Effective on 01 Feb 2016
GammaWorks (“GammaWorks”, “Our”, “Us” or the “company”) has adopted this personal data privacy protection policy (“policy”) to establish and maintain an adequate level of personal data privacy protection. This policy is applicable to all records collected on the site smart.iformbuilder.com electronically that contain personal data. This policy constitutes the written information security plan required under 201 CMR 17.00 of the Massachusetts Data Protection regulations and mirrors the policy made public by its platform partner, Zerion Software Inc. This policy also governs the treatment of information received from European Union Member Countries, and discusses the company’s participation in the Safe Harbor program. As discussed herein, GammaWorks adheres to all of the Safe Harbor principles.
This privacy statement describes how GammaWorks collects and uses the personal information you provide on our Web site: smart.iformbuilder.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
GammaWorks, as part of Zerion’s partner network complies with the U.S. – E.U. Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union member countries. GammaWorks has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Zerion’s certification, please visit http://www.export.gov/safeharbor/.
Collection and Use of Personal Information
GammaWorks informs customers about the purposes for which it collects information about them at the time of the collection. In general, GammaWorks gathers, processes, and stores personal data (name, address and account billing information) for the purpose of providing services to customers, including billing and account maintenance; and legal requirements and obligations, including, but not limited to, statutory requirements and contractual requirements and obligations.
GammaWorks will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell, rent, share or trade your personal information to third parties for their promotional purposes.
- We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
- We may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request. If GammaWorks is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
to any other third party with your prior consent to do so.
GammaWorks maintains both a help desk at https://gammaworks.zendesk.com and a community forum https://gammaworks.zendesk.com/hc/en-us, and a blog where customers can provide comments about GammaWorks’s product offerings. To the extent that there is any personal information contained in these postings, GammaWorks’ use of such personal information will be solely to provide feedback to the company about its product offerings and will not be traced back to the source consumer account. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
GammaWorks will notify customers, employees, and plan participants if it intends to use personal data for any purpose other than that for which GammaWorks originally collected the data.
Cookies and Other Tracking Technologies
Technologies such as: cookies, beacons, tags and scripts are used by GammaWorks and our analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Local Storage Objects (HTML 5)
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, referring/exit pages, operating system, and date/time stamp. We do not link this automatically collected data to other information we collect about you.
Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to smart.iformbuilder.com or GammaWorks.
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blogs or community forum, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
Links to Other Web Sites
Our Site includes links to other Web sites whose privacy practices may differ from those of GammaWorks Software. 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.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to close your account. To close your account, log into https://smart.iformbuilder.com, select the Company tab; billing option. Once there, select the Update Billing Info button, then the Close Account icon. It will ask you to confirm your account closure request.
GammaWorks has implemented physical and technical safeguards to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. GammaWorks has implemented secure authentication protocols. Among other measures, GammaWorks encrypts data using secure socket layer technology (SSL) and has implemented strong password protection. GammaWorks maintains up-to-date firewall and malware protection and operates system security patches. Data owned by each customer is logically isolated from the data of other customers and from GammaWorks’ corporate environment to prevent unauthorized access. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at email@example.com
Once a customer relationship ends, GammaWorks will remove all customer data from GammaWork’s network storage facilities and all media used to store such customer data will be cleaned using industry best practices or destroyed.
When a staff person leaves, GammaWorks immediately blocks the employee’s physical and electronic access to the network and the facilities upon termination. Among other measures, GammaWorks will deactivate passwords and user names and collect building entry keys.
Notification of Privacy Statement Changes
If we decide to change our privacy practices, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If there is any material change on how we use your personal information, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.
