Terms of Use
(Last Revision: January 2009)
Introduction
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE ETYPESET.COM (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE AND ITS SOFTWARE AND SERVICES. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE OR INSTALL ITS SOFTWARE. BY ACCESSING OR USING THE WEB SITE OR INSTALLING ITS SOFTWARE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
User Eligibility
The Web Site is provided by Image Computer Systems, Ltd. ("IMAGE") and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.
Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively, "Services") available via the Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site ("Service Agreement(s)").
Modifications
IMAGE may revise and update these Terms of Use at any time by posting the amended Terms of Use and indicating the date of the last revision. The amended Terms of Use will be effective immediately after they are initially posted on this Site. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of IMAGE. IMAGE may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. IMAGE may establish or change, at any time, general practices and limits concerning this and other IMAGE products and services in its sole discretion. You agree that IMAGE may establish limits concerning the use of the Services, including, without limitation, the maximum amount of disk space that will be allotted on IMAGE's servers on your behalf.
Privacy Policy
The IMAGE Privacy Policy governs the use of personally identifiable information collected from or provided by You at the Web Site.
Cancellation Policy
The IMAGE Cancellation Policy governs the refund policy for currently paid-up subscribers to the Web Site.
License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of IMAGE, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of IMAGE, its affiliates or other entities that have granted IMAGE the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of IMAGE. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without IMAGE's or the appropriate third party's prior written permission. Except as expressly provided herein, IMAGE does not grant to You any express or implied rights to IMAGE's or any third party's Intellectual Property.
IMAGE grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by IMAGE, and (b) access and use the IMAGE computer and network services offered within the Web Site (the "IMAGE Systems") only in the manner expressly permitted by IMAGE. Except for this limited license, IMAGE does not convey any interest in or to the IMAGE Systems, information or data available via the IMAGE Systems (the "Information"), Content, Services, Web Site or any other IMAGE property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of IMAGE. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by IMAGE.
Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Web Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by IMAGE.
(d) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Web Site are restricted to customers of IMAGE.
(f) You may not use or access the Web Site or the IMAGE Systems or Services in any way that, in IMAGE's judgment, adversely affects the performance or function of the IMAGE Systems, Services or the Web Site or interferes with the ability of authorized parties to access the IMAGE Systems, Services or the Web Site.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of IMAGE.
Data, Passwords and Equipment
IMAGE does not store your signage text data, such as your product names and prices, on its website. All your company signage text data that will be printed via eTypeset.com is stored locally on your PC as you use eTypeset. You are solely responsible for preserving your original data or making back-up copies of such data that you use with eTypeset. You are solely responsible for maintaining the confidentiality of user IDs and passwords for the Services, and are fully responsible and liable for all activities that occur under any such user IDs and passwords. Without limiting the foregoing, you will be responsible for all orders placed and other actions taken by a person who accesses the Services using your password or user ID. You are solely responsible for providing and maintaining at your own expense all equipment, facilities, and services necessary to access and use the Services, including without limitation computer hardware and software, modems, telephone services and Internet access.
FREE eTypeset Service
You agree that IMAGE, in its sole discretion, may withdraw or terminate the FREE eTypeset Service at any time and for any or no reason in its sole discretion. You agree that IMAGE, in its sole discretion, may add, change or remove any FREE eTypeset Service template, feature, policy or content at any time and for any or no reason in its sole discretion.
Information Disclosure
IMAGE has the right, but not the obligation, to monitor any activity and content associated with this Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect IMAGE's systems and customers, or to ensure the integrity and operation of IMAGE's business and systems, IMAGE may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address), IP addressing and traffic information, usage history and posted content. In the event IMAGE merges with another entity, is acquired by another entity, enters into a business combination with another entity, or for any other change of control, IMAGE may be required to disclose and some or all of your information to that entity to continue serving you.
Links
Outbound Links: The Web Site may contain links to third-party Web Sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by IMAGE of the content on such Linked Sites. IMAGE makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. IMAGE is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
Inbound Links: Linking to any page of the Web Site other than to http://www.etypeset.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with IMAGE. Any web site or other device that links to http://www.etypeset.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that IMAGE or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with IMAGE or any of its affiliates, (e) presenting false information about IMAGE products or services, and (f) using any logo or mark of IMAGE or any of its affiliates without express written permission from IMAGE.
Submissions and Content
Any comments, data, information, image files, content or materials sent, uploaded or transmitted to IMAGE (via any medium including, without limitation, e-mail, regular mail and this Site) including, without limitation, logos and feedback data, such as questions, comments, suggestions, or the like regarding this Site or any other products or programs of IMAGE as well as any Custom Templates or other custom services which were designed, created by IMAGE for Your use and paid for by You (collectively "Content"), will be deemed to be non-confidential and non-proprietary. By sending, uploading or transmitting Content to IMAGE or purchasing Custom Templates or other custom services from IMAGE, you grant to IMAGE an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to (i) use, communicate, reproduce, transmit, retransmit, modify, adopt, publish, translate, create derivative works from, distribute, perform and display the Content in whole or part; (ii) incorporate such Content into other forms, media, or technology now known or later developed; (iii) use the Content and any ideas, concepts, know-how, techniques and suggestions contained in any Content for any purpose whatsoever; and (iv) sublicense any of the foregoing rights. You waive any rights of attribution or so-called "moral rights" with respect to any such Content.
