Earlymark Solutions Pty Ltd (Earlymark) has developed specific Software and web applications that it makes available for use.
These Terms of Use (the “Terms”) and our Privacy Policy govern your access to and use of the Earlymark services and the Earlymark website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, “Services”).
The current version of the Privacy Policy is available at https://earlymark.com/policies/privacy-policy
By using Earlymark’s Services, you are agreeing to these Terms. If you do not agree to these Terms, do not use the Services. If you are using Services on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization’s behalf.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use the Services after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using the Services.
Definitions
User: You, as the User of the Services.
Content: means all data contained in the Services, other than User Data.
User Data: Data inputted by the User.
Earlymark: means Earlymark Solutions Pty Ltd, registered company of Australia (ABN 78 662 962 085).
Software: The online software applications provided to the User by Earlymark as part of its Services.
General
Earlymark Services are provided “AS IS,” for your personal, non-commercial use or internal business purpose only.
Neither the information contained, nor the information provided through the Services are intended, and accordingly shall not be relied upon, either as a substitute for professional advice or judgement, or to provide legal or other advice with respect to any particular circumstance.
Ealymark incorporates Content and features to assist in your material descriptions. These descriptions are a starting point only and must be reviewed by you for your specific project suitability and content. Details on the system may be out of date from time to time and we provide no guarantees of its accuracy or content.
Users shall, at all times, act in accordance with these Terms.
User Subscriptions Terms
Earlymark grants to the User a non-transferable, non-exclusive right, without the right to grant sublicenses, to permit the use the Services and documentation solely for internal business operations and for no other purpose.
The User agrees to:
- Provide accurate registration information that is true, accurate, current and complete; and maintain such accuracy of information promptly.
- Not use more than one User per User Subscription;
- keep a secure password for use of the Software provided and that each User shall keep this password confidential;
- not reproduce in any form, any part of any Services, the Content or any materials or software used or created except as expressly provided for in these Terms.
- Not transmit or distribute any Viruses, or anything that could be considered harmful, threatening, offensive, harassing, obscene, illegal, sexually explicit, violent, discriminatory, or a direct encouragement to hurt a person or a person’s property.
- permit Earlymark or its designated auditor to audit and/ or monitor the Software use in order to establish the identity of each User;
You may only use Earlymark as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
- Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from Earlymark, or use Earlymark in any way other than through our publicly supported interfaces;
- Access, tamper with, or use non-public areas of Earlymark, Earlymark’s computer systems, or the technical delivery systems of Earlymark’s providers;
- Probe, scan, or test the vulnerability of any Earlymark system or network or breach any security or authentication measures;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide Earlymark;
- Plant malware or use Earlymark to distribute malware;
- Violate the privacy of others;
- Violate any applicable law or regulation;
- Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
- Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others’ rights;
- Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing Earlymark, or introducing any other material or content which is malicious or technologically harmful;
- Attack Earlymark via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of Earlymark;
- Attempt any of the above, or encourage or enable any other individual to do any of the above.
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Earlymark reserves the right to refuse any User access to its Services.
User Data
The User affirms to Earlymark that the User Data will not violate the intellectual property rights or any other legal rights and will not break the provisions of any law, regulation, or statute in any jurisdiction under applicable laws.
The User is responsible for the User Data and expressly agrees to reimburse Earlymark for any and all losses that we may suffer because of your breach of these Terms, including any third party’s intellectual property rights, or applicable law.
The User agrees to create a backup copy of data daily, sufficient enough to be restored should it need be. Earlymark is not responsible for any lost data the User incurs due to improper use, misuse, nor are they responsible for lost data incurred from a blackout or Virus.
Earlymark shall follow its standard archiving procedures for User Data held within its Software. In the event of any loss or damage to User Data, the User’s sole and exclusive remedy against Earlymark shall be for Earlymark to use reasonable commercial endeavours to restore the lost or damaged User Data from the latest back-up of such User Data maintained by Earlymark. Earlymark shall not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party.
Proprietary Rights
No term in this Agreement allows the transfer or assignment of any intellectual property rights from Earlymark to the User or from the User to Earlymark. Earlymark owns 100% of the Services and Documentation included in this Agreement.
The Earlymark logos and all other Earlymark trademarks, product names, and trade names logos appearing in, on or in connection with the Services are owned by Earlymark. The User may not use or display any such trademark, product name, trade name, or logo without Earlymarks’ prior written consent.
The User grants to Earlymark a non-exclusive, transferrable, royalty free licence, including the right to sub-licence, to use, copy, modify, reproduce, publish, adapt, re-use, distribute, communicate and host the User Data.