Terms of Service
Proprietary Rights. Unless otherwise indicated, all of our Site content is the property of or licensed to ZAMTEC LTD (also known as Memjet IP Holdings Ltd.) (“Memjet,” “we,” or “us”) and is protected under U.S. and Foreign copyright, trademark, and other intellectual property laws. Trademarks designated with a ™ or ® or otherwise are owned by Memjet or its licensors.
Modifications. We may modify the content of our Site from time to time without notice to you, including modifying these terms and conditions. Your continued use of the Site after such modifications are posted indicates your acceptance of such modifications. If you do not wish to accept these terms and conditions or any modifications, your sole and exclusive remedy is to cease using the Site.
Rights in Content. We grant you the limited right to display the content and to copy the content as necessary to display. You may also share this information with others, but you may not misrepresent yourself as the source or cause confusion as to the source of the content or the goods and services represented in the content. You may not share the information or content in a manner that will impair or harm the goodwill associated with our business and brands. In order to prevent such confusion or harm, you may not “frame” or “mirror” any content or portion of our Site without our prior written permission. This agreement gives you no rights in the content, products, services, processes, or technology contained in our Site. All such rights are retained by Memjet and any third party owners or licensees of such rights. If you share the information and content on the Site with others, you must retain all proprietary notices and state “Zamtec Ltd or its designee is the exclusive licensor of the registered trademark MEMJET in the U.S. and other countries; all rights are reserved.” Other than as allowed in this section, you may not distribute, publish, transmit, modify, create work derivative works from, or in any way commercially exploit any of the content for any purpose.
User Content. Users of the Site may post content to the Site as part of using interactive services such as discussion groups and forums (“User Content”). By submitting User Content to the Site, you warrant that the User Content does not violate any applicable laws (including intellectual property or defamation laws) and provide Memjet with an unlimited, royalty-free license to copy, modify, distribute, publicly perform, and publicly display the User Content. Memjet reserves the right to access, monitor, amend, disable access to, or permanently delete any User Content at its sole discretion, and without notice to you.
Termination. We reserve the right to terminate your access to our Site, or any portion of it, at any time, without notice. Any breach of this agreement may result in termination of your right to use our Site. Upon termination you are no longer authorized to access or use our site, but our proprietary rights, the disclaimers, and the limitations of liability set forth in this agreement will survive such termination.
Links. Our Site may contain links and pointers to internet sites maintained by third parties. We do not operate or control these web sites or any of the information, products, or services provided at such third party web sites. Third party links are included solely for your convenience, and do not constitute an endorsement by us or affiliation with us. You assume sole responsibility for use of third party links, and the disclaimer and limitation of liability provisions set forth in this agreement are applicable for your use at such third party sites. We do not monitor or approve the privacy or security practices of such sites; you access and use them at your own risk.
Disclaimer. OUR WEB SITE AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SITE, OR THE RESULTS OBTAINED FROM ACCESSING OR USING OUR WEB SITE. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS OF USE OF OUR WEB SITE.
Supply of Goods or Services. Where Memjet offers goods or services via the Site, including without limitation software downloads, the supply of those goods or services will be subject to the applicable licences and terms and conditions of trade for those goods and services, as separately notified on the Site.
LIMITATION OF LIABILITY. In no event will Memjet, its parents, subsidiaries, affiliates, or licensors be liable for any special, incidental, or consequential damages, however caused, whether for breach of warranty, contract, or tort (including negligence, strict liability or otherwise).
Indemnity. You agree to indemnify and hold harmless Memjet, its officers, directors, agents and employees from and against all claims, damages, and expenses, including attorney’s fees, arising out of any information, message, content, or materials uploaded, posted, distributed or transmitted to or through our Site by you (including any User Content), or otherwise arising out of your use of our Site.
Governing Law. The rights and liabilities of the parties arising out of or relating to this agreement will be governed by the laws of the state of California, any litigation will be conducted exclusively in state or federal courts in San Diego, California, and you consent to the exclusive personal jurisdiction of such courts.