Docstoc

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网站介绍：Docstoc – Documents, Templates, Forms, Ebooks, Papers & PresentationsDocstoc is a community for people to find and share professional documents. Find free legal documents and free business documents.What is Docstoc?Docstoc is the premier online community and marketplace to find and share professional documents. Docstoc provides the platform to upload and share documents with the world, and serves as a vast repository of free and for purchase legal, business, financial, technical, and educational documents that can be easily searched, previewed and downloaded. Docstoc also provides technology through various APIs and Widgets to help facilitate the sharing and promotion of documents across the web. The site has popularized the use of embedding documents throughout the blogosphere and mainstream media. You can learn more about embedding documents here.Docstoc, Inc was founded by Jason Nazar (bio) and Alon Shwartz (bio). The company was sel ected in September of 2007 to debut its product at the prestigious TechCrunch40 Conference. The product was subsequently launched to the public in November 2007.Docstoc is a venture backed company (Rustic Canyon) and received funding fro m the co-founders/investors in MySpace, LowerMyBills, Mp3.com, PriceGrabber and Baidu. Their legal counsel is DLA Piper. The company is located in Santa Monica, CA.docstoc terms of serviceDOCSTOC, INC. (\"DOCSTOC\", \"WE\" OR \"US\") Internet web site Terms of Use THE TERMS AND CONDITIONS SET FORTH BELOW (THE \"TERMS\") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL USER OF AT LEAST 13 YEARS OF AGE (\"YOU\" OR, COLLECTIVELY, \"USERS\"), AND DOCSTOC AND GOVERN YOUR ACCESS TO, AND USE OF, THE DOCSTOC WEBSITE LOCATED AT docstoc TOGETHER WITH THE SERVICES --AILABLE THROUGH THIS SITE (THE \"SITE\"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. 1 ELIGIBILITY.The Site is not available to persons under the age of 13 or to any users previously suspended or removed fro m the Site by DOCSTOC. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND H--E NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. The content on the Site is only available for personal noncommercial use for end users only, any other use is prohibited. 2 MODIFICATION OF TERMSDOCSTOC MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. DOCSTOC CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO H--E ACCEPTED THE CHANGE. 3 NOTICEDOCSTOC may provide You with notices, including those regarding changes to DOCSTOC \'s terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless DOCSTOC is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Site. In such case, notice will be deemed given three days after th date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting. 4 DOCSTOC LICENSE GRANTDOCSTOC provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the \"Materials\") that are not User Content (as defined below) are provided to You by DOCSTOC and are the copyrighted and/or trademarked work of DOCSTOC or DOCSTOC\'s contributors. DOCSTOC grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the services of this Site solely for Your own personal or internal business use. Except for the license set forth in the preceding sentence above, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or the Materials. 4.1 License Grant to Upload Subject to Your compliance with the terms and conditions set out in these Terms, DOCSTOC hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for the uploading, submitting, posting, distributing or otherwise making available authorized digital content, including electronic documents, information, messages, comments or other content or material (\"User Content\"). Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of DOCSTOC to protect User Content with security measures, DOCSTOC cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will DOCSTOC be liable for any copying or usage of the User Content not authorized by DOCSTOC. 4.2 License Grant to Download Subject to Your compliance with the terms and conditions set out in these Terms, DOCSTOC hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through the Site subject to the license under which such User Content is distributed. 4.3 Reservation of Rights DOCSTOC reserves all rights not expressly granted in these Terms. 4.4 Prevention of Unauthorized Use DOCSTOC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. 5 USER CONTENT LICENSE GRANT; REPRESNTATIONS AND WARRANTIES 5.1 Retention of Ownership You retain all of Your ownership rights in User Content owned by You. 5.2 License Grant to DOCSTOC Unless otherwise agreed to in a separate written agreement between You and DOCSTOC signed by an authorized representative of DOCSTOC: a) By distributing or disseminating User Content through the Site, You hereby grant to DOCSTOC a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by DOCSTOC. Such license will apply to any form, media, or technology now known or hereafter developed. b) Subject to section 5.3, below, the license granted by You in Section 5.2(a), above, terminates as to a specific piece of User Content once You remove or del ete such User Content fro m the Site. c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played. 5.3 License Grant to Other DOCSTOC Users. By distributing or disseminating User Content through the Site, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and the Site. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or del ete such User Content fro m the Site provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content fro m the Site survive any termination or expiration of the license granted in this section. 5.4 User Content Representations and Warranties. You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize DOSCTOC and DOCSTOC\'s Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by DOCSTOC and these Terms; (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. DOCSTOC reserves all rights and remedies against any Users who violate these Terms. 