Last updated: 13th of March 2017
Copyrights and Other Intellectual Property Rights
Document Management Software owns the intellectual property rights, or has obtained the rights to the Website and all content made available through the Website. You agree to comply with all copyright, trademark and any other intellectual property right laws worldwide in your use of the Website, and agree not to use the information in a manner that is detrimental or adverse to the interests of Document Management Software. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Document Management Software or M-Files. Any use of the Website or the content available therein not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws.
Purpose of Use
You agree to use the information contained on the Website only for informational purposes, either for your private non-commercial use or in connection with the possible purchase of Document Management Software’s / M-Files products or services by you or by an entity you represent, or to obtain general information on products or services you have purchased from us. You agree to use the Website and information contained therein at your own risk and in accordance with all applicable laws.
Code of Conduct
You agree that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, adult material, or otherwise in violation of any applicable law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden.
You may not:
- copy, reproduce, modify or create derivative works of the Website or a part thereof;
- sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Website to any third party or otherwise commercially exploit the Website;
- disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the Website, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
- access the Website in order to build a similar or competitive service;
- scrape, build databases or otherwise create permanent copies of any content derived from the Website, or collect any data incorporated in the Website in any automated manner such as through the use of bots, spiders, crawlers or any other automated means;
- exploit the Website in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity; or
- use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
Feedback and Other User Material
You agree that any and all information such as feedback, ideas, or comments (“User Material”) communicated to Document Management Software through the Website will be deemed and shall remain the property of Document Management Software. You acknowledge and agree that all User Material are provided by you on a non-confidential basis with no promise by Document Management Software not to use or reproduce these for any purpose whatsoever. Document Management Software shall be free to use User Materials and any ideas, concepts, knowledge or techniques contained therein for any purpose including developing, manufacturing, and marketing products and services and without any compensation payable to you. Any personally-identifiable information submitted to us shall be handled in accordance with our privacy policies.
You are solely responsible for any material or content that you may post in or through the Website, regardless of the manner in which you post it, including complying with all applicable laws. Similarly, your use of, or reliance on, any material or content posted on the Website is at your own risk. We cannot monitor or control user content posted on the Website and we cannot take responsibility for such user content. However, we may, in our sole discretion and without notice, review and delete any user content, but are under no obligation for doing so. We assume no responsibility for monitoring the Website for inappropriate content or conduct. Your use of the Website is at your own risk.
We undertake to obey with relevant copyright laws. If you believe copyright-protected work was posted on the Website without authorization, you may submit a copyright infringement notification. We will review all claims of copyright infringement received and remove user content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- the name and contact information of the copyright holder or his/her representative who is making the notification (the “Notifying Party”);
- an itemization of the material, for which prevention of access is requested, and details of the location of the material. Please provide enough detail for us to locate the allegedly infringing content on the Website;
- confirmation by the Notifying Party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network;
- information concerning the fact that the Notifying Party has in vain submitted its request to the content provider or that the content provider could not be identified;
- confirmation by the Notifying Party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right;
- signature of the Notifying Party.
Claims can be sent to email@example.com.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL CONTENT THEREIN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT THEREIN. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED ON THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU AGREE THAT M-FILES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM OR OTHER LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM (I) THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE WEBSITE OR RELIANCE UPON THE WEBSITE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Any software downloadable through the website may be subject to software-specific terms set forth in an end user license agreement (“License Agreement”). You may not download, install or otherwise use any software accompanied with a License Agreement without first agreeing on the terms of the License Agreement.
Links to other sites
The Website may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content on the Website does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over and that we have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.
- Respect the privacy of other users of the Website;
- Not engage in unauthorized collection of users’ information; and
- Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, or any information that may otherwise be used to track, contact or impersonate another individual.
You agree to indemnify and hold M-Files (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
Termination of use
We reserve the right to discontinue offering the Website or to modify the Website at any time in our sole discretion. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Website at any time. In no event will we be liable for the removal of or disabling of access to the Website or any part thereof.
Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
The Website is operated and provided by Document Management Software, a Australian company with ABN number 59 092 406 445. If you have any questions about these Terms, please contact us at firstname.lastname@example.org or by calling 1300 965 720.