Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE. By using
or downloading information from this Web Site, you represent that you have read
and understand these Terms of Service and agree to be bound by them. If you do not
agree with these Terms of Service, in whole or in part, please do not continue to
use this Web Site.
Changes to these Terms of Service. Impresys Corporation (“Impresys”, “us”
or “we”) may modify these Terms of Service at any time, without notice, by updating
this page. Please check this page periodically for changes since your continued
use of this Web Site following the posting of changes will indicate your acceptance
of those changes.
These Terms of Service were last updated on June 25, 2010.
- Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this Web Site
are subject to change at any time without notice. Use of some software products
or services (collectively, “Services”) available on this Web Site are subject to
an End User License Agreement (“EULA”). To the extent that the terms or conditions
of an EULA conflict with these Terms of Service, the terms or conditions of the
EULA shall prevail.
- Electronic Communications. When you visit this Web Site or send e-mails to
us, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting notices
on this Web Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
- Use of this Web Site. The Web Site design and all text, graphics, information,
content, and other material displayed on or that may be accessed or downloaded from
this Web Site are either the property of, or used with permission by, Impresys and
are protected by copyright, trademark and other laws and treaties and may not be
used except as permitted in these Terms of Service or with the prior written permission
of the owner of such material. You may not modify the information or materials located
on this Web Site in any way or reproduce or publicly display, perform, or distribute
or otherwise use any such materials for any public or commercial purpose except
as permitted under an EULA or other agreement. Any unauthorized use of any such
information or materials may violate copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations. You are responsible for maintaining
the confidentiality of your account information and password and for restricting
access to such information and to your computer. You agree to accept responsibility
for all activities that occur under your account or password.
- DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
IMPRESYS PROVIDES THE MATERIALS AND SERVICES ON THIS WEB SITE ON AN "AS IS" AND
“AS AVAILABLE” BASIS. IMPRESYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT
THAT THIS WEB SITE, THE SERVICES, OR THE MATERIALS CONTAINED ON THIS WEB SITE ARE
COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL
EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL
COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to or use of
this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT
WILL IMPRESYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION
OF THIS WEB SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE,
ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR
SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL
PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEB SITE AND
ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO
THE GREATER OF US$100 OR THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS. THE FOREGOING LIMITATIONS
OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
EXCEPT AS OTHERWISE PROVIDED IN AN EULA, IN
THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT OR SERVICES CONTAINED
OR PROVIDED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE
USING THIS WEB SITE.
- Trademarks. Certain trademarks, trade names, service marks and logos (collectively,
“Marks”) used or displayed on this Web Site are the exclusive property of Impresys
and/or our affiliates. Other Marks used or displayed on this Web Site are the property
of their respective owners. Nothing contained on this Web Site grants or should
be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Marks without our written permission or the written permission
of such third party owner.
- Linking to this Web Site. You may not link to this Web Site or run or display
this Web Site or any material displayed on this Web Site in frames or through similar
means on another Web site without our prior written permission.
- Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by us or our affiliates. All such
links are provided solely as a convenience to you. If you use these links, you will
leave this Web Site and your use of the linked Web site will be governed by that
are responsible for any content, materials or other information located on or accessible
from any other Web site. Neither we nor any of our affiliates endorse, guarantee,
or make any representations or warranties regarding any other Web site, or any content,
materials or other information located or accessible from such Web sites, or the
results that you may obtain from using such Web sites. If you decide to access any
other Web site linked to or from this Web Site, you do so entirely at your own risk.
- Suggestions. We welcome suggestions, comments and other submissions from the
users of our Web Site. Any comments, suggestions, ideas or any other materials submitted
to us, either online or offline (collectively, the “Submissions”), will become our
property upon its submission. We shall be entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions. None of the Submissions shall be subject to any obligation
of confidence on the part of us, and we shall not be liable for any use or disclosure
of any Submissions. This policy is intended to avoid the possibility of future misunderstandings
when projects developed by our staff might seem to others to be similar to their
own creative work.
- Personal and Other Information. You may elect to provide us with certain personal
information, such as by contacting us to request additional information, request
materials or submit a resume. Personal information may include, but may not be limited
to, names, addresses, company names, telephone and fax numbers, e-mail addresses
and other identifying information. Personal information will be subject to our Privacy
Policy, which may be viewed on this Web Site below.
- Inappropriate Material. You shall not upload to, distribute, or otherwise publish
through the Web Site any content, information or other material that (a) violates,
misappropriates or infringes the copyrights, patents, trademarks, service marks,
trade secrets, or other proprietary rights of any person or entity; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or could give rise to
any civil or criminal liability under applicable law; or (c) includes any bugs,
viruses, worms, trap doors, Trojan horses or other harmful code or properties. We
will have no liability related to the content of any of the foregoing materials,
whether or not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. In addition to any remedies that we may have at law or in equity, if
we determine that you have violated or are likely to violate the foregoing prohibitions,
we may take any action we deem necessary to cure or prevent the violation. We will
fully cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such materials.
- Use of Web Site Outside the U.S. We control this Web Site from our offices within
the State of Washington, USA. Although accessible by others, this Web Site and its
content are intended for access and use by U.S. residents only. We make no representation
that the content of the Web Site is appropriate or available for use in other locations.
You are solely responsible for compliance with all applicable laws and regulations
that may govern your access and use of this Web Site.
the entire agreement between Impresys and you relating to your use of this Web Site.