Transfer of Data/Oversight of Service Providers
Within GammaWorks, personal data in the databases may be processed outside the country in which it was collected, for legitimate business activities as described under national and/or regional law in the country in which GammaWorks collected the data. For example, certain types of personal data may be accessed, for legitimate business purposes in any country in which GammaWorks operates. In addition, GammaWorks may store personal data in the facilities operated by the company and/or third parties on behalf of the company outside the country in which GammaWorks collected the data, so long as such third parties have agreed by contract to maintain an adequate level of data protection. Accordingly, personal data may be processed for legitimate business purposes in countries in which the data protection laws of the country in which GammaWorks collected the data do not apply.
When GammaWorks engages a service provider/vendor to perform activities that may require access to personal data, it will take steps to ensure that the service provider acts in accordance with our existing policies and procedures. At a minimum, GammaWorks will enter into a written agreement with the third party requiring the third party (1) to comply with applicable federal and state laws, and (2) to maintain secure systems in the transmission of information to and from GammaWorks
If personal data to be transferred, processed, or otherwise shared with a third party is personal data subject to the Safe Harbor (data received from an EU Member Country), then GammaWorks will ensure that the third party subscribes to the Safe Harbor principles or that it is subject to the Directive or another adequacy finding, as is applicable, and GammaWorks will proactively notify the individuals that the data will be held or processed by a third-party if it did not do so at the time of collection of such data. As an alternative, GammaWorks may enter into a written agreement with the third party requiring the third party to maintain at least the same level of privacy protection as is required by the relevant principles.
While GammaWorks services business customers and therefore does not collect information from consumers or individuals as a regular part of its business, GammaWorks may process certain personal data from individuals who own or work at customer businesses. GammaWorks’s collection of personal data is limited to the personal information provided at the time a customer registers on the website and creates a customer profile. GammaWorks limits the collection of employee and individual customer information to the amount reasonably necessary to accomplish its business objectives and in accordance with relevant United States and international law. No data is being processed for purposes beyond or incompatible with these limited business functions.
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, log into https://smart.iformbuilder.com, select the Company tab; Billing option. Once there, select the Update Billing Info button, then the Close account icon. It will ask you to confirm your account closure request. Once you confirm your account closure request, your personal and collected data will be removed from the server or you can email us at firstname.lastname@example.org. We will respond to your request to access within 30 days.
Access to Personal Data; Modifications and Corrections
Modifications and Corrections. Data subjects have the right to know what information about them is included in the databases and to ensure that such information is accurate and relevant to the purposes for which GammaWorks collected the data. Data subjects may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect.
Requests sent to email@example.com to aid in personal data access, modification or correction requests, will be responded to immediately.
Notwithstanding any other legal obligations GammaWorks may have, GammaWorks will promptly notify Customers in writing upon GammaWorks’s discovery of a breach of security of its systems or site where any data or materials containing personal information, including but not limited to Users’ IDs or passwords, have been acquired by an unauthorized person or GammaWorks reasonably believes that such a breach of security may have occurred. GammaWorks Software will also provide immediate feedback about any impact this possible or actual breach may or will have on its Customers. GammaWorks will use commercially reasonable efforts to promptly notify its Customers of the possible or actual security breach upon detecting the possible or actual breach.
The management of GammaWorks will track the accidental or unauthorized access to personal data described herein, and will provide notice to the appropriate parties under law and contract.
GammaWorks personnel have an obligation to be vigilant in safeguarding customer and personnel privacy. GammaWorks personnel must immediately report a data breach or suspected data breach to the Designated Employee via email at firstname.lastname@example.org.
You can contact us about this privacy statement by writing or email us at the address below:
“Personal data” or “personal information” is defined as data from which GammaWorks customers can be identified. Personal data includes a person’s first name and last name or first initial and last initial in combination with any one or more of the following data elements that relate to the person: (a) mailing address; (b) email address; or (c) credit or debit card number, with or without the security code, access code, personal identification number or password, that would permit access to a person’s financial account; provided, however, that “personal data” shall not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the general public. The databases containing personal data do not contain any “sensitive information” as defined under European Union Directive 95/46/EC (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, criminal convictions, or personal data concerning health), other than as provided by GammaWorks personnel pursuant to their express, informed consent. GammaWorks will explicitly request and receive permission from any individual to further process or otherwise use that individual’s sensitive information.
