3. Modifications to the Service. HP reserves the right at any time to modify the Service, or any part, version or feature thereof, in HP's sole discretion without prior notice to you. Without limiting the foregoing, upon prior notice, HP may institute or change fees for use of the Service after your acceptance. If you do not accept the modifications, then discontinue using the Service, or Service may be terminated by HP. HP may notify you of any material modifications to the Service by sending an email message to the email address listed for your account, by posting a notice on the Site, or by any other means permitted by law. HP will not be liable to you for any modification, suspension or discontinuation of the Service, or for any failure to notify you of same. If you have a paid subscription for the Service and we modify, suspend or discontinue the Service due to no action on your part, when applicable, we may provide a pro rata refund of advance payments made.
4. Other Agreements. In order to use certain Service offerings you may need to agree to supplemental or other terms and conditions ("Other Agreements"). Without limiting the foregoing, applications or other software made available through the Service are licensed, not sold, to you. Unless otherwise specified by HP, your license to each application and other software that you obtain through the Service is subject to your acceptance of the applicable end user license agreement provided to you by HP for such software, unless the application or other software is licensed under a separate end user license agreement entered into between you and a third party licensor of that software, in which case the terms of that separate end user license agreement will govern. Where there are no Other Agreements, this Agreement will apply to your use of the Service.
5. System Requirements. Use of the Service requires one or more of the following: compatible equipment, wireless access, Internet access and certain software, and may require obtaining updates or upgrades from time to time. Your ability to use the Service may be affected by the performance of these factors. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Service and for paying all costs related thereto.
7. Collection/Use by Third Parties. Certain services included in the Service are provided and separately licensed to you by third party providers. Such third party services may collect and transmit technical information about your system (i.e., IP address, unique device identifier, software version installed, etc.) and other system data. This information is used by the third party to identify technical system attributes and ensure that the most current version of the software has been installed on your system. If you do not want the third party service to collect this technical information or automatically send your version updates, you should uninstall the software prior to connecting to the Internet.
8. Account and Personal Information. In order to use and purchase the Service, you will need to open a Service account which requires HP to collect certain personal information about you. You agree to allow HP to collect and use your personal information (including your name, shipping address, town, county, post code, email, date of Service registration, and if applicable the store where the Service enrolment key was distributed) and as otherwise described on the Site: This includes credit card details and account details to process payments in accordance with the Service. You agree that HP may use such personal information in accordance with the provisions of the HP Online Privacy Statement located at www.hp.com/go/privacy. You are responsible for maintaining the confidentiality of your Service account password and you are solely responsible for all activities that occur under your password. You agree to notify HP immediately of any unauthorized use of your password or any other breach of security related to the Service. HP reserves the right to require you to change your password if HP believes that your password is no longer secure. HP provides individuals with reasonable access to personal information that they provided to HP and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to HP you can contact visit www.hpconnected.com. In France, you may call 0826 10 49 49 or send an email via www.hp.com/support.
9. Storage and Other Service Features. As a feature of the Service, HP may retain in its system copies of the data that you provide while using the Service. Details regarding the how those copies will be retained by HP and other details regarding Service features are set forth on the Site or may be available by sending an email via www.hp.com/support.
10. Termination of this Agreement. This Agreement is effective unless terminated or rejected. This Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You may discontinue your use of the Service at any time. As a consumer, you may terminate within 14 working days from the date you accepted these terms and conditions for the HP Connected Service without penalty. To deactivate and hence terminate your Service account, contact HP through the Help or support link on the Site, or call the support number available for your location or country. HP may terminate or suspend your Service account without notice at any time and for any reason, including (i) breach of this Agreement by you or anyone using your account; (ii) your infringement of HP's or others intellectual property rights; (iii) nonpayment for the Service when applicable; (iv) conduct HP believes is harmful to other users of the Service, or to the business of HP, or (v) any other circumstance which HP in its sole discretion determines merits termination. Any such termination may be without refund to you of advance payments.
