The Site is made available by OfficeWork are subject to this Policy. We reserve the right to update or make changes to this Policy from time to time in our sole discretion without prior notice, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Policy on the Site. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the bottom of this Policy. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site. If we learn that it has collected Personally Identifiable Information on a child under the age of 13, we will delete that data from its systems. We encourage parents and guardians to go online with their children.
1. What Types of Information Does OfficeWork Collect From Me?
OfficeWork gathers two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). Personally Identifiable Information is information that identifies a person as an individual, including without limitation, name, email address, postal or other physical address, telephone number, credit or debit card number (or other payment account number), title, occupation, and other information. Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal a person's specific identity. An IP Address is the Internet Protocol address of the computer that you are using.
b. Non-Personally Identifiable Information. When you visit and interact with the Site, OfficeWork and third parties with whom OfficeWork has contracted to provide services to OfficeWork may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from four different sources: (i) environmental variables, (ii) cookies, (iii) pixel tags and other similar technologies, and (iv) information that you voluntarily provide to us.
i. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most websites, and can be used to optimize your experience on the Site.
iii. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs," or similar means (collectively, "Pixel Tags") in connection with Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors' hard drives. Pixel Tags allow us to count users who have visited certain pages of the Sites, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
iv. Information That You Voluntarily Provide. OfficeWork also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. Such information constitutes Non-PII because, unless combined with PII, it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
c. IP Addresses. When you visit and interact with the Sites, OfficeWork and third parties with whom OfficeWork has contracted to provide services to OfficeWork may collect IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited.
2. How Does OfficeWork Use Information Collected From Me?
a. Personally Identifiable Information. We may use PII in the following ways:
i. Fulfillment of Requests.OfficeWork may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase).
ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
iii. Other Communications. From time to time, we may use PII about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see the "Opt-Out" section below.
iv. Purchases. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase.
v. Emails to Friends. We may provide functionality to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's email address so that we can facilitate your sending of such message to your friend.
vi. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about OfficeWork's use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.
vii. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.
b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify you, with Affiliated Entities and other third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined.
3. How Is Personally Identifiable Information Disclosed?
a. Third Party Service Providers. We work with third parties who provide services including but not limited to data analysis, payment processing, order fulfillment and other services of an administrative nature. We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to make a purchase through the Site, we may share your Payment Information or other PII with our third party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number or to ship products to you).
b. Sell or Rent Information. Except as explained in this Policy or in agreements with our customers, OfficeWork does not sell, rent, license or share PII of our customers with others outside the OfficeWork family of companies for non-OfficeWork purposes without your consent.
c. Affiliate Communications. From time to time, we may share PII about you with the Affiliated Entities to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. If you would prefer that we do not share your information with the Affiliated Entities for such Affiliated Entities' marketing purposes, please see the "Opt-Out" section below.
d. Emails to Friends. Please note that any PII you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your email address, will, of course, be disclosed to your friend.
e. Promotions. We reserve the right to share the PII you provide in connection with Promotions with third parties sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor's or other third parties' use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.
f. Profiles. We may provide functionality on the Site that allows you to create a "profile page" (your "Profile") and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII YOU DISCLOSE IN YOUR PROFILE.
g. Information Posted by Visitors. OfficeWork may make available through the Site services (for example, message boards, forums, chat functionality and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Site becomes public information, and may be available to visitors to the Site and to the general public. In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOUVOLUNTARILY DISCLOSE THROUGH THE SITE.
h. Assignment. We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of OfficeWork's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
i. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations or those of any Affiliated Entities; (f) to protect the rights, privacy, safety or property of OfficeWork, the Affiliated Entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
4. Other Important Notices Regarding Our Privacy Practices.
b. Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. Please note that these companies may use information (not including PII) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp
c. Consent to Transfer, Processing and Storage of PII.The Sites are operated in the United States of America. If you are located in the European Union, Canada, or elsewhere outside the United States of America, please be aware that any information you provide, including without limitation, PII, to us will be transferred to the United States of America. We may transfer your information to us in the United States of America or to third parties acting on our behalf, for the purposes of processing or storage, and by providing any information to us you fully understand and unambiguously consent to the transfer, processing and storage of such information in the United States of America.
d. Security. We seek to have security measures and tools (such as Firewalls, Digital SSL Certificates, Intrusion Detection Systems, and Database Encryption) in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 4.h ("Contacting Us") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
e. Opt-Out. If you do not wish to receive marketing-related emails from us, you may opt-out of receiving such marketing-related emails by following the unsubscribe instructions at the bottom of such marketing email or choosing to unsubscribe in the Email Lists or Newsletter.
