- "Site" means the LOGICPULL website used to upload and view Content in connection with the Service.
- "Application"" means the LogicPull Web Application and Editor for the browser software application
- "Content" means all PDF files, data, JSON, XML, text, images, and any other information or materials uploaded by or on behalf of you to the Site or the Application in connection with your use of the Service.
- "Service" means the server-based functionality that converts your Content into one or more proprietary documents
LICENSE TO USE
- Service. Subject to your compliance with the terms and conditions of this Agreement, LOGICPULL grants to you a non-exclusive, non-transferable, revocable right to access and use the Service upon registration. You can register by visiting the Site and clicking on the “sign up” button, or by downloading the Application and clicking the "sign up" button. During registration, you will provide an email address. You agree that LOGICPULL may use your Credentials to authenticate you on the Application or Site. You are responsible for all uses of the Application or Site using your Credentials, including use by others to whom you have given your Credentials. You, not LOGICPULL, shall be responsible for maintaining and protecting your Credentials and your Content. If your contact information, or other information relating to your account changes, you must notify LOGICPULL promptly and keep your information current. You are solely responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify LOGICPULL of any unauthorized use of your account or if your email or password has been hacked or stolen. If you discover that someone is using your password or account without your consent, or you discover any other breach of security, you agree to notify LOGICPULL immediately at email@example.com. LOGICPULL reserves the right to suspend or discontinue all or part of the Service at any time without prior notice.
- Application. Subject to the terms and conditions of this Agreement, LOGICPULL grants to you a non-exclusive, non-transferable, revocable license to install and use the Application solely to use the Service on any browser or other authorized mobile device (“Device”) that you own or control. You shall not modify, port, adapt or translate the Application software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application software.
- Restrictions. You acknowledge that LOGICPULL owns all right, title, and interest in the Service, the Application, the Site any other LOGICPULL software, and all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names related to the Service. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service, the Application or the Site and all rights not expressly granted are reserved by LOGICPULL.
Your Representations and Warranties Regarding Content. You represent and warrant that (a) you are the owner, licensor, or authorized user of all Content; and (b) you will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that:
- advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities
- infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or LOGICPULL, or any rights of publicity or privacy of any party
- attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate
- promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity
- is harmful to minors
- contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another
- violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising)
- Sharing Content. The Service provides features that allow you to share Content with others or to make it public. There are many things that users may do with that Content (including copying it, modifying it, re-sharing it). LOGICPULL has no responsibility for such activity. You should consider carefully what you choose to share or make public.
DISCLAIMER OF WARRANTIES
- You acknowledge that the Service and the Application rely on techniques that convert Content into document formats in order to attempt to render images more quickly and efficiently than do other formats. While LOGICPULL strives to ensure that its conversion techniques do not alter any part of the Content, it does not guarantee that no alteration will ever occur or that what is displayed in the Application or on its Site will at all times be a real-time exact rendering of the Content given the effect of short time delays associated with LOGICPULL’s conversion techniques. LOGICPULL is not responsible for the accuracy, completeness, appropriateness, or legality of the Content, files, user posts, or any other information you may be able to access using the Service. Ultimately it is your responsibility to check that your Content as displayed on the Site or the Application is an accurate rendering of your Content as originally uploaded.
- The service and the application are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. LOGICPULL shall not be responsible for any harm to your computer system, loss or corruption of data or content, or other harm that results from your access to or use of the site or application.
- To the full extent permitted by law, LOGICPULL, its affiliates, contractors, service providers, employees, agents, licensors, and any other party involved in creating, producing or delivering the service, the application, or the site disclaim all warranties and representations of any kind, express, implied, or statutory, including without limitation all warranties of merchantability, fitness for a particular purpose, accuracy, system integration or compatibility, workmanlike effort, lack of negligence, quiet enjoyment, and non-infringement. without limiting the foregoing, LOGICPULL does not warrant or represent that the service will be continuous, secure, reliable, accessible, uninterrupted or error-free, or that LOGICPULL’s servers, site or application are free of viruses or other harmful components, or that LOGICPULL’s security procedures and mechanisms will prevent the loss or alteration of or improper access to personal information by third parties.
- Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from province to province.
LIMITATION OF LIABILITY
- LOGICPULL shall not be liable to you or to any third party for any direct, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use the service or access content, loss of business, loss of profits, business interruptions, or the like), arising out of the use of, or inability to use, the service or the application or site and based on any theory of liability including statute, breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if LOGICPULL or its representatives have been advised of the possibility of such damages and even if an remedy set forth herein is found to have failed of its essential purpose
- LOGICPULL’s total liability to you for actual damages for any cause whatsoever will be limited to three times the amount you paid for the service, if any. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or an application must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Your use of the Site and the Application may entail third-party costs (such as phone and data connection charges or data plan costs). LOGICPULL disclaims any and all liability for such charges and costs.
- The limitations on liability in this Section are intended to apply to the warranties and disclaimers above and all other aspects of this Agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.
Prohibited Conduct. In connection with your access or use of the Service, you agree to comply with the following use restrictions. You agree not to misuse the LOGICPULL Services. For example, you must not, and must not attempt to, use the Site or Application to do the following things:
- probe, scan, or test the vulnerability of any system or network
- breach or otherwise circumvent any security or authentication measures
- access, tamper with, or use non-public areas of the Site or Application, shared areas of the Site or Application you have not been invited to, or LOGICPULL (or our service providers’) computer systems
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mailbombing any part of the Site or Application
- plant malware or otherwise use the Site or Application to distribute malware
- access or search the Site or Application by any means other than our publicly supported interfaces (for example, “scraping”)
- send unsolicited communications, promotions or advertisements, or spam
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- promote or advertise products or services other than your own without appropriate authorization
- impersonate or misrepresent your affiliation with any person or entity
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred
- violate the law in any way, or to violate the privacy of others, or to defame others
Content Monitoring. LOGICPULL may review Content for compliance with community guidelines but you acknowledge that LOGICPULL has no obligation to monitor any information on the Site or the Application. LOGICPULL does not generally monitor user activity occurring in connection with the Service and while LOGICPULL disclaims any responsibility to do so, it reserves the right to
If LOGICPULL becomes aware of any possible violations by you or any other provision of this Agreement, LOGICPULL reserves the right to investigate such violations, and LOGICPULL may, at its sole discretion, terminate your use of the Service or change, alter or remove Content, in whole or in part, without prior notice to you.
- screen, by mechanical means or otherwise, for objectionable information transmitted or shared by user on individualized portions of the Site or the Application
- monitor the Content and, if considered objectionable in LOGICPULL’s sole discretion, to remove Content and/or remove any portion of the Site or Application personalized by you, from the Site or Application at any time without notice
- Collection and Storage of Your Personal Information. By using the Service, you agree and acknowledge that personal information collected about you through the Site or the Application or in any way in connection with the Service may be transferred across national boundaries for storage or process to any of the countries around the world. This includes the location or the universally unique identifier of any Device you use to access the Application and their phone number(s).
- Communications from LOGICPULL. LOGICPULL may send to you service-related emails regarding the functionality or delivery of the Service.
- LOGICPULL respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), LOGICPULL will respond expeditiously to claims of copyright infringement committed using the Site and/or the Application if such claims are reported.