TERMS OF SERVICE
These terms of service, together with any other agreements or terms incorporated by reference govern your use of the Services. These Terms constitute a binding and enforceable legal contract between EDWIN JARVIS LLC and You. By accepting these Terms electronically by clicking a box indicating your acceptance, or by using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.
- "Account" means an online account registered by you for the purpose of using the Services.
- "Additional Services" means Services that You purchase, as distinguished from the Services which are provided for free, and may include an increase in the storage space and other premium services and functions. EDWIN JARVIS LLC may, at its discretion, decide that Services which have heretofore been available without charge shall become Additional Services which are provided for a fee and such change shall become effective upon posting on the Websites as set out in Section 14.2.
- "Connected Devices" means the presses and printing equipment, DFEs and RIPs and finishing equipment which You connected to the Platform and with respect to which Services are provided.
- "Content" means any files, data, material and information submitted, uploaded and stored by You and Your clients through the Service.
- "Platform" means Our online solution for businesses to perform and manage print production operations, including the receipt, management and printing of jobs, as well as the management of presses, printers and other Connected Devices, and services supplied hereunder with respect to such Connected Devices.
- "Services" means any applications, products, services (including any Additional Services, to the extent applicable), documentation, and software made available through the Platform.
- "Third Party Products" means any service, products, software or application that is provided with a third party and interoperates with a Service. Such Third Party Products may be offered via a dedicated website.
- "User Data" means data relating to Your use of the Platform, the Connected Devices and Services, including but not limited to information related to:
1. Your contact and payment information, including email addresses, phone number and credit card or other payment remittance information; You are responsible for ensuring that payment information that is exchanged between You and your clients is not transmitted over the Platform.
2. print job orders and job creation,
3. Your Connected Devices, devices and supplies use and utilization information, sensor activity, statistical data, device 4. generated reports and job ticket parameters,
4. number of interactions between You and print buyers, timing of order placement-to-production cycle, order file replacement occurrences, preflight results including preflight failure,
5. settings, preferences chosen, and resource usage,
6. free text submitted by You (to enable EDWIN JARVIS LLC, its Authorized Business Partners and You to identify specific print jobs for support and servicing), and video sessions recorded during provision of support services.
7. Data voluntarily uploaded as an operator to include name and photo
- "We", "Us", "EDWIN JARVIS LLC" or "Our" is defined as EDWIN JARVIS LLC.
- "Websites" means any websites used to access Platform or Services.
- "You" or "Customer" means the company or other legal entity and its affiliates for which you are accepting these Terms.
2. The Services
- Registration. Following the initial registration of an Account you will have the ability to access the Platform and use the Services in conjunction with Connected Devices solely for the purpose of your business activity. We may update the Services from time to time, including adding or removing functions.
- Software. Some Services may require you to download software. Additionally, in order to enhance and optimize the performance of the Connected Devices with the Platform we will from time to time automatically download service packs to your Connected Devices and install certain software which is required to enable us to provide you with such use. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use such software. If any software is offered under an open source license, we will make the license available to you and the provisions of that license shall apply notwithstanding any provisions to the contrary under these Terms.
- Charges. Using the Services, other than Additional Services, is made available to you free of charge. We may charge you for Additional Services. If we charge any fees for Additional Services, the charges for such Additional Services, and any terms and conditions applicable thereto will be detailed in the applicable online description of such Additional Service.
- Service Providers. We may use channel partners (where products are sold or supported through such partners) or third parties in the operation of our Services or to perform any of our obligations (each a "Service Provider"), including using Service Providers for cloud infrastructure and hosting services. In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
- Certain Services available on the Platform may grant Third Parties beneficiary rights under this Agreement as specified in Appendix A below.
3. Registration and User Account
- Establishing an Account. You must register and establish an Account in order to use our Services. Connected Devices may require registration, installation of necessary software or action on your part, to enable the activation of Services in relation to such Connected Devices. You may elect to have multiple Accounts; each Connected Device may only be registered to one Account at any given time.
- Account Information. You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account, including details of the Connected Devices that are linked to the Account. You agree to keep your Account information up to date and accurate, including with regard to Connected Devices. Any Services provided in connection with Connected Devices associated with Your Account will be charged to your Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
- Administrator. When you initially register for and create an Account, you are, or a party that you authorize is, the administrator ("Administrator"). Administrators may authorize additional individuals to access the Services through the same Account ("Users"). Users may include, for example, your employees, contractors and agents. These Terms apply to any User of the Services.
- Access Rights. The Administrator is responsible for Users' access to the Services. Depending on the types of access rights the Administrator grants to Users, Users may be able to add or remove Connected Devices, delete, copy, or view the Content and data accessible in your Account and subscribe or unsubscribe to Additional Services. The Administrator is solely responsible for the access to the Services granted to Users and it is the Administrator's sole responsibility to add or remove access rights to Users. We are not responsible for the internal management or administration of the Services. You are responsible for Users' compliance with these Terms. A violation of any provision of these Terms by a User may result in the termination of an Administrator's or any User's access to the Services. If you choose to close or terminate your access to a Service or Additional Service, Users will no longer be able to access such Service or any of the Content within such Service. EDWIN JARVIS LLC may from time to time send you communications, unless you have opted not to receive them.
- Deletion of Account. You may delete your Account at any time. Any Content and other information and data entered into the Services may be permanently deleted if you delete the Account.