If you would prefer that we do not share PII about you with Affiliated Entities for such Affiliated Entities' marketing purposes, you may opt-out from such sharing by emailing us at: email@example.com Put in the subject line of the OPT- OUT Please specify clearly in the email that you are opting out of allowing OfficeWork to share PII about you with OfficeWork Affiliated Entities (including its parent and subsidiaries) for their marketing purposes.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove PII about you from the databases of Affiliated Entities with which we have already shared PII about you (i.e., to which we have already provided PII about you as of the date on which we implement your opt-out request). If you wish to cease receiving marketing-related emails from such Affiliated Entities, please contact such Affiliated Entities directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
f. Changing or Suppressing PII about you. To the extent the laws of your country entitle you to review, correct, update or suppress PII about you that has been previously provided to us, you may exercise this right by logging in to your Profile or the Accounts area of the Site or by emailing us at: firstname.lastname@example.org. Put in the subject line of the OPT- OUT. For your protection, we will only implement such requests with respect to the PII associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.
In each event, you must clearly indicate the information that you wish to have changed, clearly indicate that you wish to have PII about you suppressed from our database or clearly indicate the limitations you wish to put on our use of PII about you.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared PII about you.
g. Retention Period. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law and/or regulations.
h. Jurisdictional Issues. The Site is hosted by either OfficeWork or a 3rd party hosting company from the United States, and is not intended to subject OfficeWork to the laws or jurisdiction of any state, country or territory other than that of the United States. OfficeWork does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any PII, you consent to the transfer of PII to other countries, such as the United States, which may provide a different level of data security than in your country of residence.
Attention: Legal Dept.
353 Bel Marin Keys Blvd. Suite 8
Novato, CA 94949
Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. Last Updated: September, 16 2013
Please read these Terms and Conditions (the "Agreement") carefully. Your use of the Site (as defined below) constitutes your agreement to this Agreement.
This Agreement is between you ("you") and OfficeWork Software, LLC. ("OfficeWork," "we," "us") concerning your use of the websites located at www.officeworksoftware.com, www.orgchartpro.com, www.orgchartforvisio.com, www.turboproject.com and www.orgchartsoftware.com (each, together with any successor site and all Services and Content (as defined below), a "Site").
1. Acceptance of Terms. The Site is made available by OfficeWork subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion without prior notice, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. Any changes to our Agreement will become effective upon our posting of the revised Agreement on the Site. Use of the Site following such changes constitutes your acceptance of the revised Agreement then in effect. When using any Services and Content (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services and Content, which are hereby incorporated by reference into this Agreement. By using the Site, you agree to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the Site.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates (collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Jurisdictional Issues. The Site is hosted by OfficeWork from the United States, and is not intended to subject OfficeWork to the laws or jurisdiction of any state, country or territory other than that of the United States. OfficeWork does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Description of the Services and Content. We provide users of the Site with access to certain content and services related to software products, which may include, without limitation: (a) services such as purchasing functionality, registration functionality, Promotions (as defined below), RSS feeds of news, profiles, forums, galleries, message boards, chat rooms, instant messaging, email profiles, tools, photos, videos, reviews, ratings and links to third party websites ("Services"); and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings, messages, software tutorials, software free trials, software updates and other similar content ("Content").
5. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 21 below. You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, abusive, destructive, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) a personal attack or retaliation for any personal attack or (f) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Any advertising or linking to any material and/or web sites that are age restricted.
- Any unacceptable images including depictions of rape, torture, and sexual, lewd or illegal acts.
- Any threats of physical harm, property damage or acts of violence toward another individual or group of individuals.
Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
Use the Site for any fraudulent or unlawful purpose.
Pay for items received from the Site with fraudulent credit cards or refuse to pay for items received from the Site.
Impersonate any person or entity, including without limitation any representative of OfficeWork; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without OfficeWork's express prior written consent.
Use the Site to solicit or trade any products illegally, including requests and/or distribution of computer software, software security overrides and serial numbers.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without OfficeWork's express prior written consent.
Create a database by systematically downloading and storing Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without OfficeWork's express prior written consent.
Additionally, you acknowledge and agree that you (and not OfficeWork) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
7. Products, Content and Specifications. Descriptions and images of, and references to, third-party products or services available in connection with the Site do not imply OfficeWork's endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. OfficeWork reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar Promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or Service. Refunds and exchanges will be subject to OfficeWork's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
8. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is complete and compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
If your purchase is downloadable, you will be able to download the downloadable purchase from the Site. OfficeWork does not guarantee availability of downloadable purchases after the first download or 30 days, whichever comes first. It is solely the responsibility of the purchaser to download and back up the purchased file. OfficeWork may make available for purchase an extended download service which will allow you to access downloadable purchases for up to two (2) years after purchase.
9. Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any user. We also may require verification of information prior to the acceptance and/or shipment of any order.
