HP WallArt Suite

Terms of Use

 

HP Applications Center Website - Terms of use and legal restrictions

 

ATTENTION: PLEASE READ THESE HP Applications Center TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS HP Applications Center WEBSITE (“SITE”). USING THE SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT OWNED OR LICENSED BY HEWLETT-PACKARD COMPANY (“HP”) (SUCH AS TEXT, DATA, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS, AND INCLUDING WITHOUT LIMITATION, USER PUBLICATIONS AND USER FEEDBACK (AS BOTH SUCH TERMS ARE DEFINED BELOW)) THAT HP MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “HP Applications Center MATERIALS”) AND ANY SERVICES THAT HP MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, THE “SERVICE”). THE SITE, HP WALLART SOLUTION MATERIALS, AND SERVICE ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “HP Applications Center NETWORK.”

 

Other Applicable Terms:

 

IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL STATUTORY OR CONSUMER LAWS, WHICH PROVIDE YOU WITH OTHER REMEDIES. TO THE EXTENT THAT THESE TERMS ARE INCONSISTENT WITH THE STATUTORY LAWS OF THE COUNTRY WHERE YOU ARE USING THE HP Applications Center NETWORK, THESE TERMS ARE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LOCAL LAW REQUIREMENTS.

 

HP Applications Center Network

The Service allows you to: (a) upload to the Site, plans, designs, drawings, images, documents,  and similar publications you create (each a “User Publication”), publish your User Publications on the Site (for restricted private viewing), and share and distribute copies of your User Publications to other users of the HP WallArt Solution Network (in which case you may be referred to herein as a “Publisher”); and (b) browse and download User Publications published by yourself or other Publishers. HP authorizes you to use the HP Applications Center Network only for your own use. Use of the HP Applications Center Network on behalf of third parties is strictly prohibited. You may not distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, create derivative works of, or otherwise exploit the HP Applications Center Materials or any other aspect of the HP Applications Center Network, and, as between you and HP, HP owns the HP WallArt Solution Network, in each case except for your own User Publications or User Feedback (as defined below) to which you have all necessary rights. The HP WallArt Solution Network is protected under United States and international copyright laws. Any unauthorized use of the HP Applications Center Network may violate copyright, trademark, and other laws.

 

HP Applications Center HP Applications Center hosting

 

HP Applications Center service is hosted in Amazon Web Services Elastic Compute Cloud (AWS EC2) servers. Amazon Web Services operates through a network of state-of-the-art large scale datacenters, and has completed a Statement of Auditing Standards No. 70 (SAS70) Type II security certification. For more information about Amazon Web Services and its security, please visit http://aws.amazon.com/security/. All client/server communication between you and the HP WallArt Solution services is also secured through a SSL encrypted connection with a minimum cipher strength of 128-bit. Only you, identified by your username and password, or the people you explicitly shared your information with, again with their username and password, will be able to access and download your content. All the content you upload to the HP Applications Center service is stored in Amazon Web Services Simple Storage Service (AWS S3) servers, and for enhanced security your files are stored encrypted with industry Advanced Encryption Standard (AES) algorithm with a cipher strength of 256-bit and Cipher-block chaining (CBC) cipher mode. HP is not disclosing and will never disclose any of your personal information to Amazon Web Services, and Amazon Web Services employees have no access rights or any other rights over your personal information or the content stored there.

 

HP Applications Center HP Applications Center Storage

 

HP reserves the right to terminate Free Accounts at any time without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days HP may delete any or all of your content without providing additional notice.

 

Publication and Browsing Terms

 

Your offer of User Publications is subject to the Publication Terms , which explain what it means to publish your User Publications through the Service your browsing of User Publications is subject to the Browsing Terms. Both the Publication Terms and the Browsing Terms are incorporated by reference into, and are an important part of, these Terms. Please review these documents carefully.


