Last Updated: March 31, 2013
Modifications to the Service. HP reserves the right at any time to modify, suspend or discontinue 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. HP may notify you of any material modifications to or suspensions or discontinuations of the Service by sending an email message to the email address listed for your account or by posting a notice on the Site. 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.
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.
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.
Account and Personal Information. In order to use the Service, you will need to open a Service account. When you open a Service account and use the Service, and as otherwise described on the Site, HP may collect certain personal information about you. You agree that HP may use such personal information in accordance with the provisions of the HP Online Privacy Statement. 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.
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 length of time those copies will be retained by HP and details regarding other Service features are set forth on the Site.
Termination. You may discontinue your use of the Service at any time. To deactivate and hence terminate your Service account, log in to your Service account on the Site and navigate to the Account Settings option for deactivation and follow the directions presented, or call toll free 1-855-785-2777. HP may terminate or suspend your Service account without notice at any time and for any reason, including but not limited to the following: (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. Upon termination or suspension of your account, without notice to you, 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.
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.
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 local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (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.
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: (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. 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.
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.
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. 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). 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.
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 PARTIES’ 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.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any HP Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the HP Party’s liability shall be the minimum permitted under such applicable law.
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.
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.
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:
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.
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.
Procedures for Making Claims of Infringement. HP respects the intellectual property rights of others. Pursuant to Title 17 of the United States Code, Section 512, 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 for notice of claims of infringement:
Trademark and Copyright Counsel
3000 Hanover Street, MS 1051
Palo Alto, CA 94304
Tel: (650) 857-1501
Fax: (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.
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.
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 U.S., or while you are a U.S. resident choose to access or use the Service from outside the U.S., you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
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.
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. 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, Entertainment, and Photo
HP Connected Drive
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 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 delivery of physical media containing Your Data as part of the Service, You will deliver to HP only copies of tangible media, not originals, and will create appropriate backups of Your Data contained on any original media that is delivered to HP. HP will not be liable for any losses, liabilities, damages, or claims related to any damage or destruction to the physical media you deliver hereunder or to Your Data residing thereon.
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.
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 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 Your Data will not be subject to misappropriation, loss, or damage via Your use of the Service, and HP will not be liable in such an event.
HP Connected Entertainment Service.
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 is available and permitted in the U.S. only. 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.
HP Connected Photo
Supported also on Android and iOS operating systems. Snapfish by HP mobile app download and Snapfish membership required. Internet service required, not included.
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