10. Registration; User Names and Passwords. You may be required to register with OfficeWork in order to access certain Services and Content or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions). You agree to immediately notify OfficeWork of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
11. Profiles and Forums. You may post certain information and materials on your "profile page" (your "Profile"). Further, we and/or our service providers may make available through the Site Services (for example, message boards, forums, chat rooms, instant messaging and comment and review functionality on the Site, among other Services) to which you are able to post information and materials (each, a "Forum").
Information contained in the Profiles and Forums may be provided by employees of OfficeWork and the Affiliated Entities, Content Providers, and third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. OfficeWork, the Affiliated Entities, the Content Providers and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, OfficeWork, the Affiliated Entities, the Content Providers and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for any information or materials made available through the Profiles and Forums (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials. Under no circumstances will OfficeWork, the Affiliated Entities, the Content Providers or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of OfficeWork.
In addition, OfficeWork, the Affiliated Entities, the Content Providers and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Profile or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK. Any information provided by you using these Services is considered public information. We strongly recommend that you exercise forethought and caution prior to disclosing any personal information while using these Services.
12. License. The provisions of this Section 12 shall apply unless a separate agreement has been entered into between you and OfficeWork concerning the subject matter of this Section 12. For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Profile or a Forum or otherwise through the Site (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you hereby grant to OfficeWork, the Affiliated Entities, the Content Providers and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services). We may amend and vary these license terms regarding Submissions from time to time as may be reasonable and subject to giving you notice of the changes.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
13. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect OfficeWork, the Affiliated Entities, the Content Providers and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
14. OfficeWork's Proprietary Rights. The Site is owned and operated by the OfficeWork in conjunction with others pursuant to contractual arrangements. The information and materials made available through the Site, including the Services and Content, are and shall remain the property of OfficeWork and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You acknowledge that these rights are valid and enforceable. Subject to your compliance with this Agreement, and solely for so long as you are permitted by OfficeWork to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by OfficeWork in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. You acknowledge that you do not acquire any ownership rights by using the Site or the information and materials available therein. Downloading Content does not constitute a transfer of property; it is an acquisition of the right to use the Content according to our Copyright Policy which you agree to by accepting this Terms of Service.
The copyright in all material provided on this site ("Site") is held by OfficeWork or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, translated, downloaded, displayed, posted, communicated to the public by telecommunication or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of OfficeWork or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without OfficeWork Software, Inc.'s permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All rights, title and interest not expressly granted are reserved.
The Trade names, trademarks, service marks, and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of OfficeWork. Such Trademarks include without limitation, the OfficeWork Software, Inc. logo, OrgChart Pro, OrgChart Professional, OrgChart for Visio, TurboProject, and any other Trademarks and logos listed on the site. All trademarks and service marks on the Site not owned by OfficeWork are the property of their respective owners and are used for identification purposes only. The trade names, trademarks and service marks owned by OfficeWork, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of OfficeWork's Trademarks without our express prior written consent. The OfficeWork aggressively enforces its intellectual property rights to the fullest extent of the law. The OfficeWork's Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site without express prior written consent.
15. Links. The Site may provide links to other web sites and online resources provided by third parties. Because OfficeWork has no control over such sites and resources, you acknowledge and agree that OfficeWork and the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such web sites or online resources, and OfficeWork and the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such web sites or online resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that OfficeWork and the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
OfficeWork shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
17. Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES AND CONTENT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, VALIDITY, RELIABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. OFFICEWORK AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICES AND CONTENT (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES AND CONTENT) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
18. LIMITATION OF LIABILITY. OFFICEWORK AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, OFFICEWORK AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY OFFICEWORK OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF OFFICEWORK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO OFFICEWORK TO ACCESS AND USE THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
19. Indemnity. You agree to defend, indemnify and hold harmless OfficeWork and the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
20. Termination. This Agreement is effective until terminated. OfficeWork, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if OfficeWork believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease and that OfficeWork may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that OfficeWork and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 6, 7, 9, 12, 14, 17-21, 23 and 25-27 shall survive any expiration or termination of this Agreement.
21. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in Marin County, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
22. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
23. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that OfficeWork does not endorse any of the products or services listed at such site.
24. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to:
OfficeWork Software LLC.
Attention: Legal Dept.
353 Bel Marin Keys Blvd. Suite 8
Novato, CA 94949
or by calling us at (415) 598-1573. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
25. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send OfficeWork a notice requesting that OfficeWork remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send OfficeWork a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
OfficeWork Software, Inc.
Attn: Finance: DMCA
353 Bel Marin Keys Blvd. Suite 8
Novato, CA 94949
By Email: firstname.lastname@example.org with the words "DMCA Complaint" in the subject line.We suggest that you consult your legal advisor before filing a notice or counter-notice.
26. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and OfficeWork. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and OfficeWork relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and OfficeWork relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in OfficeWork's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. OfficeWork will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Site © 2005-2013 OfficeWork Software, Inc. unless otherwise noted. All rights reserved.
Last Updated: September, 16 2013