Terms and Conditions of Use

Please read the following terms and conditions carefully before using this site.

Acceptance of Terms

Topaz Labs makes available for use this website and the information posted including software, documentation, and products (collectively, the “Materials”) and various services operated (“Services”), subject to the terms and conditions set forth in these Terms of Use. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Topaz Labs may modify these Terms and Conditions at any time. If any site user breaches any of the Terms of Use their authorization to use this Site automatically terminates and they must immediately destroy any Materials downloaded or printed from the Site.

Restrictions On Use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Topaz Labs for your use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by Topaz Labs, for your personal use only. Topaz Labs does not transfer either the title or the intellectual property rights to the Software and Topaz Labs retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Topaz Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Topaz Labs LLC., or its licensors and you may not copy or use them in any manner without written permission.

Disclaimers and Limitation of Liability

Topaz Labs reserves the right to move or delete portions of, or may add to, this web site from time to time.

The materials in this site are provided “as is” and without warranties of any kind either express or implied. Topaz Labs does not warrant or make any representations regarding the use or the results of the use of the content or other materials in this site in terms of their correctness, accuracy, reliability, or otherwise. All materials available on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing.

Topaz Labs has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

To the fullest extent permissible pursuant to applicable law, Topaz Labs disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Topaz Labs does not warrant the accuracy, completeness or usefulness of any information contained on this site. Topaz Labs does not warrant that the functions contained in the materials available on this site will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. You (and not Topaz Labs) assume the entire cost of all necessary servicing, repair and correction.

Under no circumstances, including, but not limited to, negligence, shall Topaz Labs be liable for any special or consequential damages that result from the use of, or the inability to use, site or any downloaded materials, even if Topaz Labs or its representative has been advised of the possibility of such damages. In no event shall Topaz Labs’ total liability to you from all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount you paid to Topaz Labs, if any, for products purchased on this site.

Applicable law may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.

Copyright

The materials, content, services and software on this site are the protected copyright material and the intellectual property of Topaz Labs LLC., unless otherwise noted. No portion of the information contained on this site may be reproduced without the written consent of Topaz Labs.

Links to Other Web Sites

Topaz Labs makes no representation whatsoever regarding the content of any other web sites that you may access from this site. When you access a non-Topaz Labs web site, please understand that it is independent from Topaz Labs and that Topaz Labs has no relation to the company nor does Topaz have control over the content on that web site. A link to a non-Topaz Labs web site does not mean under any circumstances that Topaz endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a product or document on this web site respond to Topaz Labs with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Topaz Labs shall have no obligation of any kind with respect to such information. In addition, Topaz Labs shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Furthermore, Topaz Labs shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Topaz Labs’ Privacy Statement.

In consideration of Topaz Labs’ continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Topaz Labs without any compensation. You agree to execute any and all documents that Topaz Labs may reasonably request in connection with confirming Topaz Labs’ ownership of and unlimited right to use such ideas, concepts, know-how and techniques. Additionally, by submitting content to the Community section of the Topaz Labs website, including but not limited to the member blogs, galleries, and forum, you grant Topaz Labs the unlimited right to display this content across its associated web properties.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Should any user of a product submit images to Topaz Labs offices via conventional mail or Internet, said user will retain all rights and ownership owned image. You are simply giving Topaz Labs permission to display your submitted image(s) on this site or in other promotional materials. By submitting such materials you certify that you own the rights and licensing, possess proper model release permissions and all necessary release documentation in regards to said images. Upon submitting images to Topaz Labs you also take full responsibility of any legal issues, obligations or lawsuits that potentially arise in regards to use of the image. In addition you agree to waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith.

Topaz Labs also cannot be held accountable for any unauthorized usage or reproduction of your submitted images or content by third parties.

Use of Software and Online Services

The software and services that are made available on and from this Site are the copyrighted material and work of Topaz Labs and/or its suppliers. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may view our End User Licensing Agreement upon installation. Unauthorized duplication of software is a Federal crime. The Software & Information Industry Association (SIIA), states “anyone who violates any of the exclusive rights of the copyright owner … Is an infringer of the copyright” (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make “another copy for archival purposes only,” which are specifically provided in the Copyright Act (Section 117).

Privacy Policy

Please visit our Privacy Policy section establishing the extent and manner in which we use your information.

DMCA Policy

Please visit our DMCA Policy section for our policies and reporting procedures regarding intellectual property rights and other proprietary rights of others.

Your Consent

By using our site, you consent to these Terms and Conditions of Use.

Changes to our Terms and Conditions

If we decide to change our Terms and Conditions, we will update the Terms and Conditions modification date below.

This policy was last modified on January 25, 2010.

Contacting Us

All requests for further information or for permission to reproduce any portions of the Materials should be directed to:

www.topazlabs.com
14285 Midway Rd, Ste. 125
Addison, Texas 75001
info[at]topazlabs.com