname@example.org.
Our Site includes links to other Web sites whose privacy practices may differ from those of DigitalQuick. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
Changing or Deleting Your Information
If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your "account settings." If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. For questions about your Personal Information on our Service, please contact us email@example.com. We will respond to your inquiry within 30 days.
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at firstname.lastname@example.org.
Your personal Information may be disclosed as we believe to be necessary or appropriate in order to: (a) comply with a law, regulation or compulsory legal request; (b) respond to requests from public and government authorities; (c) protect our rights and property; (d) allow us to pursue available remedies or limit the damages that we may sustain.
Changes to This Policy
We may change this Policy from time to time. If we make any changes to this Policy, we will change the "last updated" date above. If there are material changes to this Policy, we will notify you more directly. We encourage you to check this Policy whenever you use our Web sites and services to understand how your personal information is used.
Effective Date: April 10, 2015.
These “Commercial Terms”, together with the Terms of Service, apply to our commercial transactions with you, including your purchase of DigitalQuick for Business (“Service”) or other paid service from us. You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and DigitalQuick or its affiliate from which you are purchasing the Service. By purchasing the Service, you agree to be legally bound by these Commercial Terms and Terms of Service. If there are any conflicts or discrepancies between “Commercial Terms” and “Terms of Service”, Commercial Terms shall prevail.
We may update these Commercial Terms from time to time. The Commercial Terms published on our site at the time you purchase the Service, will apply to your transaction (a “Commercial Transaction”). If you do not agree to the changed Commercial Terms, you may cancel your Service and/or elect not to enter into the Commercial Transaction. If you do not cancel the Service within thirty days after you have learned of the change, or you proceed with any Commercial Transaction, you will be legally bound by the updated Commercial Terms.
Payment of Fees; Taxes
When you elect to purchase the Service from us and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we or our reseller (as applicable) are authorized to charge you for the Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Service in the currency specified by DigitalQuick when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for the Service may include certain taxes applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge.
Our prices for the Service do not include any of the third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services.
Changes in Fees
We may change the price of any Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in recurring subscription fees by email to the address in your account information. Any increase in charges for the same Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.
We accepts certain debit and credit cards as well as other forms of cash payment as payment methods (each, an “Accepted Payment Method”) for the Services, subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Service, and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Service will be billed on the date of your purchase. If you purchase the Service that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your Service subscription. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms information regarding your purchase and your submitted payment information in order to process your purchase. If your Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), we will process your payment on the last day of such month. (This is what we mean by paying on an autorenewal basis.)
Changes to Payment Methods and Account Information
You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time. If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for the Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Premium Service or Product subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
Cancellation of the Service Subscription
Costs of Collection; Credit Card Chargebacks
In addition to the published fees for the Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
If you purchase the Service with a credit card and then subsequently request your credit card issuer to reverse that payment, DigitalQuick is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional document to your Service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.
This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org).
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact email@example.com.
Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS"' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young (firstname.lastname@example.org). This product includes software written by Tim Hudson (email@example.com).
Original SSLeay License:
Copyright © 1995-1998 Eric Young (firstname.lastname@example.org). All rights reserved.
This package is an SSL implementation written by Eric Young (email@example.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (firstname.lastname@example.org).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License].