Terms of Use
Terms of Use of the Octopz Website
Welcome to www.octopz.com which is owned and operated by Octopz Inc. ("Octopz", "we", "our" "us"). Please read these Terms of Use carefully before accessing or using the Site.
Acceptance of Terms
By accessing or using this Site you accept and agree to be bound by these Terms of Use and any changes that may be made from time to time. In addition, when using particular products or services on the Site, you may be subject to any posted user agreements, rules and/or guidelines applicable to such products and services, all of which are incorporated herein by reference. If you do not agree with all or any part of these Terms of Use, do not access or use the Site.
We reserve the right to change these Terms of Use without notice to you from time to time in our sole discretion. Your continued access to or use of this Site constitutes your agreement and acceptance of the changes. Please regularly visit this page of our Site. Any changes shall be effective once the revised Terms of Use have been posted on the Site.
The Site
Octopz Inc. makes this website and all the content contained therein available for potential purchasers and users of its Collaboration Software, which enables shared file viewing among a specified group of users for concurrent markup and comments to the file. Materials posted by users in a specified group in connection with such file-sharing viewing services are referred to collectively as "Shared Content". The viewing of Shared Content takes place in a collaboration session. Each collaboration session takes place in a virtual meeting environment called a "Room". Each collaboration session is hosted on our servers. The group of users among whom Shared Content is viewed in a collaboration session is referred to herein as a "Collaborating Group".
Intellectual Property
The Site, including the selection, coordination and arrangement of information and content of the Site, is protected by copyrights, trademarks, patents, trade secrets and other intellectual and proprietary rights ("Intellectual Property Rights") and any unauthorized use of the Site may violate such intellectual property laws and these Terms of Use. Except as expressly provided herein, Octopz does not grant any express or implied rights to use the Site or the content therein. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site any portions of the Site or the selection and arrangement of the Site, except as expressly authorized herein.
In addition, you agree not to use any computer code, data mining software, robots, or other similar automatic or manual data gathering and extraction device. You agree not to engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.
All trade marks, trade names or service marks posted on this Stie are the property of Octopz unless otherwise stated. You agree not to use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trade marks, trade names or service marks, without the express prior written permission of Octopz Inc. or the owner of such trade marks, trade names or service marks.
Use of the Octopz Site and the Contents Therein
Except as otherwise indicated in these Terms of Use, you may view, download, and print content available on this Site subject to the following conditions: (1) the content may be accessed and used solely for personal, information, non-commercial and internal purposes; (2) the content may not be modified or altered in any way; (3) the content may not be distributed or sold, rented, leased, licensed or otherwise made available to others; (4) you may not remove any copyright or other proprietary notices contained in the content; (5) you may not copy or distribute any graphics apart from their accompanying text; and (6) you will not quote or display any content or any portions thereof, out of context.
Octopz reserves the right to revoke the authorization to view, download and print content available via this Site at any time, and any such use shall be discontinued immediately upon notice from Octopz.
The rights granted to you constitute a license and do not effect a transfer of title.
Octopz content comprising the Collaboration Software is subject to the additional provisions set forth in the Octopz User Agreement.
Any Octopz content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
Any Octopz content acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such Octopz content shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or any of the terms and conditions of these Terms of Use.
Use of Octopz content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Registration and Security
If you subscribe to our Collaboration Software you will be required to complete the designated registration form. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. You must also choose a user name and password. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of or access to The Room assigned to you or any other breach of security, you shall notify Octopz immediately.
Access to and Use of Shared Content in the "Rooms"
The members of a Collaborating Group authorized to access a Room may use the Shared Content available in such Room in any manner that has been agreed upon by the user providing such Shared Content. It is your sole responsibility to discuss with other users who are authorized to access a Room and determine what limitations, if any, are placed on your use of the Shared Content distributed within the Room. If you obtain access to materials created or used by others in a Room to which you do not have authorized access, you have no right to use such materials in any way. You also acknowledge and agree that Octopz has no liability of any kind should members of your Collaborating Group modify, destroy, corrupt, copy or distribute your Shared Content, or violate these Terms of Use or other limitations that you may impose on the use of your Shared Content.
