Electric Butterfly - Terms of Use

On this web site, Electric Butterfly makes available to you a wide range of information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, resources, and services.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By accessing and using this web site in any way, including, without limitation, browsing the web site, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEB SITE IN ANY MANNER. The Terms of Use are entered into by and between Electric Butterfly and you. If you are using the web site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

Electric Butterfly reserves the right, at Electric Butterfly's sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this web site following the posting of changes to the Terms of Use will mean you accept those changes.

Use of Materials Limitations

All materials contained in the web site are the copyrighted property of Electric Butterfly, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Electric Butterfly, or its subsidiaries or affiliated companies and/or third-part licensors.

Unless otherwise specified, the materials and services on this web site are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the web site without the written permission from Electric Butterfly.

Your privacy is very important to Electric Butterfly. Read Electric Butterfly's Privacy Policy for details.

Use of Software on the Web Site

Any software that is made available to download from the web site ("Software") is the copyrighted work of Electric Butterfly and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), or as expressly stated on the web site pages accompanying the software.

The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Use of Documents and Publications on the Web Site

Except as expressly prohibited on this web site, you are permitted to view, copy, print and distribute publications and documents within this web site (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will not remove the copyright notice and other proprietary notices on the material, and e) you agree that Electric Butterfly may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Electric Butterfly. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this web site. Those elements of the web site are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic or image from the web site may be copied or retransmitted unless expressly permitted by Electric Butterfly.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ELECTRIC BUTTERFLY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ELECTRIC BUTTERFLY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ELECTRIC BUTTERFLY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEB SITE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELECTRIC BUTTERFLY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

Disclaimers and Other Notices on the User of the Web Site

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND ELECTRIC BUTTERFLY HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ELECTRIC BUTTERFLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL ELECTRIC BUTTERFLY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ELECTRIC BUTTERFLY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

ELECTRIC BUTTERFLY MAY MAKE CHANGES TO THE WEB SITE, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEB SITE AT ANY TIME AND WITHOUT NOTICE.

THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF ELECTRIC BUTTERFLY AND ELECTRIC BUTTERFLY IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ELECTRIC BUTTERFLY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT ELECTRIC BUTTERFLY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.

No Unlawful or Prohibited Use

As a condition of your use of the web site, you will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Electric Butterfly server, or the network(s) connected to any Electric Butterfly server, or interfere with any other party's use and enjoyment of the web site. You may not attempt to gain unauthorized access to services, materials, computer systems or networks connected to any Electric Butterfly server or to the web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the web site.

Spam E-mail

You agree that Electric Butterfly would be irreparably harmed by the use, by you or others, of the web site or facilities in connection with the transmission of spam or unsolicited e-mail in violation of these Terms of Use, and that Electric Butterfly is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Electric Butterfly reserves the right to block, filter or delete unsolicited e-mail.

Indemnity

You agree to indemnify, defend and hold Electric Butterfly, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your use of the web site, including any use by your employees, your connection to the web site, your violation of the Terms of Use, or your violation of any rights of another.

Advertisements and Promotions

Electric Butterfly may run advertisements and promotions from third parties on the web site. The manner, mode and extent of advertising by Electric Butterfly is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Electric Butterfly found on or through the web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Electric Butterfly is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Electric Butterfly advertisers on the web site.

TRADEMARKS: Trademarks and intellectual properties referenced within this web site are either registered trademarks or trademarks of Electric Butterfly, Inc. in the U.S. and/or other countries. Third-party trademarks, trade names, products and logos referenced within this web site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

General Information

The Terms of Use constitute the entire agreement between you and Electric Butterfly and govern your use of the web site, superseding any prior agreements between you and Electric Butterfly on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and Electric Butterfly in effect as of the date of your use of the web site and specifically regarding your use of the web site ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other Electric Butterfly services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.

California law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

Electric Butterfly controls and operates this web site from its headquarters in various locations in the United States of America and makes no representation that this web site is appropriate or available for use in other locations. If you use this web site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

The failure of Electric Butterfly to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.