1. DESCRIPTION OF PRODUCT
Live Documents allows individuals and organizations to securely create, edit, share and manage their documents on the desktop or on the browser thereby improving personal productivity and communication with employees, partners, customers and prospects.
To use the Product, You must submit a complete registration, (the "Registration Form"), on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If InstaColl discovers that any of Your Registration Data is inaccurate, incomplete or not current, InstaColl may terminate Your right to access and receive the Product immediately upon notice. InstaColl will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. InstaColl may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. InstaColl reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. InstaColl need not provide a reason for its rejection. If InstaColl rejects Your application, then You may reapply and InstaColl will reconsider the application. Upon acceptance of this agreement and completion of the registration process You will have opened an account with InstaColl and will become a subscriber to the Live Documents Service.
(a) Description of Service. Live Documents allows the registered user to easily create, edit and, share documents on the desktop or in the browser, thereby improving personal productivity and communication with employees, partners, customers and prospects.
(b) Fees and Payments. The basic version of the Product is offered on a "free-to-use" basis to users. InstaColl reserves the right to discontinue or modify this free service at any point of time in the future. In addition, paid versions of the service and software are available - details of these plans can be seen on the Live Documents website reference above.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, any downloadable plug-in or other materials or any information obtained by You without the express written consent of InstaColl.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Product. InstaColl does, however, reserve the right to take any action with respect to the Product that InstaColl deems necessary or appropriate in InstaColl's sole discretion if InstaColl believes You or Your transmissions or use of the Product may create liability for InstaColl. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product.
(c) Proprietary Rights. In accordance with Your authorized use of the Product, InstaColl grants You a limited license to use the plug-in solely in connection with the Product offered by InstaColl. You acknowledge that the plug-in downloaded in connection with the Product is proprietary to InstaColl and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this plug-in as expressly authorized by the Product and these Terms.
Decompilation Prohibition: You can't do anything that "attempts to decompile, disassemble, reverse engineer, or derive the source code for any software product provided by us to you in object code format only;
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to email@example.com for assistance.
Further, Live Documents and the Live Documents logo, InstaColl and the InstaColl logo, and other names, logos, icons and marks identifying InstaColl's products and services are trademarks of InstaColl and may not be used without the prior written permission of InstaColl. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of this plug-in without expressly being authorized to do so by InstaColl. If You are not the purchaser of the software license from InstaColl, you are not authorized to install or otherwise use the software or services to host meetings. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the plug-in. All rights not expressly granted in these Terms are reserved to InstaColl.
(d) Third Party Rights. InstaColl acknowledges that following trade names mentioned in this website - Microsoft, Windows, Word, Excel, Office and the logos for each of these - are trademarks or registered trademarks and the property of Microsoft Corporation in the United States and/or other countries. The use of these names, in no way, signifies any endorsement of InstaColl by Microsoft. InstaColl does not make any guarantee related to any Microsoft software used in conjunction with the InstaColl product.
All other company/product names and service marks may be trademarks or registered trademarks of their respective companies.
InstaColl may amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.live-documents.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to InstaColl. You are responsible for regularly reviewing the http://www.live-documents.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, InstaColl reserves the right to modify or discontinue the Product with or without notice to You. InstaColl shall not be liable to You or any third party should InstaColl exercise its right to modify or discontinue the Product.
7. PASSWORD AND SECURITY
As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify InstaColl of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.
InstaColl may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) InstaColl is unable to verify or authenticate any information You provide to InstaColl; (c) such information is inaccurate; or (d) InstaColl decides, in its sole discretion, to discontinue offering the Product. InstaColl shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to InstaColl. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify InstaColl of termination. Upon termination of membership, Your right to use the Product immediately ceases.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. INSTACOLL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSTACOLL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES INSTACOLL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTACOLL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL INSTACOLL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF INSTACOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INSTACOLL'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $5. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree, at Your expense, to indemnify, defend and hold InstaColl harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against InstaColl arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
12. GENERAL TERMS
These Terms are governed in all respects by the laws of the State of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Mountain View, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. InstaColl's failure to act with respect to a breach by You does not waive InstaColl's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. InstaColl shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond InstaColl's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.