Terms of Use for PaperPort Anywhere, powered by OfficeDrop

Last modified: July 2011

By using the internet services, software, downloadable mobile software applications, products or web sites ("goods" and or "services") provided by OfficeDrop (a brand of Pixily) for PaperPort Anywhere Powered by OfficeDrop (“PPA”), you agree to be bound by the following Terms and Conditions. We reserve the rights to update these Terms in the future and we will notify you of what changed when we update so. You have the right to withdraw from this agreement and cancel your account if you cannot abide by such updates. You may always find the most current version of this agreement at http://www.officedrop.com/paperport-anywhere-terms-of-use. If you do not agree with these Terms and Conditions, do not select "I agree" and refrain from using PPA goods. You must accept these terms as presented to you. Changes, deletions and any modifications from you are not acceptable and OfficeDrop reserves the right to refuse access to PPA goods if OfficeDrop finds you non-compliant with any part of this agreement.

Use of Goods and Services

OfficeDrop and its affiliated companies and subsidiaries offer their goods to you, provided that you:

  • are of legal age, and
  • can enter into binding contracts, and
  • are not barred from using such services under the laws of the United States or other applicable jurisdictions.

Privacy

Please check here http://www.officedrop.com/paperport-anywhere-privacy-policy for the OfficeDrop policy that covers information on privacy.

Identity and Confidentiality

In order to use PPA, you will be required to provide accurate and current identification as part of the account enrollment process and continued use of PPA services.

You are responsible for maintaining the privacy of your account login details and are responsible for all the actions under your account.

You agree to notify OfficeDrop and PPA immediately if you are aware of any unauthorized use of your account and breach of security. OfficeDrop and PPA will not be responsible for any loss or damages if you fail to maintain the confidentiality of your account or fail to provide us with accurate notification of such unauthorized use.

Rights

OfficeDrop and PPA assumes that you have the fair rights of use or ownership for all the documents and files uploaded by you.

Cancellation

You may cancel your account anytime by logging into the PPA webservice and canceling your account from the preferences section. When you cancel, you will be given an opportunity in a time window to download all the documents currently available in your account. It is your responsibility to download all those documents within that time period. Those documents will not be accessible to you after that time period and OfficeDrop and PPA do not assume responsibility if you fail to take the necessary steps to retain your documents.

OfficeDrop and PPA may also terminate your access to or use of the goods or your account, with or without notice. Reasons for terminating your account or the Service include, without limitation: (a) breach or violation of these Terms of Use or any Separate Agreement, (b) your request or self-effecting account deletion, (c) an extended period of inactivity (determined in OfficeDrops’s and PPA’s sole discretion), (d) your nonpayment of any fees or other sums due OfficeDrop and PPA or any other party related to your use of the goods, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the goods (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination, OfficeDrop will close your account and you will no longer be able to retrieve Materials contained in that account or otherwise use the goods.

OfficeDrop and PPA retain the right to implement limits to the nature or size of the goods, such as but not limited to the OCR per account, storage available to you, the amount of bandwidth used by your account, the sharing permissions allowed, the nature or size of any index or library information, and may impose other limitations at any time, with or without notice. You acknowledge that a variety of OfficeDrop or PPA actions may impair or prevent you from accessing your Materials or using the goods at certain times and/or in the same way, for limited periods or permanently, and agree that OfficeDrop and PPA has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Materials.

License Grant

OfficeDrop and PPA grant you a non- transferable, non-exclusive license to use the goods offered, created, owned by OfficeDrop or PPA and/or its sub-licensors solely for internal use by your business or for your own personal use. You may not copy, reverse engineer, translate, port, modify or make derivative works of the goods. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the goods or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the goods by reverse engineering, disassembly, decompilation or any other means. The goods are copyrighted and may not be copied, even if modified or merged with other goods. You shall not alter or remove any copyright notice or proprietary legend contained in or on the goods. You agree not to remove any proprietary rights notices of OfficeDrop, PPA and/or its licensors from the goods.

Reservation of Rights

OfficeDrop and PPA reserve any rights not expressly granted herein.

Restrictions

The goods do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by OfficeDrop.

Ownership: OfficeDrop and PPA Material

The goods are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without OfficeDrop's prior written consent. Except as expressly provided herein, OfficeDrop and PPA do not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information.

Ownership: Your Material

Any documents /files “Materials” you uploaded belong to you and you are deemed responsible for any actions you take on them.

In order to enable OfficeDrop and PPA to operate the goods, OfficeDrop and PPA must obtain from you certain license and other rights to the Materials you submit (so that PPA’s processing, maintenance, storage, technical reproduction, back-up and distribution, and related handling of your Materials doesn’t infringe applicable copyright and other laws). Accordingly, by using the goods and uploading the Materials, you grant OfficeDrop and PPA a license to display, perform and distribute your Materials, and to modify (for technical purposes, such as producing images for web viewing, converting documents into text searchable PDFs, or creating search indexes for PPA’s search feature) and reproduce such Materials to enable OfficeDrop and PPA to operate the goods. You agree that these rights and licenses are royalty free, irrevocable and worldwide, and include a right for OfficeDrop and PPA to make such Materials available to, and pass these rights along to, others with whom OfficeDrop and PPA have contractual relationships related to the provision of the goods, solely for the purpose of providing such goods, and to otherwise permit access to your Materials to third parties if OfficeDrop and PPA determine such access is necessary to comply with its legal obligations.

OfficeDrop and PPA reserve the rights, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Materials available with the goods, without obligation to any person.

Sharing

PPA allows you to share your documents/files with others. If you do so, OfficeDrop and PPA do not assume responsibility for any copyright violations arising from your sharing of those documents. OfficeDrop and PPA are also not responsible for the actions taken by the users with whom you share your Materials or if the users who access those shared documents fail to protect the confidentiality of your information.

You understand that, notwithstanding OfficeDrop’s and PPA’s efforts and these Terms of Use, you may be exposed to offensive, indecent or objectionable documents/files when using the goods, and, accordingly, you use the goods at your own risk.

When you share documents, the users receive an email. You must not use this feature to spam others with unsolicited emails.

Advertisements

OfficeDrop and PPA do not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.

Trademarks

Products and services referenced herein are protected by either trademarks or registered trademarks of OfficeDrop. Other product and company names mentioned herein may be protected by the trademarks of their respective owners.

Links to Third Party Sites and Services

OfficeDrop’s and PPA’s goods and website may provide links to third party sites or services. The linked sites and services are not under the control of OfficeDrop and OfficeDrop and PPA are not responsible for the contents of any linked site, any link contained in a linked site, or the performance of any linked service. OfficeDrop is providing these links and services to you only as a convenience, and the inclusion of any link does not imply endorsement by OfficeDrop or PPA of the site or third party service.

No Warranty

OFFICEDROP AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE GOODS PUBLISHED BY OFFICEDROP FOR ANY PURPOSE. THE GOODS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE GOODS, SOFTWARE AND THE INTERNET GENERALLY. THE GOODS, SOFTWARE, ETC ARE COMPLEX AND MAY CONTAIN NON-COMFORMITIES, DEFECTS OR ERRORS. OFFICEDROP AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE GOODS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OFFICEDROP DOES NOT WARRANT THAT (i) THE GOODS WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE GOODS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE GOODS/SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOODS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OFFICEDROP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OFFICEDROP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO OFFICEDROP FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Waiver

The failure or delay by OfficeDrop to exercise or enforce any right or provision of these Terms of Use or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Use 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 Agreement remain in full force and effect.

Errors and Corrections

THE GOODS COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. OFFICEDROP AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GOODS AT ANY TIME.

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