11. Termination in France. You may discontinue your use of the Service at any time. To deactivate and hence terminate your Service account, visit www.hp.com/go/privacy, or call the number listed above for accessing your personal data. In the event of a material breach, such as your infringement of HP's or others intellectual property rights, HP will have the right to terminate de plein droit this Agreement with immediate effect. HP may terminate de plein droit this Agreement on written notice if you fail to meet any material obligation and fail to remedy the breach within a period of time of seven (7) days after being notified in writing of the details. HP may terminate de plein droit the Agreement and/or the Services for convenience upon thirty (30) days prior written notice to you.
12. Post-termination. Upon termination or suspension of your account, we may remove and discard all content uploaded or otherwise stored by you or on your behalf through the Service. You agree that HP will not be liable to you or to any third party for any termination of or refusal of access to the Service or for removal or destruction of your content, or for any failure to notify you of the same. Upon termination of your Service account (whether such termination is the result of termination by you or by HP), any rights granted to you under this Agreement will terminate and you must immediately cease all access to and use of the Service and related software. HP Connected will not be liable to you or any third-party for any termination of your access to the Service.
13. No Responsibility for Third-Party Materials. Certain content, applications, services, products and other materials available via the Service and the Site are from third parties or may include materials from third parties. You agree that HP is not responsible for any such third party content, applications, services, products or other materials ("third party materials"). HP does not warrant or endorse and will not have any liability or other responsibility for any third party materials. Your use of such third party materials is entirely at your own risk and may be subject to additional terms and conditions.
14. Prohibited Uses. You agree not to use the Service (including, without limitation, any content you may obtain through your use of the Service) or the Site: (a) in a manner that violates any statute, regulation, rule, order, treaty, or other law of any local, state, national, foreign, or international jurisdiction; (b) to stalk, harass, or harm another individual, including, without limitation, through abuse of any violation flagging or reporting mechanisms made available through the Service or the Site; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Service or the Site or servers or networks connected to the Service or the Site. You further agree not to: (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Service or the Site; (f) attempt to gain unauthorized access to or monitoring of any portion of the Service or the Site or any other accounts, computer systems, or networks connected to the Service or the Site, whether through hacking, password mining, or any other means; (g) take any other action to disrupt the normal use by other users of the Service, the Site or the Internet; (h) use for commercial purposes any Service that is not designated as a commercial version; (i) reproduce, sell, or exploit the Service or the Site; or (j) otherwise, in HP's sole determination, abuse the Service or the Site.
15. Prohibited Content. You are solely responsible for the content you or anyone using your Service account generates, posts, transmits, distributes, prints or otherwise stores through the Service or the Site. You may not use the Service or the Site to generate, post, transmit, distribute, print or otherwise store Prohibited Content, which is content that HP believes or reasonably could be considered to be: (a) is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (b) comprises copyrighted material used without the express permission of the owner or otherwise infringes the proprietary rights of another; (c) violates or otherwise encroaches on the rights of others; (d) contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service or the Site; (e) advocates illegal activity; (f) hacks, destabilizes or adapts the Service or the Site, or alters another website to falsely imply it is affiliated with the Service or the Site; (g) uses any automated means (including robots, spiders or scripts) to access the Service or the Site; (h) broadcasts or sends any form of advertising, mass communication or solicitation to Service or Site users; (i) harasses or harms anyone; (j) you do not have the right to make available under any law or contractual or fiduciary relationship; (k) intentionally or unintentionally violates any applicable law; (l) could subject HP to any legal liability; or (m) provides a link to any of the above. HP has sole discretion to determine whether content is Prohibited Content. Without prior notice to you, any content may be subject to examination and may be subject to disclosure to law enforcement or to otherwise satisfy any law, regulation or governmental request (including, without limitation, compliance with warrants, court orders and subpoenas). Although HP does not examine or otherwise review all content generated, posted, transmitted, distributed, printed or otherwise stored using the Service or the Site, HP may delete or remove content for any reason, at any time, without notice, as permitted by law. By viewing the Site or otherwise using the Service, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure.
16. DISCLAIMER OF WARRANTIES. You understand that your use of the Service may involve (i) transmitting content over various networks, and (ii) changes to the content to conform and adapt to technical requirements of connecting networks or devices. You should always preserve your original content or make back-up copies of such content on your personal systems. You should not use the Service as the only repository for your content.
