ProofMe Terms of ServicePosted: May 1, 2016
- We do not own your content
- You do not own others’ content
- Share thoughtfully
- Restrictions apply when you use ProofMe anonymously
- Be responsible and don’t do illegal stuff
- ProofMe is not a general purpose cloud storage
- Paid plans
- 30-day risk free money back guarantee
- You can delete your account at any time
- There are certain things that we can't guarantee
- References to our relationship
- International use
- We will notify you if we change these terms
Thank you for using ProofMe, a creative collaboration service provided by MetaCommunications, Inc. (“MetaCommunications”, “we”, “our”, or “us”).
These terms of service ("Terms") cover your use and access to ProofMe services, client software and websites ("Services"). By using our Services, you're agreeing to be bound by these Terms, as well as our Privacy and Acceptable Use policies.
Your Content & Your Permissions
When you use our Services, you provide us access to your documents, images, video and audio files, contacts and so on ("Your Content"). Your Content is yours. These Terms don't give us any rights to Your Content except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting copies of Your Content for rendering, playback and collaboration, sorting and searching, and sharing with others when you ask us to. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Others’ Content, Copyright & Ownership
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. Such notices should be reported as described in our DMCA Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:Attn: Copyright Agent MetaCommunications 201 E Washington St Iowa City, IA 52240 firstname.lastname@example.org
Our Services are also protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, the ProofMe name or any of our trademarks, logos, domain names and other brand features. We welcome feedback, but note that we may use your comments or suggestions without any obligation to you.
Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Sharing Your Content
Our Services let you share Your Content with others, so please think carefully about what you share.
In line with our mission of democratizing creative collaboration, you can use our Services anonymously without registering for a user account. Anonymous content that hasn’t been commented on in 30 days will be deleted.
You're responsible for your conduct, Your Content and must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content users post and share via the Services.
Please safeguard your account, make sure that others don't have access to it, and keep your account information current. We are not liable for any loss or damage from your failure to do so.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
Our focus is building the best creative collaboration platform in the world, and making it available for free. In order to fulfill this mission, we’ve applied certain restrictions on the way our Services store and manage your files.
Your user account is given a specific amount of working storage space (“Active Proof Storage”), as determined by your current Service subscription plan. Optional add-on plan purchases may increase that capacity.
Active Proof Storage is the storage needed to house all your currently active proofs. To help you effectively manage your proofs, our Services will automatically archive old proofs after a configurable period of inactivity (30 days by default, up to the maximum allowed by your current Service subscription plan). Of course you can always manually archive, unarchive and delete any proofs.
Archived proofs are still searchable and otherwise accessible in the system (including the ability to unarchive), but they do not count against your Active Proof Storage limit, and will eventually be shelved to a cloud storage provider of your choice. See 'Proof Storage FAQ' for more details.
Failure to configure a cloud storage location for shelving may result in loss of files.
Our Services allow you to download client software ("Software"), which may update automatically. As long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms.
You can increase your Active Proof Storage limit and add other features to your account by subscribing to one of our paid plans (“Paid Plan”). We'll automatically bill you the corresponding subscription fees from the date you upgrade to a Paid Plan and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
Your Paid Plan will remain in effect until it's cancelled or until your account is terminated under these Terms. If you don't pay for your Paid Plan on time, we reserve the right to suspend it or reduce your Active Proof Storage to the free plan’s limit.
We may change the fees in effect, but will give you advance notice of these changes via a message to the email address associated with your account.
30-Day Risk Free Money Back Guarantee
If this is the first time you are signing up for a Paid Plan, and if for any reason you are not satisfied with the Services, you may terminate the plan and get your money back by contacting ProofMe support at email@example.com within the first thirty (30) days of the plan start date. We will apply a refund of the fees you paid to us for the terminated plan using the same method of payment (for example, if you used a credit card to pay for the Service plan, we will apply the refund to that credit card). Refunds may take up to 10 days to be reflected on your payment method.
