SmoothPDF Terms of Service
This Agreement is effective from 14th July
2019
1. Your Acceptance
- By using or visiting the DrawTyme or
SmoothPDF (henceforth collectively referred to as DrawTyme) website
or any DrawTyme products, software, data feeds, and services
provided to you on, from, or through the DrawTyme website
(collectively the "Service") you signify your agreement to
(1) these terms and conditions (the "Terms of Service"),
(2) DrawTyme's Privacy Policy, found at https://www.drawtyme.com/privacy-policy.html and incorporated herein by reference. If you
do not agree to any of these terms, or the DrawTyme Privacy Policy,
please do not use the Service. The Service is provided by DrawTyme
Technologies Pvt. Ltd., which, along with its products and services,
is referred to as “DrawTyme” in these Terms of Service.
- Although we may attempt to notify you
when major changes are made to these Terms of Service, you should
periodically review the most up-to-date version https://www.drawtyme.com/terms-of-service.html). DrawTyme may, in its sole discretion, modify or
revise these Terms of Service and policies at any time, and you
agree to be bound by such modifications or revisions. Nothing in
these Terms of Service shall be deemed to confer any third-party
rights or benefits.
2. Service
- These Terms of Service
apply to all users of the Service, including users who are also
contributors of Content on the Service. “Content”
includes the text, software, scripts, graphics, photos, sounds,
music, videos, audiovisual combinations, interactive features and
other materials you may view on, access through, convert using, or
contribute to the Service. The Service includes all aspects of
DrawTyme, including but not limited to all products, software and
services offered via the DrawTyme website, such as the SmoothPDF
document converter, SmoothPDF mobile apps and other applications.
- The Service primarily converts
documents from one format to another. It involves uploading of a
document to DrawTyme server, temporary storage on the server during
and after conversion, and then downloading the result from the
server.
3. DrawTyme Accounts
- In order to access some
features of the Service, you may have to create a DrawTyme Account.
You may never use another's account without permission. When
creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs
on your account, and you must keep your account password secure. You
must notify DrawTyme immediately of any breach of security or
unauthorized use of your account.
- Although DrawTyme will not
be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of DrawTyme or others due
to such unauthorized use.
4. General Use of the Service - Permissions
and Restrictions
DrawTyme hereby grants you permission to
access and use the Service as set forth in these Terms of Service,
provided that:
- You agree not to
distribute in any medium any part of the Service or the Content
without DrawTyme's prior written authorization, unless DrawTyme
makes available the means for such distribution through
functionality offered by the Service.
- You agree not to alter or
modify any part of the Service.
- You agree not to access
Content through any technology or means other than the pages of the
Service itself, or other explicitly authorized means DrawTyme may
designate.
- You agree not to use the
Service for any of the following commercial uses unless you obtain
DrawTyme's prior written approval:
- the sale of access to the
Service;
- the sale of advertising,
sponsorships, or promotions placed on or within the Service or
Content; or
- the sale of advertising,
sponsorships, or promotions on any page of an ad-enabled blog or
website containing Content delivered via the Service, unless other
material not obtained from DrawTyme appears on the same page and is
of sufficient value to be the basis for such sales.
- You agree not to use or
launch any automated system, including without limitation,
"robots," "spiders," or "offline
readers," that accesses the Service in a manner that sends more
request messages to the DrawTyme servers in a given period of time
than a human can reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing,
DrawTyme grants the operators of public search engines permission to
use spiders to copy materials from the site for the sole purpose of
and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of
such materials. DrawTyme reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information,
including account names, from the Service, nor to use the
communication systems provided by the Service (e.g., comments,
email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Service with
respect to their Content.
- In your use of the
Service, you will comply with all applicable laws.
- DrawTyme reserves the
right to discontinue any aspect of the Service at any time.
5. Your Use of the Service
- The Content on the
Service, and the trademarks, service marks and logos
("Marks") on the Service, are owned by or licensed to
DrawTyme, subject to copyright and other intellectual property
rights under the law.
- Content is provided to you
AS IS. You may access Content for your information and personal use
solely as intended through the provided functionality of the Service
and as permitted under these Terms of Service. You shall not
download any Content unless you see a “download” or
similar link displayed by DrawTyme on the Service for that Content.
You shall not copy, reproduce, make available online or
electronically transmit, publish, adapt, distribute, transmit,
broadcast, display, sell, license, or otherwise exploit any Content
for any other purposes without the prior written consent of DrawTyme
or the respective licensors of the Content. DrawTyme and its
licensors reserve all rights not expressly granted in and to the
Service and the Content.
- You agree not to
circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the Service
or the Content therein.
- You understand that when
using the Service, certain text/images/media from the original
document may be inadvertently omitted in part or full or otherwise
incorrectly reproduced in the converted result. You understand and
accept that DrawTyme cannot be held responsible for any
inaccuracies, changes in connotation/context resulting from such
inadvertent omissions and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have
against DrawTyme with respect thereto, and, to the extent permitted
by applicable law, agree to indemnify and hold harmless DrawTyme,
its owners, operators, affiliates, licensors, and licensees to the
fullest extent allowed by law regarding all matters related to your
use of the Service.
6. Your Content and Conduct
- As a DrawTyme account
holder/User of the Service you may submit Content to the Service.
You understand that DrawTyme does not guarantee any confidentiality
with respect to any Content you submit.
