FormShare Terms of Service

Last Updated: September 24, 2019

Thank you for using FormShare! We are happy you are here. Please read this Terms of Service agreement carefully before accessing or using FormShare. Because it is such an important contract between us and our users, we have tried to make it as clear as possible.

A. Definitions

  1. The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the FromShare Privacy Statement, available at https://formshare.org/privacy) and procedures that we may publish from time to time on the Website.
  2. The "Service" refers to the applications, software, products, and services provided by QLands.
  3. The "Website" refers to FormShare's website located at https://formshare.org/ and all content, services, and products provided by QLands at or through the Website. It also refers to QLands-owned subdomains of qlands.com. Occasionally, websites owned by QLands may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  4. "The User," "You," and "Your" refer to the person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account, or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age. Special terms may apply for business or government accounts (See Section B(5): Additional Terms).
  5. "FormShare," "We," "QLands", and "Us" refer to QLands Technology Consultants S.A. registered in Costa Rica with number 3-101-482087, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
  7. An "Account" represents your legal relationship with QLands. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on FormShare.

B. Account Terms

1. Account Controls

  • Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.

2. Required Information

You must provide a valid email address to complete the signup process. Any other information requested, such as your real name, could be optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

3. Account Requirements

We have a few simple rules for User Accounts on FormShare's Service.

  • You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
  • One person or legal entity may maintain no more than one free account.
  • You must be age 18 or older. If we learn of any User under the age of 18, we will terminate that User's Account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
  • You may not use FormShare in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use FormShare if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service. We offer enough security for accessing your Account, but the content of your Account and its security are up to you.

  • You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who collaborate with your Account).
  • You are responsible for maintaining the security of your Account and password. QLands cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify QLands if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

5. Additional Terms

In some situations, third parties' terms may apply to your use of FormShare. For example, you may download an application that integrates with FormShare; or you may use FormShare to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

If you are a government User or otherwise accessing or using any QLands Service in a government capacity, you would need a Government Terms of Services that could be requested at info@qlands.com.

C. Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service follows the laws and any applicable regulations.

You agree that you will not under any circumstances violate our Acceptable Use Policies.

D. User-Generated Content

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. QLands May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any QLands terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses or regulations like GDPR relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other FormShare Users — certain legal permissions, listed in Sections D.4 and D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting QLands the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 and D.5. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you, your collaborators and assistants; parse it into a search index or otherwise analyze it on our servers.

This license does not grant QLands the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant QLands the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us at copyright@qlands.com. If you are a copyright owner and you believe that content on FormShare violates your rights, please contact us by emailing copyright@qlands.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

F. Intellectual Property Notice

1. QLands Rights to Content

QLands and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © QLands Technology Consultants S.A.

2. FormShare Trademarks and Logos

If you'd like to use FormShare's trademarks, you must contact us at info@qlands.com.

3. License to QLands Policies

This Agreement is licensed under this Creative Commons Zero license.

G. Payment

1. Pricing

The FormShare service is free for now but this may change at any time. We, however, will notify you of any change under the terms listed in section M on this agreement.

H. Cancellation and Termination

1. Account Cancellation

It is your responsibility to properly cancel your Account with FormShare. You can cancel your Account at any time. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request at formshare_support@qlands.com within 90 days of cancellation, termination, or downgrade.

3. QLands May Terminate

QLands has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. QLands reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

I. Communications with QLands

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to QLands Must Be in Writing

Communications made through email or FormShare Support's messaging system will not constitute legal notice to QLands or any of its officers, employees, agents or representatives in any situation where notice to QLands is required by contract or any law or regulation. Legal notice to QLands must be in writing.

3. No Phone Support

FormShare only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

J. Disclaimer of Warranties

QLands provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

QLands does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

K. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy outlined in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

L. Release and Indemnification

If you have a dispute with one or more Users, you agree to release QLands from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that QLands (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases QLands of all liability); and (3) provides to you all reasonable assistance, at your expense.

M. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days before the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

N. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and QLands and any access to or use of the Website or the Service are governed by the laws of Costa Rica, without regard to conflict of law provisions.

2. Non-Assignability

QLands may assign or delegate these Terms of Service and/or the QLands Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you are void.

3. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of QLands to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of QLands, or by the posting by QLands of a revised version following Section M. Changes to These Terms. These Terms of Service, together with the QLands Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and QLands relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Please send us an email to info@qlands.com