Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing This Website.
This document was last updated on April 11th, 2009.
This Terms of Use Agreement sets forth the standards of use of the Primo Software
Corporation Online Services. By using this website you (the “User”)
agree to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall become effective immediately
upon being posted at this website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this Agreement may
not be amended.
1. Description of Service
Primo Software is providing User with access to certain online services. User must
provide (1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for User’s access to the Internet, and (3) pay
any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Primo Software on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Primo Software makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or otherwise.
Primo Software shall have no liability for any interruptions in the use of this
Website. Primo Software disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
PRIMO SOFTWARE CORP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
PRIMO SOFTWARE CORP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF PRIMO SOFTWARE CORP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold Primo Software, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or infringement by User, or
other user of the Service using User’s computer, of any intellectual property or
any other right of any person or entity.
5. Modifications and Interruption to Service
Primo Software reserves the right to modify or discontinue the Service with or without
notice to the User. Primo Software shall not be liable to User or any third party
should Primo Software exercise its right to modify or discontinue the Service. User
acknowledges and accepts that Primo Software does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Users to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Primo Software makes every effort
to ensure that the information on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information provided on this
website.
Primo Software makes no warranties or representations whatsoever with regard to
any product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction
This website is operated and provided in the State of California. As such, we are
subject to the laws of the State of California, and such laws will govern this Terms
of Use, without giving effect to any choice of law rules. We make no representation
that this website or other services are appropriate, legal or available for use
in other locations. Accordingly, if you choose to access our site you agree to do
so subject to the internal laws of the State of California.
9. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with
any such laws. User may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
User further agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2008 Primo Software,
with all rights reserved, or is the property of Primo Software and/or third parties
protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of Primo Software is strictly prohibited. Users agree that they will not
use any robot, spider, or other automatic device, or manual process to monitor or
copy our web pages or the content contained therein without prior written permission
of an authorized officer of Primo Software.
PrimoBurner, DVDBuilder, PrimoMpeg, SwiftDisc, SwiftDisc Burning Wizard, SwiftDisc Publisher, SwiftDisc Archive Manager are proprietary
marks of Primo Software. Primo Software’s trademarks may not be used in connection
with any product or service that is not provided by Primo Software, in any manner
that is likely to cause confusion among customers, or in any manner that disparages
or discredits Primo Software.
All other trademarks displayed on Primo Software’s website are the trademarks of
their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Primo Software.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Primo Software designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Primo Software Corp, P.O.BOX 9586, Glendale, CA 91226
By Email: info@primosoftware.com
12. Botnets
Primo Software retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any host namesare used as command
and control points for botnets, Primo Software reserves the right to direct the
involved host namesto a honeypot, loopback address, logging facility, or any other
destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Primo Software, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a User. User agrees that by accepting this
Terms of Use Agreement, User is consenting to the use and disclosure of their personally
identifiable information and other practices described in our Privacy Policy Statement.