These Terms and Conditions apply to www.editshare.com and any other websites maintained by EditShare.  By using the site, you agree to our terms of use.  If you do not agree to these terms of use, do not use the site.  At EditShare’s sole discretion, these terms may be changed from time to time. Please check this section regularly to review the current terms and conditions.

Unless expressly permitted by EditShare, you may not copy or distribute any content from this site.  As long as you comply with these terms, EditShare grants you a non-exclusive, non-transferable, limited right to access and make reasonable use of this site and its content.

EditShare may add, change or remove any content posted on this site, including product or service features and specifications depicted on the site, at any time, without notice and without liability.

Ownership

This site and its content is the sole property of EditShare and is protected by copyright law.  Unauthorized use of and distribution of content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.  Unless explicitly stated, all EditShare software described on this site is the sole property of EditShare and the Terms of Use for the software can be found in the EULA (End User License Agreement) which forms part of the software installation and configuration.

User Contributions

If you contact EditShare via email or post to provide comments, content or other materials, EditShare will treat such materials as non-confidential and non-proprietary, unless such communications are within the bounds of an existing Non-Disclosure Agreement.  By posting such materials, you represent to EditShare and the other users of this site that you own the materials. You retain ownership of the materials you post, but you grant to EditShare a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use and commercialize any ideas, concepts, know-how or techniques contained in such materials in any way and for any purpose whatsoever.  EditShare shall have no obligation of any kind with respect to such materials and will be free to copy, use, modify, display and distribute the materials to others, without limitation.

User Conduct

You may not use the site to post or send any materials that (1) interfere with anyone else’s use of the site; (2) are “spam,” abusive, illegal, obscene or threatening in any way; (3) encourage anyone to break the law, or to breach their agreements with EditShare or third parties; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; (7) are advertising, surveys, or other commercial materials, except in those areas of the site where these materials are permitted; or (8) contain false or misleading statements of fact or descriptions of the origin of the material. 

Although EditShare does monitor and review forums, postings and other areas of the site, EditShare is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such postings or for any defamation, inaccuracy, libel, obscenity, or profanity contained in any such posting.  EditShare may edit or remove any user material or conversation that violates EditShare’s policies in any way. EditShare will fully cooperate with any law enforcement authorities or court order requesting or directing EditShare to disclose the identity of anyone posting such materials.

If an area of the site allows “private” sharing of User Materials, EditShare does not guarantee the security or privacy of such User Materials.

If you believe another user is violating these terms, particularly if you believe another user is inciting violence or affecting human dignity, please contact privacy@editshare.com. 

If you believe that any user material infringes your copyrights, please provide notification to copyright@editshare.com. 

Links

This site may contain links to other Internet sites.  EditShare provides such links for your convenience and is not responsible for the content of any website linked to or from this site.  Links to any other website do not mean that EditShare approves of, endorses, or recommends that website. EditShare disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Access and Interference

The site may contain measures to prevent or restrict access to the sites. You agree not to interfere or attempt to interfere with the proper working of the sites and not to bypass any such measures EditShare may use to prevent or restrict access to the sites.

Disclaimer of Warranty

The site is provided free of charge, and accordingly is provided “AS IS” and with all faults. Use the site at your own risk. EditShare makes no representations or warranties of any kind, either express or implied, with regard to the site. To the fullest extent permitted by law, EditShare disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.

Exclusion of Damages and Disclaimer of Liability

Except for liability for death or personal injury caused by EditShare’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, EditShare and its suppliers will not be liable for any damages, including lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages.

Without limiting the above limitation, this limitation specifically applies to:

• The addition, modification or removal of any content;
• Third party content and links to third party sites; and
• The security of information on the site, even if the information is in an area of the site designated as a “private” forum. It also applies even if EditShare knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Indemnification

You could be held liable if your use of the site is contrary to these terms, the Privacy Policy Policy, or the other terms referenced on this page. You agree to indemnify, defend, and hold EditShare harmless from and against any claims or liabilities arising out of your use of the site contrary to these terms.

General

If you are accessing the site in the United States, Massachusetts law governs the interpretation of these terms, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection and unfair competition laws.  If you are accessing the site outside of the United States, the laws of that country apply. These terms describe certain legal rights. You may have other rights under the laws of your state or country. These terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

These terms, EditShare’s Privacy Policy and the other terms referenced on this page, including those that are for specific areas of the site, constitute the entire agreement between the parties with respect to the site.

If any provision of these terms is legally invalid, these terms shall endure except for the invalid provision.  However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.