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DOCSTOC®, INC.

Online Community Terms of Use / End User License Agreement

Welcome to the DocStoc®, Inc. and/or its subsidiaries and affiliates (collectively referred to as “DocStoc”, “we”, “us” or “our”) Online Community. These Terms of Use and any web pages that display a direct link to these Terms of Use (collectively the “Site”), provide information and services to you as a forum member and are available to all individuals and entities, (“you”, “your”, “Users"). These Terms of Use also govern your participation in any event hosted or sponsored by DocStoc (each an “Event”).
General

You acknowledge that the Terms of Use together with DocStoc’s Privacy Statement (collectively the "Terms"), govern your use of the Site and participation in an Event. You may access our Privacy Statement by clicking on the Privacy link on the Site. Your access to the Site or participation in an Event in any way is evidence of your acceptance of the Terms and the enforcement of said Terms, so before using the Site or participating in an Event, please carefully read these Terms. If you do not agree to these terms and conditions, please do not contribute Postings. However, you may read the content on the Site.

DocStoc reserves the right, in its sole discretion, to modify the Terms at any time effective upon posting of the modified Terms on the Site, without notice to you. DocStoc also reserves the right to waive or modify any of these Terms as they apply to a specific Posting or member without affecting the application of these Terms to all other Postings and members. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. "Postings" means, but is not limited to, any text, links, images, content, communications, opinions, software, data, and any other content any person provides on the Site or during an Event that may be posted by DocStoc on the Site, including, but not limited to message boards, chats (discussion forums) blogs, audio and/or podcasts, live or recorded video and audio transmissions, video blogs, news groups, personal web pages, wiki pages and/or other message or communication facilities designed to enable you to communicate with others.

As described below, Users who violate the Terms may be banned permanently from posting or otherwise participating within or accessing the Site.

Your Privacy and Personal Information.

You can view DocStoc’s Privacy Statement provided with the DocStoc Site and on any DocStoc Platform for the DocStoc Site. You agree to the applicable DocStoc Privacy Statement, and any changes published by DocStoc. You agree that DocStoc may use and maintain your data according to the DocStoc Privacy Statement. You give DocStoc permission to combine information you enter or upload for the DocStoc Site with that of other users of the DocStoc Site. For example, this means that DocStoc may use your and other users’ non-identifiable, aggregated data to improve the DocStoc Site or to design promotions and provide ways for you to compare business practices with other users. DocStoc may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

Communication Choices.

DocStoc may be required by law to send you communications about the DocStoc Site, services, products or Third Party Products. You agree that DocStoc may send these communications to you via email, by posting them on the Site or one of our sponsored websites. We may also send business communications such as confirmations or notices that will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing. Please review the Privacy Statement or follow instructions on the communication.

From time to time we may communicate with you personally concerning your participation on the Site or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications on the Site or elsewhere on the Internet.

Personal Use.

DocStoc grants you permission to access and use the Site for your personal, non-commercial use. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of DocStoc. Your permission to use the Site does not include any resale or commercial use of the Site or its contents whether provided by DocStoc or registered Users contributing content in message boards, chats, blogs, wikis or other consumer-generated-content tool; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, transfer, sell or otherwise exploit any of the content, software, products or services on this site for any commercial purpose. By using the Site, you warrant to DocStoc that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.

In order to submit Postings or set personal preferences for use on the Site, you must complete the registration process. As part of the registration process, you are required to select and use only one username. You can register a second user name, if you like, but your original Postings will only be associated with your first user name. The information that you supply during the registration process must be accurate and complete and you agree not to (i) register under the name of another person; (ii) choose a user name that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; (iv) choose a user name that incorporates a solicitation (e.g., yoursitedotcom, yourproduct, yourservices); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any DocStoc employee, Officer or Director.

You are entirely responsible for maintaining the confidentiality of your username and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DocStoc immediately of any unauthorized use of your account or any other breach of security. DocStoc will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DocStoc or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.

You must maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.

If, after investigation, DocStoc has reasonable grounds to suspect that any User's information is untrue, inaccurate, not current or incomplete, DocStoc may suspend or terminate that User's account and prohibit any and all current or future use of the Site (or any portion thereof) by that User other than as expressly provided herein.

Keeping Personal Information Private.

Always use caution when giving out any personally identifiable information about yourself in any Postings. Any Postings that you place on the Site can be obtained and used by others. DocStoc does not control or endorse the content, messages or information found in any Postings on the Site. DocStoc specifically disclaims any responsibility or liability with regard to the Postings and any actions resulting from your participation in any Postings on the Site.

