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TERMS OF USE
  1. Access to this Web site, including but not limited to the online services available through myPANTONE, which are detailed below (collectively, this "Site") is granted to you by limited permission of Pantone, Inc. ("Pantone"), which limited permission Pantone may revoke at any time, for any reason, in Pantone’s sole discretion. This Site is not intended for the use of children. If you are under 18, you may use this Site only with involvement of a parent or guardian. 
  2. Your use of this Site is governed by all applicable laws, as well as these Terms of Use. In addition, when using particular Pantone-owned or Pantone-operated services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you do not or are not willing to abide by each and every one of these Terms of Use, or by applicable law, your limited permission to access this Site and its contents, as well as any other service owned or operated by Pantone, is hereby revoked, and you should (i) immediately exit this Site, (ii) delete any copies of this Site or its contents in your possession, custody, or control, and (iii) not return to this Site without the prior written permission of Pantone. Pantone may amend these Terms of Use from time to time, at any time, without prior notice to you. The amended terms of use shall be effective as of the date and time they are posted on this Site. Your continued use now or following the posting of any amended terms of use will indicate acceptance by you of such amended terms of use.
  3. myPANTONE.  myPANTONE is an online service that allows users to enrich their color experience.  myPANTONE members can set up unique personal profiles that can be linked together.  myPANTONE members can post and view each others' color palettes, communicate with other members, share color palettes, post comments, and describe their color interests.  (Note that the creation and uploading of palettes require the use of Pantone’s myPANTONE™ palette Software).

    a.         In order to access some of the online services available on myPANTONE, you will have to create a myPANTONE account. When creating your account, you must provide complete and accurate information. You are solely responsible for the activity in your account, and you shall keep your account password secure. A use of another user's account without permission is strictly forbidden. You must notify Pantone immediately of any breach of security or unauthorized use of your account.   Pantone will not be liable for your losses caused by any unauthorized use of your account; however you may be liable for the losses of Pantone or others due to such unauthorized use.   
    b.         As a myPANTONE account holder and registered owner of the myPANTONE™ palette software (required to create and upload palettes) you may post color palettes, images and textual content (collectively "User Contents”).   You understand and agree that Pantone does not guarantee any confidentiality with respect to any User Contents.
    c.         You are solely responsible for your own User Contents and the consequences of posting them. You represent and warrant that you either own or have the required permissions and authorizations to use and to allow and authorize Pantone to use all patent, trademarks, trade secret, copyright or other proprietary rights in and to any and all User Contents posted by you, in the manner contemplated by myPANTONE, this Site and these Terms of Use.
    d.         When you post your User Contents on myPANTONE, you continue to retain all ownership rights in such User Contents, however, by posting such User Contents, you hereby grant Pantone a non-exclusive, royalty-free, sublicenseable and transferable, perpetual and irrevocable, worldwide license to use, reproduce, display, distribute and prepare derivative works of the User Contents in connection with myPANTONE, this Site and/or other Pantone (and its successors' and affiliates') businesses, in any media formats and through any media channels. You also hereby grant each user of myPANTONE and/or this Site a non-exclusive, perpetual and irrevocable, license to access your User Contents hereunder and to use, display, reproduce and distribute such User Contents as permitted through the functionality of myPANTONE and this Site and subject to these Terms of Use.
    e.         You agree that you will not submit User Contents that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pantone all of the license rights granted herein. 
    f.          Pantone does not review the User Contents prior to posting and does not endorse or has control over User Contents.  Opinions, recommendations and/or advice expressed by users do not necessarily reflect those of Pantone’s.   Pantone expressly disclaims any and all liability in connection with User Contents.    
    g.         Pantone reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of myPANTONE at any time, for any or no reason, with or without prior notice, and without liability.  Without derogating from the generality of the foregoing, Pantone expressly reserves the rights to remove any User Contents that Pantone, in its sole and absolute discretion, deems to be, infringing on third party’s intellectual property rights, or inappropriate, including but not limited to User Contents which include pornography, obscene or defamatory material.
    h.         If you believe that your work has been copied and posted on myPANTONE in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on myPANTONE; (iv) your address, telephone number, and email address; (v) your written statement that you have a good faith belief that the arguable use is not authorized by the copyright owner, its agent, or the law; (vi) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Pantone's Copyright Agent can be contacted as follows: Copyright Agent, Pantone, Inc., 590 Commerce Boulevard, Carlstadt, NJ 07072 USA; Fax: (201) 896-0242; Attn: Copyright Agent; and email: copyrightagent@pantone.com.
  1. The contents of this Site are intended for your personal, noncommercial use, and are protected pursuant to U.S. and international laws. You may not, except as expressly provided by these Terms of Use, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the contents of the Site in whole or in part. You may download, print, or copy the contents of this Site for your personal use, provided that you abide by these Terms of Use and maintain all copyright and other notices contained therein. Copying, printing, or storing of any of the contents of this Site for any reason other than your personal use is expressly prohibited without the prior written permission of Pantone. Without derogating from the generality of the foregoing, published materials of Pantone, are protected by copyright laws and include, for example, graphic presentations, color references, PANTONE Colors, PANTONE Names, numbers, formulas and software. An unauthorized claim by third parties either as principals or agents, inferring that any referenced color or color system is the same as, or equivalent to, a color standard or color system of Pantone, may be a violation of Pantone’s proprietary rights and is strictly prohibited. Similarly, any cross-referencing, in whole or in part, to any PANTONE Color System including, but not limited to, the PANTONE Numbers and PANTONE Colors, by third parties, may be a violation of Pantone’s proprietary rights and is strictly prohibited.
  2. Color Cue®2, COLORSTROLOGY™, ColorSuite®, COLORTEAMSM, ColorVANTAGE®, ColorWeb®, Hexachrome®, Huey™, PANTONE®, PANTONE Chip Logo, PANTONE Color Cue®2, Pantone Color Institute®, PANTONE ColorVANTAGE®, PANTONE Fan Chip Logo, PANTONE Goe™, PANTONE Hexachrome Logo, PANTONE Hexachrome®, PANTONE MATCHING SYSTEM®, PANTONE ASSISTANT™, PANTONE Plastics Color System™, PANTONE Process Color System®, PANTONE Textile Color System®, PANTONE The Color of Ideas(sm), PANTONE The Global Language of Color™, PANTONE The Power of Color®, PANTONE UNIVERSE™, PMS® (Note: PMS is a registered trademark; however, it is one which should not be used.), PORTABLE COLOR MEMORY®, The Power of Color™, COLOR NEWS®, ColorUp®, ColorWise®, PANTONE Consumer Color Preference Study®, PANTONE Wherever There’s Color®, Wherever There’s Color, There’s PANTONE® and other Pantone trademarks and service marks hereunder are the property of Pantone. 

