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Terms of Use

The services that FoxyUtils provides to you are subject to the following Terms of Use (“TOU”). The most current version of the TOU can be accessed by clicking on the “Terms of Use” link located at the bottom of our Web pages.

Part 1. Applies to all users:

1. Who we are: “FoxyUtils” (“us” or “we”) is a trade name and registered service mark of FoxyUtils ehf., an Icelandic private limited liability company, that owns and operates the website with the URL: https://foxyutils.com (the “Website”). We currently operate 12 services (“apps”) that are accessible through our website. FoxyUtils also owns the domains mergepdf.net and splitpdf.net that redirect to our FoxyUtils MergePDF and SplitPDF apps respectively.

2. Purpose: The purpose of these Terms of Use (this “Agreement”) is to set forth the terms and conditions under which you are permitted to use our online Apps that are designed for PDF file manipulation (the “Services”).

3. User types: Users of our site that are not registered and are not subscribed to a plan will be referred to as “Anonymous Users” in this Agreement. Users that are registered with an account will be referred to as “Registered Free Users” and/or “Registered Users”.

4. Changes: We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and putting a notice about it on our Blog and/or by sending an email to the last email address you have given to us, if you are a registered user. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.

Part 2. Applies to all Registered Users:

5. Account and password: You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.

Part 3. Applies to all Users:

6. Proprietary rights owned by us: You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.

7. Proprietary rights owned by you: You represent and warrant to us that you will not add or upload any content to the Website unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy rights.

8. No warranties: to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.

9. Limitation of liability: to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

10. Indemnity: You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.

11. Attorney fees: In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney’s fees in addition to any damages or other relief which we may be awarded.

12. Disclaimers: We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users. Use of any of the Apps and our website is at your sole risk.

13. Compliance with law: In using the Services, you agree that you will comply with all applicable laws.

14. Applicable law and jurisdiction: This Agreement will be governed by the laws of the Country of Iceland. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Reykjavik, Iceland and agrees that that party is subject to the jurisdiction of such courts in such locality.

15. Severability: The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

16. Interpretation: The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

17. Amendments: No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Use or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the “Additional Terms.”) The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.

18. Privacy policy: You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy (accessible here and at the bottom of all our pages). In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.

19. Further actions: You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

20. Notification of security breach: In the event of a security breach that may affect you, we will notify you of the breach and provide a description.

21. Amendments: No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.

22. Notices: Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us at [email protected].

23. Entire agreement: The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.

24. No unlawful or prohibited use: As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers, or the network(s) connected to any of our server, or interfere with any other party’s use of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means.

25. Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 


Last updated: April 19th, 2016.
FoxyUtils.