Welcome to the website (the "website") of PhotoTouch, Inc. ("PhotoTouch"). On this website, PhotoTouch may make available to you a wide range of information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, forums, resources, and services.
All materials contained in the website are the copyrighted property of PhotoTouch, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PhotoTouch, or its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without written permission from PhotoTouch.
Any software that is made available to download from the website ("Software") is the copyrighted work of PhotoTouch and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), or as expressly stated on the website pages accompanying the software.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, PhotoTouch, Inc. hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, PhotoTouch may make available as part of the services or in its materials or software products, tools and utilities for use and/or download. PhotoTouch does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. You shall respect the intellectual property rights of others when using the tools and utilities made available on the services or in PhotoTouch software products.
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that PhotoTouch may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from PhotoTouch. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by PhotoTouch.
Except as expressly provided otherwise, PhotoTouch and/or its respective suppliers make no representations about the suitability of the information contained in the documents and publications and related graphics published on the website for any purpose. Except as expressly provided otherwise, all such documents and related graphics are provided "as is" without warranty of any kind. Except as expressly provided otherwise, PhotoTouch and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall PhotoTouch and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the website.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. PhotoTouch and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.
Except as expressly provided otherwise, all information, software, documentation, materials, services and publication are provided "as-is" without warranty of any kind and PhotoTouch hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provided otherwise, PhotoTouch disclaims any warranties of non-infringement, title, or quiet enjoyment. In no event shall PhotoTouch and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this website, use or performance of software, documents, materials, publications, provision of or failure to provide services, or information available from the website.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, publications and documents. The website, materials, publications and documents may contain technical inaccuracies or typographical errors. PhotoTouch assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the website, materials, publications and documents and in any other reference.
PhotoTouch may make changes to the website, information, software, website, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.
The website, documents and publications are distributed internationally and may contain references or cross-references to PhotoTouch products, programs, and services that have not been announced or available in your country. Such references do not imply that PhotoTouch intends to announce such products, programs, or services in your country.
The website contains links to third-party sites which are not under the control of PhotoTouch and PhotoTouch is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. PhotoTouch is not responsible for webcasting or any other form of transmission received from any linked site. PhotoTouch is providing these links to you only as a convenience, and the inclusion of any link does not imply that PhotoTouch endorses or accepts any responsibility for the content on such third-party sites.
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PhotoTouch immediately of any unauthorized use of your account or any other breach of security. PhotoTouch will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PhotoTouch or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to PhotoTouch's display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or PhotoTouch has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, PhotoTouch may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any PhotoTouch server, or the network(s) connected to any PhotoTouch server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any PhotoTouch server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:
PhotoTouch has no obligation to monitor the Communication Services. However, PhotoTouch reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. PhotoTouch reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
PhotoTouch reserves the right at all times to disclose any information as PhotoTouch deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PhotoTouch's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. PhotoTouch does not control or endorse the content, messages or information found in any Communication Services and, therefore, PhotoTouch specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized PhotoTouch spokespersons, and their views do not necessarily reflect those of PhotoTouch.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Unless otherwise specified, PhotoTouch does not claim ownership of the materials you provide to PhotoTouch (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by PhotoTouch, the general public, and/or by the members of any public or private community (each a "Submission" and collectively "Submissions"), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting PhotoTouch, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all PhotoTouch services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission, as provided herein. PhotoTouch is under no obligation to post or use any Submission you may provide and PhotoTouch may remove any Submission at any time in its sole discretion.
You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not PhotoTouch, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. PhotoTouch does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
PhotoTouch or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, programs, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when PhotoTouch's products, services, or marketing strategies might seem similar to ideas submitted to PhotoTouch. If, despite our request that you not send us your ideas and materials, you still send them, please understand that PhotoTouch makes no assurances that your ideas and materials will be treated as confidential or proprietary.
PhotoTouch may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by PhotoTouch is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than PhotoTouch found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. PhotoTouch is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-PhotoTouch advertisers on the website.
TRADEMARKS: The names of actual companies and products mentioned herein and/or third party trademarks, trade names and logos contained herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
PhotoTouch controls and operates this website from its headquarters in various locations in the state of California in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Copyright © 2002 - 2015 PhotoTouch, Inc.