- Use of Data. EDWIN JARVIS LLC may collect User Data, and You hereby grants EDWIN JARVIS LLC permission to collect User Data available on the Platform and to use such User Data to improve the Platform performance and functionality and improve services and support to EDWIN JARVIS LLC customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. EDWIN JARVIS LLC may use Google Analytics in performing the above. EDWIN JARVIS LLC does not provide an opt-out option from the use of Google Analytics and therefore You should refrain from registering for Services if You do not agree to the use of Google Analytics in connection with the User Data. Learn more about Google Analytics at https://www.google.com/policies/privacy/partners/.
By uploading any user data you agree that you have consent from the individuals to add their name and or photo as an operator.
Where applicable, User Data collected by EDWIN JARVIS LLC will be shared with You or any Service Provider who may, directly or indirectly, provide You with support or other supplementary services in connection with the Services or Connected Devices. EDWIN JARVIS LLC may further use User Data (i) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation, subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; or (iv) to enforce/protect the rights and properties of EDWIN JARVIS LLC or its affiliates or subsidiaries.
EDWIN JARVIS LLC's Privacy Statement at https://bit.ly/edwin-jarvis-privacy-policy governs the collection and use of any personal data. By using Services you agree to the terms of the EDWIN JARVIS LLC Privacy Statement.
4. Your Content
- License to Content. You grant us a worldwide, non-exclusive license to host, copy and use your Content as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of providing the Services and supporting You in your use of the Services.
- Responsibility for Content. The Services are not intended to be used as storage, backup or archiving services. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.
5. OTHER PRODUCTS AND SERVICES
We or a third party may make available Third Party Products. We will not be responsible for any act or omission of the third party that provides the Third Party Products, including the third party's access to or use of Content, and we do not warrant or support any Third Party Products.
6. Fees and Payment
- Payment Terms. You will pay, and You authorize EDWIN JARVIS LLC or any of EDWIN JARVIS LLC's resellers to charge using your selected payment method for, all fees with respect to Additional Services subscribed to by You. Fees are non-refundable except as required by law. Charges will be made either in advance or in arrears as provided in the additional terms applicable to Additional Services, and either monthly, annually or any other billing frequency offered by EDWIN JARVIS LLC and selected by You. We will automatically renew your subscription to any Additional Services for the same subscription period. To cancel such automatic renewal you must unsubscribe to such Additional Service at least 10 days prior to the end of the applicable subscription period, or as otherwise stated in the online description of the Additional Services.
- Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information. Billing may be performed by a third party service provider of EDWIN JARVIS LLC. We may suspend or terminate the Services if fees are past due.
- Taxes. Our fees do not include taxes, levies or duties, such as value added tax, sales or use tax and any other similar charges. We will charge tax if we are required to do so.
7. Use Obligations and Restrictions
- Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control; (ii) pay the fees for the Services, if applicable, when due; (iii) use reasonable security precautions for providing access to the Services by your Users, customers or other individuals to whom You provide access; (iv) for 3D Connected Devices, comply with the terms and conditions of the 3DP End User License Agreement contained hereinbelow.
- Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person's rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
8. Intellectual Property Rights
- Retention of Rights. All rights not expressly granted to You under these Terms are reserved by EDWIN JARVIS LLC and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to EDWIN JARVIS LLC's intellectual property rights. Nothing in the Terms constitutes a waiver of EDWIN JARVIS LLC's Intellectual Property Rights under any law.
- Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
You will indemnify, defend, and hold harmless EDWIN JARVIS LLC, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the Services infringes or misappropriates a third party's intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.
10. Disclaimers of Warranties
- THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND EDWIN JARVIS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
- OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
11. Limitation of Liability
- IN NO EVENT WILL EDWIN JARVIS LLC BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EDWIN JARVIS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL EDWIN JARVIS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT GREATER OF (I) US$100.00 OR (II) THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
12. Term and Termination
- Term. These Terms commence on the date you first accept them and will remain in effect until your subscription to the Services expires or terminates, or until these Terms are terminated.
- Termination. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. Upon termination of the Services to You, the Account will be terminated, and from the date of termination You will no longer be able to access your Account.
- Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the state of Georgia excluding rules as to choice and conflicts of law and the courts in the state of Georgia will have jurisdiction; however, EDWIN JARVIS LLC or its Affiliate may bring suit for payment in the country where Your entity is located. In the event that the Services shall be provided in China, these Terms should be governed by Chinese laws and the courts in China will have jurisdiction. You and EDWIN JARVIS LLC agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
- Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit Users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
- Changes to Terms. EDWIN JARVIS LLC may change the Terms from time to time, and such change will become effective fifteen (15) days after the date on which it is posted on the Websites. Notice of changes to these Terms will be provided to the Administrator. By continuing to access or use the Services you agree to be bound by the revised Terms.
- Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
- Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
- Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and EDWIN JARVIS LLC.
- Entire Agreement. These Terms contain the entire agreement between EDWIN JARVIS LLC and You relating to your use of the Services and supersedes any and all prior agreements between EDWIN JARVIS LLC and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by EDWIN JARVIS LLC in these Terms.
- Assignment. You may not assign your rights or delegate your obligations under these Terms without EDWIN JARVIS LLC's prior written consent. Any purported assignment contrary to this section will be null and void. EDWIN JARVIS LLC may assign its obligations hereunder among the various EDWIN JARVIS LLC entities within the EDWIN JARVIS LLC Inc. group, by a change to the definition of EDWIN JARVIS LLC hereunder which change will become effective upon posting on the Websites.
- No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.
Appendix A – Third Party Beneficiaries
Adobe Systems Incorporated