Version: July 15th, 2011
Please note that ExtendD may update these Terms from time to time. Each revised version of the Terms will be dated and published on the Website. ExtendD urges the User to regularly review the Terms posted on the Website, and to observe any changes in the Terms. In case of failure to agree with the Terms, ExtendD recommends that the User does not access or use the Website or requests Service. Any future or continued use of the Website and/or Service is governed by the Terms.
ExtendD provides the User with the infrastructure and facilities to register digital files (hereinafter referred to as "File" or "Files") up to 100 megabytes in size via our Website. The process of registration comprises the storage of a unique 'finger print', taken from the uploaded file, by ExtendD. This 'finger print' is stored together with the upload date, file type, file size, the number of pages or the number of lines of code, the generated QR Code, the generated DepotCode ID and the company name, personal name and email address that have been provided.
All types of files may be registered with ExtendD. ExtendD does not store, inspect, open or view the content of the Files that are presented for upload, nor does the Website offer a search function, or a catalogue of the uploaded Files or registrations.
All Files are treated with the utmost confidentiality. The uploaded Files are temporarily stored on ExtendD servers for the duration of the signing process, and are removed immediately after the process is completed. The User may then directly download the signed version of the document from the ExtendD server's internal memory, after which the File(s) are permanently deleted.
Once the User has uploaded the File, they will receive a confirmation email containing the owner details of the registration. The public details of the registration may be requested on the Website, by scanning a QR Code or submitting an ID of a registered File. The public details of the registration will appear, enabling the verification of an identical copy through the use of the stored 'fingerprint'.
During the first 7 days of registration, the basic Service is completely free. Registration for a longer period of time, or the use of special features, are available at a charge.
Once the User has registered a File, and has provided an email address, they will receive a notification email on this address. This notification email contains the owner details:
When a User scans a QR code, or submits an ID of a registered File on the Website, they are able to review the public details, such as:
ExtendD provides the User with the necessary technical tools needed to register the User's Files. ExtendD does not claim ownership or any right of use of the Files registered using the Website. The User has the sole and full responsibility for the uploaded and downloaded Files, as well as the registration of the File(s). By using this Service, the User acknowledges that ExtendD is not, in any way, responsible for any failure of the Service to store registrations, or for the corruption or loss of any data contained in a registration. By using our Service, the User declares that they are authorized to grant ExtendD the non-exclusive, worldwide, royalty-free right (or license) to store and transfer the User's registrations (though not the Files) as part of the Service of ExtendD, including the right to sublicense this right to third parties.
ExtendD respects the User's rights, and asks that the User respects those of ExtendD and third parties. These rights include, but are not limited to, privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. The User is not allowed to use the Services provided by ExtendD to infringe on any rights, including privacy or intellectual property rights, or to promote, enable or facilitate the infringement of these rights.
As a condition to make use of the Services provided by ExtendD, the User agrees to not register any Files that:
In addition, the User agrees not to:
ExtendD provides its Service "AS-IS," without warranty of any kind. Without limiting the foregoing, ExtendD explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. ExtendD offers no guarantee that the Website or Service is available on an secure, uninterrupted, or error-free basis. The User acknowledges that accessing and using the Website or Service is at their own risk. The User also acknowledge and agrees that ExtendD is not responsible for any damages to the User's computer system or the computer system of any third party, resulting from use of the Website or Service.
The User will defend, indemnify and hold harmless ExtendD, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with the User's access to or use of the Website or Service, or the User's violation of these Terms, including any third party claims resulting from the User accessing or using the Website or Service, or the infringement or violation of any third party rights. However, this limitation of liability does not intend to exclude the liability of ExtendD for the intentional and/or deliberate recklessness of ExtendD and/or the management of ExtendD.
In no event and under no circumstances will ExtendD be liable to the User or to any third party for any damages arising out of use of the Website or Service, whether based on guarantees, contracts, unlawful acts (including negligence) or any other legal theory, and whether or not ExtendD has been informed of the possibility of such damage, even if any limited remedy failed to ameliorate the situation. ExtendD will not accept any liability for damages resulting from the attributable failure in the performance of the agreement to provide the Website or Service, or pursuant to an unlawful act or any other reason, including, but not limited to, any incidental, special, consequential damage resulting from or in connection with the use of the Website or Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event ExtendD is liable for damage under mandatory law, ExtendD's aggregate liability to the User for any and all claims arising out of or in connection with the use of the Website or Service will in no event exceed the amount paid by the User for the Registrations to which these damages apply.
The rights and obligations that arise out of or in connection with these Terms shall be construed, governed, interpreted and enforced according to Dutch law. The courts located in Amsterdam, the Netherlands, will be the exclusive jurisdiction and venue of any action pertaining to any subject matter relating to these Terms, unless stipulated otherwise by mandatory Dutch or international laws. The User waives any objection to jurisdiction and venue in the Dutch courts.
These Terms overrule any and all prior oral and written quotations, communications, agreements and deals between the User and ExtendD. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by the User. In the occasion that these Terms shall become partly invalid, the User and ExtendD are obliged to comply with those parts of the Terms that remain valid.
ExtendD B.V. has its statutory seat at and headquarter office at Larserpoortweg 50, Lelystad, the Netherlands. It is registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under number XXXXXX .
For any questions about these terms, please contact ExtendD at email@example.com.