Legal info
Terms of Use
For use of Converters Prepress, Inc. online services
Acceptance of terms
Converters Prepress, Inc. makes this Web site, including all information, documents,
communications, files, text, graphics, software, and products available through the
Site (collectively, the "Materials") and all services operated by
Converters Prepress, Inc. through the Site, available for your use subject to the terms
and conditions set forth in this document and any changes to this document that
Converters Prepress, Inc. may publish from time to time.
By accessing or using this Site in any way, including, without limitation, use of
any of the Services, downloading of any Materials, or merely browsing the Site,
you agree to and are bound by the Terms of Use.
Converters Prepress, Inc. reserves the right to change the Terms of Use and other
guidelines or rules posted on the Site from time to time at its sole discretion,
and will provide notice of material changes on the home page of the Site.
Your continued use of the Site, or any Materials or Services accessible through it,
after such notice has been posted constitutes your acceptance of the changes.
Your use of the Site will be subject to the most current version of the Terms of Use,
rules, and guidelines posted on the Site at the time of such use. You should
periodically check the "Terms of Use" link on the Site's home page to view the
then-current terms. If you breach any of the Terms of Use, your authorization to use
this Site automatically terminates, and any Materials downloaded or printed from the
Site in violation of the Terms of Use must be immediately destroyed.
Defined terms
One of the Services offered through this Site is a collaboration and file-sharing
service known as Asset Management. Information, materials, files, communications,
and documents that are posted by users in conjunction with the Asset Management
service are referred to collectively as "Asset Management Content." The group of
persons among which the collaboration and file sharing takes place is referred to
herein as the "Work Group." All other user-supplied information, materials, files,
communications, and documents, excluding the Asset Management Content, are referred
to collectively as "User Content." "Converters Prepress, Inc. Content" means all
Materials provided by Converters Prepress, Inc.. Asset Management Content, User Content,
and Converters Prepress, Inc. Content may have different restrictions and conditions
associated with them.
Types of users
Please be aware that certain activities on this Site, such as Asset Management,
are available only to persons who are covered under a paid or trial subscription
agreement with Converters Prepress, Inc. ("Subscribers") and persons invited by
Subscribers to participate in such activities.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection and arrangement,
are protected by copyright, trademark, patent, and/or other intellectual property laws,
and any unauthorized use of the Materials or Services at this Site may violate such laws
and the Terms of Use. Except as expressly provided herein, Converters Prepress, Inc.
does not grant any express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan,
sell, assign, distribute, license, sublicense, reverse engineer, or create derivative
works based on the Site, its Materials, or its Services or their selection and arrangement,
except as expressly authorized herein. In addition, you agree not to use any data mining,
robots, or similar data gathering and extraction methods in connection with the Site.
Use of Services.
When using Services on this Site that are offered by
Converters Prepress, Inc., you shall be subject to any posted guidelines, rules, or
licenses applicable to such Services and to the Terms of Use. Such guidelines, rules,
or licenses may contain terms and conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by Converters Prepress, Inc.,
this Site also makes available materials, information, and services provided by
third parties (collectively, the "Third-Party Services"). The Third-Party Services
are governed by separate license agreements that accompany such services. Converters
Prepress, Inc. offers no guarantees and assumes no responsibility or liability of any
type with respect to the Third-Party Services, including any liability resulting from
incompatibility between the Third-Party Services and the Materials and Services offered
by Converters Prepress, Inc.. You agree that you will not hold Converters Prepress, Inc.
responsible or liable with respect to the Third-Party Services or seek to do so.
Use of Converters Prepress, Inc.
Content and User Content. Except as indicated to the
contrary elsewhere on this Site, you may view, download, and print the Converters
Prepress, Inc. Content and User Content available on this Site subject to the following
conditions:
- The Converters Prepress, Inc. Content and User Content may be used solely
for personal, informational, and internal purposes.
- The Converters Prepress, Inc. Content and User Content may not be modified
or altered in any way.
- The Converters Prepress, Inc. Content and User Content on the Site may not
be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in
the Converters Prepress, Inc. Content and User Content.
- Converters Prepress, Inc. reserves the right to revoke the authorization to
view, download, and print the Converters Prepress, Inc. Content and User Content
available on this Site at any time, and any such use shall be discontinued
immediately upon notice from Converters Prepress, Inc..