END USER LICENSE AGREEMENT
LAST UPDATED: 26 May 2015
Written approval is not a prerequisite to the validity or enforceability of this Agreement and no solicitation of any such written approval by or on behalf of GammaWorks shall be construed as an inference to the contrary. If you have ordered the mobile client software or the services, GammaWorks’ acceptance is expressly conditional on your assent to these terms to the exclusion of all other terms.
This Agreement may be modified from time to time. It is your responsibility to regularly check GammaWorks’ site to determine if there have been changes to this Agreement and to review such changes. Continued use of the mobile client software or continue access of the services by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the services may result in suspension or termination of your use of the mobile client software or access to the services, without notice, in addition to GammaWorks’ other remedies.
- THE MOBILE CLIENT SOFTWARE
- LICENSE GRANT. Subject to the terms of this Agreement, GammaWorks (“GammaWorks”) hereby grants to you (“You”) a limited, non-transferable, nonsublicensable, nonexclusive license to install and operate the object code version of the Mobile Client Software solely on authorized systems, computers or mobile devices, solely to interact with, and allow the collection of data by, the Services and solely up to the number of licenses acquired by You.
- LICENSE RESTRICTIONS. You may not, directly or indirectly: (a) modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or the underlying ideas or algorithms of the Mobile Client Software, except to the extent applicable statutory law expressly prohibits such restrictions; (b) create derivative works based on the Mobile Client Software; (c) use the Mobile Client Software for performing comparisons or other “benchmarking” activities; (d) copy, rent, lease, distribute, or otherwise transfer rights to the Mobile Client Software; or (e) remove any proprietary notices or labels on the Mobile Client Software.
- THE SERVICES
- ACCESS GRANT. Subject to the terms and conditions of this Agreement, GammaWorks shall provide You with access rights to the iformbuilder.com online service (the “Services”), solely in accordance with this Agreement, solely for use with the Mobile Client Software, solely for your internal business purposes and up to the number of authorized users for whom access rights have been purchased in accordance with this Agreement. Each authorized user purchased must have a unique username in the system. Sharing of usernames is expressly prohibited and in violation of this agreement.
- SECURITY. If You have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Services), you must promptly change the affected Registration Information and notify GammaWorks via the ‘Contact Us’ page in the GammaWorks’ site(s) (the “Site”). If you install any software or enable any service that stores information from the Services on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
- USE OF THE SERVICES. Unless otherwise specified, the Services are solely intended for your internal business purposes only. You agree to use the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not, nor attempt to do, any of the following with respect to the Services, except as expressly authorized or enabled by GammaWorks: (a) Access the Services in a manner or through an interface not provided or authorized by GammaWorks including but not limited to, any automated means (e.g., scripts or bots); (b) Reproduce, duplicate, copy, sell, trade, resell or exploit the Services; (c) Republish or syndicate the information available on the Services.
- USER CONDUCT. You agree not to use the Services to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You hereby represent and warrant that you will not use the Services to violate, misappropriate or infringe rights of third parties, including intellectual property rights.
- COMPLIANCE WITH LAWS AND AGREEMENT. You agree to use the Services only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.
- INTERFERENCE. You agree not to disrupt, overwhelm, attack, modify or interfere with the Services or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Services. You further agree not to alter or tamper with any information or materials on or associated with the Services. Other than connecting to GammaWorks’ servers by http requests using a Web browser, you may not attempt to gain access to GammaWorks’ servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Services or otherwise.
- USER CONTENT. You are solely responsible for the reviews, messages, notes, text, information, business data, photos, profiles, and any other content that you upload, publish or display (hereinafter, “post”) on or through the Services, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Services that you did not create or that you do not have permission to post, transmit, or share. You understand and agree that GammaWorks may, but is not obligated to, review the Services and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of GammaWorks violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Services or provide to GammaWorks.
