Vivid-Pix
End User License Agreement
IMPORTANT READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal and binding agreement between you (either an individual or a single entity) (“You” or “Your”) and Vivid-Pix (“Vivid-Pix”) for the software product You are about to download or otherwise install and the associated proprietary media, printed materials, any associated documentation (including any electronic documentation), and also any updates or modifications of the foregoing provided by Vivid-Pix or its licensees or agents to You (collectively, the “Software”).
WHEN YOU CLICK ON THE “I ACCEPT” BUTTON OR WHEN YOU OTHERWISE INSTALL OR USE ANY PART OF THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE (AND, IF APPLICABLE, CLICK THE “I DO NOT ACCEPT” BUTTON), AND YOU WILL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO USE ANY PART OF THE SOFTWARE. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF VIVID-PIX SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE CONSIDERED AN OFFER BY VIVID-PIX, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Under this Agreement, You are obtaining one of the following three types of licenses:
(1) A “Trial License,” which will allow you to use the Software or a premium version of the Software including additional features or functionality (“Premium Trial Version”) free of charge, for a personal, limited period of time or limited number of image improvements designated by Vivid-Pix for evaluation purposes only;
(2) A “Single-User License,” which will allow you to use one copy of the Software for Your personal use;
(3) A “Volume License,” which is a license granted when You have purchased multiple seats to the Software and which will allow personal use to use the Software on multiple computers at once; or
(4) A “Commercial License,” which will allow a business to use the Software for improving consumer images;
(5) A “Commercial License,” which will allow a business to provide a consumer use of the Software so that the consumer can improve images;
1. License.
A. Trial License. If You received a trial version of the Software, or a Premium Trial Version, subject to Your compliance with the terms and conditions of this Agreement, Vivid-Pix hereby grants to You a limited, personal, non-sublicensable, non-transferable, non-exclusive license for a limited trial period to:
I. Use one copy of the Software and/or Premium Trial Version to evaluate the Software and/or Premium Trial Version, and only for Your personal, noncommercial use on a single computer system and only in accordance with any accompanying end user documentation; and
II. Make one copy of the Software and/or Premium Trial Version in machine-readable form solely for archival back-up purposes, provided You reproduce Vivid-Pix’s copyright proprietary legends in any such copy.
If you received a Premium Trial Version, and You choose not to purchase rights to continue to use the Premium Trial Version, then upon the expiration of the trial period you will no longer have access to those features and functionality specific to the Premium Trial Version. If you choose to purchase rights to continue Your use of the features and functionality specific to the Premium Trial Version, then upon purchase, You will be subject to the Single User License below.
B. Single User License. If You have purchased a Single-User License, subject to Your compliance with the terms and conditions of this Agreement, Vivid-Pix hereby grants to You a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:
I. Use one copy of the Software only for Your personal, noncommercial use on a single computer system and only in accordance with the accompanying end user documentation; and
II. Make one copy of the Software in machine readable form solely for archival backup purposes, provided You reproduce Vivid-Pix’s copyright proprietary legends in any such copy.
C. Volume License. If You have purchased a Volume License from Vivid-Pix or one of its authorized distributors, subject to Your compliance with the terms and conditions of this Agreement, Vivid-Pix hereby grants to You a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:
I. Install the object code of the Software on computers owned or controlled by You for noncommercial use, provided that the number of computers on which the Software may be installed shall never exceed the number of seats of the Software You have purchased from Vivid-Pix or its distributors; and
II. Use the Software in accordance with any relevant Vivid-Pix end user documentation.
D. Commercial License. If you have purchased a Commercial License from Vivid-Pix or one of its authorized distributors, subject to Your compliance with the terms and conditions of this Agreement, Vivid-Pix hereby grants You a limited, commercial, non-sublicensable, non-transferable, non-exclusive license to:
I. Install the object code of the Software on computers owned or controlled by You for
commercial use, provided that the number of computers on which the Software may be installed
shall never exceed the number of seats of the Software You have purchased from Vivid-Pix or its
distributors; and
II. Use the Software in accordance with any relevant Vivid-Pix end user documentation.
E. This Software may have some features (including but not limited to import, capture, editing, export, or viewing of image and video files that require product activation via the Internet upon first use. Product activation is free.
