Please Note:
UPDATED EFFECTIVE November 14, 2017

 

This website, mobile site and/or app (and any and all related applications, services, tools, modules, integrated application sites and remote services, servers, and services collectively “Services”) is operated by Datacolor AG Europe a company registered in Switzerland with a registered office at: Loorenstrasse 9, 8305 Dietlikon, Schweiz (“Datacolor” or “we”, “us”, “our”). By using ColorReader you agree to be bound by these Terms of Use (“Terms of Use”).

 

Changes to our Terms of Use:

We may revise these Terms of Use to reflect changes to the Services, our users’ needs, our business priorities or changes in law. We will try to give you reasonable notice of any major revisions. Every time you wish to use our Services, please check these Terms of Use to ensure you understand the terms that apply at that time. These terms were most recently updated on the date at the top of them.

 
 

Mobile Device Application End-User License:

In the event that Services provided by us is used or installed on a portable devices, such as but not limited to an Apple® or Android® or Fire® device, these Terms of Use are between Datacolor and you only, and not with any third party device manufacturer or supplier. Datacolor is solely responsible for the Services and the content thereof.

 

If you install or use our Services, including any accompanying documentation on a mobile device (“Mobile App”), we grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to install and use the Mobile App on a single authorized device located in the European Union. You may use the Mobile App for your personal, non-commercial and entertainment purposes only.

 

You agree to also comply with any App Store Terms of Service (for example, Apple’s App Store). We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Mobile App. We will not provide you with a mobile phone or computing device, internet access or wireless connection in order to use the Mobile App. We are not responsible for any interaction between you and another Mobile App user, or information you transmit through the Mobile App (including your location).

 

In the event of any failure of the Mobile App to conform to any applicable warranty, you agree that you may notify the supplier of the Mobile App (such as the Apple App Store, or Google Play (each a “Supplier”)), and the Supplier may refund the purchase price for the Mobile App to you (if relevant); and that, to the maximum extent permitted by applicable law, the Supplier may have no other warranty obligation whatsoever with respect to the Mobile App. You agree that any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Datacolor.

 

By using the Mobile App you acknowledge that Datacolor, not a Supplier is responsible for addressing any claims you may have relating to the Mobile App or the your possession and/or use of that the Mobile App. For further information on our liability, please see the section below entitled “Limitation of Liability”.

 

By using the Mobile App, you agree that in the event of any third party claim that the Mobile App or your possession and use of Mobile App infringes any third party’s intellectual property rights, Datacolor and not any Supplier will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

The Services are not intended for children under the age of 13 and no person under the age of 13 may use the Services.

 
 

Account Registration:

You will be required to register for an account to use certain features of the Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. You will be responsible for the confidentiality of your account registration information and for all activities (including commercial transactions) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to your disclosure of your account registration information to third parties. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change account registration information if we believe your account is no longer secure. You will have no ownership in your account registration information. We may refuse registration, cancel an account or deny access to the Services if, in our reasonable opinion, you have breached any provisions of these Terms of Use.

 
 

Ownership of Data, Content and Grant of Conditional License:

The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Services (collectively, the “Content”) is owned by us or our licensors. We have copyright rights in the Services. We may change the Content and features of the Services at any time.

 

So long as you adhere to these Terms of Use, we grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use the Services and its Content as permitted by these Terms of Use. You may only use the Services for lawful purposes and you may not:

 

  • Restrict or inhibit any other person from using the Services.
  • Express or imply that any statements you make are endorsed by us, without our prior written consent.
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication.
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party.
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Engage in spamming or flooding.
  • Harvest or collect information about the Services other users.
  • Use or derive data to determine [ColorReader] functionality, user information, aggregate statistics on [ColorReader]’s performance, or the performance of third party data integration partners.
  • Circumvent restrictions placed on the types and form of data available through [ColorReader] or attempt to subvert or compromise [ColorReader]’s ability to provide users with valid and accurate information.
  • Change, use or manipulate data in any way that is misleading to any user, customer, end user, or recipient of information.
  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the Services.
  • Link to any portion of the Services other than the URL assigned to the home page of our Services or a URL for user storage located within the Services.
  • “Frame” or “mirror” any part of the Services.
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
  • Remove any copyright, trademark or other proprietary rights notices contained on/in the Services.
  • Use any robot, spider, offline reader, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, including with respect to any CAPTCHA displayed on the Services . Where relevant, operators of public search engines may use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time.
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Content.
  • Use the Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