Access

 

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the HP Applications Center Network and for paying all charges related thereto. In order to publish or browse User Publications or to post User Feedback through the HP Applications Center Network, you will need to open an HP Applications Center Network account. When you register to open an HP Applications Center Network account, or when you contact HP through the HP Applications Center Network for the purpose of receiving products or services, HP may collect certain personal information about you (e.g., your name and email address), (collectively, “Personal Information”). You agree that HP may use such Personal Information in accordance with the provisions of the HP Online Privacy Statement. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your HP Applications Center Network account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your HP Applications Center Network password and you are solely responsible for all activities that occur under your password. You agree to notify HP immediately of any unauthorized use of your password or any other breach of security related to the HP Applications Center Network. HP reserves the right to require you to change your password if HP believes that your password is no longer secure. HP may use third-party service providers to perform all or any portion of the Service or other activities in connection with the HP WallArt Solution Network; provided however, that HP shall require such third-party service providers to comply with the terms of the HP Online Privacy Statement to the extent such third-party service providers receive your Personal Information.

 

Prohibited uses

 

You agree not to use the HP Applications Center Network (including, without limitation, any User Publication, User Feedback, or other information or data you may obtain through your use of the HP Applications Center Network): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual, including through abuse of any violation flagging or reporting mechanisms made available through the HP WallArt Solution Network; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the HP Applications Center Network or servers or networks connected to the HP Applications Center Network. You further agree not to: (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the HP Applications Center Network; or (f) attempt to gain unauthorized access to any portion of the HP Applications Center Network or any other accounts, computer systems, or networks connected to the HP Applications Center Network, whether through hacking, password mining, or any other means.

 

Termination

 

HP may terminate, suspend, or modify your registration with, or access to, all or part of the HP Applications Center Network, without notice, at any time and for any reason. You may discontinue your participation in and access to the HP Applications Center Network at any time. Please contact HP Applications Center Customer Service if you wish to close your HP Applications Center Network account. If you breach any of these Terms, your authorization to use the HP WallArt Solution Network (including without limitation, permission to access your HP WallArt Solution Network account) automatically terminates and you must immediately destroy any downloaded or printed HP Applications Center Materials (and any copies thereof) other than any User Publications you have lawfully accessed and browsed in accordance with these Terms or which you are otherwise lawfully entitled to retain (provided that you continue to comply with these Terms to the extent applicable to your use of the User Publications you have accessed and browsed through the Service).

 

Disclaimers

 

THE HP Applications Center NETWORK IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE HP WALLART SOLUTION NETWORK IS WITH YOU. SHOULD THE HP Applications Center MATERIALS PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE HP Applications Center NETWORK (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HP MAKES NO WARRANTY THAT THE HP Applications Center NETWORK WILL MEET YOUR REQUIREMENTS OR THAT THE HP Applications Center NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE HP WALLART SOLUTION NETWORK WILL BE CORRECTED. HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HP Applications Center NETWORK OR AS TO THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION, USER PUBLICATIONS AND USER FEEDBACK) OBTAINED THROUGH THE HP Applications Center NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE HP Applications Center NETWORK OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (EACH A “HP Applications Center PARTY”) SHALL CREATE ANY WARRANTY. HP DISCLAIMS ALL EQUITABLE INDEMNITIES.

 

Limitation of liability

 

IN NO EVENT WILL ANY OF THE HP Applications Center PARTIES BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR (B) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE HP Applications Center NETWORK (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE HP Applications Center NETWORK, INCLUDING WITHOUT LIMITATION, ANY USER PUBLICATIONS AND USER FEEDBACK), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY HP WALLART SOLUTION PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

 

Exclusions and limitations

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any HP Applications Center Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the relevant HP Applications Center Party’s liability shall be the minimum permitted under such applicable law.