2. License Restrictions.
A. General Restrictions. You shall not (nor shall You permit anyone else to) directly or indirectly:
1. Copy (except as expressly set forth above) or modify the Software or any portion thereof;
2. Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software or any portion thereof (except where the foregoing is permitted by applicable local law, and then only to the extent so permitted);
3. Rent, lease, or use the Software or any portion thereof for timesharing or service bureau purposes, or otherwise use or allow the use of the Software or any portion thereof for any commercial purpose or on behalf of any third party (except when You have purchased a Commercial License that specifically allows the use by others and to be used for commercial purposes);
4. Remove or obscure any proprietary notices on the Software;
5. Post or otherwise make available the Software, or any portion thereof, in any form, on the Internet or other publicly-available forum;
6. Distribute copies of the Software, or any portion thereof, to others (electronically or otherwise);
7. Use a previous version of the Software after you receive a new version and are asked to discontinue using the previous version;
8. Export or re-export the Software in violation of any laws or regulations; or
9. Except as expressly set forth above, and except for the “sharing” features contained in the Software, make any single copy of the Software available for use by multiple users over any network or from any remote workstation or terminal. Each single computer on which Software is installed and used shall be primarily available to only a single user. You are responsible for all fees and costs associated with the copying and installation of the Software. As a specific condition of this license, You agree to use the Software in compliance with all applicable laws, including without limitation copyright laws, and that You will not copy, transmit, perform or distribute any audio, video or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content. The Software may be protected by one or more of US and/or foreign patents, including but not limited to those listed at www.Vivid-Pix.com/innovation/patents <http://www.Vivid-Pix.com/innovation/patents>.
B. Restrictions limited to Volume License. If you have purchased a Volume License:
I. if the Software is moved from one computer to another computer owned or controlled by You, You must destroy the copy on the first computer, unless the number of seats purchased allows for the addition of another copy; and
II. You may not install (or allow anyone else to install) the Software on any computer not owned or controlled by You.
3. Special Third Party Limitations/Requirements/Restrictions/Disclaimers/Liability
Limitations with respect to the use of the Software.
The Software contains certain third party materials and technology and the use of the Software is therefore subject to their additional limitations, requirements, restrictions, disclaimers and liability limitations. Vivid-Pix does not bear responsibility for malfunctions or difficulties that may arise from those third parties and grants no license to use those products.
4. Proprietary Rights.
Vivid-Pix and its licensors shall own and retain all right, title, and (except as expressly licensed hereunder) interest in and to the Software, all copies or portions thereof, and any derivative works thereof (by whomever created). The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Notwithstanding anything else, the Software is licensed and not sold. All rights in the Software not specifically granted in this Agreement are reserved by Vivid-Pix and its licensors.
5. Term and Termination.
This license granted under this Agreement is effective until terminated hereunder; provided, however, that if You are only permitted to use the Software on a trial basis, this license is only effective for the trial period specified by Vivid-Pix. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Vivid-Pix will have the right to terminate the license granted herein immediately if You fail to comply with any term or condition of this Agreement. The license granted to You herein will terminate automatically upon any breach of Section 2 or 3. Upon termination of this Agreement for any reason, You shall immediately stop using the Software and shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software. Sections 2, 3, and 4 through 13 shall survive any termination of this Agreement.
6. Limited Warranty.
Except if You are purchasing a Trial License, for a period of thirty (30) days from the date You purchase the Software (the “Warranty Period”), Vivid-Pix and its licensors warrant only that the Software will perform substantially in accordance with the specifications stated. THIS WARRANTY SHALL NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN ABUSED, MISUSED, DAMAGED IN TRANSPORT, ALTERED, NEGLECTED, OR SUBJECTED TO UNAUTHORIZED REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY VIVID-PIX. THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE.
NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENTIRE LIABILITY OF VIVID-PIX AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING WARRANTY, SHALL BE, AT VIVID-PIX’S OPTION AND EXPENSE: (A) REPAIR OR REPLACEMENT OF THE SOFTWARE WITH SOFTWARE THAT MEETS THE WARRANTY OR (B) IF REPAIRING OR REPLACING THE SOFTWARE IS NOT COMMERCIALLY PRACTICABLE IN VIVID-PIX’S SOLE DISCRETION, REFUND OF THE PURCHASE PRICE PAID BY YOU, IN BOTH CASES WHERE THE SOFTWARE IS RETURNED TO VIVID-PIX, WITHIN THE WARRANTY PERIOD. For warranty claims, please go to www.Vivid-Pix.com/support <http://www.Vivid-Pix.com/support>.
