Terms and Condition of USE

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By accessing and using this web site, you agree to abide by these Terms and Conditions of Use. If you do not agree to all of these terms and conditions, please do not access or otherwise use this web site or any information contained on this web site. These Terms and Conditions of Use may be revised periodically, and we advise you to check here from time-to-time for any changes. Your continued use of the web site shall be deemed your consent to such changes.

UVitec Printing Ink, Inc. (“UVitec”) may modify or discontinue any portion of this web site or any services, tools, digital products, products, events or forums related to this web site with or without notice to you and without liability to you or any third party, except as provided herein.

1. Privacy Policy

While you are using the UVitec web site, we may collect from you certain “non-personal information” through the use of “cookies” and “web beacons.”  Non-personal information is information that is not traceable back to any individual and cannot be used to identify an individual (i.e. information such as gender, age, city and state when not linked with other personal information).  Third parties under contract with UVitec may also use cookies or web beacons to collect non-personal information about your usage of the UVitec web site, and this information may be used by UVitec to tailor the advertising you may see on the UVitec web site and on sites within the networks of these third parties.  This non-personal information is anonymous and does not contain any personal information about you. 

If you choose to contact us and submit certain “personal information,” you may do so at your discretion.  You are responsible for ensuring the accuracy of the personal information you submit to the UVitec web site.  Inaccurate information will affect the information you receive when using our site and our ability to contact you as described herein.  For example, your e-mail address should be kept current because that is how we communicate with you.

Personal information collected through this web site may be used by UVitec to communicate with you, allow purchasing and shipping of products or services, enable you to participate in special promotions, administer our web site, comply with applicable law, and as otherwise provided in this Agreement.  We may occasionally make personal information available (e.g. in the form of subject specific contact lists) to select other companies or organizations, including affiliated companies or organizations, agents working on our behalf, companies or organizations with whom we have a contractual or sponsor relationship, or in connection with an asset transfer.  We may also provide aggregated data to these and other companies or organizations.  Although we may make reasonable inquiries to determine that such other companies or organizations maintain web site privacy policies comparable to ours, we are not responsible for the enforcement of such policies. 

UVitec may also use your personal information to send updates, newsletters, and various notices to you via e-mail.  If you provide your mailing address or telephone number, UVitec may further use your personal information to contact you by mail or by telephone regarding special offers from UVitec, updated information about UVitec or the UVitec web site, and new services offered by UVitec. 

This privacy policy does not apply to content, business information, ideas, concepts or inventions that you send to UVitec by e-mail or otherwise.  If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them to UVitec.

Additionally, we may disclose your personal information when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating this Agreement, or to protect the safety, property or other rights of our users or the public.  We may also disclose your personal information if we believe in good faith that we are required to do so in order to comply with applicable law, a subpoena, or other legal process.

2. Intellectual Property

The design of this web site and its content are the property of UVitec and are protected by copyright, trademark, and other intellectual property laws.  UVitec authorizes you to view and download the content portion of this web site for non-commercial, educational and personal use only or for fair use as defined in the United States copyright laws, subject to any additional terms and restrictions which may be applicable to the individual file or program and subject to any disclaimers regarding such content set forth herein or on the web site itself.  Users must, however, retain, on any copies of the materials, all copyright and other proprietary notices (including any disclaimers pertaining to such materials) contained on the original materials, and also, where applicable, must cite the author and source of the materials as they would material from any printed work, with citations which include the URL “www.uvitec.com.”

UVitec does not warrant that use of the materials displayed on its web site will not infringe the rights of third parties not owned by or affiliated with UVitec.  For example, some materials may be under copyright by the author or the author’s heirs holding rights to these materials.  Such materials may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.

You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit this web site or its content.  Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited. 

The display of any trade names, trademarks, service marks, logos, or domain names on this web site does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names.  Also, use or reference to any products, services, processes or other information by trade name, trademark, service mark, logo, domain name or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by UVitec, nor does it imply the endorsement, sponsorship or recommendation of UVitec by such product, service, process, etc.  Any photographs of end-use applications on the web site represent potential end-use applications but do not necessarily represent current commercial applications, nor, again, do they represent an endorsement, sponsorship or recommendation by UVitec of the actual products, or an endorsement, sponsorship or recommendation by any manufacturer for a specific potential end-use product or application displayed, or for UVitec, or for specific products manufactured by UVitec.  THE PHOTOGRAPHS ARE FOR ILLUSTRATION PURPOSES ONLY.

By emailing content or otherwise submitting material (digitally or otherwise) to this web site, you grant UVitec a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (through multiple tiers) non-exclusive right in your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter devised. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content does not violate this policy or any other policy set forth by UVitec and will not cause injury to any person or entity; and that you will defend, indemnify and hold UVitec and its employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) resulting from content you supply.  You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content submitted to the web site retains any and all rights that may exist in such content. This information will only be used in accordance with the UVitec’s privacy policy.

