ArcSoft Print Creations - Terms of Use

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    Terms of Use
 

ArcSoft Incorporated ("ArcSoft") makes this website (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site and all services operated by ArcSoft and third parties through the Site available for your use subject to the terms and conditions set forth in this document and any changes to this document that ArcSoft may publish from time to time. These Terms of Use ("Terms") govern your use of the ArcSoft Print Creations website at http://www.printcreations.com/; they do not apply to other online or offline ArcSoft Print Creations websites, products or services of ArcSoft. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY PRODUCTS, SOFTWARE OR INFORMATION, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS.

ArcSoft reserves the right to change these Terms from time to time. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to review these Terms often.

All references to "us," "our" and "ArcSoft" in this Agreement are intended to refer to ArcSoft, Inc. and its affiliate entities. All references to "you," "your" and "user" in this agreement are intended to refer to the user of this Site.

A. Your Use of This Site
You agree not to use this Site for any illegal purpose and to adhere to these Terms. When using this Site, you shall be subject to any guidelines, rules, or licenses found on this Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms.

B. Your Conduct on This Site
You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, threatening, invasive of privacy, infringing of intellectual property rights, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an online review), ArcSoft may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Site. ArcSoft may also disclose any content or electronic communication of any kind: (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate ArcSoft; or (c) to protect the rights or property of ArcSoft, this Site, or its users. You may not use or attempt to use another's account, password, service, or system without authorization from ArcSoft. You agree not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked websites.

We reserve the right to terminate or suspend your access to all or part of this Site, without notice, for any conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the ArcSoft users, the communities that make up this Site, ArcSoft or any third party. Notwithstanding the foregoing, ArcSoft cannot ensure prompt removal of questionable content after online posting. ACCORDINGLY, ARCSOFT DOES NOT ASSUME ANY LIABILITY FOR ANY ACTION OR INACTION BY ARCSOFT WITH RESPECT TO CONDUCT, COMMUNICATION, OR CONTENT ON THIS SITE.

C. Your Use of Software
The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of ArcSoft or a third party. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Any third-party software available to you on this Site shall be governed by the software licenses of the respective third party company and such agreement will be between you and the respective company. Please refer to the applicable license to determine the terms on which the software is provided, the license granted to you, the warranties provided for such software and all other relevant terms. Please review the ArcSoft refund and return policy for information about how to return or receive a refund for ArcSoft software you have purchased on this Site. You will not be able to download, install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on this Site. ArcSoft does not guarantee that any third-party software you download from this Site will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. ArcSoft does not offer any warranty on any third-party software you download from this Site.

D. Intellectual Property
The content, information, software, images, files, logos, service names, graphics, text, documents and services ("Materials") offered on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials on this Site may violate such laws and these Terms. Except as expressly provided herein, ArcSoft and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on this Site or its Materials or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ArcSoft or any third party with a presence on the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

E. Copyrights
ArcSoft is committed to protecting individuals' copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed on this Site or provided to ArcSoft for any reason, including, but not limited to contests, technical support or display on the Site. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

Legal Counsel
ArcSoft, Inc.
46601 Fremont Boulevard
Fremont, CA 94538

Voice: 510-440-9901
Fax: 510-979-5592
legal@arcsoft.com

ArcSoft may request confirmation of the copyright ownership from the submitter. ArcSoft reserves the right to not accept any images or information for any contests or other purposes until such confirmation is received. You acknowledge that any submission may be removed, published, copied, modified, transmitted or displayed by ArcSoft for the purposes of delivering the offered Services. In addition, you warrant that all moral rights in any uploaded materials have been waived. Neither ArcSoft nor any third party using the content in accordance with this section will be obligated to pay you any royalties or other compensation for use of the content.

