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Electronics For Imaging, Inc.'s Mobile Printing™ Service Terms of Use Agreement

Electronics For Imaging, Inc. ("EFI") provides its Mobile Printing™ service ("Service") to you, subject to the terms and conditions of this Mobile Printing Terms of Use Agreement ("TOU"). Please read this TOU carefully. By clicking to acknowledge your agreement to this TOU or by using the Service, you agree to abide by the terms and conditions in this TOU.

 

YOUR OBLIGATIONS:

Where applicable, you agree to provide EFI with accurate and complete registration information, and agree to keep that information updated at all times. If you are required to register, you will select an account ID and a Password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You are entirely liable for all activities conducted through your account. You agree to immediately notify EFI of any unauthorized use of your account or any other breach of security you know of or suspect. In order to use the Service, you may need to download software ("Software"), which will be available on the Site. You agree that the Service and Software are provided "AS IS," and that EFI will not be liable for your downloading or use of the Software. Furthermore, you agree that use of the Software is governed by the terms of the license agreement that accompanies the Software.

 

PROHIBITED USES:

You agree to use the Service only for lawful purposes. You also agree not to: a) copy, in whole or in part, the Site, b) use, transmit, or receive any materials protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization; c) distribute computer viruses, worms, or any software intended to damage or alter a computer system; and d) print, send or relay unsolicited advertising using the Site.

 

SUPPORT:

You understand that EFI is not obligated to provide technical support, phone support, or updates to you for the Service, and does not warrant or guarantee that it will repair or fix any identified "bugs". However, EFI does agree to use its reasonable efforts to correct "bugs" in the Service and Software.

 

PROPRIETARY RIGHTS:

You acknowledge that the Service and Software are proprietary to EFI and that title and other intellectual property rights therein remain with EFI. This TOU does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect to the Service. You may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of EFI or any of its suppliers or take any other action which impairs or reduces the trademark rights of EFI or its suppliers. Mobile Printing and EFI are trademarks of EFI.

 

REMEDIES AND TERMINATION:

In the event EFI reasonably believes there has been any actual or potential violation of the spirit, intent, or letter of this TOU, EFI reserves the right to immediately suspend or terminate, either temporarily or permanently, your access to the Service, to block any prohibited activity, or to take any other actions as deemed appropriate by EFI in its sole discretion. If you violate this TOU, you may incur criminal and/or civil liability. Notwithstanding the above, either you or EFI may terminate your account at any time by notifying the other party in writing. Upon termination, you shall destroy the Software. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and EFI's proprietary rights shall survive termination.

 

PRIVACY POLICY:

The privacy policy is found below and is incorporated herein.

 

DISCLAIMER OF WARRANTY:

YOU UNDERSTAND THAT THE SERVICE AND SOFTWARE MAY CONTAIN ERRORS, "BUGS," AND OTHER PROBLEMS WHICH MAY RESULT IN SYSTEM FAILURE OR FAILURE IN THE USE OF THE SERVICE AND/OR SOFTWARE OR LOSS OF DATA. CONSEQUENTLY, EFI PROVIDES THE SERVICE AND SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND. EFI MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SERVICE AND/OR SOFTWARE EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS TOU OR COMMUNICATION WITH YOU, AND EFI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

LIMITATION OF LIABILITY:

IN NO EVENT SHALL EFI OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY you OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EFI'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY YOU TO EFI FOR THE USE OF THIS SERVICE.

 

REPRESENTATION AND INDEMNITY:

If Are an End User of the Service or Are Otherwise Are Using or Submitting Materials Through the Service:

By submitting materials through the Service, you: (a) represent and warrant that such materials do not infringe or violate the copyrights, trademarks, or other rights of any third parties, and that you have the authority to reproduce and distribute (and to authorize others to reproduce and distribute) such materials; and (b) agree to indemnify, defend, and hold EFI harmless from any claims, damages, losses, costs, or other expenses arising out of or relating to your breach of the foregoing.

If Are a System Owner or Administrator or are Allowing Others to Use or Submit Materials Through the Service:

By allowing the use or submission of materials through the Service, you: (a) agree to use your best efforts to ensure that (i) such materials do not infringe or violate the copyrights, trademarks, or other rights of any third parties, and that (ii) the person or entity using or submitting materials through the Service has the authority to reproduce and distribute (and to authorize others to reproduce and distribute) such materials; and (b) agree to indemnify, defend, and hold EFI harmless from any claims, damages, losses, costs, or other expenses arising out of or relating to your breach of the foregoing.

