The Association for PRINT Technologies (“APTech”, “we”, “our”) welcomes you and invites you to access and use any of APTech’s websites or mobile applications (collectively referenced herein as the “website,” or “site”).
We welcome any questions you may have. Our contact information is provided below.
APTech provides to you a personal, revocable, limited, non-exclusive, nontransferable, and non-sub-licensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials from the Site, provided that all hard copies contain all copyright and other applicable notices and you do not further distribute or disclose such materials and information. If you wish to make use of the Site other than as set out herein, you may contact APTech using the contact information set forth below.
2. Intellectual Property Rights
The Site is owned by Association for PRINT Technologies and/or its licensors. © 2019 Association for PRINT Technologies.
This TOU provides only a license and not an assignment or sale. All copyright, trademarks and other intellectual property rights (registered and unregistered) in and on our websites and all content (including any applications) located on the Site, shall remain the sole property of the Association for PRINT Technologies or its licensors. Any use not expressly permitted by APTech is prohibited. All rights reserved.
3. User Obligations.
Content on the websites may not be used in any commercial manner without the prior written consent of the Association for PRINT Technologies.
Unless you are the owner of the content, or have our express, written, permission, you must not reproduce, republish, duplicate, copy or otherwise exploit material on the websites in any way except for your own personal, noncommercial use. You may also reproduce web addresses for linking purposes, provided you expressly state that such link does not indicate any affiliation between you and APTech or constitute APTech’s endorsement of any product or service.
5. Acceptable Use of the Association for PRINT Technologies Websites
You agree to use our websites in accordance with all applicable laws, and in a way that does not infringe on the rights of others or restrict or inhibit anyone else’s use of the sites.
Registration for access to certain areas or functionality of the Site may require access credentials, such as a username and password. You agree to keep your access credentials confidential and you will be held responsible for all activity on the Site through your account.
By accessing the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). Individuals under the age of eighteen (18) (or the applicable age of majority) may use the Site only with the involvement and acceptance of this TOU by their parent or legal guardian and then solely under such parent or legal guardian’s account. You may not use the content on our websites for any marketing-related purpose without our express written consent
6. Directory. APTech may make available through the Site an on-line directory of APTech members (the "Directory"). In addition to any other terms and conditions set forth in this Agreement, you acknowledge and agree that the Directory shall be used only for personal purposes and that any information of the Directory shall not be further published, displayed, or made accessible. Accordingly, unless APTech has provided its prior written consent, you acknowledge and agree that the contents of the Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this Agreement.
7. Social Interactions. The Site may provide access to communication, other interactive features, and social functionality where you can share, exchange information or otherwise communicate with other users (with such shared or exchanged information, content, images, or communications referenced collectively as “Interaction(s)”). You agree that by using the Site you will not upload, post, display, or transmit any of the following:
- anything which may damage, lessen, or harm the goodwill or reputation of APTech and its services;
- anything which defames, harasses, bullies, threatens, or in any way violates or infringes on the rights of others;
- anything which may be considered offensive, obscene, or otherwise inappropriate, including language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco, or drugs, or that denigrates any person or group on any basis, including, without limitation, on the basis of race, religion, nationality, age, sexual orientation, or gender identity;
- anything which involves the impersonation of any other person or entity;
- anything which constitutes junk mail, spam, or unauthorized advertising; or
- anything which is unlawful.
Further, and as applicable, APTech shall not have any obligation to incorporate or utilize any Interaction that does not correspond to or meet APTech’s technical or usage practices, parameters, and limits. By submitting an Interaction, you grant APTech, for any lawful purpose, and without any additional approval or consideration, a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use the Interaction in connection with the Site and its related functionality. You further represent that you have all necessary rights and permissions to share the Interaction, and acknowledge that APTech has no control over the extent to which any Interaction may be used by a third party.
8. No Pre Screening of Interactions.
You, and not APTech shall be the author and/or sender of any Interaction. APTech is not responsible for pre-screening or editing your and any other user’s Interaction(s) and encourages reasonable discretion and caution in evaluating or reviewing Interaction(s). Moreover, APTech does not endorse or approve of any message, opinion, or idea expressed in an Interaction (unless separately and expressly provided by APTech) and does not make any representations or warranties with respect to the Interaction(s). Nevertheless, APTech reserves the right to monitor or take other action with respect to any Interaction that APTech reasonably believes is necessary to: (i) enforce the terms of this TOU; (ii) satisfy applicable law, regulation, legal process, or government request; (iii) protect the rights, property, or safety of APTech or its users; (iv) or address any act or omission that APTech, believes in its good faith to be unlawful or may be harmful to APTech, its services, or goodwill.
