Terms of Service for Cometdocs.com (Effective as of February 1, 2009)

These Terms of Service (the "Agreement") set forth the terms and conditions upon which 2153700 Ontario Ltd. (known online and hereinafter referred to as "Cometdocs.com") ("we" or "our company") makes available its file conversion services ("Services") to you ("Customer" or "You"). For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; Your use of the Services is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that Cometdocs.com may revise these Terms of Service from time to time. If we make changes, we will indicate at the top of this page the Terms of Service effective date. By continuing to access or use the Services after Cometdocs.com makes any such revision, you agree to be bound by the revised Terms of Service. These Terms also incorporate the terms of Cometdocs.com's privacy policy.

2153700 Ontario Ltd. (known online as Cometdocs.com) is registered in Ontario, Canada as a Corporation.

1. Definitions
   • 1.1 "Effective Date"
     Means the date which you commence using the Services.
   • 1.2 "Free Account"
     For the free account services, Cometdocs.com shall retain the right to modify the terms of the free account at any time.
   • 1.3 "Services"
     Means the provision of services as selected by you during the conversion process whether anonymously (without signing up) or via our free account (requiring sign-up) and confirmed by email from Cometdocs.com.

2. Description of services

   The Services provide a user the ability to transform a file (a "User File") or multiple files ("User Files") from their original file format to a user-selected file format. The Services operate by storing the uploaded User File(s) on a Cometdocs.com server, converting it/them into a new file format ("Converted File(s)") and then sending to the recipient an email that contains a link to the Converted File(s). The recipient can then access and download the Converted File(s) by clicking on the link. Cometdocs.com provides conversion without sign-up and with sign up. You acknowledge and agree that Cometdocs.com may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may convert through the Services, the maximum number of hours or days that a file will be stored by the Services, and the maximum number of times a user may access the Services in a given period of time. Cometdocs.com reserves the right to change or discontinue any of the Services at any time.

   Subject to all the terms and conditions of this Agreement, Cometdocs.com shall supply the Services to you and grant you a personal, non-transferable, terminable licence to use the Services.

3. Making a Contract with You

   No sign up is required to access the "Free" non-sign up service. All you have to do is provide your e-mail address and accept these Terms of Service.

   To sign-up for a free account, you need to sign up, and provide your name, e-mail address and a password. You will receive an e-mail acknowledging that you now have a free account. At this point a contract between you and Cometdocs.com will be formed.

4. Responsibility for Data

   While we try to ensure that the Services are error free, we cannot guarantee that User Files or Converted Files will not be deleted or lost. You acknowledge and agree that Cometdocs.com will not be responsible for any failure of the Services to convert a User File or store a User File or Converted File. You acknowledge and agree that Cometdocs.com will not be responsible for the deletion of a User File or Converted File stored or processed during the provision of the Services, or for the corruption of or loss of any data, information or content contained in a User File or Converted File. You bear full responsibility for archiving and backing up your User Files and data and sole liability for any lost or irrecoverable User Files or data.

5. Privacy Policy

   Cometdocs.com respects the privacy of others. These Terms of Service incorporate the terms of the Cometdocs.com privacy policy.

6. Copyright Policy

   Cometdocs.com respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights, and expressly prohibited under Cometdocs.com's services.

   Participants of Cometdocs.com's services upload, convert, access and use materials and services at their own risk. Cometdocs.com does not monitor customer content. Cometdocs.com will not be liable for any damages claimed as a result of Cometdocs.com's services, information, or products. Each and every Participant is solely responsible for all materials stored with Cometdocs.com, for accuracy of materials including warranties, and for acquiring all necessary authorizations for hyperlinks and marketing materials. Cometdocs.com makes no express or implied warranty regarding the accuracy, quality, or nature of information that may be obtained by users or participants from the internet through the use of Cometdocs.com's services.

   Cometdocs.com may, at its discretion, remove content, disable and/or terminate the accounts of users and/or deny users future access to Cometdocs.com's services, who may be infringing the intellectual property rights of others or Cometdocs.com, or otherwise potentially expose Cometdocs.com to civil or criminal liability. Should registered users of Cometdocs.com's premium services breach these conditions Cometdocs.com reserves the right to terminate that user's account immediately, without recourse to refunding any monies paid. However, such rights shall in no way create an obligation for Cometdocs.com to edit or review the Website(s) or Content.

