Acceptance of the Terms of Service
Welcome to Docracy! (a.k.a. "we" or "us" or the "Company"). We are excited to have you as a very first user and beta tester. The following terms and conditions (collectively, these "Terms of Service") apply to your use of www.docracy.com, including any content, functionality and services offered on or via Docracy.com (the "Website").
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Docracy, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with some of the provisions herein, you can either leave the Website, or contact us at email@example.com. Docracy is all about collaborating for improving legal documents, and we'll be happy to hear your comments and suggestions and work out a better version of this agreement.
Changes to the Terms of Service and the Website
Docracy is in private beta version, meaning you can only access with a login account that we provide you, and meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. This document is public on Docracy, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
Accessing the Website,Security and Privacy
Again, since Docracy is a work in progress, we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. To access the Website you are provided with an user name, password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using Docracy in person. Please notify us if you forget the username and/or password or any breach of security. In the future, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and
complete. We use SSL encrypted browsing for all logged-in user, and we are currently working on implementing further security protections, but we do not guarantee that the Website is error free. We will not transmit your data to any third party, except, in anonymous form, to Google Analytics and Kissmetrics, which we currently use to gain information about users and improve our Website (please refer to the Terms and Privacy Policies of the respective services for more information). We will not email you, except for Company communications related to the beta test program. You can always ask for your data to be removed and your account terminated by writing to firstname.lastname@example.org.
As custom for internet websites, we reserve the right to change your login information or disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.
"This is not an NDA" clause
You are allowed to publicly talk and write about Docracy and the Website, albeit yeu aknowledge that the service and the Website are in beta and everything is subject to change. For this reason, we kindly ask you to restrain from publishing full reviews, public tests, screenshots or anything else that might unfaithfully represent Docracy. We trust your judgment and discretion in helping us develop and spread Docracy to the world!
Intellectual Property Rights and Use of Website. The Website and its entire content, features and functionality (including look!), are owned by the Docracy and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes related to your role as a Docracy early user, or prospective customer of Docracy. You may use the Website only for lawful purposes and in accordance with these Terms of Service. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
Docracy is about copying, branching and modify documents, not Website, design or code. So you will not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of the material on our site, except to the extent allowed by the Website itself. If you have doubts about weather and how to use of material on the Website, please address your concerns to: email@example.com
User Contributions and Legal Disclaimer
The Website contains user generated content, and also may contain (in the future) message boards,personal web pages or profiles, forums or other interactive features (collectively, "Interactive Services") that allow you to upload, post, submit, publish, display or transmit to other users content or materials (collectively, "User Content") on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware.
We claim no intellectual property rights over the User Content. Your materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view, comment, edit and branch your Content, and you grant us the right to use, copy, distribute and disclose to third parties any material for any purpose. You represent and warrant that you own or control all rights of the User Content, including the right to grant us the aforementioned rights. You represent and warrant that all of your User Content do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty. In any event, we reserve the right to remove any User Content in our sole discretion. Any feedback, comments, or suggestions you may provide regarding Docracy will be free for us to use without any obligation to you.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Docracy, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, other than the content provided by the Company itself, are solely the opinions and the responsibility of the person or entity submitting them and do not reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. In particular, User Content is not intended to be legal advice or form an attorney-client relationship, nor among the users, nor between the users and Docracy.Use of the Website should never be understood to be replacing use of a qualified attorney, and Docracy's relationship to all documents and transactions completed using the Website is that of a trusted, disinterested third party.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to fully
cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please email us at firstname.lastname@example.org for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers, and we are in the process of setting up a DMCA compliant process for managing cases of infringment.
Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Docracy is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is in beta test version only and is not error or bug free, you agree that you will use it carefully and avoid unisng it ways which might result in any loss of your or any third party's property or information.
For now, we provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Docracy and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at email@example.com