DocStoc provides discussion forums and other community-oriented features that enable forum members to communicate with other members. To participate in the forum, we require you to register. We recommend that you exercise discretion in posting personal information on these message boards. Any information you provide is accessible by other users. We also have many places where users can provide feedback and suggestions. It is optional to provide your personal information. These submissions are not confidential or proprietary, and we may publish this information in a way that identifies you personally.

DocStoc reserves the right, in its sole discretion, to edit or remove any Postings on the Site containing phone numbers, street or email addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains.

Content and User Generated Content Management.

DocStoc has no obligation to monitor Postings or other materials. However, Site Moderators (Hosts) may monitor the Site’s Postings. Site Moderators do not pre-screen Postings, monitor on a "real time" basis or edit Postings made to the site. As a User, you may see content that is offensive or objectionable. Each User must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content to the Site by sending an email to the email address support@docstoc.com

Users may include hypertext links in Postings to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, would not violate the Terms. DocStoc exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon.

Clicking on links to such sites is done so at the User’s own risk. DocStoc and the Site staff reserves the right to review any Postings and to remove or refuse to remove or post any Postings in its sole discretion. You understand that the content within the Site is based on individual opinion and experience, which may vary significantly from one person to the next. DocStoc does not endorse or guarantee the accuracy of any Posting or other content on the Site. You agree that DocStoc is not responsible for the accuracy of the content of the Site and will not be liable for any damages incurred as a result of the submission or use of any such content.

DocStoc may freely use Postings and feedback you provide.

By submitting ideas, testimonials, opinions, suggestions, Postings or any other material to the Site either directly or through participation in an Event and in any way, including in future modifications of the Site, products or services, advertising or marketing materials. You grant DocStoc a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the Feedback and Postings you provide to DocStoc in any way. DocStoc will not sell, publish or share your Feedback in a way that could identify you without your explicit permission. You agree that DocStoc may publish your name in connection with your Postings. By submitting Feedback and Postings, or any other material to the Site you agree that DocStoc will treat such submissions as non-confidential, that DocStoc can use such submissions without any compensation to you or to any other person or entity, and that DocStoc may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such submissions from you. You also agree that you are free to provide your opinion or suggestion to us.

By placing Postings on the Site, you warrant and represent that you own or otherwise control all of the rights to your Postings as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, or submit the Posting.

By submitting a Posting that contains photographs, images, pictures or that are otherwise graphical in whole or in part (“Images”) you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you grant DocStoc and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers and other such parties as DocStoc may designate from time to time, a non-exclusive, world-wide, perpetual, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Site, in any manner and in any media, for any purpose, as long as such use relates to DocStoc branded software and/or services.

Moderators.

DocStoc reserves the right to manage the Postings on the Site in order to facilitate the orderly distribution of information through the Site. For that purpose, DocStoc may at its election designate DocStoc employees and/or outside entities to act as Moderators for the Site. The Moderators are not obligated to review all Postings, nor do they edit Postings. You assume the risk of reading and acting upon information from any Postings made by a Moderator or other individual within the Site.

Moderators are the only authorized representatives of DocStoc on the Site. Any Postings by an DocStoc employee, other than those designated as Moderators, are those of such employee and do not represent the ideas and opinions of DocStoc. DocStoc does not endorse and is not responsible for any Postings provided by any DocStoc employee who is not designated as a Moderator.

Member Conduct.

The Site welcomes all points of view on innovation, business and practices. Please respect and interact with other Users as you would in any public arena. If you wish to take issue with the statements of other Users, please engage in healthy, mature debate and not immature behavior or name-calling. We want to maintain an inviting and friendly environment for all visitors and members. Disruptive conduct, such as off-topic comments in a topic-oriented discussion, is not allowed. Neither is "spam" (Postings made in multiple places throughout the Site).

Profanity, Harassment and Other Inappropriate Conduct

You will not submit Postings that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory, or any material that interferes with the ability of others to enjoy or utilize the Site. We do not tolerate harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.

Illegal and Objectionable Activities.

DocStoc does not allow the promotion of illegal conduct, activities or fraudulent schemes in the Site. Specifically, you may not advocate illegal conduct, such as money laundering, tax evasion, pyramid schemes, etc. Furthermore, you agree to not engage in any illegal activity in connection with your Postings or post links to other web sites that deal with such illegal activities. You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Promotions and Solicitations

You agree that, except with DocStoc's prior consent, you will not (either in your Postings or in your profile) solicit or promote any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method. You agree to not gather public email addresses made public in the User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site. You agree that you will not use the Site to solicit or promote surveys, contests, chain letters, junk email, or any duplicative or unsolicited messages (commercial or otherwise).