 

Other agreements; software

 

HP may provide products (such as hardware or software) or services (such as hardware or software installation, maintenance, repair or training) under the terms of a separate agreement between you and HP (each, an “Other Agreement”). HP’s obligations with respect to any product or service that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available for download or use through the HP Applications Center Network (“Software”), such as Software for uploading User Publications for publication through the Service, is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have first agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be HP Applications Center Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

 

 

Modifications to HP Applications Center Network

 

HP reserves the right to modify, suspend, or discontinue the HP WallArt Solution Network at any time, and for any purpose, without notice to you. For example, HP may make changes to the HP Applications Center Materials and/or Service, or to the products and prices described in them, at any time without notice. The HP Applications Center Materials and Service may be out of date and HP makes no commitment to update the HP Applications Center Materials and Service whatsoever.

 

User Publications and User Feedback

 

HP may, but is not obligated to, pre-screen User Publications and User Feedback or monitor any area of the HP Applications Center Network through which User Publications and User Feedback may be submitted. In addition, HP may, but is not obligated to, provide users of the HP Applications Center Network with the ability to flag or otherwise report User Publications and User Feedback that violate these Terms. Nevertheless, you agree that you are solely responsible for all of your User Publications and User Feedback. HP is not required to host, display, or distribute any User Publications or User Feedback on or through the HP Applications Center Network and may remove at any time, or refuse any User Publications or User Feedback, for any reason. HP is not responsible for any loss, theft, or damage of any kind to any User Publications or User Feedback HP is not responsible for any unauthorized disclosure of your User Publication by a user to whom you granted access. In addition, HP does not guarantee that you will have any recourse through HP or any third-party to edit or delete any or all User Publications and User Feedback you have submitted.

User Publications and User Feedback are created by Service users like you, and do not necessarily reflect the opinions, views or position of HP. The Publisher who publishes a User Publication through the Service determines the content, look, and feel of the User Publication. HP simply allows to print and distribute such User Publication as a service. Accordingly, HP is not responsible for the content, design, formatting, layout, or style of the User Publication, or any grammatical errors, spelling mistakes or any other User Publication-related issues.

You understand that if you include any of your Personal Information in any User Publication or User Feedback, that Personal Information will be visible to anyone who browses and downloads your User Publication or User Feedback and you hereby authorize HP to publish such Personal Information on your behalf. You must not include any Personal Information belonging to a third-party without that third-party’s express prior permission, or the permission of their parent or legal guardian if he or she is under eighteen (18) years old, in each case to the extent such permission is required by Law.

You understand that HP has no obligation to store, archive or back-up any User Publications or User Feedback provided by you, and it is your sole responsibility to retain copies of your own User Publications and User Feedback for your own future reference and use.

 

User Publication and User Feedback representations and warranties

 

By submitting any User Publication and/or User Feedback, you represent and warrant that:

 

a. you are at least eighteen (18) years old;

b. you own or otherwise hold all necessary rights in your User Publications and User Feedback (including, without limitation, all rights to the documents, plans, specifications, images and all other data contained in your User Publications or User Feedback) or, alternatively, you have acquired all necessary rights in your User Publications and User Feedback to enable you to grant to HP the rights in your User Publications and User Feedback described herein (and you agree to deliver to HP promptly upon request copies of all consents and other documents granting you such rights);

c. you are not aware of any claims, causes of action, or other legal proceedings that have commenced, are reasonably anticipated or likely to commence, or are threatened, relating to any User Publications or User Feedback that you submit through the HP Applications Center Network;

d. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Publications and User Feedback;

e. you voluntarily agree to waive all “moral rights” that you may have in your User Publications and User Feedback, to the extent such moral rights might conflict with the rights granted by you to HP herein;

f. your User Publications and User Feedback do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third-party;

g. any factual information contained in your User Publications and User Feedback is not known by you to be false, inaccurate, or misleading;

h. your User Publications and User Feedback do not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

i. your User Publications and User Feedback are not, and may not reasonably be considered to be, defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person’s privacy;

j. no third-party has paid or will pay you money or any other form of consideration for submitting your User Feedback;

k. your User Publications and User Feedback contain no materials that reference other web sites, addresses, email addresses, contact information, or phone numbers (other than your own), in violation of any applicable Law, including without limitation, any applicable privacy laws;

l. your User Publications and User Feedback do not promote or contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and

m. your User Publications and User Feedback do not promote, contain or constitute any junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unauthorized advertisement or solicitation that violates any Law.

n. You agree not to submit to the HP Applications Center Network any User Publications or User Feedback for which any of the foregoing representations and warranties are or may be untrue.