- OWNERSHIP OF USER CONTENT. GammaWorks does not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials or information of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, trade secrets, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. During the term of the access rights to the Services, You grant to GammaWorks a limited, non-exclusive license to store, copy, use, encrypt, aggregate, modify or display User Content solely to the extent necessary to provide the Services to You. GammaWorks will not use User Content for any other purpose. Upon termination or expiration of this Agreement for any reason, GammaWorks will destroy all User Content in its possession except as required by law unless You request otherwise in writing.
III. INTELLECTUAL PROPERTY
- TITLE. As between the parties, GammaWorks and its licensors retain all right, title, and interest, including, without limitation, all intellectual property rights to the Mobile Client Software and/or the Services. You understand that GammaWorks may modify or discontinue offering the Mobile Client Software or the Services at any time. The Mobile Client Software and Services are protected by the intellectual property laws of the United States and international treaties. This Agreement does not give You any rights not expressly granted herein. You understand that the Mobile Client Software is licensed and not sold, and that you get an access right to the Services not a proprietary interest.
- USE OF MATERIAL. The Services contain material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Services. You may download material from the Services and may use the Services for your personal use only, provided you keep intact all copyright and other proprietary notices.
- OWNERSHIP AND CONTROL. The content, organization, graphics, text, images, video, design, mark-up language, compilation, trademarks, service marks, logos, slogans, advertising and all other material on or used for the Services, including without limitation, the “look and feel” of the Site(s), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of GammaWorks or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
- FEEDBACK. If you provide GammaWorks with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of GammaWorks; (b) GammaWorks shall be able to use and share such Feedback without your consent; (c) GammaWorks owes you no obligation or compensation whatsoever regarding the Feedback; and (d) GammaWorks may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to GammaWorks.
Except as expressly allowed by this Agreement, You will not use or disclose any Mobile Client Software, software or related technology, idea, algorithm or information except to the extent You can document that it is generally available for use and disclosure by the public without any charge or license. User Content is Your confidential information.
- ECONOMIC TERMS
- SERVICES. If You subscribe to the Services, you agree to pay any and all applicable fees (e.g., one time, recurring monthly, annual subscription fees for accounts) incurred in connection with your account at the rates in effect when the charges were incurred. If you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts.
- FREE TRIAL OFFERS. If you receive a free offer for a specific number of days, you will not be charged during the free offer time period. To continue service after the trial period has expired requires a paid subscription.
- NO REFUNDS. Unless we state in writing otherwise, all fees and charges are non-refundable.
- THIRD PARTY CHARGES AND MOBILE ALERTS. You are solely responsible for any fees or charges incurred to access the Services through an internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to You or deducted from Your prepaid balance by Your mobile provider. You agree that GammaWorks is not liable in any way for any third party charges.
- INDEMNIFICATION You agree to indemnify GammaWorks and its affiliates, employees, agents, representatives and third party services providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your submissions, from your unauthorized use of material obtained through the Services, or from your breach of this Agreement, or from any such acts through your use of the Services or the Mobile Client Software(s).
EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMMAWORKS DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, TITLE AND/OR NON-INFRINGEMENT. GAMMAWORKS DOES NOT WARRANT THAT THE PRODUCT(S) OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES OR USE OF THE PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
VIII. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAMMAWORKS, ITS PARTNERS, OR ASSOCIATED ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, INCLUDING USER CONTENT AND/OR USE OF THE SERVICES OR PRODUCTS BY YOU, EVEN IF GAMMAWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF GAMMAWORKS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) FIFTY DOLLARS (AU$50); OR (B) THE TOTAL AMOUNT OF ALL FEES PAID TO GAMMAWORKS BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. YOU HEREBY AGREE TO RELEASE GAMMAWORKS, ITS LICENSORS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODCUT(S) OR SERVICES.
