marker-online.com Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE (the ˇ°TERMSˇ±) CAREFULLY BEFORE USING ANY MARKER-ONLINE SERVICE. THE USE OF ANY MARKER-ONLINE SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement The Marker-Online Services are made available to you by PAD System International Ltd subject to the following Terms. PAD System International Ltd may also offer other services under different terms of service. Marker-Online Services are made available by PAD System International Ltd only to companies or individuals who are registered users of PAD System suite of pattern design and marker making software. By using the services you represent that you are a registered user of PAD System.
Description of Service Marker-Online provides users with access to an array of services (the ˇ°Servicesˇ±) for automatic pattern nesting calculations, creation of ma r ker files, generation of control reports and statistics data. The Services accept upload of pattern files and unlaid marker files in PAD System format. The resulting files shall be forwarded to the senders via email.
You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
Subscription to Beta Service Marker-Online may offer certain Services as closed or open beta services ("Beta Services) for the purpose of testing and evaluation. Marker-Online shall have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Marker-Online shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to any Beta Service. Marker-Online reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Marker-Online shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service Marker-Online may modify the Terms upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.marker-online.com. You will be provided the option to terminate your use of the Services if Marker-Online modifies the Terms in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Services after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Member Registration Obligations In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process (ˇ°Registration Dataˇ±); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Marker-Online has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Marker-Online has the right to terminate your Account and refuse current or future use of any or all of the Services.
Personal Information and Privacy Personal information you provide to Marker-Online through the Services is governed by PAD System Privacy Policy and applicable laws related to personal information. Your election to use the Services indicates your acceptance of the terms of the PAD System Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify Marker-Online immediately of any unauthorized use of your Account at marker-online@padsystem.com . Marker-Online is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Communications from Marker-Online The Services may include certain communications from Marker-Online, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.
Fees and Payments Marker-Online reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Marker-Online requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, Marker-Online shall have the right to cease providing such Services to you.
Restriction of Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior our written permission; (iii) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. Marker-Online reserves the right to terminate your access to the Services if Marker-Online believes that you have used the Services for any illegal or unauthorized activity.
Data Ownership By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Any communication or material you post or transmit to marker-online.com over the Internet is, and will be treated confidential and proprietary. Upon the transmission of any personal information to us, you expressly grant permission to Marker-Online use such information only for the purpose of providing the Services rendered by marker-online.com. We respect your right to ownership of content transmitted to marker-online.com. Unless specifically permitted by you, your use of the Services does not grant Marker-Online the license to use, reproduce, adapt, modify, publish or distribute the content uploaded to marker-online.com for commercial, marketing or any similar purpose.
Trademark Marker-Online, PAD System, PAD System logo, the names of different PAD System Services and their logos are trademarks of PAD System International Ltd. You agree not to display or use these trademarks in any manner without prior written permission from PAD System International Ltd.
Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MARKER-ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKER-ONLINE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MARKER-ONLINE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability YOU AGREE THAT MARKER-ONLINE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MARKER-ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MARKER-ONLINE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL MARKER-ONLINE'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICES, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID YOU TOWARDS SUCH SERVICES.
Indemnification You agree to indemnify and hold harmless Marker-Online, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
Law & Jurisdiction These Terms of Use are made under Hong Kong law. You agree that the courts of Hong Kong shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of the Services, and that the laws of Hong Kong shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Termination You agree that Marker-Online may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the PAD System Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Marker-Online Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.
END OF TERMS OF SERVICE If you have any questions or concerns regarding this agreement, please contact us at marker-online@padsystem.com |