 

Links to third-party websites

 

Links on the HP Applications Center Network to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the HP Applications Center Network. HP is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, HP does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the HP Applications Center Network, you do this entirely at your own risk.

 

Trademarks

 

HP Applications Center, HP and any other product or service name or slogan or logo contained in the HP Applications Center Network are trademarks of HP and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HP or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with HP or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of HP without HP’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of HP and may not be copied, imitated, or used (in whole or in part) without HP’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by HP.


Procedure for making claims of infringement

 

HP respects the intellectual property rights of others. Accordingly, HP has a policy of removing User Publications and User Feedback that violate copyright law, suspending access to the HP Applications Center Network (or any portion thereof) to any user who uses the HP Applications Center Network in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the HP Applications Center Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, HP has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the HP Applications Center Network, please provide written notice to the following HP agent for notice of claims of infringement.

 

Trademark and Copyright Counsel HP Company

3000 Hanover Street, MS 1051 Palo Alto, CA 94304

Tel: (650) 857-1501 Fax: (650) 236-9855

Email: dmca_copyright_notice@hp.com

 

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow HP to locate that material; (d) contain adequate information by which HP can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to HP’s designated agent, as they will be deleted upon receipt.

 

U.S. government restricted rights

 

Any HP Applications Center Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are provided with Restricted Rights. All technical data, or HP commercial computer software/documentation, are subject to the provisions of FAR 12.211 - “Technical Data”, and FAR 12.212 - “Computer Software” respectively, or to clauses providing HP equivalent protections in DFARS or other agency specific regulations. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer: HP Company, 3000 Hanover Street, Palo Alto, CA 94304 1185, USA.

 

International and export issues

 

HP administers the Site from its offices Sant Cugat del Vallès, Spain. Without limiting the foregoing, HP makes no representation that the HP WallArt Solution Network is appropriate or available in all countries and access to the HP Applications Center Network from territories where its contents are illegal or restricted is prohibited. If you choose to access the HP WallArt Solution Network from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the HP Applications Center Network and to not transfer, or authorize the transfer, of any HP Applications Center Materials to a prohibited country or otherwise, in violation of any Laws. In particular, but without limitation, the HP Applications Center Materials may not, in violation of any Laws, be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any HP Applications Center Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless the HP WallArt Solution Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including without limitation, reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your HP Applications Center Network account) violation of these Terms. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HP’s defense of such claim.

 

Electronic communications; Notice

 

When you visit the Site or send e-mails to HP, you are communicating with HP electronically. You consent to receiving communications from HP electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that HP provides to you electronically, satisfy any legal requirement that such communications be in writing. Nevertheless, you agree to send any notices that are required or permitted to be given by these Terms to HP only in the manner specified for such purposes on the Site.

 

General

 

These Terms, together with the Publication Terms, the Browsing Terms, any other terms, guidelines, or policies referred to in these Terms, and any additional terms to which you agree when using particular elements of the HP WallArt Solution Network, constitute the entire and exclusive and final statement of the agreement between you and HP with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and HP with respect to such subject matter. These Terms and the relationship between you and HP shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or to any activities carried out by either party pursuant to these Terms. The failure of HP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of HP and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the HP Applications Center Network. These Terms will be interpreted without application of any strict construction in favor of or against you or HP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HP without restriction. HP and you are independent contractors, and nothing in these Terms is intended to create, or will be construed as creating, any employment, partnership, joint venture, agency or comparable relationship. HP will have no liability to you or any third-party, for any failure by HP or its agents, to perform its or their obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of HP or its agents, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, failure or delay in transportation, civil commotion or other event of force majeure.