No failure or delay on the part of Impresys to exercise any right, power or remedy
under these Terms of Service shall operate as a waiver; nor shall any single or
partial exercise by Impresys of any right, power or remedy under these Terms of
Service preclude any other or further exercise of any right, power or remedy.
- Choice of Law; Jurisdiction. These Terms of Service will be governed by and
construed in accordance with the laws of the State of Washington, USA, without giving
effect to any principles of conflicts of laws and the United Nations Convention
on Contracts for the International Sale of Goods. By using this Web Site you unconditionally
agree to submit to the exclusive jurisdiction of the state and federal courts located
in Seattle, Washington, USA.
- Termination. We may suspend or terminate your account or your use of this Web
Site at any time, for any reason or for no reason. We reserve the right to change,
suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- Severability. If any term or condition of these Terms of Service shall be deemed
to be invalid, void, illegal or unenforceable for any reason, that term or condition
shall be deemed severable and shall not affect the validity and enforceability of
the remaining Terms of Service.
- Additional Assistance. If you do not understand any of the foregoing Terms of Service
or if you have any questions or comments, we invite you to
contact our customer service department.
Information We Collect
What information we collect from visitors to our Web Site depends upon how visitors choose to interact with us through the Services. You can use some of our Web Site without providing any personal information to us. However, your election to use our full range of Services may involve providing personal information to us that identifies you or can be used to identify or contact you, such as your name, mobile or other telephone number, email address, postal address or billing information.
The following is a list of types of information we may collect and ways in which it could be collected:
- Information you provide. Some Services may require that you provide us with personal information as a condition of accessing and using those Services and some Services may give you the option to provide personal information. If we offer services or promotions that require registration, we will ask you for personal information such as your name and email address. If we charge a fee for any Services, we will request your name and credit card number or other payment account information. You may of course choose to submit information to us in various ways as well, such as when you contact us by email. In addition, we may combine information that you provide to us with information relating to you from other Services or from third parties.
- Partners Web Sites. We may offer some Services through relationships with other companies and Web sites. For example, we may offer information and services on third party Web sites. Personal and other information that you provide to those Web sites may be sent to us.
- Logged information. We may automatically collect and store some information that you do not actively provide, such as your internet protocol (IP) address, browser type, the date and time of your visit, and the last Web site or Web page you visited.
Cookies and other technology. When you visit our Web Site or use the Services, we may send one or more cookies (i.e., small text files) to your computer or mobile device that uniquely identifies your browser. Most browsers are initially set to accept cookies, but you can typically change your browser’s settings to refuse all cookies or notify you of a new cookie request. However, some features of the Services may not function properly if cookies are disabled, deleted or refused. We may use other technology, such as clickstreams to, through and from our Web Site and web beacons (also sometimes called pixel tags or transparent GIFs) to, among other things, track use of our Services, and habits and preferences of our visitors. During some visits we may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. From time to time, certain software contained in our Services and the resultant demonstrations produced by that software may transmit data to us to assist us in improving our products and services.
Cookies placed by Impresys or our partners may incorporate personal information, such as your user name and password, if any, although passwords will not be included unless you request that they be saved for automatic login.
Use and Disclosure of Personal Information
We will use your personal information to provide our Services to you. Examples of our use of your personal information would be to respond to or fulfill requests or inquiries, process orders and registrations, and communicate with you in general.
We may also share personal information with our selected suppliers, service providers and partner Web sites in order to facilitate providing the Services to you. For example, we may provide such information to third parties that are involved with operating and maintaining the Services (including, for example, where another company provides Web site hosting or customer support services for us), performing business and sales analysis, improving the Services, and fulfilling orders and processing payments (if applicable).
We collect and use non-personal information to display customized content and advertising, measure the usage and effectiveness of our Services and our online advertising and other content and activities, and improve our Services. Much of this information is gathered by us or other companies using cookies or other internet technologies, as described above under “Information We Collect.”
We may also share non-personal information with other companies for marketing purposes, such as the display of targeted advertising with or in our Services or the sites or services of other companies. This information may include aggregated information such as usage statistics or demographic trends regarding our users or those of sites or services with which we have a business relationship. It may also include anonymous information regarding particular users, such as information about Web sites or pages visited by the particular user.
We use and share personal information where you have chosen to allow us to use and share that information for specific purposes. For example, you may choose to allow us to share personal information when you enter a contest. You may also choose to allow us to share personal information with other companies for offer-marketing purposes, among other things.
We disclose personal and other information if we have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable Terms and Conditions for our Services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, Impresys, or the public as required or permitted by law.
In connection with a significant transaction involving Impresys, such as a merger or acquisition, we may transfer personal and other information to another company.
If you have an account with us, you can review and update your account information (such as your name, user name, and contact information) online by logging into your account. We make good faith efforts to provide you with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request if it is not required to be retained by law or for legitimate business purposes. We require users to identify themselves and the information they wish to access, correct, or remove before processing these requests, and we may decline to process requests that we believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).
If you send us electronic personal information, we will store it on our computers and/or other media we deem appropriate. We employ firewalls and other electronic and physical measures to help keep your personal information secure. You should be aware, however, that no transmission over the Internet, and no electronic data storage method, is 100% secure. Therefore, we cannot guarantee the absolute security of the personal information you provide us either during its transmission or its storage on our computers.