Termination
You agree that IMAGE, in its sole discretion, may terminate or suspend Your use of the Web Site, the IMAGE Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the IMAGE Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that IMAGE shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the IMAGE Systems, Information and/or the Services.
Subscription Fees
You agree to pay all charges for your use of the Services at the then current prices and terms. All charges will be paid in U.S. currency, will be exclusive of any applicable taxes including sales tax, and will be paid as required by the SITE unless otherwise agreed by IMAGE. Unless other payment arrangements are authorized by IMAGE, by entering into this Agreement, you authorize IMAGE to charge your credit card to pay for all charges and fees (including, without limitation, cancellation fees is appropriate) that may apply to your account and to pass your credit card information to its service providers. You must notify IMAGE of any changes to your billing address. In the event that your billing information is not kept current or you do not pay amounts due in a timely manner, IMAGE may suspend or terminate the Services without liability or obligation to you. You are solely responsible for and must pay in full any and all taxes, charges, fees, toll or access charges or other such charges imposed or levied by any local, state or federal government regulatory entity or any telecommunications carrier or network service provider incurred as a result of using the Services. You agree to indemnify and hold us harmless from any and all such taxes, charges, fees, access charges or other similar charges. You will pay a late charge to IMAGE on amounts due but not timely paid in the amount of eighteen percent (18%) on the total amount due but not paid or the highest amount permitted by applicable law. The TERMS OF USE will remain in full force and effect for the service period set forth in your paid subscription registration, unless earlier terminated by IMAGE or You. Upon the expiration or termination of this Agreement, all licenses and rights to use the Software or the Services will terminate.
Product Sales
When you place an order for any good, service, product or other item ("Product") using the Services, you should carefully review the supplier's policy regarding its provision of such Product. IMAGE takes no responsibility and assumes no liability for any Product ordered by you through the Services, or for any delivery, fulfillment, defects, delays, inaccuracies, or other fault you may encounter with such Supplier. You agree to accept and pay for all Products specified in your order. Your order is subject to our acceptance, and we reserve the right to decline your order, either in part or in full, for any reason. The prices do not include any sales, use or similar taxes of any other jurisdictions. If any of these other taxes are applicable to you, you agree to pay or reimburse us for all for such taxes or other amounts payable to governmental authorities in connection with your order. The risk of loss and title for any Product purchased passes to you upon our delivery to the carrier. We reserve the right to change Product offerings at any time without prior notice to you. We will attempt to provide accurate and timely information on all Products. However, in the event that a Product's pricing is listed incorrectly for any reason, or a Product's description or appearance is incorrect, we may, at our discretion, either refuse or cancel any orders for that Product. You hereby grant to us, our successors and assigns, a security interest in all Products and proceeds thereof, including, without limitation, cash, instruments, documents, proceeds of letters of credit, accounts receivable and intangibles to secure the payment and performance of all your obligations hereunder. You hereby appoint us to take such actions and execute such documents, on your behalf, as may be necessary to perfect, and give full effect to, our security interest. Such security interest will terminate only upon full payment for the Products.
Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS IMAGE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "IMAGE AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
Limited Warranty
(1.) IN NO EVENT WILL IMAGE OR IMAGE AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(2.) ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IMAGE WARRANTS ONLY THAT A SUBSCRIPTION REFUND POLICY WILL BE AVAILABLE IF YOU ARE A CURRENTLY PAID-UP SUBSCRIBER AND WOULD LIKE TO TERMINATE YOUR SUBSCRIPTION. IMAGE'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR IMAGE TO REFUND THE UNUSED AND UNEXPIRED PORTION OF YOUR CURRENTLY PAID-UP SUBSCRIPTION AS OUTLINED IN THE IMAGE CANCELLATION POLICY.
(3.) EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IMAGE AND IMAGE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IMAGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. IMAGE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PRINTING, TYPOGRAPHICAL OR OTHER DEFECTS, ERRORS, DEFICIENCIES OR OMISSIONS IN THE RESULTS OBTAINED FROM THE USE OF THIS SITE OR THE SOFTWARE. IMAGE MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, INSTALLED OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL.
(4.) TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
Limitation of Liability
(1.) TO THE FULLEST EXTENT PERMITTED UNDER LAW, IMAGE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, BUSINESS, USE, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU OR IMAGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
(2.) SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of IMAGE, negatively reflect on the goodwill or reputation of IMAGE and shall take no actions which would cause IMAGE to be in violation of any laws, rulings or regulations applicable to IMAGE.
IMAGE and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE IMAGE SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF HARTFORD, STATE OF CONNECTICUT, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE IMAGE SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Connecticut, U.S.A. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by selecting the English link at the top of the page.
General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND IMAGE, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND IMAGE WITH RESPECT TO THE USE OF THE WEB SITE, THE IMAGE SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
Customer Service
Questions or comments regarding the Web Site may be submitted to IMAGE Customer Service.
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