Cancellation & Termination
Although we'd be sad to see you go, you're free to stop using our Services at any time. If you have registered for a user account, you can cancel it at any time by logging in to the Services, going to your profile and selecting ‘Delete My Account’. We may also suspend or terminate your use of the Services at any time with or without notice if you breach these Terms, if we deem your use to be inappropriate, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
Except for accounts on a Paid Plan, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
Service “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. Your use of the Services is at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, METACOMMUNICATIONS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL METACOMMUNICATIONS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT METACOMMUNICATIONS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, METACOMMUNICATIONS, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO METACOMMUNICATIONS FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
References to Our Relationship
Featuring our users helps us grow and add valuable features to our Services. You agree that, from the time you begin using our Services until you terminate your account with us, we may identify you as a user of ProofMe and refer to you by name, trade name and trademark, if applicable, as well as briefly describe your business in our marketing materials and website. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and ProofMe.
You may terminate this privilege at any time by sending us a notice to firstname.lastname@example.org.
Recognizing the global nature of the Internet, we would like to highlight that we are headquartered in the United States. Please understand that your account information and your content may be transferred to the United States and can be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to the laws in your country of residence.
We may revise these Terms from time to time, and will always post the most current version on ProofMe’s website. In addition, if you have registered for a user account, we will notify you in advance by sending a message to your account and to the email address associated with your account when the revised Terms will become effective. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. If there is a material change in our Terms, you may request a refund of the unused portion of your Paid Plan and downgrade to our free plan or delete your account (see Cancellation or Termination).
Waiver, Severability & Assignment
MetaCommunications’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. MetaCommunications may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
These Terms will be governed by the laws of the State of Delaware, USA, except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
Have questions or concerns about privacy of your content? Contact us at email@example.com Posted: May 1, 2016
Thank you for using ProofMe! Here we describe how we collect, use, share and handle your information when you use ProofMe’s websites, software and services ("Services").
What's Collected & Why
We collect and use the following information to provide, improve and protect our Services:
Account. We collect, and associate with your account, primary information like your name, email address and/or a phone number. Our Services also let you access your accounts and your information with other service providers. You may also provide us your payment information, along with your phone number and address, to complete the purchase of payment for the Services, or to pay for an ongoing subscription to the Services. We may use your account information to send you information about our Services, to help prevent spam, fraud, or abuse, and to help others find your account. You may use your settings for email and mobile notifications to control notifications you receive from our Services. You may also unsubscribe from a notification by following the instructions contained within the notification or the instructions on ProofMe’s website.
Services. Services. When you use our Services, we transmit, process and cache your documents, images, video & and audio files, and other types of media files and information related to them (for example, location tags in photos). If you give us access to your contacts, we'll store those contacts on our servers for you to use. This will make it easy for you to do things like share Your Content and invite others to use the Services.
Usage. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies. We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
Who it’s shared with
We may share information as discussed below, but we won't sell it to advertisers or other third parties.
Other users. Our Services display information like your name and email address to other users in places like your user profile and sharing notifications. Certain features let you make additional information available to other users.
Other applications. You can also give third parties access to your information and account - for example, via ProofMe APIs. Just remember that their use of your information will be governed by their Privacy Policies and terms.
Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ProofMe or our users; or (d) protect ProofMe's property rights.
We'll abide by the following principles when receiving, scrutinizing and responding to government requests for our users' data:
- Be transparent,
- Fight blanket requests,
- Protect all users, and
- Provide trusted services.
To provide you with the Services, we may store, process and transmit information in locations around the world — including those outside your country. Information may also be stored locally on the devices you use to access the Services.
We'll retain information you store on our Services for as long as we need it to provide you the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
ProofMe Acceptable Use Policy
Thank you for using ProofMe! We're proud of the trust you placed in us. In exchange, we trust you to use our Services responsibly.
Code of Conduct
You agree not to misuse the ProofMe websites, software and services ("Services") or help anyone else to do so. For example, you must not do any of the following in connection with the Services:
- 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 or parts of the Services, or shared areas of the Services you haven't been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to get more storage space than deserved;
- circumvent storage space limits;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- use the Services for any illegal purpose or to violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
- violate the privacy or infringe on the rights of others.
ProofMe DMCA Copyright PolicyPosted: May 1, 2016
MetaCommunications, Inc. (“MetaCommunications”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, MetaCommunications will respond expeditiously to claims of copyright infringement committed using the ProofMe service and/or the ProofMe website (the “Site”) if such claims are reported to MetaCommunications’ Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to MetaCommunications’ Designated Copyright Agent. Upon receipt of Notice as described below, MetaCommunications will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to MetaCommunications’ Designated Copyright Agent:Attn: Copyright Agent MetaCommunications 201 E Washington St Iowa City, IA 52240 firstname.lastname@example.org