ReFork | Terms of Use
THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING
AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF") AND ReFork ("OUR,"
"US," "WE" OR "ReFork") AND OUR SUPPLIERS, WHICH GOVERNS YOUR USE OF OUR
INTERNET-BASED SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS,
MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD
PARTIES ( COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY
PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE
SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING
TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH
THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY
TO USERS 13 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 13 YEARS OLD, PLEASE
DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT
ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE
DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY
MANNER.
1- Your Registration Obligations
Should you choose to register with ReFork, you agree to provide true,
accurate, current and complete information about yourself as prompted by the
Service registration process (such information being the "Registration Data").
You further agree that, in providing such Registration Data, you will not
knowingly omit or misrepresent any material facts or information and that you
will promptly enter corrected or updated Registration Data via the Service, or
otherwise advise us promptly in writing of any such changes or updates. You
further consent and authorize us to verify your Registration Data as required
for your use of and access to the Service, as applicable. You agree that you
will not allow another person to use your account to access and use the Service
under any circumstances.
You agree to immediately notify us of any unauthorized use of our service or any
other breach of security known to you.
2- ReFork Privacy policy
ReFork takes your privacy seriously and operates under the policies and
principles outlined in its Privacy Policy, which contains important information
and disclosures relating to the collection and use of your personally
identifiable information in connection with your use of the Service. Our Privacy
Policy is set forth here.
3- Termination
3-1 We may terminate this Agreement, restrict, suspend or terminate your use of
the Service immediately and without notice or liability, if you violate, breach
or fail to comply with this Agreement in any way, and it will not limit any
other rights or remedies which are available to us. Without limitation of any
other provisions hereof regarding termination, we reserve the right to terminate
your use of the Service, without cause, upon reasonable notice.
3-2 You may terminate this Agreement by ceasing to use Service. Termination is
your sole right and exclusive remedy if you are not satisfied with the Service.
3-3 Termination of this Agreement shall not relieve you of any obligations to
pay accrued charges.
4- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT
MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE
SERVICE, THE ReFork SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH
THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
(WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY
WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO
REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES
DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE,
RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER
HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
5- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ReFork, ITS
CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE
PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE
BASIS OF THE CLAIM OR WHETHER OR NOT ReFork HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6- Indemnity
You agree to defend, indemnify and hold us harmless against any losses,
expenses, costs or damages (including our reasonable attorneys' fees, expert
fees' and other reasonable costs of litigation or proceedings) arising from,
incurred as a result of, or in any manner related to any claim or action based
upon (a) your breach of, or failure to comply with, the terms and conditions of
this Agreement, (b) your use of the Service, and/or (c) the use of the Service
by any other person using your IDs. We may, in our discretion, participate in
the defense of any such claim or action and any negotiations for its settlement
or compromise. No settlement which may adversely affect our rights or
obligations shall be made without our prior written approval. We reserve the
right, at our own expense and on notice to you, to assume exclusive defense and
control of any such claim or action and then your corresponding indemnification
obligation will end.
7- Objectionable Material
You understand that by using the Service, you may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be
identified as having explicit language. Nevertheless, you agree to use the
Service at your sole risk and that ReFork shall have no liability to you
for content that may be found to be offensive, indecent, or objectionable.
Content descriptions are provided for convenience, and you acknowledge and agree
that ReFork does not guarantee their accuracy.
8- Public Communication
(a) We expect you to use only language appropriate for general conversation,
with no insulting, racist, obscene or sexually explicit remarks; and
(b) You are solely responsible for the content of any transmissions you make to
the Service or any materials you add to the Service (the ''Communications'').
You shall not upload to, or distribute to, or otherwise publish through the
Service any Communication which;
(i) is for commercial purposes or otherwise advertises or solicits for the sale
of goods or services other than for ReFork goods and/or ReFork
services;
(ii) constitutes unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
(iii) is obscene, indecent, pornographic, profane, sexually explicit, or
abusive;
(iv) constitutes or contains false or misleading indications of origin or
statements of fact;
(v) slanders, libels or defames any person or entity;
(vi) causes injury of any kind to any person or entity;
(vii) infringes or violates the intellectual property rights, contract rights,
or any other rights of any third party;
(viii) violates any applicable laws, rules, or regulations; or
(ix) contains software viruses or any other malicious code designed to
interrupt, damage, destroy, or limit the functionality of any computer software
or hardware or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party.
(c) Furthermore, you acknowledge that conduct prohibited in connection with the
Service includes, but is not limited to, impersonation of other people and
breaching or attempting to breach the security of the Service. ReFork
and its affiliates do not endorse or accept any Communications as its own or
representative of its views. We reserve the right, though we do not have the
obligation, to remove without notice any posting that we consider to be in
violation of this Agreement, or to diminish the value of this online community.
This includes postings which defame, insult or harass anyone, or that are in any
way abusive.
(d) You acknowledge and agree that any communications made to or by means of any
portion of the Service are public. You acknowledge that (i) you have no
expectation of privacy in any Communication, and (ii) no confidential,
fiduciary, contractually implied or other relationship is created between you
and ReFork by reason of your transmitting a communication to any area of
the Service.
9- Links to Other Sites
The Service may contain links and pointers to other sites on the Internet that
may be maintained by third parties. Such links do not constitute an endorsement
by ReFork of any third-party Service or any materials contained therein.
ReFork does not control, and is not responsible for, the availability,
accuracy, or currency of such third-party sites or any practices, information,
content, products or services accessible from such third-party sites.
10- Changes or Modifications
We may change or modify this Agreement without notice or liability to you. Your
continued use of the Service shall serve as your consent to any change or
modification hereto.
Effective as of Feb 1, 2013.