7. Proprietary Rights

   All right, title, and interest in and to the Services are and will remain the exclusive property of Cometdocs.com. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively "Materials"), are provided either by Cometdocs.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Cometdocs.com and/or its Third Party Providers.

   The password and log-on details provided to you are confidential to you and you hereby agree that you shall not share such information with any third parties. You shall notify Cometdocs.com forthwith if you are aware of any third party having access to such information.

8. Trademarks

   Cometdocs.com, the Cometdocs.com logo, and all other Cometdocs.com trademarks, service marks, product names, and trade names of Cometdocs.com appearing on the Services are owned by Cometdocs.com. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner's prior written consent.

9. General Prohibitions
   As a condition to your use of the Services, you agree not to:
   • Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
   • Access, tamper with, or use any non-public areas of the Services or Cometdocs.com's computer systems or the technical delivery systems of Cometdocs.com's providers;
   • Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
   • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
   • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
   • Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Cometdocs.com's servers.
   • Impersonate or misrepresent your affiliation with any person or entity.
   • Cometdocs.com reserves the right to close accounts which are shared with other people.

   Cometdocs.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Cometdocs.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Cometdocs.com has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

10. Links

    The Services may make available links to third-party websites. You acknowledge and agree that Cometdocs.com is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Cometdocs.com of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

11. Disclaimer of Warranties

    THE SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMETDOCS.COM EXPLICITLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, REGARDING SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). COMETDOCS.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT COMETDOCS.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES. IF WE PROVIDE ADVICE OR INFORMATION ON WAYS TO USE THE SERVICE OR WAYS IN WHICH YOUR USE OF THE SERVICES MAY BE IMPROVED, WE ARE NOT OFFERING ANY PROMISE OR GUARANTEE IN ADDITION TO THOSE EXPRESSLY STATED IN THESE TERMS OF SERVICE.

12. Severability

    In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

13. Indemnity

    You agree to defend, indemnify, and hold harmless Cometdocs.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.

14. Limitation of Liability

    Your use of Cometdocs.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, please contact us at support@cometdocs.com. You acknowledge that save for any liability we cannot exclude at law, your sole remedy is to discontinue use of the Services. Cometdocs.com shall not be liable for any , indirect loss, consequential loss of profits, revenue, business opportunity, anticipated savings, goodwill or reputation, use or data , resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute Services; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party using the Service; or (V) any other matter relating to the Services.

15. Notice

    Cometdocs.com may provide you with notices, including those regarding changes to the Services by postings on the Services.

16. Waiver

    The failure of Cometdocs.com to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

17. Miscellaneous
    • 17.1 Relationship
      Customer and Cometdocs.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    • 17.2 Assignment
      Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.
    • 17.3 Force Majeure
      Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Cometdocs.com's control.
    • 17.4 Cometdocs.com Confidential Information
      You represent and warrant to Cometdocs.com that (a) you are not a competitor of Cometdocs.com, (b) you shall keep publicly unannounced information and materials pertaining to Cometdocs.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Cometdocs.com Web site or use of the Cometdocs.com Services to compete with Cometdocs.com in its business.

18. Controlling Law and Jurisdiction

    These Terms of Service and any action related thereto will be governed by the laws of Ontario Canada without regard to its conflict of law provisions. The Ontario courts shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the those courts.

    For the exclusive benefit of Cometdocs.com and to the extent possible in the applicable jurisdiction, Cometdocs.com shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

19. Entire Agreement

    These Terms of Service are the entire and exclusive agreement between Cometdocs.com and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between Cometdocs.com and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Cometdocs.com services, affiliate services or third-party content software or services. Please be aware that Cometdocs.com reserves the right to cancel any transmission they find in violation of any of the above policies.

    If you have any questions about these Terms of Service, please contact Cometdocs.com at support@cometdocs.com.

    Complaints about violators of the Terms of Service Policy should be sent via e-mail to support@cometdocs.com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.