 

MODIFICATIONS:

EFI may automatically amend this TOU (including the Privacy Policy set forth herein) at any time by (a) posting a revised TOU on the EFI website www.Mobile Printing.com, and/or (b) sending information regarding the amendment to you by email. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. EXPORT CONTROLS: you agree not to export or re-export the Software in any form in violation of any applicable laws or regulations of the United States or the country in which you obtained them.

 

GOVERNMENT USE:

Use, duplication or disclosure of the Software by the United States Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Right Clause at 48 CFR 52.227-19, as applicable.

 

GENERAL:

The laws of the State of California govern this TOU. You also consent to the exclusive jurisdiction of the state and federal courts in San Mateo, California, and you further consent to the exercise of personal jurisdiction of the courts therein and that proper venue lies therein. This TOU supersedes any other communications or advertising with respect to the Service. If any provision of this TOU is held invalid, the remainder of this TOU shall continue in full force and effect.

 

Electronics For Imaging, Inc.'s Mobile Printing Privacy Policy

Your privacy is important to us. Electronics For Imaging, Inc. and its affiliates (collectively the "Company") has prepared this privacy notice ("Notice") to describe the type of information that EFI collects about you and how that information may be used and disclosed when you access or use any of EFI's products or services via the Internet or through any device or service that allows Internet access or uses the Internet to deliver products or services. This Notice is incorporated into the applicable terms of use (the "Terms of Use") of EFI's web site and/or individual product or service purchased or used by you. This Notice does not apply to any information or data that may be collected from you offline. EFI may revise or update this Notice from time to time, so you should refer back to this page often for the latest information.

 

WHAT IS "PERSONALLY IDENTIFIABLE INFORMATION"?

"Personally Identifiable Information" is information that can be directly associated with a specific person such as a name, address, telephone number or e-mail address. If you are an individual user of the Service, your name, address, telephone number and e-mail address are Personally Identifiable Information. This Notice will govern how we treat your Personally Identifiable Information. Whenever a business entity subscribes to our services or purchases a product and provides such services or product to its employees (e.g., if your company subscribes to the service or product on your behalf), this Notice generally will govern how we treat the employees' Personally Identifiable Information. However, we view the business entity as the subscriber or end-user and our service or product agreement with the business entity may require that we provide access to or disclose Personally Identifiable Information about an employee's use of the service such as service usage or location information. In that case, the subscriber company's own privacy policy will govern how it treats that information. If you are an employee of the subscriber or purchaser of the service or product, you should be aware that your employer has the right to access information about your usage of the service or product and any transactions you undertake through use of the service or product.

 

WHAT IS AGGREGATE INFORMATION?

EFI's definition of Personally Identifiable Information does not include "Aggregate Information." Aggregate information is data EFI collects about a group of individuals or category of services or subscribers from which individual subscriber identities have been removed. Aggregate Information could include data on how you use the service or product. This information may be collected by EFI and combined with information about how others use the service or products, but no Personally Identifiable Information will be included in the resulting data. EFI uses Aggregate Information to help it understand demographic trends and user needs so that it can better serve your needs and the way in which you use the services or products.

 

WHEN AND HOW IS INFORMATION COLLECTED?

EFI collects information about you in a variety of ways:

Information You Give Us:

EFI collects information you give it when you sign up for, use, or request information about EFI's services or products or otherwise communicate with EFI through the Internet or any device that allows Internet access. Such information may include your contact information as well as your billing address and credit card information when you sign up for services or purchase a product. When you sign up or register for such products or services, EFI may advise you of your options regarding the type of information that is collected, how it is used, and the manner in which you would like EFI to communicate with you.

Automatically Collected Information:

EFI automatically receives certain types of information whenever you interact with EFI or use its products or services. For example, EFI obtains certain types of information when your Web browser accesses EFI's web site, including your IP address and the type of browser you use. EFI also receives similar information when you use products or services that require that a mobile or other device access EFI's computer systems.

Information from Other Sources:

EFI may receive information about you from other sources, such as credit and/or credit card information from third party sources before initiating service. We may also buy marketing information from others to help us better inform you about new products or services that we think will interest you.