F. Usage by Children
This Site is not intended for or directed to persons under the age of 13. ArcSoft does not sell software products for purchase by children. We require that use of this Site and all purchases made through it be by individuals who are 13 years of age or older. EACH TIME YOU PURCHASE A PRODUCT, REGISTER WITH THIS SITE OR OTHERWISE PROVIDE INFORMATION TO ARCSOFT, YOU ARE REPRESENTING TO ARCSOFT THAT YOU ARE 13 YEARS OF AGE OR OLDER.

G. Passwords
You agree not to use another user's password or share your password with others. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under such password or account. You agree to (a) immediately notify ArcSoft of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ArcSoft cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

H. Contests
ArcSoft may conduct contests on this Site from time to time. Such contests shall be governed by specific official rules that will be posted by ArcSoft on this Site. Any personal information you submit to ArcSoft for the contest shall be subject the terms of the ArcSoft Privacy Policy. ArcSoft shall have a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world any images you submit to ArcSoft for contests on this Site.

I. DISCLAIMERS
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY ARCSOFT ARE PROVIDED "AS IS" AND ARCSOFT EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ARCSOFT MAKES NO WARRANTY THAT (i) THIS SITE, THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE, THE SERVICES OR THE PRODUCTS WILL BE EFFECTIVE, ACCURATE, RELIABLE OR SECURE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; (iv) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THIS SITE, OR ANY DEFECTS IN THIS SITE, ITS SERVICES OR MATERIALS WILL BE CORRECTED; (v) ANY SOFTWARE DOWNLOADED FROM THIS SITE WILL BE FREE OF COMPUTER VIRUSES AND WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM; AND (vi) THIS SITE DOES NOT INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) ARCSOFT DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS SITE; (ii) ARCSOFT MAKES NO RESPRESNTATIONS OR WARRANTIES WHATSOVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; AND (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

J. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, ARCSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ARCSOFT HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

K. Privacy
Please review our Privacy Policy to understand our practices with regard to any images, data or other information you submit to the Site. You hereby agree that the Privacy Policy governs your visit to this Site and is incorporated in these Terms.

L. Indemnification
You agree to indemnify, hold harmless and defend ArcSoft, its officers, directors, employees, agents, successors, subsidiaries, sublicensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of this agreement by you or anyone acting under your direction, authority or control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password.

M. Changes To This Site
ArcSoft may make changes to the Services, content on this Site or to the products and prices described, at any time without notice. The content, products, prices or Services on this Site may be out of date, and ArcSoft makes no commitment to update the content, products, prices or Services on this Site.

N. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site may refer to products, programs or services that are not available in your country. Contact ArcSoft Support (http://www.arcsoft.com/support) for information regarding the products, programs and services that may be available to you.

This Site is controlled, operated, and administered by ArcSoft from its offices within the United States of America. ArcSoft makes no representation that this Site, or the Services, products or content available through it, are appropriate or available for use at other locations outside the United States, and access to this Site from territories where the Site or any of its Services, products or content are illegal is prohibited. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws where you reside. See the section on export control laws, below, for further information.

O. Export Controls
You agree not to download any content, services or software from ArcSoft or otherwise export or re-export into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country which the United States has embargoed goods or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any content, services or software from ArcSoft, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

P. Government Restricted Rights
This Site contains confidential computer software and technical data. A valid license from ArcSoft is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under ArcSoft's standard commercial license terms.

Q. Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Santa Clara County, California, except that, to the extent you have in any manner violated or threatened to violate ArcSoft's intellectual property rights, ArcSoft may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

R. Site Policies, Modification and Severability
Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to this Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any condition in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You agree that this Agreement and all incorporated agreements may be automatically assigned by ArcSoft, in its sole discretion, to a third party in the event of a merger, acquisition or bankruptcy.

S. General Terms
All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of California without regard to conflicts of law principles. These Terms constitute the entire agreement between you and ArcSoft with respect to the use of this Site. ArcSoft's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

T. Disclosures.
The services hereunder are offered by ArcSoft, Inc., located at 46601 Fremont Boulevard, Fremont, CA 94538. You may review the return and refund policy for any products on this site by going to our Returns and Refunds page . If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for ArcSoft's general return and refund policy.

 
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