Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the "Services"). AFICE Software Co. ("AFICE", "Digital Forest Media", "DFM", "we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this AFICE Services Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and AFICE. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
Digital Forest Media (DFM) furnishes the Services (as defined below) for your personal enjoyment and entertainment. By using any Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. DFM may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Service. All material modifications will apply prospectively only. Your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. DFM may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help DFM manage and provide the Services.
The Services are intended solely for your personal and non-commercial use. DFM may change, suspend or discontinue the part or all of the Services (or any feature thereof) at any time. DFM may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which DFM may undertake from time to time; or (iii) causes beyond the control of DFM or which are not reasonably foreseeable by DFM.
Unless terminated by DFM in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a message to DFM using the Contact Us page. (ii) send us an email with your request to delete your account to dfconnect@digitalforest.media.
DFM may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or DFM, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access the DFM Services without DFM ' prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.
You acknowledge that DFM reserves the right to charge a fee for any portion of the Services. DFM will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if DFM suspends or terminates your account, and/or access to any Service (or any portion of the Services), due to your breach of this Agreement or violation of Applicable Law, as determined by DFM, in its sole discretion.
In connection with a purchase of any Services feature, subscription (including any premium subscription) or product, through any Service you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party selected by, but not affiliated with, DFM (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, use and transmission of your Personal Financial Information and any payment obligations for DFM Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of an DFM Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor. You must be 18 years of age or older to purchase an DFM Product.
If you purchase certain subscription based DFM Products, your subscription will be automatically renewed and the credit or debit card you provided to the Processor for such DFM Product will be charged per the billing cycle of your subscription (e.g., 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of DFM or the Processor, for a substantially similar subscription.
DFM makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an DFM Product with the Processor. DFM provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, DFM will in no way be responsible or liable to you for any such data breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of DFM, and DFM Affiliates and their licensors and assignors ("DFM Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. DFM Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and DFM, DFM, its licensors, or its assignors, own and retain all rights in the DFM Content and Services. DFM hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the DFM Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.
Except as explicitly and expressly permitted by DFM or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the DFM Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the DFM Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the DFM Content, including geo-filtering mechanisms. Except as necessary in order to make reference to DFM or Services in a purely descriptive capacity, you are expressly prohibited from using any DFM Content in any manner.
You may not, without the DFM's written permission, “mirror” any DFM Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. DFM reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
DFM reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that DFM does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. DFM assumes no responsibility or liability for any User Content. If you become aware of any misuse of the Services, please report this immediately to dfconnect@digitalforest.media.
DFM assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, DFM chooses in its sole discretion to monitor the Services, DFM nonetheless assumes no responsibility for Content other than DFM Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the Services to:
DFM reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by DFM, or for any other reason in DFM’ sole discretion and without notice to you. You acknowledge that DFM reserves the right to investigate and take appropriate legal action against anyone who, in DFM' sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that DFM may access, preserve or disclose information you provide to or through the Services or that we have collected about you, including registration information and User Content, when DFM has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of DFM, our parents, subsidiaries or affiliates (“DFM Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If DFM sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, DFM may transfer your information to the party or parties involved in the transaction as part of that transaction.
DFM reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and DFM assumes no responsibility for any loss of your User Content due to it being removed by DFM or for any other reason.
DFM may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, "Forums"), which may be open to the public generally, to all members of Services or to a select group of Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. DFM reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in DFM' sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Services, including the Forums or otherwise.
The Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services"). When you engage with a Third-Party Service, you are interacting with the third-party, not with DFM. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. DFM is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement of the Third-Party Service. DFM is not responsible for the content or practices of any websites other than the Services that link to this Agreement, even if the website links to the NG Service and even if it is operated by a NG Affiliate or a company otherwise connected with DFM. By using the Services, you acknowledge and agree that DFM is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Services. When you access Third-Party Services, you do so at your own risk. DFM encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any Service, you must contact and obtain consent from the applicable Service by sending an email to dfconnect@digitalforest.media. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of DFM, including its respective employees, agents, directors, officers or shareholders.
Sweepstakes, contests, games and other promotions run on the Services by DFM may require you to provide some information such as full name, zip code, e-mail address, and phone number, in order to participate. DFM may use a reputable third-party, selected by, but not affiliated with DFM, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. DFM requires proof of age in order for an individual to collect any prizes awarded.
You are solely responsible for your interactions with other DFM users and visitors, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the Services. DFM reserves the right, but has no obligation, to become involved in any way with these disputes.
You agree to indemnify and hold DFM, its DFM Affiliates, and DFM subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Services.
DFM may, from time to time, post DFM employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to DFM in response to employment listings, you are authorizing DFM to utilize this information for all lawful and legitimate hiring and employment purposes. DFM also reserves the right, at its sole discretion, to forward the information you submit, to its DFM Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by DFM to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that DFM will review any or all of the information submitted to it by users of the Services.
The failure of DFM to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the DFM may be required by Applicable Law to send to you will be effective upon DFM sending an e-mail message to the e-mail address you have on file with DFM or publishing such notices on the informational page(s) of Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DFM as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits DFM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.
If you would like to contact any Service with any questions regarding this Agreement, please contact us at dfconnect@digitalforest.media.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.