    Adobe, Photoshop, Illustrator, PageMaker, Acrobat, InDesign and PostScript are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
    Apple, Mac, Macintosh, ColorSync and Mac are trademarks of Apple Computer, Inc.

    Corel and CorelDRAW are trademarks or registered trademarks of Corel Corporation or Corel Corporation Limited in Canada, the United States and/or other countries.

    Microsoft, Windows, Windows NT, FrontPage and PowerPoint are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

    QuarkXPress is a trademark of Quark, Inc. and all applicable affiliated companies, Reg. U.S. Pat & Tm. Off., and in many other countries.
    Eurolux™, Eco™, Sample Pot™, Fine Paints™, PHP™, Keyprimer™, Eurothane™, Hollandlac™Eurogallon™, Euroquart™, Enduit™, Brushing Putty™, Swedish Putty™ and Fine Paints of Europe™ and other Fine Paints of Europe, Inc. trademarks, registered trademarks and/or service marks hereunder are the property of Fine Paints of Europe, Inc.

    All other marks associated with third party products, documents and company names mentioned on this Site are the trademarks or service marks of their respective owners.
  1. You agree to indemnify, defend and hold Pantone, its officers, directors, employees, affiliates, partners and attorneys (collectively, our "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from (i) your use of and access to this Site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, or privacy rights; or (iv) any claim that your User Contents caused damage to a third party. Your obligations under this clause will survive these Terms of Use and your use of this Site.
  2. Pantone reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to this Site, or to ask you to participate in user surveys, to provide feedback on this Site, or to better enable us to understand our users. Pantone reserves the right to disclose information about you as well as your use of this Site in accordance with the provisions of our Privacy Policy, incorporated here by reference.
  3. This Site contains links to third party Web sites. Pantone is not responsible for the content, accuracy or opinions expressed in these third party Web sites, and these Web sites are not investigated, monitored or checked for accuracy or completeness by Pantone. The inclusion of a link to a third party Web site on this Site does not and should not be interpreted to imply Pantone’s approval or endorsement of the linked Web site. Should you decide to leave this Site to access a third party Web site, you do so at your own risk.  We encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.
  4. In the event that you purchase a good or service from Pantone via this Site, you agree to pay Pantone the applicable fees set forth for such goods or services at the time of your request of the goods or services from Pantone. You agree to pay all value added, sales and other taxes (other than taxes based on Pantone’s income) related to the goods or services provided to you. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. Pantone reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
  5. YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, PANTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. THE COLORS SHOWN ON THIS SITE ARE COMPUTER SIMULATIONS OF THE PANTONE COLORS AND MAY NOT MATCH PANTONE-IDENTIFIED COLOR STANDARDS. REFER TO PANTONE PUBLICATIONS FOR ACCURATE PANTONE COLOR STANDARDS. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

    YOU SPECIFICALLY ACKNOWLEDGE THAT PANTONE SHALL NOT BE LIABLE FOR USER CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to this Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in the state or federal courts located in New York, New York. You expressly submit to the exclusive jurisdiction of said courts, and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

If you have any questions about the Pantone Web site or these Terms of Use, please e-mail the Webmaster by clicking here. Thank you!

 
   
 
 

 

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