5.5 User Content Disclaimer You understand that when using the Site You will be exposed to User Content fro m a variety of sources, and that DOCSTOC is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against DOCSTOC with respect thereto. DOCSTOC does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and DOCSTOC expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, DOCSTOC may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, DOCSTOC does not permit copyright infringing activities on the Site. 6 PRIVACY POLICY a) Your use of this Site is governed by the DOCSTOC’s privacy policy (the \"Privacy Policy\"), which is available here and is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to DOCSTOC’s collection, use, and disclosure of Your personal information. b) Users who utilize the DocStore service, a service that allows Users to buy and/or sell User Content through the Site (the \"DocStore\"), are bound by the DocStore Terms of Use in addition to these Terms. The DocStore Terms of Use is available here and is hereby incorporated by reference into these Terms. 7 PASSWORD RESTRICTED AREAS OF THIS SITE You may to register for a password to log in to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify DOCSTOC if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your account. You agree to immediately notify DOCSTOC of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. . If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your username, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify DOCSTOC. You may be liable for the losses incurred by DOCSTOC or others due to any unauthorized use of Your account. 8 THIRD PARTY CONTENT Certain information and other content that are not User Content may be provided by third party licensors and suppliers to DOCSTOC (\"Third Party Content\"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on Your personal computer solely for Your personal use. You acknowledge and agree that You have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless You have permission fro m the owner of the Third Party Content. DOCSTOC DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 9 LINKS TO THIRD PARTY SITES This Site may be linked to other sites that are not DOCSTOC sites (\"Reference Sites\"). DOCSTOC is providing these links to You only as a convenience, and DOCSTOC is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk. 10 USER CONTENT You acknowledge that You are responsible for the User Content that You submit, upload, post or otherwise make available on or through the Site, through the services available in connection with this Site, and that You, and not DOCSTOC, have full responsibility for Your User Content, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the DOCSTOC Privacy Policy, You agree that (a) Your User Content that is a document provided by You in connection with this Site is provided pursuant to the specific Creative Commons License that You sel ect when You upload or post Your User Content and (b) User Content that is not a document provided by You in connection with this Site is provided on a non-proprietary and non-confidential basis and You agree that DOCSTOC is free to use such User Content for the purpose of providing You with the associated services and You grant DOCSTOC a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the User Content. You further agree that You will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting fro m any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting fro m Your User Content. You represent and warrant that: (i) You own all User Content posted by You on or through this Site or otherwise have the right to grant the licenses to DOCSTOC set forth in this section, and (ii) the posting of Your User Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by You to or through this Site. When submitting User Content to or otherwise using this Site and/or the services, You agree not to, without limitation: 　 * Use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Site as such services are offered by DOCSTOC; 　 * Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials; 　 * Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 　 * Use racially, ethnically, or otherwise offensive language; 　 * Discuss or incite illegal activity; 　 * Use explicit/obscene language or solicit/post --ually explicit images (actual or simulated); 　 * Post anything that exploits children or minors or that depicts cruelty to animals; 　 * Post any copyrighted or trademarked materials without the express permission fro m the owner; 　 * Disseminate any unsolicited or unauthorized advertising, promotional materials, \'junk mail\', \'spam\', \'chain letters\', \'pyramid schemes\', or any other form of such solicitation; 　 * Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons\' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity; 　 * Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; 　 * Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Content, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or User Content; 　 * Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 　 * Modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 　 * Intentionally interfere with or damage operation of the Site or any user\'s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; 　 * Relay email fro m a third party’s mail servers without the permission of that third party; 　 * Use any robot, spider, scraper or other automated means to access the Site, except for accessing RSS feeds; 　 * Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site; 　 * Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 　 * Post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts fro m the DOCSTOC experience; 　 * Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and 　 * Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site. This list of prohibitions provides examples and is not complete or exclusive. DOCSTOC reserves the right to (a) terminate Your access to Your account, Your ability to post to this Site (or the services) and (b) refuse, del ete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that DOCSTOC determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. DOCSTOC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at DOCSTOC\'s discretion, DOCSTOC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require DOCSTOC to monitor, police or remove any User Content or other information submitted by You or any other user. 11 UNAUTHORIZED ACTIVITIES User Content and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold DOCSTOC and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless fro m and against any and all costs, damages, liabilities, and expenses (including attorneys\' fees and costs of defense) DOCSTOC or any other indemnified party suffers in relation to, arising fro m, or for the purpose of avoiding, any claim or demand fro m a third party that Your use of this Site or the use of this Site by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. 