Please Note: UPDATED EFFECTIVE October 15, 2017
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Sites, Services or Apps. The “Update Effective” date above will tell you when these Terms were last revised. By continuing to use this Sites, Services or Apps after that date, you agree to the changes.
In the event that an App provided by us is used or installed on a portable devices, such as but not limited to an Apple® or Android® or Fire® device, the terms of this agreement are between Datacolor and you only, and not with any third party device manufacturer or supplier. Datacolor is solely responsible for the Site, Services or Apps and the content thereof.
If you install or use our Site Services or Apps, including any accompanying documentation on a mobile device (” Mobile App”), we grant you a limited, non-transferable right to install and use the App on a single authorized device located in the United States and its territories or in another country where we may offer the Mobile App. You may use the Mobile App for your personal, non-commercial and entertainment purposes only.
You agree to also comply with any App Store Terms of Service. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Mobile App. We will not provide you with a mobile phone or computing device, internet access or wireless connection in order to use the Mobile App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
In the event of any failure of the Mobile App to conform to any applicable warranty, you agree that you may notify the Supplier of the Mobile App (such as the Apple® App Store, or Google Play®), and the Supplier may refund the purchase price for the Mobile App to you; and that, to the maximum extent permitted by applicable law, the Supplier may have no other warranty obligation whatsoever with respect to the Mobile App. You agree that any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Datacolor.
By using the Mobile App you acknowledge that Datacolor, not a Third Party Supplier (Apple, Google, etc.), is responsible for addressing any claims of the end-user or any third party relating to the Mobile App or the your possession and/or use of that the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. However, you acknowledge that any liability on behalf of Datacolor is strictly limited by the terms of this Agreement, so long as those terms do not conflict with any applicable law.
By using the Mobile App, you agree that in the event of any third party claim that the Mobile App or your possession and use of Mobile App infringes any third party’s intellectual property rights, Datacolor and not any Supplier will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Mobile App you acknowledge and agree that a Supplier, and any Supplier’ subsidiaries, are third party beneficiaries of the this agreement, and that, upon your acceptance of the terms and conditions of the this Agreement, the Suppler will have the right (and will be deemed to have accepted the right) to enforce the terms of this agreement against you as a third party beneficiary thereof.
The Sites, Services or Apps are not intended for children under the age of 13 and no person under the age of 13 may use the Sites, Services or Apps.
You will be required to register for an account to use certain features of the Sites, Services or Apps. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. You will be responsible for the confidentiality of your account registration information, and for all activities (including commercial transactions) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to your disclosure of your account registration information to third parties. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change account registration information if we believe your account is no longer secure. You will have no ownership in your account registration information. We may refuse registration, cancel an account or deny access to the Sites, Services or Apps for any reason.
You agree that you will comply with all applicable laws, rules and regulations, and that you, where applicable, will not:
The Sites, Services or Apps and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Sites, Services or Apps (collectively, the “Content”) is owned by us or our licensors. We have copyright rights in the Sites, Services or Apps and Content. We may change the Content and features of the Sites, Services or Apps at any time.
So long as you adhere to the terms of this agreement, we grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use the Sites, Services or Apps and its Content as permitted by these Terms, as a condition precedent, you agree that you will not:
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Sites, Services, Apps or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section or exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site, Apps and Content, and infringes our copyrights and other rights in the Sites, Services or Apps and Content. You will not acquire any ownership rights by using the Sites, Services or Apps or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Sites, Services or Apps are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by writing:
5 Princess Road
Lawrenceville, NJ 08648
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Sites, Services or Apps infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Sites, Services or Apps that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Sites, Services or Apps; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to:
There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
We cannot prohibit minors from visiting our Sites, Services or Apps, and must rely on parents and guardians to decide what transactions to enter into. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov and http://kids.getnetwise.org. We do not endorse the products or services listed at these Sites, Services or Apps.
The Sites, Services or Apps is directed to people residing in the United States. We do not represent that Content available on or through the Sites, Services or Apps is appropriate or available in other locations. We may limit the availability of the Sites, Services or Apps or any service or product described on the Sites, Services or Apps to any person or geographic area at any time. If you choose to access the Sites, Services or Apps from outside the United States, you do so at your own risk.
Violation of these Terms We may investigate any violation of these Terms, including unauthorized use of the Sites, Services or Apps. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Sites, Services or Apps at any time without notice to you. If that happens, you may no longer use the Sites, Services or Apps or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Sites, Services or Apps or to your account or any related information, and we will not be required to make the Sites, Services or Apps or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the Sites, Services or Apps may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Sites, Services or Apps are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
WE PROVIDE THE SITES, SERVICES OR APPS AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITES, SERVICES OR APPS UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITES, SERVICES OR APPS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITES, SERVICES OR APPS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITES, SERVICES OR APPS, THE USER CONTENT AND DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES, SERVICES OR APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:
If anyone brings a claim against us related to your use of the Sites, Services or Apps, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Any claim relating to the use of the Site Services or Apps shall be filed in a federal or state court located within New York County, New York, and we both consent to the jurisdiction of those courts for such purposes.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
If you have any questions, comments or complaints regarding these Terms or the Sites, Services or Apps, please contact us at:
Email: email@example.com or by phone at 770-664-8555