- TERM AND TERMINATION This Agreement shall continue until terminated as set forth herein. You may terminate this Agreement at any time. GammaWorks has the right to terminate and/or suspend your ability to access the Services or any portion thereof, for any or no reason, without notice. Any termination of this Agreement shall terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all equipment, computers, hard drives, mobile devices, networks, and other storage media all copies of the Mobile Client Software. Except for the license and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination.
- EXPORT CONTROLS You shall comply with all applicable export laws, restrictions, and regulations of Australia or foreign agency or authority. You will not export, or allow the export or re-export of the Mobile Client Software(s) in violation of any such laws, restrictions or regulations.
XII. DISPUTE RESOLUTION If a dispute arises between you and GammaWorks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GammaWorks agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a “Claim”) in accordance with one of the subsections below or as GammaWorks and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
- LAW AND FORUM FOR DISPUTES. This Agreement shall be governed by and construed under the laws of the State of NSW within Australia. If you use the Mobile Software outside of Australia, local laws may apply, without regard to the conflicts of law’s provisions thereof, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. You agree that any claim or dispute you may have against GammaWorks must be resolved by a court located in the State of New South Wales, Australia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
- ARBITRATION. For any claim (excluding claims for injunctive or other equitable relief), GammaWorks may elect to resolve the dispute through binding non-appearance-based arbitration. In the event GammaWorks elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider and such arbitration shall be conducted in accordance with such provider’s rules for non-appearance-based arbitration.
Last Updated: 01 Feb 2016
For so long as you agree to these Terms and abide by them, you may use the Site(s). Some of GammaWorks’s other sites, services and tools may have additional terms that we provide to you when you use those sites, services or tools.
- Access to Features of Online Services
Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any software, information and other content that we may from time to time have specifically identified within the Site as available for download (“Downloadable Tools”). Such Tools are also subject to the additional terms provided to you upon download, including without limitation our standard End User License Agreement.
To the extent that any provision of these Terms conflicts with any provision of your other agreements with GammaWorks, the terms of such other agreement shall, as to the subject matter of that other agreement, take precedence over the conflicting terms of these Terms of Service.
- The content of the Site(s) includes, without limitation, (i) GammaWorks’ (and/or one or more of its affiliates’) trademarks, service marks, logos, brands, and brand names, trade dress, trade names and other distinctive identification, and all associated goodwill (collectively “GammaWorks Marks“); (ii) interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork (“Our Technology”); and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, ‘Look and Feel’, and arrangement of the Site(s) (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as “GammaWorks Content“). GammaWorks Content is the property of GammaWorks, its affiliates, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. All property rights shall remain with GammaWorks (and its licensors) with all rights reserved. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any GammaWorks Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from GammaWorks or the owner of such content if GammaWorks is not the owner. Any use of the GammaWorks Marks without GammaWorks’ express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the GammaWorks Content, including any such notices appearing on any GammaWorks Content you are permitted to download, transmit, display, print, or reproduce from the Site(s). Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site(s). With any saving or otherwise copying from the GammaWorks website the terms and conditions for use shall be deemed to be accepted.
- Notwithstanding the foregoing, GammaWorks makes no representation (either express or implied) that the information and opinions expressed on the GammaWorks Site(s) are accurate, complete or up to date. Nothing contained on the Site(s) constitutes financial, legal, tax or other advice.
- Your “Feedback” (meaning means any information you provide to us about the Site(s), as a comment or evaluation) is welcomed and encouraged. You agree, however, that (i) by submitting unsolicited ideas to GammaWorks, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to GammaWorks or any of its employees or representatives automatically become the property of GammaWorks. You agree that any Feedback you provide at the Site(s) shall be deemed to be non-confidential. GammaWorks shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the Services. This includes not displaying, importing, exporting or using any Feedback information off of the Site(s), regardless of purpose.