9. DMCA Notice Procedure.
It is the policy of APTech to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify the APTech copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow APTech to locate that material.
- Adequate information by which APTech can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The APTech designated Copyright Agent to receive DMCA notices is:
Name: Association for PRINT Technologies
Address: 1899 Preston White Drive, Reston, VA 20191
In accordance with the DMCA and other applicable law, APTech has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. APTech may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Disclaimer of Warranties and Liability
Our websites are provided as is and as available, without warranty of any kind. The Association for PRINT Technologies expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to:
- Any warranties as to the availability, accuracy, completeness, timeliness or reliability of the content available through the service, or the service itself.
- Any warranties that the service will be uninterrupted, timely, secure or error free, or that software defects will be corrected.
- Warranties of merchantability, fitness for a particular purpose or non-infringement.
You acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from our websites, shall create any warranty not expressly made herein.
The Association for PRINT Technologies, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from use of our websites, including, without limitation, when caused in whole or in part by contingencies beyond its control. In no event will APTech, its officers, directors, owners, agents and employees, be liable to you or anyone else for any decision made or action taken by you in reliance on such content. Moreover, APTech, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any consequential, special, incidental, indirect or similar damages, even if advised of the possibility of such damages, resulting from the use or the inability to use the sites. You agree that the liability of APTech, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the site shall not exceed the amount you paid APTech for the use of the site.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Links to Other Sites
APTech, at its sole discretion, or other end users, may provide links to other websites for your convenience in locating related information, products and services. These sites have not necessarily been reviewed by APTech and are maintained by third parties over which APTech exercises no control. Accordingly, APTech expressly disclaims any responsibility for the content, the materials, the accuracy of the information and/or quality of the products or services provided by, available through or advertised on these third-party websites. Moreover, these links do not imply an endorsement by APTech with respect to any third party or any website, or the products or services provided by any third party.
12. Membership; other Terms and Conditions.
Additional notices, terms, and conditions may apply to the membership, participation in a particular program or event, and/or to specific portions or features of this Site. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of the site or the affected product, program, or service.
13. Term and Termination.
This TOU will take (re-take) effect at the time you accept, download, or begin using the site, whichever is earliest. This TOU will terminate automatically if: (i) you fail to comply with any of its TOU; or (ii) cease all use of the site. Termination in such event(s) will be effective without notice. In addition, APTech may in its sole discretion terminate this TOU or suspend the site’s performance upon notice to you for any or no reason. Upon termination of this TOU, any and all right(s) and licenses to use the site and shall immediately cease and you must promptly delete or destroy all copies of the site in your possession or control. The provisions concerning Intellectual Property Rights, Disclaimer, Limitation of Liability, Governing Law, Enforcing Security, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.
14. Enforcing Security.
You may not use the site or any of APTech’s data, systems, networks, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using APTech’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a APTech system or network, circumventing any APTech security or authentication measures, monitoring APTech data or traffic, interfering with any APTech services, collecting or using from the site email addresses, usernames, or other identifiers, collecting or using from the site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against APTech or its data, systems, or network. Actual or attempted unauthorized use of the site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. APTech reserves the right to view, monitor, and record activity on the site (including through your account) without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the site, as well as to disclosures required by, or under applicable law, or related government agency actions. APTech will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, APTech reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation or access to the site, or any portion of the site in order to protect the site or APTech.
APTech may change these terms from time to time, and may add, modify, or delete any aspect, program, functionality, or feature of the Site and so you should check these terms regularly. Your continued use of APTech’s websites will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you must cease using our websites immediately.
16. Waiver and Severability.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable for any reason, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by APTech. No failure by APTech to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by APTech preclude any other or future exercise of that right or any other right hereunder by APTech.
17. Law and Jurisdiction
You agree that any cause of action arising out of or related to the sites must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
18. Injunctive Relief.
Notwithstanding the arbitration provision above, you acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of APTech proprietary assets, will cause irreparable injury to APTech. Such injury would not be quantifiable in monetary damages and APTech would not have an adequate remedy at law. You therefore agree that APTech shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that APTech post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to APTech to enforce any provision of this TOU.
19. Entire Agreement.
You and APTech are independent contractors. This TOU represents the entire agreement between you and APTech with respect to your individual use of the site. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of APTech.
20. Contact Us
If you have questions, comments, or concerns about this privacy notice, please contact us, in our role as data controller, at:
1899 Preston White Drive
Reston, VA 20191