17. THE SERVICE AND THE SITE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE SITE IS WITH YOU. EXCEPT WHERE PROHIBITED BY LAW, HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). EXCEPT WHERE PROHIBITED BY LAW, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HP MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE SITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THE SITE, OR AS TO THE ACCURACY OF PRINTING ENABLED VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR THE SITE OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE HP PARTIES) SHALL CREATE ANY WARRANTY. HP DISCLAIMS ALL EQUITABLE INDEMNITIES. WITHOUT LIMITING THE FOREGOING, HP WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR OTHER CONTENT, MALFUNCTIONS, ERRORS, CRASHES OR OTHER ADVERSE EFFECTS THAT MAY OCCUR FROM YOUR USE OF THE SERVICE OR THE SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT VIA THE SERVICE OR THE SITE AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR OTHER MATERIAL THROUGH THE SERVICE OR THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR PRINTERS OR LOSS OF CONTENT (INCLUDING, WITHOUT LIMITATION, DATA) THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR OTHER MATERIALS VIA THE SERVICE OR THE SITE OR OTHERWISE FROM YOUR USE OF THE SERVICE OR THE SITE.
18. LIMITATION OF LIABILITY. IN NO EVENT WILL THE HP PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER CONTENT, LOSS OF PRIVACY, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE OR THE SITE OR ANY CONTENT OR OTHER MATERIALS MADE AVAILABLE VIA THE SERVICE OR THE SITE OR OTHERWISE IN CONNECTION WITH THE SERVICE OR THE SITE, OR SECURITY BREACHES OR ERRORS RELATED TO THE SERVICE OR THE SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF ANY HP PARTY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT IN NO EVENT WILL THE HP OR THIRD PARTY'S AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF CLAIM IN ANY WAY CONNECTED WITH THE SERVICE OR THE SITE EXCEED U.S. $5.00 IN THE U.S, E5.00 EUROS IN EUROPE, RMB 30 IN CHINA, OR THE EQUIVALENT OF U.S. $5.00 IN LOCAL CURRENCY.
19. Exclusions and Limitations. Some jurisdictions do not allow (i) exclusion of implied warranties or limitations on the duration of implied warranties and/or (ii) exclusion or limitation of particular types of damages. Accordingly, the disclaimers and/or limitations and/or exclusions above may not apply to you in their entirety, but will apply to the maximum extent permitted by applicable law.
HP PPS Australia Pty Ltd
353 Burwood Highway
Forest Hill, VIC 3131 Australia
Telephone number for Australian calls:13 10 47
Telephone number for international calls:+61 2 8278 1039
or visit www.hp.com.au and select the "Customer Service" option for the most current list of phone support numbers.
20. Indemnification. You agree to indemnify, defend, and hold harmless the HP Parties from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including without limitation, reasonable attorneys' fees) that such HP Parties may incur as a result of or arising from your (or anyone using your Service account) violation of this Agreement. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HP's defense of such claim.
21. Links to Third Party Websites. Links from the Service and the Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. HP does not control and is not responsible for such third party websites (or the products, services, content or other materials made available through them), and does not endorse or make any representations about such third party websites and the products, services, content or other materials provided via them. The HP Online Privacy Statement is not in effect at third party websites and HP is not responsible for any use of your information by third party websites. If you decide to access any third party websites linked to from the Service or the Site, you do so entirely at your own risk and may be subject to additional terms and conditions.
22. Linking to the Site. You may create links to the Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent HP's written authorization otherwise, a website that links to the Site:
23. Trademarks. HP Connected, HP and any other product or service name, slogan or logo contained in the Service or on the Site are trademarks of HP and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HP or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing any name, trademark, or product or service name of HP without HP's prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of HP and may not be copied, imitated, or used (in whole or in part) without HP's prior written permission.
24. Intellectual Property Rights. You will not gain by virtue of your use of the Service or the Site any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by HP. You may not reverse engineer, decompile, or disassemble the Service, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this Agreement.