- General Restrictions on Use
- You may use the Site(s) for your noncommercial personal use and for no other purpose. GammaWorks reserves the right to bar, restrict or suspend any User’s access to the Site(s), and/or to terminate this license at any time for any reason. GammaWorks reserves any rights not explicitly granted in these Terms.
- The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Site(s) to any third-party. You may not modify or create any derivative product based on the Site(s) or the GammaWorks Content. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site(s) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Site(s) or the GammaWorks Content to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the services or servers or networks connected to the Site(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Site(s). Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Site(s) (including, without limitation, robots, spiders or scripts); or (ii) frame the Site(s), place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
- Third-Party Offerings
- Term and Termination
These Terms will become effective and binding when you use the Site(s), when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions or additional terms we place on the Site(s) (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Site(s). We reserve the right to terminate these Terms and your access to the Site(s) at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections B, C(2), last sentence of E, F, and G will survive the termination of these Terms.
- Disclaimers, Limitations and Exclusions of Liability
- No Warranties. The Site(s) and all content related to the foregoing are provided ‘As Is.’ To the fullest extent permissible under applicable law, GammaWorks and its suppliers and affiliates disclaim all warranties, statutory, express or implied. Applicable law may not allow the exclusion of certain warranties, so the above exclusion may not apply to you. GammaWorks and its affiliates do not warrant that your use of the Site(s) will be uninterrupted, error -free or virus free. The submission of any personal information and the download of any Tools or content through or from the GammaWorks Site(s) is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such content or from reliance upon such content, and you are advised to maintain offline backup copies of all content, as we are not contractually obligated to back-up any data or content. GammaWorks is not the provider of, and makes no warranties with respect to, any third-party websistes. GammaWorks does not guarantee the security of any information transmitted to or from the Site(s). No representation or warranty is made that the site(s) provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the Site(s).
- Limitation Of Liability. In no event will GammaWorks or its suppliers or affiliates be liable for any indirect, incidental, consequential, punitive or special damages in connection with these terms, whether or not such damages were foreseeable and even if GammaWorks was advised that such damages were likely or possible. In no event will the aggregate liability of GammaWorks to you for any and all claims arising in connection with these terms exceed one hundred U.S. dollars (AUD $100.00). You acknowledge that this limitation of liability is an essential term between you and GammaWorks relating to the provision of the Site(s) and any content to you, and GammaWorks would not provide access to the Site(s) to you without this limitation. You agree that we will not be liable to you or any other party for any termination of your access to the Site(s) or deletion of content.
- Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GammaWorks, its affiliates, 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 Site(s); (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site(s).
- Miscellaneous Matters
- Copyrights. GammaWorks does not permit copyright infringing activities and infringement of intellectual property rights on the Site(s), and GammaWorks will remove content if properly notified that such content infringes on another’s intellectual property rights. GammaWorks reserves the right to remove content without prior notice.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GammaWorks without restriction.
- Modifications to Terms. We may change these Terms from time to time. Any such changes will become effective when posted on the Site(s). If you object to any such changes, your sole recourse will be to cease using the Site(s). Continued use of the Site(s) following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
- Modifications to Services. We reserve the right to modify the Site(s) at any time without notice. If you object to any changes to the Site(s), your sole recourse will be to cease using them. Continued use of the Site(s) following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site(s) as so modified. We also reserve the right to discontinue the Site(s) at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site(s).
- Legal Disputes. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, Commonwealth of Australia excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against GammaWorks must be resolved exclusively by a state or federal court located in Virginia, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Fairfax County or Alexandria, Virginia, U.S.A. for the purpose of litigating all such claims or disputes.
- Arbitration. For any claim (i) raised by a resident of a country other than the Commonwealth of Australia or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that GammaWorks may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event GammaWorks elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by GammaWorks. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
- Contact Information. If you have any questions or concerns regarding these Terms or the Site(s), please visit our “Contact Us” page. Please report any problems, offensive content, policy violations and/or abuse to us at email@example.com