PrimeSense™ Terms of Use

Welcome to www.primesense.com (together with its subdomains, Content, Marks and services, the “Site”).  Please read the following Terms of Use (“Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to PrimeSense, Ltd. (“PrimeSense“, “we“, “our” or “us“).

1.         Consent and Modification.  By accessing or using the Site, including without limitation contributing to or viewing the Content (as defined below), you signify your assent to (i) these Terms; (ii) our Privacy Policy (defined below); and (iii) any other legal notices published by us on the Site (collectively the “Site Terms“).  The Site Terms apply to all users of the Site.  If you do not agree to the Site Terms, then please do not access or otherwise use the Site or any information contained herein.  We reserve the right, at our discretion, to change the Site Terms at any time, which change shall be effective ten (10) days following posting the revised Site Terms on the Site.  Your continued use of the Site ten (10) days following such posting means you will accept those changes.

2.         Ability to Accept Terms.  The Site is not intended for individuals under the age of 18 years.  If you are under 18 years please do not use the Site or register an Account (defined below).  If it comes to our attention through reliable means that a registered user is under the age of 18 years, we may, to the extent applicable, cancel that user’s Account and/or access to the Site.
3.         Site Access and Use.  We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.  We, at our sole discretion, have the right to terminate your access to the Site immediately, with or without cause.  We reserve all rights not expressly granted in and to the Site.
4.         Software.  You acknowledge and agree that (i) any software and related documentation that you may be able to download via the Site (collectively, “Software”) is the copyrighted work of PrimeSense or its licensors; and (ii) your downloading and use of Software is subject to and governed by the terms and conditions of the related software license agreement, which you agree to read prior to downloading or using the Software and abide by (“Software Agreement“).  To the extent of any inconsistency or conflict between these Terms and any Software Agreement, the Software Agreement shall prevail.  Unless the Software is separately referred to herein, all references to the Site shall include the Software.
5.         Account.  In order to use some of the services of the Site, you may have to create an account (“Account“).  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify PrimeSense immediately of any breach of security or unauthorized use of your Account.  As between you and PrimeSense, you are solely responsible and liable for the activity that occurs in connection with your Account.  You may delete your Account at any time by following the options within Site.
6.         Purchases. 

6.1.      Overview.  The Site may include the option to purchase or obtain certain products or services from us (collectively, “Products“), or to submit an online form whereby you request to purchase or obtain certain Products from us (“Product Request Form“).

6.2.      Terms and Conditions of Sale.  Each Product that you purchase or obtain via the Site is subject to its own terms and conditions of sale.  You must not purchase or obtain a Product unless you have first reviewed and agreed to be bound by its terms and conditions of sale, a copy of which is available at: http://www.primesense.com/terms-and-conditions/

6.3.      Product Request Forms.  Any Product Request Form that you submit via the Site is a request for the related Product and is non-binding on PrimeSense.  The Product Request Form should not be construed as an offer of sale, and PrimeSense is not under any obligation to fulfill any such Product request.

6.4.      Third Party Service Providers.  All Product purchases are executed via Shipwire and PayPal, or other third party shipping or payment service providers that we make available for you to use via the Site (each a “Third Party Service Provider“).  If you choose to proceed with a purchase then you: (i) agree to review and be bound by the Third Party Service Provider’s terms of use and privacy policy; and (ii) acknowledge that you may need to hold, or register, an active Third Party Service Provider account (such as a PayPal account) in order to complete a Product purchase.  We are not responsible or liable for any activities or conduct of a Third Party Service Provider, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Third Party Service Provider.

7.         Intellectual Property Rights.  The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of PrimeSense and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  We reserve all rights not expressly granted in and to the Site and the Content.  Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  “PrimeSense”, the PrimeSense logo, “NITE”, “OpenNI”, “Natural Interaction” and other marks are Marks of PrimeSense or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
8.         Disclosure.  We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PrimeSense, its users or the public.
9.         Links.

9.1.         The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by PrimeSense.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release PrimeSense from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

9.2.      PrimeSense permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with PrimeSense or present any false information about PrimeSense and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

10.       Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
11.       Privacy.  We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.primesense.com/privacy-policy/ (“Privacy Policy“).  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
12.       Warranty Disclaimers.

12.1.   This section applies whether or not the services provided under the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  PRIMESENSE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  PRIMESENSE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT PRIMESENSE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

12.2.   EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PRIMESENSE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

13.       Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL PRIMESENSE OR OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO: LOST PROFITS OR REVENUE, LOSS OF DATA, INABILITY TO ACCESS OR USE THE SITE, OR LOSS OF BUSINESS) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF PRIMESENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT PRIMESENSE’S TOTAL LIABILITY FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT (IF ANY) PAID BY YOU TO PRIMESENSE FOR USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS (US$100).  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

14.       Indemnity.  You agree to defend, indemnify and hold harmless PrimeSense and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of the Site Terms.
15.       Term and Termination.  These Terms are effective until terminated by PrimeSense or you.  PrimeSense, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms).  PrimeSense shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.

16.       Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by PrimeSense without restriction or notification to you.

17.       General.  PrimeSense reserves the right to discontinue or modify any aspect of the Site at any time.  The Site Terms and the relationship between you and PrimeSense shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.  You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that PrimeSense may seek injunctive relief in any court of competent jurisdiction.  This Section 17 and Sections 4 (Software), 7 (Intellectual Property Rights), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability) and 14 (Indemnity) shall survive termination of these Terms.  The Site Terms shall constitute the entire agreement between you and PrimeSense concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated:  19 August 2012