These terms of use apply to the use of the internet pages under the URL: https://www.dmcolor.com (hereinafter “Website”) run by Smithers-Oasis Company (hereinafter “SOC”). Through this Website, SOC provides you with a variety of resources, including software, technical specifications, data sheets and all kinds of product information as well as other information and/or services related to SOC products and/or services. The terms of use and any additional terms posted on this Website together apply to your access to, and use of, this Website and constitute the entire agreement between SOC and you with respect to your use of this Website.
By accessing or using this Website in any way, including, without limitation, use of any of the services, downloading of any materials, or merely browsing the Website, you accept and agree to be bound, by these terms of use. SOC recommends you download and/or print out the terms of use and read the provisions carefully before using this Website.
SOC endeavors to diligently support and maintain the Website. However, SOC does not warrant or guarantee that the Website is accessible at all times.
SOC also does not warrant or guarantee that the Website is always up to date and that the information on the Website is complete and free from errors at all times. Delays, wording mistakes, omissions and incorrect information may occur. SOC reserves the right to change these terms of use as well as the content and structure of the Website at any time. This includes the right to claim fees for certain offers, services and/or products on the Website or to no longer offer such offers, services and/or products.
SOC in its sole discretion may amend these Terms of Use, in which case we will post the amended Terms of Use on the Website. Your use of the Website after such amended Terms of Use is posted will constitute acceptance of it by you.
You may not use the Website in a manner that could damage, disable, overburden or impair any SOC server and/or server of its affiliates or the network connected to such servers. You may not attempt to gain unauthorized access to any websites, other accounts, computer systems or networks connected to such servers, through i.e. hacking, password mining or any other means. User activities that aim at rendering the Website non-functional or at least obstruct the use of the Website may be prosecuted on the basis of civil and criminal law.
Any information, data, material or other content (hereinafter “User Content”) that you send to the Website will be deemed non-confidential and not protected by law. By sending any User Content to SOC you grant to SOC the right – without limitation as to territory, time and scope – to use, reproduce, display, modify, incorporate, license and distribute the User Content or to use the User Content in any other way whatsoever. In particular, you agree that SOC may use any ideas, concepts, techniques or other know-how in User Content for any and all commercial and non-commercial purposes.
All elements of the Website, including layout and arrangement of the information, are protected by trademark, copyright, 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 SOC.
Subject to the limitation of warranty and liability as set out below, SOC may provide you with product information, including but not limited to documentation, technical specifications, data sheets and any supplements hereto and with other non-product related documents in any form (collectively “Documentation”). Documentation may also include marketing information, order confirmation, volume of orders and order forecasts, delivery information, open accounts and current payments, quality reports and customer complaints, news, special reports and additional information about SOC, which SOC provides solely for your convenience.
Any Documentation made available to download shall be subject to SOC’s intellectual and other property rights. SOC hereby grants any authorized user a non-exclusive, non-transferable, revocable, limited right to download, use and copy (i.e. electronically copy and print hard-copy excerpts) the Documentation for scientific or educational purposes or in order to assess entering into any business with SOC, provided that (1) a SOC copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) the use is within the limits defined by these terms of use and Documentation will not be copied or posted on any network computer, stored in a retrieval system or broadcasted in any media and (3) no modifications to any Documentation is made. Any use of the Documentation without the prior written consent of SOC other than the one set forth herein is expressly forbidden.
This Website may include discussion forums or other interactive areas. You agree not to upload, distribute or otherwise publish through this Website any content which is unlawful, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. On this Website you shall not, without the express written approval of SOC, distribute or publish promotions, advertising or solicitations for funds, goods or services.
You shall remain solely liable for the content of any messages or other information posted by you on this Website, and SOC takes no responsibility and assumes no liability for the content of posted or uploaded material.
SOC may, but is not obligated to, monitor or review (i) any areas on the Website where users transmit or post submissions, including but not limited to discussion forums or other interactive areas and (ii) the substance of any submission. Although it is not SOC’s intention to do so, SOC reserves the right, in its sole discretion, to delete or remove submissions or any other content available through forums or interactive areas and to restrict, suspend, or terminate your access to all or part of this Website, at any time without prior notice or liability. In addition, SOC reserves the right, in its sole discretion, to remove, edit or, block or restrict future access to any material posted by you that is determined to be unlawful, harmful, offensive or otherwise inappropriate.
The Website may contain hyperlinks to websites of third parties. SOC does not control the content of such websites and is not liable for the content of such websites of third parties. Also, SOC does not adopt the content of such websites of third parties and disclaims any liability for them. The use of such websites of third parties is at the own risk of the user.
Some areas of this Website and the materials, data and information provided thereon may require express authorization and account set-up by SOC before you are allowed to access, download or use. After registration and your successful verification, the SOC Website coordinator will decide as it deems fit whether or not your account shall be activated.
During the registration process some personal information may be collected. By signing up, you accept the provisions set forth in SOC’s Privacy Policy. SOC may ask for your name, email address, zip code, company name, department, postal address, country, phone and fax number. After signing-up, a confirmation e-mail with activation instructions will be automatically generated and sent to you. Access is made available through a password and a User ID. The password is initially mailed to you. You may change it to your convenience, after you have logged in.
You may not use an account other than your own account at any time. You agree to inform SOC immediately of any unauthorized use of your account or any other breach of security. SOC will not be liable for any loss that you may suffer 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 SOC or another party due to someone else using your account or password. You shall ensure that your user data is not accessible by third parties. In addition, you are liable for all downloads, transactions and other activities carried out under your account.
Without limiting other remedies, SOC reserves the right to block or restrict access to and use of the Website at any time and for any reason whatsoever in its sole discretion. Upon such termination or suspension, your right to use the limited access Website will immediately cease.
When you use the Website, SOC may track your visit to this Website and the use of services provided thereunder. SOC may collect certain technical and routing information about your computer to facilitate your use of the Website and its services. Further SOC’s servers automatically log your login, the IP/Internet address of your computer and record all content that has been downloaded or otherwise transmitted to or from your computer by filename, date and time of download (collectively the “Data”). Except as set forth in the Privacy Policy or in these terms of use, your personal information and Data will be deemed to be confidential and not disclosed to any third party.
See SOC’s Privacy Policy located at Privacy Policy.
This Website (including all Documentation, content, services, functions and other materials or information made available on or accessed through this Website or any external website linked to this Website) are provided “as is”. Except as expressly warranted in any other applicable license agreement, SOC disclaims all warranties either express, implied, statutory or otherwise including but not limited to merchantability, fitness for a particular purpose, title and non-infringement with regard to the content of this Website. Further, SOC disclaims that the server that makes this Website available is free of viruses or other components that may infect, harm or cause damages to your computer equipment or data when you access, download form or otherwise use this Website. Under no circumstances shall SOC be liable to the user of the Website for indirect, incidental, collateral or consequential damages or losses such as harm to business, loss of revenues, loss of anticipated savings or lost profits, whether or not foreseeable.
This Website uses cookies. For more information on how this Website uses cookies, please see the Privacy Policy.
Any and all disputes arising out of or related to these Terms of Use or to your use of the Website, or any product or service distributed by SOC shall be governed by, and construed and interpreted in accordance with, the laws of the State of Ohio, United States of America, without regard to conflict of laws principles. Further, by using the Website, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Portage County, Ohio (the “Forum”) for purposes of any legal action and waive any objections as to personal jurisdiction or as to the venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
These terms of use constitute the entire agreement between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. SOC’s performance under these Terms of Use is subject to applicable law and nothing contained herein is a derogation of SOC’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided or gathered by SOC with respect to such use. If any term in these Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
