Terms & Conditions
Please read these Terms and Conditions (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your agreement to this Agreement.
This Agreement is between you (“you”) and OfficeWork Software, LLC. (“OfficeWork,” “we,” “us”) concerning your use of the websites located at: www.officeworksoftware.com, www.orgchartpro.com, www.orgchartpro.com.au, www.orgchartpro.de, www.orgchartpro.fr, www.orgchartpro.in, www.orchartpro.com.sg, www.orgchartpro.co.uk, and www.orgchartsoftware.com (each, together with any successor site and all Services and Content (as defined below), a “Site”).
1. Acceptance of Terms. The Site is made available by OfficeWork subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion without prior notice, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Any changes to our Agreement will become effective upon our posting of the revised Agreement on the Site. Use of the Site following such changes constitutes your acceptance of the revised Agreement then in effect. When using any Services and Content (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services and Content, which are hereby incorporated by reference into this Agreement. By using the Site, you agree to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the Site.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Jurisdictional Issues. The Site is hosted by OfficeWork from the United States, and is not intended to subject OfficeWork to the laws or jurisdiction of any state, country or territory other than that of the United States. OfficeWork does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Description of the Services and Content. We provide users of the Site with access to certain content and services related to software products, which may include, without limitation: (a) services such as purchasing functionality, registration functionality, Promotions (as defined below), RSS feeds of news, profiles, forums, galleries, message boards, chat rooms, instant messaging, email profiles, tools, photos, videos, reviews, ratings and links to third party websites (“Services”); and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings, messages, software tutorials, software free trials, software updates and other similar content (“Content”).
5. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 21 below. You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, abusive, destructive, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) a personal attack or retaliation for any personal attack or (f) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Any advertising or linking to any material and/or web sites that are age restricted.
- Any unacceptable images including depictions of rape, torture, and sexual, lewd or illegal acts.
- Any threats of physical harm, property damage or acts of violence toward another individual or group of individuals.
Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
Use the Site for any fraudulent or unlawful purpose.
Pay for items received from the Site with fraudulent credit cards or refuse to pay for items received from the Site.
Impersonate any person or entity, including without limitation any representative of OfficeWork; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without OfficeWork’s express prior written consent.
Use the Site to solicit or trade any products illegally, including requests and/or distribution of computer software, software security overrides and serial numbers.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without OfficeWork’s express prior written consent.
Create a database by systematically downloading and storing Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without OfficeWork’s express prior written consent.
Additionally, you acknowledge and agree that you (and not OfficeWork) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
7. Products, Content and Specifications. Descriptions and images of, and references to, third-party products or services available in connection with the Site do not imply OfficeWork’s endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. OfficeWork reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar Promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or Service. Refunds and exchanges will be subject to OfficeWork’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
8. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is complete and compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
If your purchase is downloadable, you will be able to download the downloadable purchase from the Site. OfficeWork does not guarantee availability of downloadable purchases after the first download or 30 days, whichever comes first. It is solely the responsibility of the purchaser to download and back up the purchased file. OfficeWork may make available for purchase an extended download service which will allow you to access downloadable purchases for up to two (2) years after purchase.
9. Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any user. We also may require verification of information prior to the acceptance and/or shipment of any order.
10. Registration; User Names and Passwords. You may be required to register with OfficeWork in order to access certain Services and Content or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions). You agree to immediately notify OfficeWork of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
11. Profiles and Forums. You may post certain information and materials on your “profile page” (your “Profile”). Further, we and/or our service providers may make available through the Site Services (for example, message boards, forums, chat rooms, instant messaging and comment and review functionality on the Site, among other Services) to which you are able to post information and materials (each, a “Forum”).
Information contained in the Profiles and Forums may be provided by employees of OfficeWork and the Affiliated Entities, Content Providers, and third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. OfficeWork, the Affiliated Entities, the Content Providers and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, OfficeWork, the Affiliated Entities, the Content Prov