7. Warranty Disclaimer.
THE LIMITED WARRANTY SET FORTH IN SECTION 6 IS THE ONLY WARRANTY PROVIDED BY VIVID-PIX AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND VIVID-PIX MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY VIVID-PIX HEREUNDER. VIVID-PIX EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
FURTHER, VIVID-PIX DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. VIVID-PIX AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL VIVID-PIX OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON
I. FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY OR ON BEHALF OF VIVID-PIX, OR
II. FOR ANY MATTER BEYOND VIVID-PIX’S OR ITS LICENSORS’ REASONABLE CONTROL. VIVID-PIX’S AND ITS LICENSORS’ MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO
a. THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE OR
b. IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE ON A TRIAL BASIS, FIFTY DOLLARS ($50.00), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE VIVID-PIX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF VIVID-PIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and You shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By using the Software, You agree to the foregoing and represent and warrant that You are not located in, under the control of, or a national or resident of any restricted country.
10. Indemnity.
You shall indemnify and hold harmless Vivid-Pix from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from Your use of the Software as well as from Your failure to comply with any term of this Agreement.
11. Government Restricted Rights.
If You are an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software, or any related documentation of any kind, including technical data or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. This Software is commercial computer software and the related documentation is commercial computer software documentation. The use of the Software and related documentation is further restricted in accordance with the terms of this Agreement, or any modification hereto. Vivid-Pix is located at 10435 Stanyan Street, Alpharetta, GA 30022.
12. WARNING:
IF YOU ARE RECEIVING OR PURCHASING A TRIAL LICENSE, THE SOFTWARE MAY CONTAIN A MECHANISM THAT WILL CAUSE THE SOFTWARE TO CEASE PROPER OR FULL FUNCTIONING AFTER A CERTAIN PERIOD OF TIME. THIS MAY OCCUR BEFORE OR AFTER EXPIRATION OR TERMINATION OF THE LICENSE, SO YOU MUST BE PREPARED FOR SUCH EVENT AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.
13. General.
This Agreement and the terms of any Volume License Agreement provided to You (if any) represent the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and this Agreement shall otherwise remain in full force and effect and enforceable. The failure of Vivid-Pix to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Vivid-Pix’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without Vivid-Pix’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Vivid-Pix expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Georgia law (without regard to its conflicts of laws provisions) as such law applies to agreements between Georgia residents entered into and to be performed within Georgia. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Fulton County, Georgia; You hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Questions concerning this Agreement should be sent to the address set forth below. Any notices
or correspondences will only be effective if sent to such address.
Vivid-Pix
10435 Stanyan Street
Alpharetta, GA 30022
Master-EULA/clickwrap/1/13
Vivid-Pix
Legal and Privacy Policy
Review Vivid-Pix’s legal and privacy notices for details on how we collect, use and protect your personal information on the website.
Your use of and access to any website or software application (Vivid-Pix Property’) either (i) made available to you directly or indirectly from this website; or (ii) with a direct link to this privacy policy is subject to this privacy policy. This privacy policy explains the data that we collect and how we use it.
We respect your privacy. If you have any privacy concerns or questions about this privacy policy, you can contact us by email at: info@vivid-pix.com <mailto:info@vivid-pix.com>.
ABOUT US AND THIS POLICY
All references to “we”, “us” or “our” refer to (1) Vivid-Pix and/or one or more of its affiliates. This policy gives you the details of who we are and the details of our privacy policies, including: what data we collect about you when you use Vivid-Pix Property; what organization is collecting the information; how the information will be used or disclosed; what choices are available to you regarding collection and use of the data; what security measures are in place to protect your personal information; and how you can correct any inaccuracies in the information.
This policy may be amended from time to time without notice and it is your responsibility to read it carefully and review any changes that may have been made. Since changes will be posted on this page, we encourage you to check this page regularly.