25. Procedures for Making Claims of Infringement. HP respects the intellectual property rights of others. Pursuant to applicable law, HP has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Service or the Site, please provide written notice to the following HP agent or other designated party for notice of claims of infringement:
Office of General Counsel
1501 Page Mill Road
Palo Alto, CA 94304, USA
Tel: 1-(650) 857-1501
Fax: 1-(650) 236-9855
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow HP to locate that material; (d) contain adequate information by which HP can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to HP's designated agent, as they will be deleted upon receipt.
26. Your Additional Representations. By using the Service or the Site, you hereby represent that: (i) you have the legal right, capacity and authority to enter into this Agreement with HP and be legally bound by its terms; (ii) any and all information provided by you to HP in connection with the Service or the Site, including without limitation personal information (such as name, address, credit card number, expiration date, email account, etc.), is true, accurate and complete, and you will notify HP of any change to such information; and (iii) you shall not engage in abusive or inappropriate activities with respect to the Service or the Site, or create an unreasonably high volume of support requests.
27. Export Law Compliance. By using the Service or the Site you are responsible for compliance with U.S. and other applicable countries' export control and other applicable laws and regulations ("Export Laws"). You will comply with all Export Laws to ensure that the Service and any other materials, including but not limited to technical data, are not (1) exported or re-exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical, or biological weapons proliferation. Without limiting the foregoing, you agree that you will not use the Service or the Site to export or re-export any material whatsoever, including without limitation technical data (a) into any U.S. embargoes countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list. If you choose to access or use the Service outside the country selected by you upon registration, (i) HP will provide you the version of the Service in the language that it makes available based on your registration and location; (ii) you agree to comply with all applicable laws and regulations where you use the available Service; and (iii) you agree you are responsible for any and all damages and HP shall not be held responsible for your use of the available Service in English or other language. In the event you use the Service in English, or there is a conflict between this Agreement translated in your local language and the English version, the English version of the terms shall apply.
28. Governing Law. This Agreement shall be construed under, and governed by, the laws of the State of California, U.S.A., without regard to its choice of law principles. All lawsuits and other actions arising from or related to this Agreement, the Service or the Site shall be brought in the federal or state courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. If you are a consumer, in the event required by applicable law in your location, any disputes arising in connection with the HP Connected Terms of Service may be governed by the laws and the courts of your country and locality.
29. Entire Agreement and General. The terms of this Agreement and other applicable HP terms expressly referenced in this Agreement, constitute the entire understanding between you and HP relating to the Service and the Site and will supersede any previous communication, representation or agreement whether oral or written. If HP has provided you with a translation of the English language version of these terms and conditions, you agree that the translation is provided for your convenience only and that the English language version will govern. If there is any conflict between the English language version and the translated version, the English language version shall take precedence. HP's failure to exercise any right under this Agreement will not constitute a waiver of such right. You may not assign this Agreement by operation of law or otherwise. All HP affiliates are third party beneficiaries with respect to the provisions in this Agreement that reference them. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect. All terms in this Agreement that by their nature would survive termination (including but not limited to those related to the HP Parties liability and to applicable law and venue) will survive termination. In the event of a direct conflict between a provision of this Agreement and a provision of an Other Agreement, the provision in this Agreement will prevail. The following additional terms may apply for specific offerings: HP Connected Drive, Music and Photo.
30. Data and Network Connections. The Service may provide the capability to back up and retrieve files and other backed up data, respectively (collectively, Data), subject to the amount of online backup space provided with the Service and/or which is available on your desktop and/or which you additionally purchase. HP will provide to you the amount of back-up space that is mutually agreed upon. It is your responsibility to routinely back-up your Data. If you choose to use the Service, you must complete the activation process within the Service. You are solely responsible for procuring and maintaining the network connections that connect your network to HP's systems, as well as any firewalls, authentication methods, and encryption methods HP deems appropriate. You are also solely responsible for procuring and maintaining any hardware located at your site and utilized in connection with the Service. HP assumes no responsibility for the reliability or performance of any connections or hardware. In connection with your use of the Service, you will not deliver or provide to HP any original media and will create appropriate backups of your Data associated with any original media. HP will not be liable for any losses, liabilities, damages, or claims related to any damage or destruction related to use of the Service or your Data.
