Ontrack Workflow Terms of Use

Acceptance of Terms of Use
Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Ontrack Workflow reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 

Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Ontrack Workflow, and/or its subsidiaries (referred to herein as “Ontrack Workflow”) or the copyrighted property of parties from whom Ontrack Workflow has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Ontrack Workflow reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

 

Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Ontrack Workflow (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Ontrack Workflow does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Ontrack Workflow. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Ontrack Workflow may terminate its service to customers found to be using Ontrack Workflow to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Ontrack Workflow to produce the Products on your behalf.

 

Contest Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Definitions
In these Official Contest Rules (“Rules“), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.

 

“Contest” means the contest, game, sweepstake, promotion, marketing activity or other event specified in the Contest Summary;
“Contest Facilitators” means, collectively, the Organizer and any sponsors arranged by the Organizer;
“Contest Requirements” means the guidelines and criteria that entrants must abide by to be eligible for the Contest;
“Contest Site” means a subdomain of the Site, a domain or website of the Organizer, or, if applicable, an application within Facebook;
“Contest Summary” means the Contest summary page for a particular contest, which specifies certain information for that Contest;
“Organizer” means the organization that organizes and sponsors a Contest, as specified in the Contest Summary;
“Prize” or “Prizes” means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary; “Region” means the region(s) selected in which the Contest is held as specified in the Contest Summary; and
“Site” means www.ontrackworkflow.com any and any services available thereon.

1. Eligibility:
The Contest is FREE to enter and open to all individuals who are legal residents of the Region(s) specified, and have reached the Minimum Age (as specified in the Contest Summary) at the time of their Entry (as defined below) (“you” or “Contestant”). It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of the Contest Facilitators as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the Region(s) specified, or in any country embargoed by the United States, and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations.

2. Agreement to Official Rules:
By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of Ontrack Workflow and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. The Organizer is responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered. CONTESTS are void where prohibited by law.

3. Contest Period:
The Contest opens on the date and time specified in the Contest Summary, and ends on the date and time specified in the Contest Summary (the “Contest Period“). Ontrack Workflow’s computer is the official time-keeping device for the Contest.

4. How to Enter:
To enter the Contest, complete the registration form on the Contest Site with your name, email address, mailing address and any required questions, and then follow the directions specified for the Contest in the Contest Summary during the Contest Period. You must then provide an entry (“Entry“) that fulfills the Contest Requirements (“Contest Requirements“), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries. The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.

5. Terms of Submission:
You may enter the Contest as many times as is specified in the Contest Summary. You may delete your Entry at any time. By participating in the Contest you permit public voting in connection with your Entry.

6. Rights Granted by you:
By entering this Contest, you agree that:

1. the Administrator, Ontrack Workflow, and their respective licensees, successors and assigns will have the right to use all or a part of your Entry, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices and images of all persons appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you; and

2. you agree that you will not now nor in the future be paid for your Entry or for granting any of the rights set out in these Rules.

7. Your Representations and Warranties:
By entering the Contest, you represent and warrant that:

1. your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission;

2. your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;

3. you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules;

4. all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:

1. given you their written consent to submit the Entry without claims for payment of any kind; and

2. provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators; and

5. You have read, understood, accept and agree to be bound by Ontrack Workflow’s Terms of Service set out at https://www.ontrackworkflow.com/terms-of-use and Privacy Policy set out at https://www.ontrackworkflow.com/privacy-policy/, as they may be amended from time to time.

8. Prizes:
The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependent upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.

9. Winner(s):
The winner(s) (“Winner(s)“) of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you on the Registration Form. If you do not respond to the phone or email notification of your selection as a Winner within three (3) days, an alternate Winner will be selected to receive the Prize. All decisions of the Organizer in selecting the Winner (s) are final and binding on all Entrants in all matters relating to the Contest.

10. To Redeem Prize:
Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to execute and return to the Organizer within ten (10) days of the date notice or attempted notice is sent, an Eligibility, Declaration of Compliance with the Rules and Liability & Publicity Release Form (“Declaration and Release Form”) in order to claim the Prize. To be officially declared a Winner, each selected Entrant must first correctly answer, without assistance of any kind, a mathematical skill-testing question. The skill-testing question, along with Declaration and Release Form, will be forwarded to each Winner by email. A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to execute and return the Release Form within the required time period (if applicable), or if the Prize is returned as undeliverable, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner’s agreement and consent that the Contest Facilitators may use the Winner’s name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.

11. Voting:
Online voting begins and ends as stated in the Contest Summary (the “Voting Period“). Anyone who registers on the Contest Site can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:

1. multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
2. technical malfunction of servers or internet connection;
3. user(s) recanting their own votes;
4. technical or content upgrades that render votes incompatible or inconsistent; and
5. inappropriate conduct in promoting votes (spam, harassment, etc.).

12. General Conditions:
The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation. Your personal information will be processed in accordance with Ontrack Workflow’s Privacy Policy, as amended from time to time. You should direct any request to access, update, or correct your personal information to Ontrack Workflow.
You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.

By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest.
Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.

You understand and agree that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, and any comments, questions or concerns regarding the Contest shall be directed to the Contest Facilitators and not to Facebook.

13. Minimum Number of Entrants:
In some cases a minimum number of contest entries are required before a contest can proceed. If a contest does not receive the minimum number of entries before the advertised Contest End Time, Ontrack Workflow reserves the right to cancel the contest.