 

Your license to use the Services or Content is based on the understanding that you will comply with the requirements of this section. If you or someone acting on your behalf does not comply with the requirements of this section, then we will terminate your license to use the Services or Content. If you or someone acting on your behalf does not comply with the requirements of this section or exceeds the scope of the license we have granted to you, then your continued use of the Services or Content will constitute an unauthorized reproduction, display or creation of unauthorized derivative versions of the Services and Content, which will infringe our copyright and other rights we have in the Services and Content.

 

By using the Services or Content you will not acquire any ownership rights in the Services or Content.

 

We or our licensors own the registered and unregistered trademarks, logos and services marks displayed on the Services and Content and you may not use out trademarks, logos or service marks in any way without obtaining our prior written permission. You may inquire about obtaining permission by writing to:

 
ColorReader
Datacolor, Inc
5 Princess Road
Lawrenceville, NJ 08648
USA
notificationdontlike@spamdatacolorcom.spam
 
 

User Content and Data:

  1. By agreeing to the Terms of Use herein, you grant Datacolor Inc. the right to access, retrieve, store, manipulate, and/or exchange information provided by you, including but not limited to historical or current usage data relating to your account with the Services (“User Data”). You own all rights to your User Data. You grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Data but not for resale purposes, in our sole discretion without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Data, including the right to grant additional licenses to your User Data, except if it conflicts with these Terms of Use. You will not make or authorize any claim against us that our use of your User Data infringes any of your rights.
  2. You may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to us regarding the Services (“User Content”).
  3. By submitting User Content, you promise that you are at least 18 years old.
  4. You own all rights to your User Content. If you submit User Content to us regarding the Services, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content but not for resale purposes, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. You promise that any User Content complies with our [User Content Guidelines], and you agree to compensate us fully for any breach of that promise – this means you will be responsible for any loss or damage we suffer as a result of your breach.

 
 

Claims of Copyright Infringement:

If you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Services; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.

 

Notices and counter-notices should be sent to:

 
Copyright Officer
Datacolor Inc.
notificationdontlike@spamdatacolorcom.spam
 

We suggest that you consult your legal advisor before filing a notice or counter-notice.

 
 

Third Party Links:

The Services may contain links and access to other websites or apps that may not be owned or operated by us. The fact that we may link to those websites or apps does not indicate any approval or endorsement of those websites or apps. We have no control over those websites or apps. We are not responsible for the content of those websites or apps. We strongly encourage you to become familiar with the terms of use and practices of any linked websites or apps. Your use of other websites or apps is at your own risk and is subject to the terms of those websites or apps. It is up to you to take precautions to ensure that whatever links you select or software you download from those websites or apps is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

 
 

Parental Controls:

We cannot prohibit minors from visiting our Services and must rely on parents and guardians to decide what transactions to enter into. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors.

 
 

Violation of these Terms:

If we (acting reasonably) determine that you have violated these Terms of Use, we may cancel your account, delete all your User Content and prevent you from accessing the Services at any time without notice to you. If that happens, you may no longer use the Services or any Content.

 
 

Viruses:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.

 
 

Limitation of Liability:

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was an order was accepted. We also only provide the Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, and for breach of your legal rights in relation to the Services.

 
 

Governing Law and Jurisdiction:

These Terms of Use, their subject matter and formation are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, you are a resident of Scotland, you may also bring proceedings in Scotland, and if you are a resident in Ireland, you may also bring proceedings in Ireland.

 
 

General:

If any part of these Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

 

If you breach these Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

 
 

Other Applicable Terms:

Please see our Privacy/Data Use/Cookies Policy at http://www.datacolor.com/legal/europe/colorreader/privacy-policy/ where we explain how we use your personal information we that we collect in respect of the Services

 
 

Questions:

If you have any questions, comments or complaints regarding these Terms of Use or the Services, please contact us at:

 
Datacolor Inc.
Email: notificationdontlike@spamdatacolorcom.spam or by phone at 770-664-8555