- You shall be solely
responsible for your own Content and the consequences of submitting
and publishing your Content on the Service. You affirm, represent,
and warrant that you own or have the necessary licenses, rights,
consents, and permissions to publish Content you submit; and you
license to DrawTyme all patent, trademark, trade secret, copyright
or other proprietary rights in and to such Content for publication
on the Service pursuant to these Terms of Service.
- For clarity, you retain
all of your ownership rights in your Content. However, by submitting
Content to DrawTyme, you hereby grant DrawTyme a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display,
publish, adapt, make available online or electronically transmit,
and perform the Content in connection with the Service and
DrawTyme's (and its successors' and affiliates')
business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels. You
also hereby grant each user of the Service a non-exclusive license
to access your Content through the Service, and to use, reproduce,
distribute, display, publish, make available online or
electronically transmit, and perform such Content as permitted
through the functionality of the Service and under these Terms of
Service. The above licenses granted by you in video Content, moments
or comments you submit to the Service terminate within a
commercially reasonable time after you remove or delete your videos,
moments and user comments from the Service. You understand and
agree, however, that DrawTyme may retain, but not display,
distribute, or perform, server copies of your moments, and user
comments that have been removed or deleted. The above licenses
granted by you in user comments you submit are perpetual and
irrevocable.
- You agree that the content
you submit to the service will not be of offensive, hateful,
abusive, defamatory or explicit in nature. You agree that DrawTyme
has full rights to remove such content and even block your access at
its own discretion if your content is found to be of such kind, or
reported to be so by other users.
- You further agree that
Content you submit to the Service will not contain third party
copyrighted material, or material that is subject to other third
party proprietary rights, unless you have permission from the
rightful owner of the material or you are otherwise legally entitled
to post the material and to grant DrawTyme all of the license rights
granted herein.
- DrawTyme does not endorse
any Content submitted to the Service by any user or other licensor,
or any opinion, recommendation, or advice expressed therein, and
DrawTyme expressly disclaims any and all liability in connection
with Content. DrawTyme does not permit copyright infringing
activities and infringement of intellectual property rights on the
Service, and DrawTyme will remove all Content if properly notified
that such Content infringes on another's intellectual property
rights. DrawTyme reserves the right to remove Content without prior
notice.
7. Account Termination Policy
- DrawTyme will terminate a
user's access to the Service if, under appropriate
circumstances, the user is determined to be a repeat infringer, or
offender of any terms.
- DrawTyme reserves the
right to decide whether Content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited
to, pornography, obscenity,hatred, abuse, defamation or excessive
length. DrawTyme may at any time, without prior notice and in its
sole discretion, remove such Content and/or terminate a user's
account for submitting such material in violation of these Terms of
Service.
8. Copyright Policy
- It is your responsibility
to ensure that you hold the copyright, or are otherwise entitled to
do so, for all Content you submit to Drawtyme, in the form of
videos, moments or comments. In case copyright infringements are
brought to DrawTyme’s notice, such content will be removed
from the Website.
- As part of DrawTyme's
copyright policy, DrawTyme will terminate user access to the Website
if a user has been determined to be a repeat infringer. A repeat
infringer is a user who has been notified of infringing activity
more than twice.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
DRAWTYME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, DrawTyme
EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. DrawTyme DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED
SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DrawTyme
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL DrawTyme, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS,
WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE
LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE
EXTENT PERMITTED BY LAW, DrawTyme LIMITS ITS LIABILITY FOR ANY CLAIMS
UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE
SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT DrawTyme
SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by
DrawTyme from its facilities in the United States of America.
DrawTyme makes no representations that the Service is appropriate or
available for use in other locations. Those who access or use the
Service from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
11. Indemnity
To the extent permitted by applicable law, you
agree to defend, indemnify and hold harmless DrawTyme, its parent
corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (i) your use of and access to
the Service; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that your Content caused damage to a third party. This
defense and indemnification obligation will survive these Terms of
Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18
years of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and
comply with these Terms of Service. In any case, you affirm that you
are over the age of 13, as the Service is not intended for children
under 13. If you are under 13 years of age, then please do not use
the Service. There are lots of other great websites for you. Talk to
your parents about what sites are appropriate for you.
We provide these Terms of Service with our
Service so that you know what terms apply to your use. You
acknowledge that we have given you a reasonable opportunity to review
these Terms of Service and that you have agreed to them.
13. Assignment
These Terms of Service, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by DrawTyme without restriction.
14. General
You agree that: (i) the Service shall be deemed solely
based in India; and (ii) the Service shall be deemed a passive
website that does not give rise to personal jurisdiction over
DrawTyme, either specific or general, in jurisdictions other than
India. You agree that the laws of India, excluding India’s
choice of law rules, will apply to these Terms of Service. In
addition, for any dispute arising out of or related to the Service,
the parties consent to personal jurisdiction in, and exclusive venue
of, the courts in Karnataka State, India. These Terms of Service,
together with the Privacy Notice at https://www.drawtyme.com/privacy-policy.html and any other legal notices published by
DrawTyme on the Service, shall constitute the entire agreement
between you and DrawTyme concerning the Service. If it turns out that
a particular term is not enforceable, this will not affect any other
terms. No waiver of any term of this Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and
DrawTyme's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or
provision. YOU AND DRAWTYME AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Dated: 14 July, 2019