- The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Converters Prepress,
Inc. Content and User Content available on this Site are not applicable to the
design or layout of this Site. Elements of this Site are protected by trade dress
and other laws and may not be copied or imitated in whole or in part.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this Site are
the property of Converters Prepress, Inc. or other third parties. You are not
permitted to use the Marks without the prior written consent of Converters Prepress,
Inc. or such third party that may own the Marks. Converters Prepress, Inc. and
the Converters Prepress, Inc. logo are trademarks of Converters Prepress, Incorporated.
Prohibited communications
You may submit only User Content or Design Content to the Site that is
- (a) owned by you,
- (b) submitted with the express permission of the owner or within the scope of
the license to such content, or
- (c) in the public domain. You are prohibited from posting or transmitting to
or from this Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials that would
violate any law or the rights of others, including, without limitation, laws
against copyright infringement, and rights of privacy and publicity. Violation
of these restrictions may result in denial of or limitations on access by you to
this Site.
User conduct
In using the Site, including all Services and Materials available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Site or
affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site any viruses or
other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service, or
system without authorization from Converters Prepress, Inc.;
- not to access or attempt to access any Design Content which you are not
authorized to access;
- not to disrupt or interfere with the security of, or otherwise cause
harm to, the Site, or any Services, Materials, system resources, accounts,
passwords, servers, or networks connected to or accessible through the Site or
any affiliated or linked sites.
Managing content and communications
Although it is not our intention to do so, Converters Prepress, Inc. reserves the right,
in its sole discretion, to delete or remove User Content from the Site and to restrict,
suspend, or terminate your access to all or part of this Site, at any time if we have
cause to do so (including, without limitation, our good faith belief that you have violated
the Terms of Use) without prior notice or liability. In addition, Converters Prepress, Inc.
reserves the right to delete or remove Design Content if the relevant subscription has
expired or lapsed or if Converters Prepress, Inc. has a good faith belief that the user
posting such Design Content has violated these Terms of Use, or any law or regulation,
or that such deletion or removal is necessary to comply with the law or to protect the
rights of Converters Prepress, Inc. or others.
To the maximum extent permitted by law, Converters Prepress, Inc. will have no liability
related to User Content or Design Content arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Converters Prepress, Inc. also disclaims all liability
with respect to the misuse, loss, modification, or unavailability of any User Content or
Design Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number, account name,
and/or password, if applicable. You are responsible for damages resulting from all uses of
your account number, account name, and/or password, whether actually or expressly authorized
by you, unless access to your account number, account name, and/or password was obtained
through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CONVERTERS
PREPRESS, INC. OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES,
THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY
OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CONVERTERS PREPRESS, INC. MAKES NO
WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES
AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR
RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED
FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL
BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
CONVERTERS PREPRESS, INC. MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CONVERTERS PREPRESS,
INC. MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) CONVERTERS PREPRESS, INC. DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES
ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) CONVERTERS PREPRESS, INC. MAKES NO REPRESENTATION
OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES;
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CONVERTERS
PREPRESS, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES. CONVERTERS PREPRESS, INC. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH
ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM CONVERTERS PREPRESS, INC. OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Personal information and privacy
To learn about how Converters Prepress, Inc. protects your personal information, such as
your name and address, refer to the Converters Prepress, Inc. Online Privacy Policy. Except
as set forth in the Privacy Policy or in the Terms of Use, your personal information will be
deemed to be confidential. With the exception of Design Content and certain types of User
Content, any non-personal information or material sent to Converters Prepress, Inc. will
generally be deemed to NOT be confidential. You understand and agree that we may disclose
information about you if we have a good faith belief that we are required to do so by law or
legal process, to respond to claims, or to protect the rights, property, or safety of
Converters Prepress, Inc. or others, or as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CONVERTERS PREPRESS, INC.,
ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CONVERTERS PREPRESS, INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR
MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS
WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY
FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE
SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY
TO YOU.
Indemnity and liability
You agree to indemnify and hold Converters Prepress, Inc., and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out
of content you submit, post to, or transmit through the Site (including, without limitation,
any User Content, Design Content or computer viruses), your use of the Site, your connection
to the Site, your violation of the Terms of Use, the actions of any member of your Work Group
(solely if you are a Subscriber to the Asset Management service), or your violation of any
rights of another person or entity.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site
constitute the entire agreement between Converters Prepress, Inc. and you with respect to
your use of the Site. If for any reason a court of competent jurisdiction finds any provision
of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the parties as reflected by
that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Any failure by Converters Prepress, Inc. to enforce or exercise any provision of the Terms of
Use or related right shall not constitute a waiver of that right or provision. The section
titles used in the Terms of Use are purely for convenience and carry with them no legal or
contractual effect.
