This Agreement is between you and us and details the terms on which you use our ACDSee 365 web site and related services and software applications. It does not affect any other agreement between us.
By Using This Site, You Accept Its Terms. By using this Site, you accept and agree to the provisions of this Agreement without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in this Agreement, you are not authorized to use this Site. You may be denied access to this Site, with or without notice to you if you do not comply with any provisions of this Agreement.
Modifications to Agreement. We may from time to time modify this Agreement and will post a copy of the amended Agreement on the Site. Therefore, you should frequently review this Agreement to understand its terms and conditions. If you do not agree to, or cannot comply with, the Agreement as amended, you are not authorized to use the Site. You will be deemed to have accepted the Agreement as amended if you continue to use the Site after any amendments are posted on the Site. We reserve the right to refuse to provide our services and products to anyone at any time. We can change this Agreement at any time by placing a notice on the Site. Your continued Use of this Site after we notify you of any changes to these terms indicates that you accept any revisions to this Agreement.
We can change this Agreement at any time by placing a notice on the Site. Your continued Use of this Site after we notify you of any changes to these terms indicates that you accept any revisions to this Agreement.
ACD Not Responsible for User-Submitted Content. User Submitted Content is the sole responsibility of the person from whom such User Submitted Content originated. This means that you, and not ACD are entirely responsible for all User Submitted Content that you upload, post, transmit or otherwise make available on the Site and via the ACDSee 365 Hosting Services.
Exposure to User-Submitted Content. ACD does not control the User Submitted Content posted on the Site and via the ACDSee 365 Hosting Services and, as such, does not guarantee the accuracy, integrity or quality of such User Submitted Content. You understand that by using the Site, you may be exposed to User Submitted Content that is offensive, indecent or objectionable. ACD is only a forum and is not liable for any statements, representations, or User Submitted Content provided by its users in any public forum or private page on the Site.
ACD Not Liable for User-Submitted Content. Under no circumstances will ACD be liable in any way for any User Submitted Content, including, but not limited to, any errors or omissions in any User Submitted Content, or any loss or damage of any kind incurred as a result of the use of any User Submitted Content posted, transmitted or otherwise made available on the Site and via the ACDSee 365 Hosting Services.
ACD May Remove User-Submitted Content. Judgments as to the acceptability of User Submitted Content are at the sole discretion of ACD, and ACD reserves the right, and has absolute discretion, to remove, screen or edit any photographs or other User Submitted Content posted or stored on the Site at any time and for any reason without notice.
You need to register to have access to certain areas of the Site. You agree to provide accurate profile information and do your best to keep it updated. Our privacy policy explains how we protect your personal information.
Screen Names. We reserve the right to change a Screen Name for any reason at our sole discretion including, without limitation, if it conflicts with any of the words we have reserved for system use, or trademarks or service marks of our partners or any legal entity.
Intellectual Property Rights. As between you and ACD, you acknowledge that ACD owns or has a license to all intellectual property rights in and to the ACDSee 365 Hosting Services and any ACD content provided on this Site.
Grant of License. ACD grants to you a limited, non-exclusive, revocable, non-transferable license to access and use the Site and the ACDSee 365 Hosting Services in accordance with and subject to the terms and conditions set forth in this Agreement. ACD reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SITE AND THE ACDSee 365 HOSTING SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Prohibited Acts. You are liable for any illegal or prohibited User Submitted Content that you provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not, display, post, transmit, email or otherwise make accessible on or through the Site, User Submitted Content that:
You own your content, but give us rights so we can display, share and store your content. You also grant us the right to sublicense these rights to our storage provider.
We cannot guarantee confidentiality of your files.
Notice of Interruptions. To the extent we are able, we will endeavor to post updates on the Site regarding any Service Suspension and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Your Responsibility for Security. You are solely responsible for maintaining the confidentiality of your Email and password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer.
Disclaimer and Indemnity. ACD will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless ACD, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
Promotions. ACD or its business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that ACD is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ACD.
Termination by ACD for Convenience. If we terminate this Agreement for reasons other than for cause, we will try to notify you at least 30 days prior to termination via the email address you provide to us, with instructions on how to retrieve your User Submitted Content. Please note you may lose access to your User Submitted Content upon termination. In the event ACD terminates this Agreement or any part of it for convenience, including but not limited to, non-renewal by you of any fees for use of ACDSee 365 Hosting Services, to the extent we are able, we will endeavor, but are not obligated, to provide 30 day prior notice.
We will try, but we do not guarantee, to give you 30-day notice if we need to terminate the agreement for convenience or because you have decided not to renew any of your paid services, so that you have time to remove your content before we delete it.
Termination by ACD for Cause. ACD may terminate this Agreement immediately upon notice sent to the email address you provide to us in the event of breach or violation of this Agreement by you or for your failure to make timely payment of fees for the ACDSee 365 Hosting Services.
Effect of Termination. Upon termination of this Agreement you acknowledge that ACD will delete your account, your Screen Name and all your User Submitted Content. You acknowledge that ACD is not responsible for keeping a back-up copy of your User Submitted Content and ACD shall have no liability for the loss of User Submitted Content. Any pre-paid fees will not be refunded.
Surviving Obligations. All provisions of this Agreement which by their nature should survive expiration or termination shall survive the expiration or termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the ACDSee 365 Hosting Services shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to ACD, including without limitation any indemnification obligations contained herein.
WARRANTY DISCLAIMER. ACD MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT USE OR RESULTS OF THE USE OF THE ACDSEE 365 HOSTING SERVICES AND THE SITE (INCLUDING ALL OF ITS CONTENT, SERVICES OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ACD MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF ACDSEE 365 HOSTING SERVICES AND THE SITE OR YOUR USE OF THIS SITE AND THE ACDSEE 365 HOSTING SERVICES. IF ACD ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE ACDSEE 365 HOSTING SERVICES AND THE SITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
The Site is not guaranteed to be available without interruption or without error. We can modify or suspend or discontinue services at any time without notice to you. If there is interruption, error, modification, suspension or discontinuance of services, we have no liability to you for damages.
ACD NOT RESPONSIBLE FOR YOUR INFORMATION. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION (INCLUDING BUT NOT LIMITED TO USER SUBMITTED CONTENT) TO US IS AT YOUR OWN RISK. ACD DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
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