For all users in locations other than in Europe, this policy, the processing of your online account data and any other data we collect shall be governed by the laws of the State of Georgia and shall be subject to the exclusive jurisdiction of the courts in Fulton County, Georgia. For all users located in Europe, this policy, the processing of your online account data and any other data we collect is subject to any mandatory laws in the country in which the user resides.
YOUR INFORMATION: WHAT WE COLLECT, HOW WE COLLECT IT, AND HOW IT IS USED
In common with most other websites and on-line services, we collect certain data about your visit to the Vivid-Pix Properties. Any data we gather through your use of Vivid-Pix Property falls into three categories:
(1) Personal information that you supply to us, such as information you provide when you register (including your e-mail address), create an account, create a user name, complete a survey, enter a contest, or purchase products or services;
(2) Information that is collected as you use Vivid-Pix Property that becomes identified with your personal information; and
(3) Information that does not directly identify you and is collected as you use Vivid-Pix Property, including your IP address, and information gathered with the use of a “cookie” (cookies are discussed further below), and information related to searches or recommendations on Vivid-Pix Property. Such information collected includes, without limitation, which pages and content are browsed, interactions with advertising and content, and other data related to preferences and usage. We use this information to better provide products and services, including, without limitation, to better target advertising and content, and to generate statistics and reports. You may use certain Vivid-Pix Property without registering or creating an account. We may nonetheless build a history of your interactions with the Vivid-Pix Property even though we don’t know who you are. In respect of certain Vivid-Pix Properties which are products, Vivid-Pix may also employ update management software to collect installation and registry information from your computer, including product, version, build, language and original equipment manufacturer. Where you use multiple Vivid-Pix Properties, Vivid-Pix may combine or link information collected from various Vivid-Pix Properties and use it for the purposes outlined in this privacy policy.
Personal information
As is common across websites, to use certain features of Vivid-Pix Property we ask you to register, create an account, provide your full name and email address and create a password. Once you have created an account, we may ask you to fill out a form (all or portions of which may be included in your profile). When you create your profile, we may collect personal information about you, such as name, address, location, e-mail address, favorite travel locations, dive sites, etc. which will be stored in order to provide services to you and to conduct activities including, without limitation, using it to process your registration, maintain a profile about you, process your request to receive newsletters and email announcements, or to voluntarily participate in surveys or contests and/or to communicate with you about services and products we think may be of interest to you.
Vivid-Pix may allow you to set up profiles that may be viewed by other users of the Vivid-Pix Properties. To enrich your profile you may choose to include some personal information in your public profile so that other users can identify you. You should only include information in your public profile that you do not mind making publicly available without restriction.
To process your purchase orders we require your name, billing address, phone number, email address, physical address, credit card information and credit card security codes. We use this information to process your order and, if any questions arise, to contact you about your order. We may also use it to contact you about other products and services we feel may be of interest to you. In general Vivid-Pix will try to email you first but may phone or send an electronic message to you if you have provided these details and you consent to our so doing.
In respect of ‘Vivid-Pix’ branded Vivid-Pix Property, registering your product indicates that you have informed us of your interest in receiving offers and information from us and from third parties and we will contact you after registration unless you specify that you do not wish to receive such contact by notifying us at privacy@vivid-pix.com <mailto:privacy@vivid-pix.com>. For those who elect to receive such materials from third parties, Vivid-Pix may release personal information to those third parties. Information released may include your name, email address and other information supplied in the Vivid-Pix registration process.
Personal information is also used to provide personalized services to you, such as recommendations.
TRACKING INFORMATION – COOKIES, FLASH COOKIES , CLEAR GIFS, AND IP ADDRESSES
We store and track user information by using “cookies” and clear GIFs, which are also sometimes called web bugs or web beacons. Cookies alone do not tell us your e-mail address or other personal information. However, information provided through cookies may be associated with personal information if you provide this information to us by, for example, registering to use certain Vivid-Pix Properties. A cookie is data sent to your browser from a web server. It is stored on your computer and contains a unique identifier that allows our sites to recognize your computer. If you have an account with Vivid-Pix, a cookie on your computer lets us remember your user name and password so you don’t have to re-enter that information each time you visit the site. Another cookie is a Flash cookie that is embedded in the Adobe Flash Player, which is a web tool that allows rapid development of dynamic content. Adobe Flash cookies may be used in certain situations where we use Flash to provide some content such as video clips or animation and to remember settings, preferences and usage. They are similar to ‘browser’ cookies (as described above) but are managed through a different interface than the one provided by your web browser. The use of cookies is standard on the Internet and you will find they are currently used by many major websites. You can set your web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. We do not require you to use cookies, but please keep in mind that certain features and services will not function properly if you set your browser to refuse cookies.