 

Modifications to these Terms

 

HP may, in its sole and absolute discretion, change these Terms from time to time. HP will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the HP WallArt Solution Network. Continued use of the HP Applications Center Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the HP WallArt Solution Network and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

 

HP Applications Center Publication Terms

 

These HP Applications Center Publication Terms (“Publication Terms”) form an integral part of the HP Applications Center Terms of Use. (“Terms”). Capitalized terms used but not defined in these Publication Terms have the meaning specified in the main body of the Terms. These Publication Terms are intended to supplement, rather than replace, the provisions in the main body of the Terms. However, in the event of any conflict between these Publication Terms and the main body of the Terms, these Publication Terms will prevail.

 

User Publications

 

You must have a valid HP Applications Center Network account to publish and distribute User Publications. Your User Publications must comply with the Terms, as well as any publication guidelines or other policies posted by HP on the Site or otherwise made available through the HP Applications Center Network. You may indicate which third parties you would like to be able to browse and download your User Publications.

 

License

By submitting a User Publication to HP through the Service, and as a condition of HP making the User Publication available through the Service, you grant to HP a transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to use (and permit others to use), distribute, reproduce, modify, adapt, publish, and otherwise exploit, your User Publication (including any text, graphics, photographs, or other content contained in your User Publication), in whole or in part, in any format or medium now known or later developed, solely for the purposes of providing the Service and other aspects of the HP Applications Center Network. The licenses granted herein with respect to any of your User Publications shall be perpetual and shall continue unless and until that User Publication is properly removed from the Service in accordance with these Publication Terms, at which time the licenses granted herein shall continue only to the extent necessary for HP to fulfill any existing obligations to HP Applications Center users and other third parties. Notwithstanding the foregoing, you retain ownership of any intellectual property rights you may have in your User Publications.

 

Removal of User Publications

 

You may request the removal of any User Publication from the HP WallArt Solution Network by following the removal procedure specified on the Site, and we will use good faith efforts to remove such User Publication from the Service within a reasonable period of time. However, users who have downloaded your User Publication through the Site, remain free to use such User Publication in accordance with the Terms. In addition, we may retain copies of your User Publications in our back-up systems and archives.


HP Applications Center Browsing Terms

 

These HP Applications Center Browsing Terms (“Browsing Terms”) form an integral part of the HP Applications Center Terms of Use (“Terms”). Capitalized terms used but not defined in these Browsing Terms have the meaning specified in the main body of the Terms. These Browsing Terms are intended to supplement, rather than replace, the provisions in the main body of the Terms. However, in the event of any conflict between these Browsing Terms and the main body of the Terms, these Browsing Terms will prevail.

 

Browsing User Publications

 

Browse and Download. You may browse and download copies of User Publications published by Publishers through the Service by following the procedures specified on the Site. You can only browse and download User Publication for which the Publishers have explicitly granted you access rights, using the sharing procedures implemented on the Site. To browse User Publications, you must have a valid HP Applications Center Network account.

Restrictions. If you browse and download any User Publication through the Service, you agree to the following: (a) you will only use the User Publication for your own use as expressly permitted under the Terms or as otherwise expressly permitted by the holders of all necessary rights in the User Publication; (b) you will not remove or obscure any proprietary rights notices contained on such User Publication; (c) you will not resell such User Publication to any third-party, or grant any third-party any rights in or to such User Publication except to the extent permitted by any applicable Law; and (d) you will not, and will not permit any third-party to, use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, create derivative works of, or otherwise exploit the User Publication in any manner requiring the consent of the holder of any rights in any portion of the User Publication without first obtaining that consent, or in any other manner that would violate any Law, including without limitation intellectual property Laws.