HP Applications Center
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. |