31. Subcontractors. HP may use subcontractors in the performance of the Service. In connection with the Service, HP may use third-party data centers to store, monitor, and maintain the hardware equipment on which your Data is stored ("Data Centers"). In connection with the Service, HP may use third parties to physically store backup media containing your Data, as well as to provide destruction services on such media as and when requested by HP (the "Backup Storage Provider" and, together with the Data Centers, the Third Party Vendors). HP may also use subcontractors under this Agreement in the performance of the Service, including, without limitation, credit card processing services. With respect to all subcontractors which HP utilizes in connection with the Service (including, without limitation, the "Third Party Vendors"), HP will assume the same liability and responsibility for subcontractors' conduct and performance as if HP itself performed all of the subcontractors' services. You will not incur any additional fees, costs, or charges with regard to any subcontract.
32. Your Data. You are solely responsible and assume liability for the content of your Data and your use of the Service. You hereby confirm that you have all the necessary rights in your Data that permit you to use the Service without infringing the rights of any copyright owners, violating any applicable laws, or violating the terms of any license or agreement to which you are bound. You give HP the right to access and disclose your account information for the following purposes: (i) to provide you with technical support and address technical issues; (ii) to investigate compliance with the terms of this Agreement; and/or (iii) to enforce the terms of this Agreement. You also give HP the right to access and disclose your account information in (i), (ii), and/or (iii) to ensure that the Service is not being used for fraudulent or illegal purposes; you are not acting in such a way as to threaten the security of the Service; or as HP determines is necessary to provide the Service or comply with applicable law. HP does not guarantee that you Data will not be subject to misappropriation, loss, or damage via you use of the Service, and HP will not be liable in such an event.
33. HP Connected Music. You may use HP Connected to listen to internet radio comprised of specified lists of tracks. Such use is streamed via the internet and you may not download any files or make copies for subsequent use. Use may not be available or permitted in all countries. In the event you have HP provide music recommendations to you, you agree to provide required information such as email address, account information, or metadata and allow HP to provide music recommendations to you based on such information. You agree to follow all requirements to allow HP Connected to store your Files and make them available on a different product, including a mobile device. THE SERVICE MAY CONSUME DATA FOR WHICH ADDITIONAL VOICE, DATA, AND MESSAGING CHARGES MAY APPLY. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL THIRD PARTY CHARGES THAT MAY ARISE FROM YOUR USE OF HP PLAY. Availability of features varies by country. Streaming services may require paid subscription. May not be compatible with all music files. Not compatible with DRM tracks. Internet access required, not included.
34. HP Connected Photo. HP Connected Photo may include other third party and HP applications.
34B. Active Participation. A condition of Membership may be your "Active Participation" in the Service. Active Participation is defined as purchasing photo or video merchandise, including reprints and enlargements, through the Service at least once every 365 days. Purchases through HP Connected Photo third-party advertisers, including HP Home & Home Office Store, do not count towards Active Participation. If you cease Active Participation for any reason, HP Connected Photo may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service. HP Connected Photo may offer free, unlimited storage of online photos to Members who maintain Active Participation. Video storage may also be provided depending on the services you subscribe to. When you upload photo or video Content to the Service, the original resolution and format of your Content may be modified depending on the upload speed you choose. Further, if you upload photo or video Content with very high resolution or bit-rate, HP Connected Photo may in its discretion down-sample the Content regardless of the upload speed you choose.
34C. Group Rooms. As part of the Service, HP Connected Photo may offer Members the right to establish group rooms, shared rooms, or other similar capabilities on the Site (collectively "Group Rooms"), at HP Connected Photo's option and subject to HP Connected Photo's conditions. If a Group Room involves a Member-specific URL, such as xxx.HP Connected Photo.com, HP Connected Photo may revoke the right to use that URL for any reason deemed appropriate by HP Connected Photo in its sole discretion; HP Connected Photo will provide at least thirty days notice prior to any such revocation. HP Connected Photo owns and retains all right, title, and interest in the use of HP Connected Photo or other HP Connected Photo property in association with Group Rooms.
34D. Embedded Player. HP Connected Photo may provide you with an "Embedded Player" feature to enable you to incorporate certain Content into your own personal, non-commercial websites for use in accessing the materials on the Site. You must provide a prominent link back to the Site on all pages containing the Embeddable Player. HP Connected Photo will have no responsibility or liability for content users post to other websites and the removal of such content is the sole responsibility of those other websites.