Rights of Third Parties

You may not submit Postings, including forms, software, derivative works of software or property, photos or images, that infringe in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Postings for Users to access copyrighted material for informational purposes -- but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.

You may not submit Postings that contain personally identifiable information about you or other people, such as their phone numbers, street addresses or email addresses, or information about other people that could result in an invasion of privacy or harassment.

No Unlawful or Prohibited Use.

You agree that, except with DocStoc's prior consent, you will not (either in your Postings or in your profile) solicit or promote any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method. You agree to not gather public email addresses made public in the User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site. You agree that you will not use the Site to solicit or promote surveys, contests, chain letters, junk email, or any duplicative or unsolicited messages (commercial or otherwise).

Termination of Membership.

Your privilege to use or access the Site may be terminated by DocStoc immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that DocStoc reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that DocStoc may exercise this right in its sole discretion.

Disclaimer of Warranties and Limitation of Liability.

MOST OF THE CONTENT POSTED TO THE SITE IS PROVIDED BY USERS NOT AFFILIATED WITH DOCSTOC. SUCH USER CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT DOCSTOC DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS USER CONTENT. ADDITIONALLY, YOU AGREE THAT DOCSTOC IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD DOCSTOC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY USER RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

THE CONTENT ON THE SITE IS "AS IS" AND CARRIES NO WARRANTIES. DOCSTOC AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. DOCSTOC AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR THEFT OR DESTRUCTION, USE OF THE SITE WILL BE UNINTERRUPTED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT AND YOUR USE OF THE SITE. DOCSTOC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. SUCH CONTENT OF USERS ARE THE OPINIONS OF SUCH USERS AND YOU AGREE THAT SUCH OPINIONS ARE NOT THE OPINIONS OF DOCSTOC.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCSTOC AND AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF DOCSTOC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOCSTOC AND YOU. DOCSTOC WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE WITHOUT SUCH LIMITATIONS.

Miscellaneous

The Terms are a complete statement of the agreement between you and DocStoc, and set forth the entire liability of DocStoc and your exclusive remedy with respect to your access and use of this service. In the event of a conflict between these Terms of Use and either the applicable DocStoc Privacy Statement or the Terms of Service applicable to the Site, these Terms of Use shall prevail with regard to this service. The agents and employees of DocStoc are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on DocStoc. Any waiver of the terms herein by DocStoc must be in a writing signed by an authorized officer of DocStoc and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that DocStoc may have under trade secret, copyright, patent or other laws. DocStoc reserves the right at all times to disclose any information as DocStoc deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DocStoc's sole discretion.

YOU ARE USING THE SITE AT YOUR OWN RISK.

We are not responsible for the content on the Site. You should not rely on any information provided on the Site, but seek professional support and consulting services. DocStoc reserves the right to delete, modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, including any Postings at any time with or without notice. DOCSTOC PROVIDES THE SITE “AS IS,” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS, AND DOCSTOC DISCLAIMS ANY IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL DOCSTOC BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

CONTRIBUTE ONLY PERMISSABLE CONTENT

You shall not contribute or edit any information, unless you:

FREE CONTENT LICENSE TERMS

You irrevocably grant a non-exclusive, perpetual, worldwide, unlimited, royalty-free, sublicenseable, transferable, assignable license, without a right to ever terminate such license, to DocStoc to copy, modify, distribute, publish and otherwise use and commercialize your edits and other contributions in any manner now known or in the future discovered. You are free to refrain from ever submitting any contributions. If you decide to submit contributions, you remain free to continue to use them otherwise as if you had never submitted them to the Site. However, you cannot terminate this license once You have submitted contributions to the Site.

To the extent permitted by our licensors, we grant you a non-exclusive, worldwide, limited, royalty-free, non-sublicenseable, non-transferable license to all content published at the Site, which is subject to the following conditions and to your contractual agreement to refrain from using any content published at the Site beyond the scope of this license:

The license granted herein may be terminated by DocStoc immediately and without notice if we determine, in our reasonable discretion, that You are excessively using content published on this Site for commercial purposes (e.g., without limitation, by publishing significant portions of the content on this Site in books or websites that You make available only for a charge, or by deep-linking to portions of this Site from a commercial website), or you fail to comply with any other term or condition of these Terms. Upon termination of the license, You shall cease to commercialize or otherwise use any content published on the Site (except content that You contributed Yourself, without any edits contributed by others). If you are concerned about such a potential termination, please notify us of any contemplated commercial use of this Site and obtain our prior written permission, which we may grant or deny at our sole discretion.

Last updated:07/21/2014