Since access to a Room and your Shared Content is password-restricted access, then by accessing or using the Collaboration Software and this Site and by setting up a password-restricted Room, you consent to Octopz displaying such information via the Site and the Collaboration Software and accept all risks of unauthorized access to such information.
You are solely and entirely responsible for all of your Shared Content that you post or otherwise submit via the Site. You assume all risks associated with the use of your Shared Content including any reliance on the accuracy, completeness or usefulness of your Shared Content. Octopz does not guarantee the accuracy, integrity or quality of your Shared Content.
Restriction and Termination of Use
We may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Collaboration Software, any Room, or any Services and Materials at any time in our sole discretion, without prior notice or liability to you, subject to any other agreement between you and Octopz.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all.
User Comments, Feedback and Other Submissions
By submitting or sending comments, feedback, bug reports, piracy reports, product suggestions, or other material or information ("Submissions"), you grant Octopz and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Submissions, with or without having your name attached to them, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Octopz is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You also represent and warrant that any Submissions are original to you and that no other party has any rights to the Submissions. You also waive any "moral rights" in any Submissions. You also acknowledge and agree that Octopz shall not be liable for any failure to store Submissions on the Site or in any other location or form at any time. You also acknowledge the Octopz has no obligation to review, acknowledge or act on any Submission.
Disclaimer of Warranties and Liability
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OCTOPZ DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE DO NOT REPRESENT, WARRANT OR ACCEPT ANY CONDITION THAT THE SITE AND ANY CONTENT AVAILABLE ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE FOR ANY PURPOSE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, UNAVAILABLITY OR INCOMPATIBILITY OF ANY SOFTWARE PROVIDED BY ANYONE OTHER THAN OCTOPZ, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES. ACCORDINGLY, THE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OCTOPZ, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS, SUPPLIERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHETHER ARISING UNDER BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold Octopz and its officers, directors, shareholders, employees, partners, suppliers, agents or representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) any materials, including Shared Content and Submissions, that you may submit, post to or transmit through the Site (including a third party's use of or reliance upon the accuracy, completeness or usefulness of any materials; (b) your access to or use of the Site (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site); (c) your connection to the Site; (d) your violation of the Terms of Use; (e) the actions of any member of any Collaborating Group of which you, or any person associated with you, is a member; (f) your violation or infringement of any rights of any third party, including Intellectual Property Right; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties via the Site.
Links
Our Site may contain links to other web sites. Please be aware that we are not responsible for the privacy practices of such other web sites. We encourage our users to be aware that when they leave our Site to read the privacy statements of each Site they visit. While we carefully choose the web sites to which we link, this privacy policy applies solely to information collected on the www.octopz.com site.
Applicable Law
These Terms or Use are governed by and will be construed in accordance with the laws of Canada and the Province of Ontario as applicable therein without regard to conflict of law jurisprudence. Any disputes arising under or in connection with these Terms of Use, or your access or use of the Site shall be subject to the exclusive jurisdiction of the Federal Court of Canada or the courts of the Province of Ontario. In the first instance, any application, action or proceeding relating to the subject matter of these Terms of Use or otherwise arising between you and Octopz shall be brought in these courts in the City of Toronto, Ontario.
Copyright Act Agent
We respect the Intellectual Property Rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Octopz Inc.
35 Oak Street,
Toronto, ON M9N 1A1
E-mail: click here
Privacy Policy
We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms of Use. By using the Site, you agree to the Privacy Policy.
Language
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Comments
If you have any comments or questions about or Site please contact our customer service department by clicking here.
Operator Notices
The Site is owned and operated by Octopz Inc. All formal notices to us shall be sent to Attn: TBD. All notices to you shall be sent to the email address that you provide to us when you register. Such notice shall be deemed given one business day after the email is sent.