Terms of Service
The Center for Perceptual Systems ("CPS," "we," "us," and/or "our") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice to you. You are responsible for reviewing this TOS each time you use the Service. You shall be subject to this TOS whether you use the Service directly or through a third party site that links to the Service. Your continued use of the Service (whether directly or through a third party site that links to the Service) after any changes to this TOS constitutes your acceptance of the new TOS. In addition, when using certain services, you are subject to any additional guidelines or rules applicable to such services that may be posted on the Service from time to time, and all such guidelines or rules are hereby incorporated by reference into this TOS.
We provide image processing and other services through our website ("Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS.
We reserve the right, at any time and from time to time, to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that we shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that photographs, or other materials or content (collectively, "Content") will be retained by the Service and the maximum disk space that will be allotted on CPS servers on your behalf. You agree that CPS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that we reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Content and Conduct
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not CPS, are entirely responsible for all Content that you edit, upload, post, share, email or otherwise transmit or make available via the Service.
You agree not to edit, upload, post, share, email or otherwise
transmit or make available via the Service any of the following:
Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, defamatory, libelous, invasive of another's privacy, or hateful racially or ethnically or otherwise objectionable;
Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Content that could infringe copyrights or other proprietary or
intellectual property rights without the permission of the owner of
such rights and the persons (or their parents or legal guardians,
where applicable) who are shown in the Content, if applicable; any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; or unsolicited or unauthorized
advertising, promotional materials, "junk mail, " "spam, " "chain
letters," "pyramid schemes, " or any other similar forms of
solicitation. You should use an "adult-content" warning label when
Content is being shared that includes any legal adult content. You
should also keep back-up copies of your Content, as the Service is
not intended to be guaranteed back-up solution.
You acknowledge that CPS does not pre-screen Content, but that CPS and shall have the right (but not the obligation) in their sole discretion to refuse, remove or move, permanently or temporarily, any Content that is available via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, safety, or usefulness of such Content.
CPS does not claim ownership of the Content you edit, upload, post, share, email or otherwise transmit or make available via the Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CPS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER RESULT THAT RESULTS. NO CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CPS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CPS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF CPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CPS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, CPS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT EDITED, UPLOADED, POSTED, SHARED, EMAILED OR OTHERWISE TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CPS HAS ENTERED INTO THIS TOS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
This TOS constitutes the entire agreement between you and CPS and governs your use of the Service, superseding any prior agreements between you and CPS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use third party Content, services or software. This TOS shall be governed by the laws of the State of Texas, USA, without regard to its conflict of law provisions. You and CPS agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas, USA. The failure of CPS to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this TOS are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. CPS may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service.