Cactus Support Community Terms of Use

Welcome to the Cactus Support Community. By accessing or using any part of the Site, you agree that you are subject to and will comply with these Terms of Use. Cactus reserves the right, in its discretion, to update or revise these Terms of Use and to post such updated or revised Terms of Use on this Site.

If any future change is unacceptable to you, you should discontinue using the Site. Your continued use of the Site will always indicate your acceptance of this Terms of Use and any changes to it.

DEFINITIONS

“Account” means your Cactus Support Community Account.

“Community” means the Cactus Support Community.

“Feedback” means ideas, suggestions and/or recommendations posted on this Site regarding Cactus’s products, technologies or services.

“Site” means the Cactus Image Web Site (www.cactus-image.com) and/or its Support Community.

“You” or “your” means you as an individual, and/or any company or organization for whom you are using the Site.

“Submission” means any comment, content, context, ideas, suggestions, recommendations and information, may or may not with regard to Cactus’s products, technologies or services, including without limitation, text, photos, illustrations, drawings and videos submitted or posted on the Site.

1. YOUR PROFILE AND ACCOUNT

(1) By creating a Support Community Account, you confirm that all information that you submit to Cactus is true, accurate and complete, that you will update such information in order to keep it current. You agree to not include photos, trademarks, trade names, logos or other information in your profile that is inappropriate or offensive or that infringes privacy rights or intellectual property rights of Cactus or a third party.

(2) Your personal information provided to Cactus is subject to Cactus’s Privacy Policy. You agree that Cactus may send you information and notices regarding the Site, the Community and/or your Account by email, text messaging or other means based on the information you provide to Cactus.

(3) As long as you comply with the Terms of Use, Cactus grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

(4) You are responsible for any activities in your Account. All such activities are at your own risk. It is your responsibility to maintain the confidentiality of any password associated with your use of the Community. You will immediately notify us of any unauthorized use of your password or account or any other breach of security.

(5) If Cactus has grounds to suspect that your information is untrue, inaccurate or incomplete, Cactus has the right to suspend or terminate your use of the Cactus Account.

(6) Cactus reserves the right at all times to disclose any information as Cactus 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 Cactus’s sole discretion.

2. GENERAL GUIDELINES

(1) Be polite.

(2) Stay on topic. Cactus Support Community is here to help people use Cactus products and technologies more effectively.

(3) Post constructive comments and questions. Constructive feedback about product features is welcome as well.

(4) Post only your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission.

(5) Test your answer. When possible, run an online search before you post it.

(6) Do not post any context that is libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic.

(7) Do not provide any non-public information about Cactus or any other company or person without authorization.

(8) Do not breach any duty of confidentiality that you may owe to anyone.

(9) Do not upload, post, email, transmit or otherwise make available 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, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.

(10) Do not use the Community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) including solicitation of lawsuits.

(11) Do not restrict or inhibit any other user from using and enjoying the Community, or create an unusually large burden on the Community, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.

(12) Do not resell any of the information published in the Community or use the information other than for your own personal purposes.

(13) Do 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 this Site.

(14) Do not advertise. Do not use the Community to sell or market your products to others and do not post a URL unless it directly relates to a user's question.

(15) Do not submit material that is intended to promote or commit an illegal act, including without limitation, violations of intellectual property rights, privacy rights or proprietary rights of Cactus or a third party;

(16) NEVER reveal any personal information and do not include personal data, including your user password or user password of third parties or intend to solicit such personal data in the Community.

3. NO WARRANTY

(1) Cactus does not prescreen information submitted by users of the Community. Cactus retains the right, but not the responsibility, to review, edit or remove any comments, including those deemed by Cactus to violate the Terms of Use in its sole discretion. However, Cactus has no obligation to monitor the communications on the Community. Views expressed on the Community are not endorsed by Cactus.

(2) Cactus may respond to questions but does not formally provide technical support on the Site. Any information that is provided by Cactus or Cactus employees is offered on an “AS IS” basis without warranties of any kind.

(3) Cactus does not make any representation as to the quality or accuracy of information posted on the Community, and Cactus specifically disclaim the accuracy, completeness, reliability, usefulness, non-infringement, quality or originality of such content. Cactus disclaims any responsibility whatsoever for any content or material on the community regardless of who originated that content (including our employees, partners, affiliates or moderators).

(4) Cactus will make good faith efforts to investigate allegations that comments violate the Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific comment, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any comment whatsoever.

(5) You acknowledge that anything posted on the Site by any person, regardless of that person’s affiliation or non-affiliation with Cactus, reflects only the opinions of the person making the post. In particular, you acknowledge that nothing posted on the Site gives rise in any way to a promise or undertaking by Cactus to adopt, or refrain from adopting, any feature request or course of action regarding any feature request and that any reliance upon such postings is solely at your own risk.