“Clear GIFs” are very small image files that we may place on web pages and within web-based email newsletters or other communication we send. Clear GIFs let us accurately count the number of users who have visited specific pages and the number of times those pages are accessed. Clear GIFs also let us know how many people opened an email.
We may use cookies, clear GIFs and related tracking technology to collect information such as your browser type, the type of operating system you use, the domain name of your Internet service provider, IP address, pages visited on the site, services used and how you have used them.
We may provide data about our users, traffic patterns, products, services and site information to third-parties (such as vendors, advertisers and our business partners), but we will use reasonable efforts to provide it in a form that does not directly identify you.
Find out how to disable/enable browser cookies by clicking on the “Manage Cookies” section of the Interactive Advertising Bureau website on the following link <http://www.allaboutcookies.org/>. You may access and manage Flash management tools such as flash cookies from Adobe’s web site directly at <http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager06.html>.
Email addresses are used for identification, inviting new friends to Vivid-Pix Properties, general communication, order processing and to send notifications to you. Users may be able to invite friends to join certain Vivid-Pix Properties by sending invitation emails via our automated invitation system. Where permitted by applicable law, Vivid-Pix stores these email addresses so that the respondents may be added to a friend list of the member sending the invitations and to establish relationships between users.
WHICH ORGANIZATIONS ARE COLLECTING THE INFORMATION?
When you provide information to Vivid-Pix, that information is collected and maintained either by Vivid-Pix or by an authorized agent or contractor of Vivid-Pix such as web hosting companies, customer care service providers, and transaction processing service providers, unless specifically stated otherwise at the point of collection.
ADVERTISING
We may use your personal information and non-personal information to serve ads to you via Vivid-Pix Property as well as to provide you with promotions, products and services. We may also use third-party advertising companies and other business partners to serve ads on Vivid-Pix Property and provide you with promotions, products and services. These third-party advertising companies and our business partners may be located throughout the world. These third-party advertising companies and business partners may receive information relating to the advertisements that they serve you including, without limitation, date and time of ad shown, the banner ad that was shown and your IP address and your interactions with such advertisements. These third-party advertising companies and business partners may use cookies, clear GIFs and anonymous information about your visits to Vivid-Pix Property and other websites to measure and improve the effectiveness of their ads, promotions, products and services. This information may also be used for online preference and other targeted marketing purposes. The information received by these third-party advertising companies and business partners is subject to the privacy policies of these third-party advertising companies and business partners. We may be given access to this information by these third-party advertising companies and business partners which we may use for purposes including, without limitation, to better target advertising and content to you and to generate statistics and reports that help us develop our products and services.
With your consent (as indicated when you set up your account) we may make certain information about you (including personal information, where you consent) available to third-party advertising companies and other business partners under agreements between us and those third-party advertising companies and business partners. The third-party advertising companies and business partners will use that information to target advertising to you or provide and market promotions, products and services to you. You may withdraw your consent to our providing your personal information to advertising companies and business partners at any time by adjusting your preferences in the preference page of the relevant Vivid-Pix Property. If you do so we will not provide your personal information from the relevant Vivid-Pix Property to third party advertisers or business partners from the time you opt out. However where permitted by applicable law, we may still provide them with information that does not directly identify you from which they may send you targeted advertisements.
SECURITY
We use commercially reasonable efforts to safeguard the confidentiality of your personal information. However, due to the design of the Internet, ever-changing technology and other factors outside of our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties. We will have no liability for disclosure of personal information due to errors in transmission or unauthorized or unlawful acts of third parties.
You are responsible for the security of your Vivid-Pix user name, ID and password. Please take care when using and storing them.