Cookies:

Cookies are text files that are placed on your hard drive by a web site when you visit that web site. Cookies identify your computer and record your preferences and other data about your visit to that site so that when you return to the site, the site knows who you are and can personalize your visit. Cookies also enable a Web site shopping cart to function so that you only have to check out once. EFI may use cookies in general to collect information to determine how to improve our sites by seeing which areas, features and products are most popular; to personalize the site and make recommendations based on products you have liked in the past as well as to improve the site experience; and to complete transactions you have requested. Advertisers that serve ads on our Web sites may also use their own cookies.

Web Beacons:

Web beacons, also called single-pixel gifs, are electronic images that are placed on web pages or in an email message. These web beacons are designed to monitor who is reading a web page or email message. They are often invisible to the user because they are typically very small. Web beacons are not used to access your Personally Identifiable Information. They are only used to compile aggregate statistics about usage. Some sites accessible through EFI web site or through use of its products or services may contain web beacons be placed there by EFI's advertisers or third party service providers to collect the same type of aggregate information.

 

HOW DOES EFI USE PERSONALLY IDENTIFIABLE INFORMATION?

EFI uses Personally Identifiable Information for billing purposes, to market and provide services, to resolve problems with your product or service, and to create and inform you of products or services that better meet your needs. This information allows EFI to understand how you use EFI's web site, product or services and in some cases enables EFI to customize and personalize your experience.

 

HOW WILL PERSONALLY IDENTIFIABLE INFORMATION BE DISCLOSED?

EFI does not sell Personally Identifiable Information to others and we disclose Personally Identifiable Information only in the following ways:

With your Consent:

EFI may request your consent to disclose your Personally Identifiable Information in a number ways: in writing, online by clicking a button, verbally, in person or over the telephone, or at the time of initiation or use of any service when your consent is part of the required terms and conditions to use a service or product.

To Complete your Service Requests or Transactions:

EFI discloses Personally Identifiable Information to third parties as necessary to complete a transaction or perform a service on your behalf, for example, charging your credit card for product or service purchased. When EFI does disclose your Personally Identifiable Information for such a purpose, that third party will not be permitted to disclose Personally Identifiable Information to another third party without your consent.

EFI's services may let you take advantage of services and products offered by other companies, either by electing to receive information about those services and products or by directing you to third party web sites. In those cases, information about you received by those third parties will be governed by their privacy policies. For example, when you purchase a product or service from a merchant through EFI's web site or through a wireless service, you may provide Personally Identifiable Information to that entity and some information may automatically be passed to the site as well, such as your source IP address or other device identifier. Whenever you use the products or services of third parties, their privacy policies will control their use of your information.

For your Protection and the Protection of EFI and Others:

EFI will release Personally Identifiable Information and other account information when EFI believes it is necessary or appropriate to comply with the law, to enforce EFI's end user terms or customer agreements, to initiate, render, bill, and collect for products or services, to protect EFI's rights or property, or to protect other users from fraudulent, abusive, or unlawful use of EFI's products or services; or if EFI reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of such records.

 

WHAT ABOUT LOCATION-BASED SERVICES AND INFORMATION?

If your product or service incorporates or consists of a mobile device, EFI's network generally knows its "location." This location capability makes wireless communications possible and enables EFI to properly bill for services.

Currently, EFI discloses location information to third parties when required to do so to provide services, or in emergency situations to provide such information to emergency medical services providers, fire or law enforcement officials. The law also permits EFI to disclose location information without consent to inform a user's legal guardian or members of a user's immediate family of the user's location in an emergency situation, or to providers or managers of information in order to assist in the delivery of emergency services, or to government agencies if EFI reasonably believes that an emergency involving immediate danger of death or serious physical injury justifies disclosure without delay.

 

WHAT ABOUT USE IN ON-LINE SHOPPING?

Through some of EFI's products and service, you may be able to purchase products or services or register to receive materials such as newsletters, catalogs and new product and service updates. In many cases you will be asked to provide contact information and possibly credit card information. If you complete an order for someone else, such as an online gift order to be sent directly to a recipient, you may be asked to provide information about that recipient. You should be aware that EFI has no control over third parties' use of any information you provide to such a third party when placing an order. Please exercise caution when doing so. If you order products or service directly from EFI, your Personally Identifiable Information will be subject to this Notice and EFI will only use your Personally Identifiable Information to process such order and in the other ways described in this Notice.

 

WHAT ABOUT VOLUNTARY CUSTOMER SURVEYS?

