Platform Application Terms of Service
Effective August 9, 2008
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Printfection Platform (as defined below) to access certain information about you that is available from the www.Printfection.com website (the “Printfection Site”) or to retrieve authorized data from third-party sites for use on the Printfection Site (“Platform Applications”).
The “Printfection Platform” is a set of application programming interfaces (APIs), tools and services provided by Printfection which makes this information available to Platform Applications and allows Printfection and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to leverage the Printfection service in new and interesting ways.
Consent Regarding Use of Printfection Site Information
1.1 Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), Printfection may from time to time provide Developers access to the following information (collectively, the “Printfection Site Information”):
information pertaining to stores, products, image sets, and images, excluding any of your Contact Information, and
the user ID associated with your Printfection Site account.
1.2 Examples of Printfection Site Information. The Printfection Site Information may include, without limitation, the following information: your image names, your image keywords, your image URLs, metadata about your images (i.e. date uploaded, ppi, etc.), image set names, metadata about your image sets (i.e. date created), store name, store URL, store description, metadata about your store logo, metadata about your store(s), store section name, store section teaser, store section description, metadata about store section(s), metadata about store section image, product name, product type, product description, product pricing, metadata about product(s), product colors, metadata about customization of product (i.e. image height, image width, image location on product, etc.), product sizing, and the permissions you granted the application(s).
1.3 Privacy Settings: You may revoke or modify your permission for Printfection to provide Printfection Site Information to Developers at any time by clicking the “edit settings” link on the my applications page in your account.
1.4 Developer Agreement. Before providing any information to any Developer through the Printfection Platform, Printfection requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of Printfection Site Information. Our standard Developer Agreement consists of the Printfection Developer Terms of Service and the related Printfection Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Printfection privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, Printfection cannot guarantee that each Developer will comply with its contractual requirements, and Printfection does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
Use of Platform Applications
2.1 Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Printfection, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Printfection Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER’S TERMS AND/OR POLICIES CAREFULLY.
2.3 Printfection Terms of Service. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Printfection Site Terms of Service, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Service directly contradict such Printfection Site Terms of Service, these Platform Application Terms of Service shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Printfection Site Terms of Service, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;
2.4 You acknowledge that Developers or Printfection or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Printfection’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
2.5 ALL PLATFORM APPLICATIONS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. PRINTFECTION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PRINTFECTION FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
2.6 Integration or “Entire Agreement” Clauses in Application-Specific Terms of Service. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Printfection Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Printfection with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs 2.3, 2.4, 2.5, 2.7 and this paragraph 2.6, except to the extent that such terms directly conflict with the terms of such other agreement or terms.
2.7 RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS PRINTFECTION AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT PRINTFECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY PRINTFECTION APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY PRINTFECTION TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
2.8 Modifications. Printfection reserves the right to modify these Platform Application Terms of Service at any time, in its sole discretion. If Printfection elects to modify this Agreement, Printfection will post a change notice or a new agreement on the Printfection Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR PRINTFECTION TO PROVIDE PRINTFECTION SITE INFORMATION TO DEVELOPERS AS DESCRIBED IN PARAGRAPH 1.3 ABOVE. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.