34E. Content License and Ownership. In order for HP Connected Photo to provide our services to you and your invitees, as a condition to Membership you hereby grant to HP Connected Photo, as permitted by law, solely for providing or improving the Service (e.g., customer support, technical support and/or vendor order fulfillment), the right to copy, display, modify, distribute, transmit, and make derivative works of your Content. As a condition to Membership, you represent and warrant to HP Connected Photo that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
34F. Content Availability. HP Connected Photo in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
34G. Disclaimer and Limitation of Liability. IN NO EVENT WILL HP CONNECTED PHOTO OR HP CONNECTED PHOTO AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT; (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT; OR (iii) FAILURE TO MAINTAIN ACTIVE PARTICIPATION IN THE SERVICE. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. HP CONNECTED PHOTO WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, HP CONNECTED PHOTO'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR HP CONNECTED PHOTO TO EITHER REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS OR REPRINT THE PHOTOS AT NO EXTRA COST.
Supported also on Android and iOS operating systems. HP Connected Photo by HP mobile app download and HP Connected Photo membership required. Internet service required, not included.
35. HP Connected Drive Subscription Service. The HP Connected Drive Subscription Service offering allows for greater file access functionality and premium features. See the Service Description Terms for details regarding the available Service Plans.
35A. Commencement of Charges for the Service and Billing Cycles; Pricing Increases. When you create your Service Account, you will provide HP with a valid, accepted payment method that you will use to pay for the Service, such as a valid credit card ("Payment Method"). As payments may be processed overseas, your credit card issuer may charge you a transaction fee on each payment that you make. The billing for the first month service period begins on the day that you sign up for a subscription and the billing for the second month service period begins on the 15th of the next month. Your Service will continue on a month to month basis until your Service is cancelled as described below. Your Payment Method will be charged on a monthly basis for (i) the amount of your Service Plan Fee and (ii) any applicable taxes, fees and surcharges set by federal, state and local governments (Taxes) (collectively, "Your Monthly Fee"). HP will continue to charge you Payment Method on a monthly basis for your Monthly Fees until you or HP cancels your Service. You may inform HP that you want to cancel the Service at any time by following the directions below, and your Service will then be cancelled effective as of the last day of your current Month Period. For example, if your current Month Period runs from January 15th to February 15th, and you submit a cancellation request to HP on January 30th, your Service will be cancelled as of February 15th. Your Payment Method will be charged in full for your last Month Period, and no refunds will be provided. HP may increase or otherwise change the Service Plan Fee and add additional fees, for any Service Plan, or otherwise change or add Service Plans at any time in HP's sole discretion as set forth below. Any such changes to Service Plan Fees and the addition of other fees will become effective no earlier than the beginning of your next Month Period after HP announces those changes or additions.
35B. Customer Support Center. If you need assistance with the Service or your Service Account, or have questions regarding your Monthly Fees or the billing process, please contact Service customer support representatives at 1-855-785-2777 orwww.hp.com/go/hpconnected/support.
35C. Cancellation. You may cancel your Service at any time online through the Service or by calling the Service customer support center at www.hp.com/go/hpconnected/support. HP may cancel your Service at any time in its sole discretion for any or no reason, upon HP's notification to you at the email address or, if applicable, the text number listed on your Service Account Page. Notwithstanding the foregoing, in addition to any other HP rights it has, HP may cancel your Service immediately without prior notice to you if (i) HP ceases to provide the Service or a particular version, part or feature of the Service; (ii) You breach the terms of this Agreement (including but not limited to failing to pay for the Service or no longer having a valid Payment Method); or (iii) HP in its sole discretion believes that you otherwise abused the Service or engaged in any other action that merits termination of your use of the Service. Any cancellation pursuant to subsections (ii) and (iii) above may be without any refund to you of advance payments made. You agree that HP will not be liable to you for any cancellation of your Service or refusal of access to the Service or Site. Upon cancellation of your Service for any reason, any rights granted to you under this Agreement will terminate and you must immediately cease all use of the Service.
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