4. LICENSE TO USE FEEDBACK AND SUBMISSION

(1) If you provide any Feedback regarding Cactus’s products, technologies or services, you consent to Cactus’s collection of such information, and you grant Cactus, its affiliated companies and necessary sub-licensees permission to use such Feedback and incorporate it in Cactus products, technologies, and services without paying royalties and without any other obligations or restrictions. If you do not want to grant to Cactus the rights set out above, do not send your Feedback to the Site.

(2) By sending a Feedback to the Site you agree to grant Cactus a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Feedback. You waive any intellectual property or other claims you may have now or in the future against Cactus or anyone using a product or service marketed by Cactus relating to your Feedback. No compensation will be paid with respect to the use of your Feedback.

(3) To the extent you possess now or in the future any copyright, patent or other intellectual property rights that may be infringed by submitting Feedback to the Site, you hereby grant to Cactus a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of Cactus by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free sub-licensable license to all such rights with respect to the Feedback you submitted to the Site.

(4) You acknowledge that Cactus may, in its sole discretion, elect to develop and market products, services or applications that incorporate your Feedback that you submit on the Site. you agree not to make any claims against Cactus or anyone using a product or service marketed by Cactus related to the development and offering of such products, services or applications whether your Feedbacks are adopted, not adopted or adopted but modified in any product, service or application.

(5) You acknowledge that, to the best of your knowledge and belief, your Submission and/or Feedback do not make you a contributing inventor to any inventions that may arise during development by Cactus of any products, services or applications implementing your Feedback. Your preceding acknowledgement notwithstanding, in the event that you are determined to be a contributing inventor to an invention based upon your Submission and/or Feedback by Cactus in its discretion or by any court or government agency competent to make such a determination, you promise to: (a) cooperate with Cactus in procuring patents to protect the invention; (b) execute all necessary paperwork required to procure patents to the invention on Cactus’s behalf; and (c) at Cactus’s request execute any assignments assigning ownership of any patents or patent applications to the invention to Cactus.

5. INTELLECTUAL PROPERTY

(1) You warrant and represent that you own or otherwise control all intellectual property and other rights to any information submitted by you to this Site or otherwise, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submission and/or Feedback. To the extent your employer or another organization with which you are affiliated owns or has rights in the Submission and/or Feedback you provide, you represent that you are authorized by that employer or organization to submit your Feedback and/or Submission.

(2) Subject to the limited rights expressly granted hereunder, Cactus reserves all rights, title and interest in and to all intellectual property rights subsisting in the Site, including without limitation its user interface, branding, and underlying technology. No rights are granted to you hereunder other than as expressly set forth herein

(3) Cactus® and related trademarks, names and logos are the property of Harvest One Limited and are registered and/or used in the U.S. and countries around the world.

6. LIMITATION OF LIABILITY

(1) In no event shall Cactus, its mother company Harvest One Limited, officers, directors, employees, or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including without limitation, any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Site, even if you have advised Cactus about the possibility of such loss, and including any damages resulting therefrom.

(2) You specifically agree that Cactus shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this Site. You specifically agree that Cactus is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Cactus is not responsible for any content sent using the communication services and/or included in this Site by any third party.

(3) In no event shall Cactus be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement goods, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability) arising out of or in connection with the use of, or inability to use this Site, whether or not Cactus has been advised of the possibility of such damages.

(4) Your only right with respect to any problems or dissatisfaction with the Site is to terminate your account as set out in Section 8 and to stop using the Site.

7. INDEMNIFICATION

You agree to indemnify and hold Cactus and its employees, contractors, officers, directors, and volunteer moderators of Cactus Support Community harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys' fees) arising from: (1) your use or misuse of this Site, including without limitation Submission sent or posted by you, (2) your connection to this Site, (3) your non-compliance with these terms and conditions of use, (4) your violation of any laws, regulations, (5) or your violation of any third-party rights.

8. TERMINATION

(1) You may terminate your Account at any time by sending a request to Administrator.

(2) Cactus reserves the right to terminate or suspend your Account at any time in case of use which, in Cactus sole discretion, is in contravention of this Terms of Use or the Guidelines. If Cactus terminates or suspends your Account for any reasons whatsoever, Cactus shall have no liability or responsibility to you.

(3) Whether your Account is terminated by you or Cactus for any reason, Submission or Feedback that you have posted will be still kept in the Cactus system and may be retrieved by anyone with authorized access to the Site.

9. TECHNOLOGY LIMITATIONS AND MODIFICATIONS

Cactus will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Cactus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any of its functions and features with or without notice. If Cactus modifies or discontinues the Site and/or Support Community for any of the reasons, Cactus shall have no liability or responsibility to you.

10. INTERNATIONAL USE

As this Site may be accessed globally, Cactus makes no representation that materials on this Site are appropriate or available for use in locations of all countries, and accessing them from territories where their contents are illegal is prohibited.

11. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unenforceable or contrary to law, the application of that provision shall be enforced to the extent permitted by law, and such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Use.

12. GOVERNING LAW

These Terms of Use shall be governed exclusively by the laws of Hong Kong Special Administrative Region, without regard to its conflicts of laws rules. No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is by an update to these Terms of Use that we make available on the Site, or is in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.