COMMITMENT TO CHILDRENS’ PRIVACY
Protecting the privacy of children is important to us. For that reason, none of our Vivid-Pix Properties are directed at anyone under 13 and they are not structured specifically to attract anyone under 13. We also do not collect or maintain personal information from those users who we actually know are under 13. Should we learn or be notified that we have collected information from users under the age of 13, we will immediately delete such personal information.
CHANGING YOUR PERSONAL INFORMATION & PREFERENCES
Your Right to Choose
When you register to access certain Vivid-Pix Properties, you can let us know that you do not wish to receive announcements from us by opting out at the time you give us your personal information. You may also later opt out of providing us personal identifiable information by changing your preferences in the set up areas of the Vivid-Pix Properties or changing the necessary settings in your profile. If you opt out or do not provide your personal information then some services and features (such as personal information services, recommendations and tracking of ratings and likes and dislikes) may not be available to you or may be deleted. All newsletters and email announcements from us will contain an unsubscribe link that also allows you to opt out at any time from these messages.
Review and Correction
You may review and update the personal information that you have provided us by visiting the relevant set up page of the Vivid-Pix Property and updating your account profile.
OTHER DISCLOSURE OF PERSONAL INFORMATION
We will not otherwise use or disclose your personal information without your consent except:
1. As described in this privacy policy,
2. As required by court order or other government or law enforcement authorities in order to comply with legal process or law,
3. In the event of a merger where another company has acquired the relevant Vivid-Pix Property,
4. In order to protect against the misuse or unauthorized use of Vivid-Pix Property,
5. In order to protect and defend our rights and property, or
6. In order to protect the personal safety or property of our users or the public.
If Vivid-Pix sells assets (or the assets of a division or subsidiary) to another entity, including, without limitation, in the event of bankruptcy, or if Vivid-Pix (or a division or subsidiary) is acquired by, or merged with, another entity, Vivid-Pix may provide to such entity user information (both anonymised and/or aggregate and personal information) that is related to that part of the business that was sold to or merged with the other entity.
Links to Third Party Websites
Vivid-Pix Properties may display links to websites operated by third parties. If you click on a link, the relevant third party operator or others may collect data about you when you visit the linked website. They are responsible for the collection and further processing of such data and we have no control over it. We advise you to check the terms of use and privacy policies of any linked websites you visit to find out what data they are collecting and the purposes for which they process your personal data.
OVERSEAS TRANSFERS AND PROCESSING OF YOUR INFORMATION
Your personal information may be used by us and our affiliates, subsidiaries and our suppliers who may be located in countries outside the country where you are located or the purposes outlined in this policy to manage Vivid-Pix ‘s global business. The data protection laws in these countries may not offer the same level of protection as those in the country where you are located. By providing your personal information to us you understand and expressly consent to us and our suppliers processing your data in any jurisdiction, including without limitation the United States of America, in accordance with this privacy policy.
YOUR CONSENT
BY USING ANY VIVID-PIX PROPERTIES, YOU ARE CONSENTING TO THE COLLECTION AND USE OF YOUR INFORMATION DESCRIBED IN THIS PRIVACY POLICY AND YOU ACCEPT AND AGREE TO THIS PRIVACY POLICY.
YOUR RIGHTS
Your European Privacy Rights. If you are located in Europe, some of the data that we process may be protected by data protection laws such as, in the United Kingdom, the Data Protection Act 1998 (the “Act”). Under the Act, you have certain rights to request information about, get access to or request the amendment of any such personal data. If you wish to exercise these rights, please contact us at privacy@vivid-pix.com <mailto:privacy@vivid-pix.com>. Please see the UK Information Commissioner’s Office website at: <http://www.ico.gov.uk/> for further details.
Your California Privacy Rights. If you are a resident of the State of California, we provide you in this Privacy Policy with information on how to exercise your disclosure choice options such as your right to opt-out (or “unsubscribe”) of our use and sharing of your Personal Information for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at privacy@vivid-pix.com <mailto:privacy@vivid-pix.com>. All requests must be labeled “Your California Privacy Rights” in the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We are unable to accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Inquiries
If you have any concern about privacy at Vivid-Pix, please send us a thorough description of your concern to privacy@vivid-pix.com <mailto:privacy@vivid-pix.com> or the address above, and we will try to resolve it.
This privacy policy was last updated on: May, 2018.