PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "SIGN UP" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY GLIFFY SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN.
The Web pages available at www.gliffy.com, and all linked pages ("Site"), are owned and operated by Gliffy, Inc. ("Gliffy"), and are accessed by you ("User") under the following terms and conditions.
Gliffy reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
1. ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Gliffy may offer to provide certain services and content, as described more fully on the Site, and which are selected by User through the process provided on the Site (“Services”). Services shall include, but not be limited to, any services Gliffy performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. User understands that the Content provided as part of the Services is the sole responsibility of the person from which such content originated. Gliffy may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. Gliffy may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to Gliffy that if User is an individual (i.e., not a corporation or institution) User is at least 18 years of age. Users who are under 18 may use the Services only with the involvement of a parent, guardian, or teacher. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
2. SITE CONTENT.
User should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the third parties who provide that Content to Gliffy (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Gliffy or by the owners of that Content, in a separate agreement.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content (except as expressly permitted), software, materials, or Services in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Gliffy does not claim ownership rights in any Content that User chooses to post to the Site (“User-generated Content”). After posting User-generated Content to the Site, User continues to retain all ownership or license rights in such Content. However, User acknowledges and agrees that if User uses any of the Services to contribute User-generated Content to the Site, Gliffy is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content and the name User submits in connection with such Content (including all related intellectual property rights) and to allow others to do so. Gliffy claims no intellectual property rights over the material User provides to the Service. User’s profile and all User-generated Content uploaded by User remain the property of User. However, Gliffy encourages User to contribute its creations to the public domain or to license its User-generated Content explicitly under less draconian terms, such as under the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain. User can remove its User-generated Content from the Site at any time. By designating User-generated Content (including, but not limited to, posted diagrams or diagram templates) as "published" or “public”, User hereby grants to Gliffy and each user of the Gliffy Service a non-exclusive, worldwide, royalty-free, transferable, perpetual license to view, share, transmit, copy, and otherwise fully exploit all User-generated Content. You confirm and warrant to Gliffy that you have all the rights, power and authority necessary to grant the above licenses to the User-generated Content you post to the Site.
Please refer to the Gliffy FAQ on the difference between public and private diagrams and their rules based on the account type of the User, located here:
3. SUBSCRIBER WARRANTY.
As a condition of use, User promises not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Gliffy.
By way of example, and not as a limitation, User agrees not to use the Services:
a. to abuse, harass, threaten, impersonate or intimidate other Gliffy users;
b. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
c. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
d. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Gliffy user;
e. to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
f. to create or submit unwanted email ("Spam") to any other Gliffy users or any URL;
g. to violate any laws in your jurisdiction (including but not limited to copyright laws);
h. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
i. User will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, User agrees that it will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Gliffy user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in.
Some of the Services on the Site require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Any fees paid hereunder are non-refundable. Gliffy reserves the right to change its prices and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. User authorizes Gliffy, directly or through third parties, to make any inquiries it considers necessary to validate User's account and financial information.
6. PRODUCT SATISFACTION GUARANTEE.
Subject to the terms of this Agreement, User may cancel any Service User has paid for at any time during the current unexpired subscription period of the Service by submitting a cancellation request at https://support.gliffy.com/anonymous_requests/new. Gliffy will refund 100% of the fees paid for the current unexpired subscription period of the Service within thirty (30) days of receiving a cancellation request, and such refund will be credited to the payment source User last provided for purchase of the Service.
Gliffy will be entitled to rely on a cancellation request that appears legitimate and cancel the Service on that basis. Gliffy's responsibility for improper cancellation is limited to reinstating User’s access to the Service upon User’s request. For the avoidance of doubt, under no circumstance will Gliffy refund expired subscription periods. Gliffy’s Product Satisfaction Guarantee, as currently published herein, represents Gliffy’s sole obligation with respect to Service refunds.
7. WARRANTY DISCLAIMER.
User acknowledges that Gliffy has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Gliffy from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Gliffy makes no representations concerning any content contained in or accessed through the Site, and Gliffy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
8. OTHER POLICIES.
9. REGISTRATION AND SECURITY.
As a condition to using Services, User may be required to register with Gliffy and enter an email address and password ("Gliffy User ID"). User shall provide Gliffy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Gliffy reserves the right to refuse registration of, or cancel a Gliffy User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Gliffy password. User grants Gliffy the right to include User?s name on the Site and other promotional material used in relation to the Site and Services.
User will indemnify and hold Gliffy, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE FEES PAID BY SUBSCRIBER FOR SUCH SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
Either party may terminate the Services at any time by notifying the other party by any means. Gliffy may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of the User's account, User's right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Gliffy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gliffy's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Gliffy's prior written consent. Gliffy may transfer, assign or delegate this Agreement and its rights and obligations without consent. If the User is a paid User, the User grants Gliffy the right to include the User's name as a customer on Gliffy's website and other promotional material in relation to the Software. Within thirty (30) days of the User's written request, Gliffy will remove the User's name from its website customer list and will make no further reference to the User in any future material promoting the Software. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Gliffy in any respect whatsoever.