DigitalPage Terms of Service

Last Updated: August 27, 2015
Thank you for your interest in DigitalPage! Please read these terms of service carefully ("Terms") before using the Services. These Terms govern and apply to your access to and use of DigitalPage ("we" or "our") websites and services (the "Services"). By accessing or using our Services, you agree to be bound by all of the terms and conditions described in these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you do not agree to all of these terms and conditions, do not use our Services.

Use of Services

The DigitalPage Services enable you to easily and conveniently make, update, and share the latest versions of documents within a designated group. In order to access and use DigitalPage, you will need to register and create an account (your "Account"). By creating an Account, you attest that you have the power to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are attesting that you are over 13. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

Acceptable Use Policy/User Conduct

You agree that you are responsible for your own conduct and all conducts under your Account, and all Content that is created under your Account and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Service and applicable separate agreements, if any, and all applicable laws and regulations in the relevant jurisdictions.

You further agree not to:

• Probe, harm, disrupt, or attack any system, network, or the Services.
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Services.
• Modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by DigitalPage.
• Use the Services to disguise any material that contains virus, worms, corrupted files, or any other similar software to interfere with or disrupt any user, host, or network.
• Send any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
• Stalk, harass, abuse or threaten another person or company, or take any action invasive to another's privacy (by sharing, for example, another's photograph, address, email, phone number or any other contact information) without permission from such other person.
• Impersonate or misrepresent your identity with any person or entity.
• Promote or provide products or services other than your own without appropriate authorization.
• Use the Services to share any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Take any action that would be in violation of DigitalPage's copyright, trademark, any code of conduct or other guidelines which may be applicable to the Services.
• Publish or share unlawful materials.
• Violate the law in any way.

Notice

We may send you communications or data regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services, via electronic mail, posting on the website, or other reliable method.

Fees & Payment

This section of the Terms applies only when you use "DigitalPage Pro" services. You will pay, and authorize DigitalPage to charge to your selected payment method, for all applicable fees (“Fees”). Fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information to us. DigitalPage may suspend or terminate the Services if fees are past due. You are responsible for all taxes. DigitalPage will charge tax when required to do so. If you are required by law to withhold any taxes, you must provide DigitalPage with an official tax receipt or other appropriate documentation.

Copyright

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services. We will take whatever action, in our sole discretion, it deems appropriate including removal of the challenged content from the site if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Your notice should include following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL where the infringing material is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• 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.

Notices should be sent to:
Attn: Copyright Agent
         DigitaPage Co., Ltd.
         17F Nuritkum Square Business Tower,
         #396 World Cup Buk-ro, Mapo-gu, Seoul 121-795, Korea
         Tel: +82-2-300-9386
E-mail: copyright@fasoo.com

Ownership

Our App and Services are protected by copyright, trademark, patent or other intellectual property laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of DigitalPage and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Modifications

We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, DigitalPage may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit DigitalPage to deliver these to you (and you to receive them) as part of your use of the Service.

Modifications to this agreement

We reserve the right at any time and at our sole discretion to change, modify or otherwise alter these Terms at any time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

Links

In an attempt to provide increased value to you, we may include the use of third party resources and/or links to third party websites as part of the Service. However, we have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITALPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• DIGITALPAGE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR THEFT OF CONFIDENTIAL DOCUMENTS.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITALPAGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
• IN RARE CIRCUMSTANCES DURING THE BETA PERIOD, THERE IS A SLIGHT POSSIBILITY THAT ENCRYPTED FILES MAY NOT OPEN PROPERLY, DEPENDING ON YOUR DEVICE ENVIRONMENT OR APPLICATIONS.
• COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGITALPAGE, ITS PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITALPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) DIGITALPAGE'S ACTS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold DigitalPage, its parent, subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual or consequential), losses and expenses (including legal or other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these Terms of Service or any other actions connected with your use of the Services (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

Termination

You may discontinue your use of the Services at any time, for any or no reason and with or without notice. We also reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

General Terms

These Terms of Service constitute the entire agreement between you and DigitalPage and governs your use of the Service, except, and then only to the extent that you have entered into a separate agreement. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and DigitalPage for the use of the Service. If, through accessing or using the Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party. These Terms of Service and the relationship between you and DigitalPage shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and DigitalPage agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, New Jersey. Notwithstanding this, you agree that DigitalPage shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. You are also responsible for complying with all local laws, rules and regulations.

Commercial Terms

Effective Date: August 25, 2015.

These “Commercial Terms”, together with the Terms of Service, apply to our commercial transactions with you, including your purchase of DigitalPage for Business (“Service”) or other paid service from us. You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and DigitaPage or its affiliate from which you are purchasing the Service. By purchasing the Service, you agree to be legally bound by these Commercial Terms and Terms of Service. If there are any conflicts or discrepancies between “Commercial Terms” and “Terms of Service”, Commercial Terms shall prevail.

We may update these Commercial Terms from time to time. The Commercial Terms published on our site at the time you purchase the Service, will apply to your transaction (a “Commercial Transaction”). If you do not agree to the changed Commercial Terms, you may cancel your Service and/or elect not to enter into the Commercial Transaction. If you do not cancel the Service within thirty days after you have learned of the change, or you proceed with any Commercial Transaction, you will be legally bound by the updated Commercial Terms.

Payment of Fees; Taxes

When you elect to purchase the Service from us and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we or our reseller (as applicable) are authorized to charge you for the Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.

You agree to pay the charges for the Service in the currency specified by DigitalPage when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for the Service may include certain taxes applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge.

Our prices for the Service do not include any of the third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services.

Changes in Fees

We may change the price of any Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in recurring subscription fees by email to the address in your account information. Any increase in charges for the same Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.

Autorenewal

We accepts certain debit and credit cards as well as other forms of cash payment as payment methods (each, an “Accepted Payment Method”) for the Services, subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Service, and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Service will be billed on the date of your purchase. If you purchase the Service that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your Service subscription. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms information regarding your purchase and your submitted payment information in order to process your purchase. If your Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), we will process your payment on the last day of such month. This is what we mean by paying on an autorenewal basis.)

Changes to Payment Methods and Account Information

You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time. If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for the Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Premium Service or Product subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.

Cancellation of the Service Subscription

You may elect to cancel the Service at any time. Any cancellation of the Service will be effective as of the end of the then-current billing period, except as provided in the Terms of Service and except where we materially modify the Terms of Service, Privacy Policy, these Commercial Terms during a billing period, and such modification adversely affects you (a “Terms Modification”). In the event of a Terms Modification, you may cancel your subscription for the Service prior to the end of the then current billing period if we receive notice from you no later than thirty days after the effectiveness of such Terms Modification. The cancellation shall be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. If you desire to cancel your subscription for the Service as of the end of the current billing period, you may do so by logging into your account through the App Store or Play Store, accessing your “Account Summary” from the Settings page and choosing “Cancel Subscription.”

Costs of Collection; Credit Card Chargebacks

In addition to the published fees for the Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.

If you purchase the Service with a credit card and then subsequently request your credit card issuer to reverse that payment, DigitalPage is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional document to your Service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.