EFI may periodically conduct customer surveys. We encourage you to participate in these surveys because they provide us and our partners and affiliates with important information that helps us improve the types of services and product we offer. We take the information we receive from an individual completing a customer survey and combine it with information we receive from other individuals to create broader, generic responses to the survey questions. We consider the resulting information to be aggregate information that may be shared with third parties. This aggregate information will not contain Personally Identifiable Information.

 

WHAT KIND OF SECURITY DOES EFI USE FOR PERSONALLY IDENTIFIABLE INFORMATION?

EFI maintains physical, electronic, and procedural safeguards for information collected through the use of its Web site that is consistent with industry standards and applicable federal regulations. However, you should be aware that EFI has no control over the security of other sites that you visit on the Internet, or from which you buy products or services.

 

WHAT ABOUT YOUR COMMUNICATIONS ON OR WITH EFI'S WEB SITE OR SERVICES?

Except as stated in this Notice with respect to Personally Identifiable Information, or the Terms of Use for the applicable product or service, transmissions and other voluntary submissions of your information to and from EFI's web site or through the use of other services are not confidential, and you should be aware that your transmissions may be read or intercepted by others. These transmissions may include emails, posting to public bulletin boards or chat rooms, and submissions or contributions of text or scanned images. You acknowledge that except as stated in this Notice, the applicable Terms of Use, and any other policies posted or provided to you by EFI, there is no confidential, fiduciary or contractual relationship, either implied or explicit, created between you and EFI with respect to these submissions.

WHAT ABOUT INFORMATION PROVIDED IN PUBLIC FORUMS?

Any information that is disclosed in public areas of EFI web site or public areas offered through any of EFI's products or services will become public information. EFI cannot control the use of information disclosed in Public Forums, such as bulletin boards and chat rooms. You should exercise caution when disclosing information in these public areas and should refrain from disclosing Personally Identifiable Information.

 

HOW CAN A USER HELP TO PROTECT HIS OR HER PERSONALLY IDENTIFIABLE INFORMATION?

An important part of protecting the security of Personally Identifiable Information is your efforts to protect against unauthorized access to your product or service, wireless device, user name and password, and computer. You should not share your user information, identification and password with others. You should also make certain to sign off your computer and/or any product or service when you are finished. Always make certain to log out of any site when you are finished viewing personal account information.

Except as stated in this Notice and in the applicable Terms of Use, EFI makes no representations or warranties about the security of any wireless or web services or that your use will be error-free, uninterrupted, or free of infection by viruses or other malicious codes or acts of third parties.

 

HOW DOES THIS PRIVACY POLICY APPLY TO CHILDREN?

EFI recognizes that parents may purchase products and services for family use, including for use by minors. Any information collected from such usage will appear to be that of the subscriber (the parent) and be treated as such under this Notice. Further, in accordance with the Children's Online Privacy Protection Act and this Notice, EFI does not design or intend for its products or services to collect Personally Identifiable Information from children under the age of 13. If EFI's policies change in that regard, it will obtain verifiable parental consent before any collection, use or disclosure of such information. However, if a child under 13 uses a service or product with or without your permission to access a site on the Internet, that site's privacy policy will govern that child's use of the site, including treatment of information your child provides to that site. Such use of information is outside the control of EFI, but we encourage you to be involved in the online activities of your children to ensure that no information is collected from a child under 13 without parental permission.

 

HOW CAN YOU CHECK ACCOUNT INFORMATION OR CHANGE YOUR PROFILE?

If you are registered, you may change your password, and certain other information by logging into your account at www.Mobile Printing.com. You may also contact a service representative for assistance.

 

WHAT ABOUT DISPUTES?

Any dispute over this Notice or its application to you is subject the terms of the applicable Terms of Use.

 

WILL THIS NOTICE BE CHANGED IN THE FUTURE?

EFI may update this Notice in the future for a variety of reasons including, but not limited to, changes in the products or service offering, changes in the technology or the way services are provided or due to the introduction of new services. EFI may also update this Notice and/or change the way Personally Identifiable Information and/or other information is collected and used due to changes in state and federal regulations. You should refer back to this page often for the latest information.

 

HOW CAN YOU CONTACT US?

EFI is committed to the policies set forth in this Notice. If you have any questions, comments or concerns about this Notice, please contact EFI at Electronics For Imaging, Inc., 303 Velocity Way, Foster City, CA 94404. You may also contact us with any other questions about your service or account by e-mail at Mobile Printingsupport@efi.com.

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