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Editate Terms of Service and Privacy Policy

Terms of Service

Last modified: September 2014

These terms of service (the "Terms") govern your access to and use of Editate ("we" or "our") websites, including www.Editate.com, www.Prompt.com and www.EditRevise.com and services (the "Services"), so please carefully read them before using the Services.

By using the Services you agree to be bound by 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. In that case, "you" and "your" will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Editate and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you (but recognizing your work is important to you, please read the note below on access to your files in these circumstances). We may also remove any content from our Services at our discretion.

Your stuff, your privacy, and your permissions

By using our Services you provide us with information and files that you submit to Editate (together, "Your Stuff"). Your Stuff is yours. You retain full ownership to Your Stuff. We do not claim any ownership to any of Your Stuff. These Terms do not grant us any rights to Your Stuff or intellectual property except for the limited rights that are needed to offer the Services.

We may need your permission to do things you ask us to do with Your Stuff, for example, hosting Your Stuff, backing it up, and sharing it at your direction. Our Services also provide you with features like photo thumbnails, document previews, email organization, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to trusted third parties we work with.

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we will not share Your Stuff with others, including law enforcement, for any purpose unless you direct us to share Your Stuff. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that Editate has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Although we reserve the right to stop, suspend, or modify the Services at any time without prior notice to you, we recognize that Your Stuff are important to you, and that you may wish to retrieve Your Stuff from Editate in this event. We will make reasonable effort to contact you if you have registered for an account, and aim to keep Your Stuff available for retrieval from Editate in read-only form for up to three months beyond the time of suspension (or otherwise) of the Services.

Sharing Your Stuff

Our Services let you share Your Stuff with others at your direction, so please think carefully about what you share.

Your responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Editate, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We are not responsible for the content people post of share via the Services.

You, and not Editate, are responsible for maintaining and protecting all of Your Stuff. Editate will not be liable for any loss or corruption of Your Stuff, or for any costs or expenses associated with backing up or restoring any of Your Stuff.

You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Editate of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Editate, it is your responsibility to use a secure encrypted connection to communicate with the Services.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

Editate property and feedback

These terms do not grant you any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The technology we use to provide the Services are protected by copyright, trademark, and other laws of the United States and New Jersey. These Terms do not grant you any rights to use the Editate trademarks, logos, domain names, or other brand features.

Other content

The Services may contain links to third-party websites or resources. Editate does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Paid Services

Billing. You can pay for certain Services including document editing and feedback services through Editate’s affiliate websites www.EditRevise.com and www.Prompt.com ("Paid Services"). No Refunds for Services Rendered. You may cancel a request for Paid Services at any time but you will not be issued a refund unless Services performed on Your Stuff has not begun.

Downgrades and Upgrades. You may change a request for Paid Services as long as Services performed on Your Stuff has not begun.

Quality Guarantee. If you are not pleased with the Paid Services, please send an email to support@editate.com explaining your case. Editate will review your email and Paid Services rendered. Editate, at its sole discretion, will determine if the Paid Services were conducted appropriately and will issue a refund equaling the amount of rendered Paid Services as appropriate.

Termination

Though we would much rather you stay, you can stop using our Services any time. We 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.

Editate available "as-is"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, EDITATE 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 states 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 EDIATE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EDIDATE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO EDITATE FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

Controlling law

These Terms will be governed by New Jersey law.

Entire agreement

These Terms constitute the entire agreement between you and Editate with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, severability & assignment.

Editate's 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. Editate may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to 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). Other changes may be posted to our news or terms page, so please check those pages regularly. 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.

Privacy policy

Last modified: September 2014

This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the Editate service (the "Service") through our websites www.Editate.com, www.Prompt.com and www.EditRevise.com, applications on Devices, through APIs, and through third-parties. A "Device" is any computer used to access the Editate Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.

This Privacy Policy governs your access of the Editate Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as "information."

  1. The information we collect and store

    We may collect and store the following information when running the Editate Service:

    Information you provide.

    When you register an account, we collect some personal information, such as your name and email address. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Editate to you.

    Files.

    We collect and store the files you upload, download, or access with the Editate Service ("Files"). If you add a file to your Editate account that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.

    Log data.

    When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol ("IP") address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.

    Cookies.

    We also use "cookies" to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use "persistent cookies" to save your registration ID and login password for future logins to the Service. We may use "session ID cookies" to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.

  2. How we use personal information

    Personal Information.

    In the course of using the Service, we may collect personal information that can be used to contact or identify you ("Personal Information"). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the "unsubscribe" instructions provided in any of those communications, or update your account settings information.

    Analytics.

    We also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests. As of the date this policy went into effect, we use Google Analytics. To learn more about the privacy policies of each of these services, please visit their websites.

  3. Information sharing and disclosure

    Your use.

    We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.

    Service providers, business partners and others.

    We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

    Third-party applications.

    We may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

    Compliance with laws and law enforcement requests; protection of Editate’s rights.

    We may disclose to parties outside Editate files stored in your Editate account and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Editate or its users; or (d) to protect Editate’s property rights. If we provide your Editate documents to a law enforcement agency as set forth above, we will remove Editate's encryption (if any has been added) from the documents before providing them to law enforcement. However, Editate will not be able to decrypt any files that you encrypted prior to storing them on Editate.

    Business transfers.

    If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.

    Non-private or non-personal information.

    We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.

  4. Changing or deleting your information

    If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your "account settings." If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. For questions about your Personal Information on our Service, please contact support@Editate.com. We will respond to your inquiry within 30 days.

  5. Data retention

    We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account by emailing us at support@Editate.com. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

    Our Site includes links to other Web sites whose privacy practices may differ from those of Editate. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

  6. Security

    The security of your information is important to us. When you enter sensitive information on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

    We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can view or contact us at support@Editate.com.

  7. Our policy toward children

    Our Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@Editate.com. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information from our files.

  8. Contacting us

    If you have any questions about this Privacy Policy, please contact us at support@Editate.com.

  9. Changes to our privacy policy

    This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.