Terms Of use
Platform Terms of Use (“Agreement”)
Last updated: July 31, 2019
This is an agreement between you and Avery Dennison Corporation (“Avery Dennison”), including its affiliates and subsidiaries (“Agreement”). The following terms and conditions govern your access to and use of the Platform, including any content, functionality, and services offered on or through the Platform. Please read the Agreement carefully before you start to use the Platform. By using the Platform, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Platform.
Avery Dennison may revise and update the Agreement from time to time in its sole discretion. All changes are effective immediately when Avery Dennison posts them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revisions to the Agreement means that you accept and agree to the changes. It is your responsibility to check this page each time you access this Platform so you are aware of any changes, as they are binding on you.
For purposes of the Agreement:
“Platform” means the means the Website used to provide you with access to the Software and Templates.
“Software” means the software licensed to you directly by Avery Dennison’s third party provider(s) that is accessed through the Platform.
“Subscription Fee(s)” means the recurring monthly payment that Avery Dennison requires you to pay for access to the Platform, Software and Templates. Avery Dennison may modify the Subscription Fee from time to time (with 45-days advance notice to you) in Avery Dennison’s sole discretion.
“Template(s)” means the pattern(s) sublicensed by Avery Dennison to you that is/are used in conjunction with the Software for automotive decorative and protective films.
Privacy
Please review our Privacy Policy located at https://www.averydennison.com/en/home/legal-and-privacy-notices.html, which also governs your use of the Platform.
Sublicense and Access
Subject to your compliance with the Agreement and your payment of Subscription Fees, Avery Dennison grants you a limited, non-exclusive, non-transferable, non-sublicensable sublicense to access and use the Platform to purchase, use, copy, modify, store and display the Template(s) and any design or image created by you. This sublicense does not include any resale or commercial use of the Platform or the Templates. All rights not expressly granted to you in the Agreement are reserved and retained by Avery Dennison or its licensors or other content providers.
Subscription Payment Terms
Avery Dennison will provide you with access to the Platform, including use of the Software and Templates, when Avery Dennison: 1) Accepts your valid credit card information that you enter into the Platform; 2) Charges you the Subscription Fee for the initial subscription period; and 3) You take any actions that are required by Avery Dennison’s third party provider to use the Software. You authorize Avery Dennison and/or its third party payment processor to charge you the Subscription Fee for the initial subscription period as well as for any recurring monthly Subscription Fees. The initial period of the subscription shall be 30 days and it will renew automatically at the end of each 30-day period until terminated by you and/or Avery Dennison. If you terminate your subscription, you will continue to have access to the Platform, including the use of the Software and Templates, for the remainder of the then-current subscription period. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. All fees paid hereunder are non-refundable.
Account Availability and Security
Avery Dennison will not be liable to you and/or to any third party if, for any reason, all or any part of the Platform is unavailable at any time or for any period. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Avery Dennison, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, public perform, republish, download, store, or transmit any of the material on the Platform unless you obtain Avery Dennison’s express written permission.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with the Agreement. You agree not to use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). In addition, you agree not to use any device, software, or routine that interferes with the proper working of the Platform.
Termination
Avery Dennison has the right to terminate, suspend or restrict your access to the Platform for any or no reason (including, without limitation, any violation of the Agreement), without any liability to you.
Geographic Restrictions
Avery Dennison is the owner of this Platform and it is located in the United States. Avery Dennison provides this Platform for use only by persons located in the United States and Canada. Avery Dennison makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States or Canada. If you access the Platform from outside of the United States or Canada, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, AVERY DENNISON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PRODUCTS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE PROHIBITED BY LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AVERY DENNISON, ITS AFFILIATES AND SUBSIDIARIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR RELATED SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless Avery Dennison, its affiliates and subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Platform Terms of Use or your use of the Platform, including, but not limited to, any use of the Platform’s content, services, and products other than as expressly authorized in these Platform Terms of Use, or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
All matters relating to the Platform Terms of Use and/or the Platform, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Platform Terms of Use and/or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Mentor and County of Lake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Avery Dennison’s sole discretion, it may require you to submit any disputes arising from these Platform Terms of Use and/or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.
Waiver and Severability
No waiver by Avery Dennison of any term or condition set out in these Platform Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Avery Dennison to assert a right or provision under these Platform Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Platform Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Platform Terms of Use will continue in full force and effect.
Entire Agreement
The Platform Terms of Use (and the Privacy Policy referenced herein) constitute the sole and entire agreement between you and Avery Dennison regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.