3. Security

You should be aware that the Internet is not secure.   If you choose to send any electronic communications by means of this web site, you do so at your own risk. UVitec does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.  UVitec further does not guarantee the security of any customer information.

4. Disclaimers; Limitations of Liability

YOUR ACCESS TO AND USE OF THIS WEB SITE ARE AT YOUR SOLE RISK.  YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES.  UVitec DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE, INCLUDING ALL CONTENT, SERVICES, DIGITAL PRODUCTS, FORUMS, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE UVitec WEB SITE.  THIS WEB SITE AND THE INFORMATION ON IT ARE PROVIDED "AS IS" AND “AS AVAILABLE.”  UVitec MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  UVitec SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THIS WEB SITE, OR DELAYS, INACCURACIES, ERRORS, DEFECTS OR OMISSIONS IN THE WEB SITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF UVitec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF THE POSSIBILITY OF SUCH DAMAGE OR LOSS IS FORSEEABLE OR NOT.
 

UVitec SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEB SITE, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, PRODUCTS, EVENTS, FORUMS AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE UVitec WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF UVitec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF THE POSSIBILITY OF SUCH DAMAGE OR LOSS IS FORSEEABLE OR NOT.  YOU HEREBY EXPRESSLY RELEASE UVitec FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEB SITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED.  UVitec DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT.  UVitec IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEB SITE.

YOU UNDERSTAND AND AGREE THAT UVitec DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE UVitec WEB SITE.  UVitec IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. 

UVitec IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE UVitec WEB SITE.  AS A CONVENIENCE TO OUR USERS, WE MAY MAKE STATEMENTS REGARDING CERTAIN WEB SITES, HOWEVER, BY DOING SO, UVitec IN NO WAY MAKES ANY REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY WEB SITES TO WHICH UVitec MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST UVitec WITH RESPECT TO SUCH SITES.

UVitec MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY ADVERTISEMENT.  UVitec SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM ANY ADVERTISEMENTS.
 

Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise, and services available through this site.

5. Indemnification

You agree to defend, indemnify, and hold UVitec and its employees, agents, officers, directors, agents, contractors, suppliers, constituents and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your use of this web site. UVitec may participate in the defense of any claim or action at your expense and any negotiations for settlement. UVitec reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.

6. Interpretation

If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.

7. Links on This Web Site to Third Party Sites

This web site may contain hyperlinks to web sites operated by persons or entities other than UVitec.  Such hyperlinks to other web sites, whether to a home page or some other page on a web site, are provided for your reference and convenience only. You agree not to hold UVitec responsible for the content or operation of such web sites. A hyperlink from this web site to another web site does not imply or mean that UVitec endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this site.  We therefore encourage you to familiarize yourself with the terms and conditions of use and privacy policies of linked web sites. 

8. Links to This Web Site on Third Party Sites

Web sites operated by persons or entities other than UVitec may contain hyperlinks to this web site. You agree not to hold UVitec responsible for the content or operation of such third party web sites. A hyperlink to this web site on another web site does not imply or mean that UVitec endorses either the content of the web site containing the hyperlink to this web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites which might link to this web site.

9. Communications

You must be eighteen or over to use this web site.  If you are under eighteen years of age, you should not provide any personally identifiable information on this site without the knowledge and permission of your parent or guardian.  We do not knowingly collect personally identifiable information from children under eighteen years of age.

10. Promotional Materials

UVitec and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc.  UVitec makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither UVitec nor such third party shall have any liability with respect thereto.

11. Advertising Rights

UVitec reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with any content submitted by you to UVitec, and UVitec will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.  Nothing in these Terms and Conditions of Use obligates or may be deemed to obligate UVitec to sell, license or offer to sell or license any advertising, promotion or distribution rights.

12. Color Information

While UVitec has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

13. International Visitors

UVitec makes no representation that materials on this web site are appropriate or available for use in locations outside the United States.  If you access this web site from outside the United States you are responsible for compliance with local laws.

14. Choice Of Law And Forum

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the Essex County, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

15. Miscellaneous

In the event that any provision of these Terms and Conditions of Use conflicts with the law under which the Terms and Conditions of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions of Use will remain in full force and effect.

The failure of either part to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions of Use or to exercise any right under the Terms and Conditions of Use will no be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

UVitec may assign its rights and obligations under these Terms and Conditions of Use and upon such assignment UVitec may be relieved of any further obligation hereunder.

These Terms and Conditions of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions of Use will, at the election of UVitec, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions of Use will remain valid and enforceable.

Last Updated:  February 18, 2010.