12 PROPRIETARY RIGHTS DOCSTOC is a trademark of DOCSTOC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of DOCSTOC, Copyright ? 2009 DOCSTOC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. 13 COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION DOCSTOC respects the intellectual property rights of others, and we ask You to do the same. DOCSTOC may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide DOCSTOC\'s designated agent the following information: 　 * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 　 * Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. 　 * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit DOCSTOC to locate the material. 　 * Information reasonably sufficient to permit DOCSTOC to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted. 　 * A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. 　 * A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DOCSTOC\'s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: By mail: Docstoc, Inc. 1317 5th Street, Suite 300 Santa Monica, CA 90401 By e-mail:[email protected] Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 14 DISCLAIMER OF WARRANTIES YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS, USER CONTENT NOR THE THIRD PARTY CONTENT H--E BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY DOCSTOC, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. DOCSTOC DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, USER CONTENT OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. DOCSTOC HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, USER CONTENT AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY DOCSTOC OR OUR LICENSORS. THIS SITE AND DOCSTOC DO NOT PROVIDE LEGAL ADVICE. THE MATERIALS, USER CONTENT AND THE THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY H--E REGARDING A LEGAL OR FINANCIAL ISSUE. DOCSTOC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION --AILABLE ON OR THROUGH THIS SITE. DOCSTOC, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, USER CONTENT OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE USER CONTENT OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN \"AS IS,\" \"AS --AILABLE\" AND \"WHERE-IS\" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DOCSTOC DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY DOCSTOC HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT \"AS-IS\" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. 15 LIMITATION OF LIABILITY AND DAMAGES15.1 Limitation of Liability DOCSTOC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR USER CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL DOCSTOC BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF DOCSTOC KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DOCSTOC AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES. 15.2 Limitation of DamagesIN NO EVENT WILL DOCSTOC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DOCSTOC AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES. 15.3 Limitations by Applicable LawCERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY H--E ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 15.4 Basis of the BargainYOU ACKNOWLEDGE AND AGREE THAT DOCSTOC HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOCSTOC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOCSTOC. DOCSTOC WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 16 LOCAL LAWS; EXPORT CONTROLDOCSTOC controls and operates this Site fro m its headquarters in the United States of America and the Materials, User Content and/or Third Party Content may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States xport Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license fro m an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries ithout prior approval of such agency. Your rights under this Terms of Use are contingent on Your compliance with this provision. 17 TERMINATION 17.1 DOCSTOCDOCSTOC may, in its sole discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to this Site without notice. DOCSTOC prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by DOCSTOC, may result in immediate termination of Your access to this Site. If DOCSTOC terminates Your access to the Site, DOCSTOC may del ete Your user profile but will not be obligated to del ete any User Content that You have provided in connection with the Site. DOCSTOC has the right to terminate any password-restricted account for any reason. You agree that DOCSTOC will not be liable to You or any third party for any such termination. 17.2 YouYour only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of DOCSTOC in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the Site. 18 INDEMINIFICATIONYou agree to indemnify, save, and hold DOCSTOC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless fro m any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. DOCSTOC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify DOCSTOC, and You agree to cooperate with DOCSTOC\'s defense of these claims. DOCSTOC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. 19 MISCELLANEOUS19.1 Governing Law and JurisdictionCalifornia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Los Angeles County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. 19.2 WaiverDOCSTOC\'s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between You and DOCSTOC and supersede all prior or contemporaneous negotiations, discussions or agreements between You and DOCSTOC about this Site. 19.3 SurvivalUpon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms. 19.4 SeverabilityIf any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated fro m these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.19.5 AssignmentThese Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by DOCSTOC without restriction. Any assignment attempted to be made in violation of these Terms shall be void. 19.6 HeadingsThe heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. 19.7 Entire AgreementThis is the entire agreement between You and DOCSTOC relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by DOCSTOC as set forth in sections 3 and 4 above. 19.8 ClaimsYOU AND DOCSTOC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.Welcome chinese to Docstoc!