14. Liability Provisions:
The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control. You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry. The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
The Organizer, Ontrack Workflow and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook, Inc. (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.

CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ONTRACK WORKFLOW RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

15. Choice of Law:
These Rules shall be governed by and construed in accordance with the laws of Georgia, and the laws of the United States, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Contest Facilitators arising out of or connected with this Contest, other than the determination or validity of claims, shall likewise be governed by the laws of Georgia, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.

16. Disclaimer:
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. Any comments or questions about the Contest should be addressed to the Contest Facilitators.

Ontrackworkflow.com Affiliate Partner Rules and Policy
Ontrackworkflow.com has one of the leading affiliate programs for eCommerce, inside the online printing business. It is our goal to make our affiliates successful and profitable from the start and our entire team is able and willing to assist with any concerns or questions. We offer a tiered commission approach that changes omission rates based on the success of the Affiliate. The more sales an affiliate generates, the higher the commission rate will be. In order to participate in the Ontrackworkflow.com Affiliate Program, applicants will need to agree to the terms and conditions of this policy document.

By participating in the Program, the Affiliate agrees:

1. That the Affiliate’s relationship with Ontrackworkflow.com is non-exclusive.
2. To comply with all applicable laws and regulations, whether foreign, federal, state or local, applicable to the activities performed here-under.
3. Not to engage in use of misspelled brand names or terms in either domain or interaction with customers. (ie. You cannot use our brand name or any variations of it.)
4. Not to own a domain which includes a Ontrack Workflow trademark.
5. Not to use sites under construction, sites that show or cause any type of error, doorway pages, sites or pages with automatic redirect.
6. Not to operate or utilize a website, or email a link to a website, which contains or promotes the following types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-related, illegal, cracking, hacking, anti-brand messaging or that offer illegal goods or services.
7. To comply with Ontrack Workflow trademark, copyrighting and other intellectual property criteria and requirements.
8. To acknowledge that Ontrack Workflow owns and will retain all rights, titles, and interests in all Ontrackworkflow.com content, including, without limitation, any proprietary rights which may be developed in the future.
9. Not to use copycat sites, or use any content or images from any Ontrack Workflow property, except for content and images which have been expressly allowed for use by Affiliate partners.
10. Not to promote Ontrack Workflow products using spam or unsolicited commercial email.The Affiliate represents and warrants the following provisions:each addressee on an e-mail list has opted-in to receive e-mails from the Affiliate;upon request by Ontrack Workflow staff, the Affiliate will promptly provide verified opt-in statuses for all recipients of all current mailing lists used to promote Ontrack Workflow products; each e-mail sent by the Affiliate will contain clear instructions for addressees to unsubscribe from receiving future e-mails. The Affiliate must not use any Ontrack Workflow brand name or typos in the “From” address line. All Affiliate e-mail correspondence must contain the Affiliate’s e-mail addresses.
11. Not to commit fraud or submit fake transactions.
12. Not to use adware and/or malware to promote Ontrack Workflow products. The use of parasites (programs that steal traffic from legitimate Affiliates) is strictly prohibited.
13. Not to promote Ontrack Workflow through means of a customer downloaded application that interrupts the sales journey, without securing an opt-in from Ontrack Workflow or its representative. Examples of this are rebate catching tools which alert the user when they land on the merchant website that discounts or cashback are available. If the Affiliate is in any doubt about whether the application is acceptable or not, they should contact the staff at Ontrack Workflow.
14. Not to bid for search engine traffic using the terms “Ontrack Workflow” or similar Ontrack Workflow marks, or any misspellings of any brand term. The Affiliate also agrees not to include the above mentioned keywords in the display URL for purchased keywords. Misspellings include those with missing characters, extra characters, wrong character sequences, and where the wrong key is pressed. It is prohibited to bid on competitors’ brand terms. Affiliates must endeavor to remain below Ontrack Workflow’s own paid search ad at all times.
15. Not to target target overseas traffic. This affiliate program is for US customers only.
16. Not to use a web site that is confusingly similar to the official Ontrackworkflow.com website, or which may mislead third parties into thinking the Affiliate is Ontrack Workflow or an official partner of Ontrack Workflow. This includes copying and framing any of the Ontrack Workflow web pages.
17. To acknowledge that Ontrackworkflow.com owns and has exclusive rights to any and all customer information which comes into the Affiliate’s possession as a result of, or relating to, the Ontrack Workflow Affiliate Program.
18. That Ontrack Workflow may amend the Rules and Policies at any time by publishing a new version on the Ontrackworkflow.com website. Continued participation in the Program following the effective date of a new version will constitute the Affiliate’s acceptance of the new version, and all amendments to the prior forms of the Rules and Policies. If any amendment made by Ontrack Workflow is unacceptable, the Affiliate will acknowledge this by exiting the Affiliate Program.
19. That Affiliate’s participation in the Program is at Ontrack Workflow’s sole discretion. Ontrack Workflow may terminate the Affiliate’s participation in the Program with fourteen (14) days’ notice, or immediately in the case of a breach of the Affiliate Program Rules and Policies.

Your participation in the Affiliate Program constitutes your consent on this document and its guidelines. We reserve the right to cancel any affiliate at any time.