1. Your relationship with HP

1.1 Hewlett-Packard Company ("HP") operates this online service ("CloudPrint"). CloudPrint allows you to print documents using a "virtual printer". Those documents are stored on a server hosted by HP ("in the cloud") that you can access via the service.

1.2 Your use of the CloudPrint software, service, web site, and all associated materials (collectively the "Services") is subject to these Terms of Service (the "Terms"). The Terms constitute a legal agreement between you and HP.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to these Terms. You may not use the Services if you do not accept these Terms.

2.2 You can accept these Terms by either (i) clicking to accept or agree to the Terms, where this option is made available to you by CloudPrint in the user interface for any Service, or (ii) by actually using the Services.

2.3 You may not use the Services and may not accept these Terms if (i) you are not of legal age to form a binding contract with HP, or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.

3. Provision of the Services

3.1 HP is constantly innovating in order to provide the best experience. You agree that the form and nature of the Services which HP provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, HP may stop providing the Services or any features within the Services at HP's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform HP when you stop using the Services.

3.3 If HP disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content contained in your account.

3.4 While the Services may not currently have an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such limits may be set by HP at any time, at HP's discretion.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. Any registration information you give to CloudPrint will always be accurate, correct, and current.

4.2 You will use the Services only for purposes that are permitted by (i) these Terms, and (ii) any applicable law, rule, regulation, or generally accepted practice or guideline.

4.3 You will not access any Service by any means other than through the interface provided by HP, including through any automated means (such as the use of scripts or web crawlers). You will comply with the instructions set out in any robots.txt file present on the Services.

4.4 You will not (i) do anything that interferes with or otherwise disrupts the Services, or with any servers or networks which are connected to the Services, or (ii) reproduce, duplicate, copy, sell, trade, resell, or otherwise transfer the Services.

4.5 You are solely responsible and liable for, and HP has no responsibility or other liability to you or to any third party for, your breach of any Term, including any loss or damage caused thereby.

5. Privacy and your personal information

5.1 You will not access or misuse another user's data. You will use your data only in accordance with HP's applicable policies, including those related to privacy.

6. Content in the Services

6.1 Each originator is responsible for all information that you may access as part of the Services or through your use of the Services (collectively "Content"). Content may include data files, written text, computer software, music, audio files or other sounds, photographs, videos, and other images.

6.2 HP may (but will have no obligation to) screen, review, flag, filter, modify, refuse or remove any Content from any Service. For some Services, HP may provide tools to filter out explicit sexual content.

6.3 You are solely responsible and liable for any Content that you create, transmit, or display while using the Services and for the consequences of your actions, including any loss or damage caused thereby.

7. Proprietary rights

7.1 HP and its licensors own all right, title and interest in and to the Services, including any related intellectual property rights. If the Services contain information which is designated confidential by HP, you will not disclose such information without HP's prior written consent.

7.2 You have no right to use any trade name, service mark, logo, domain name, distinctive brand feature, or other trademark or other proprietary right associated with the Services.

7.3 Other than the limited license set forth in Section 11, HP obtains no right, title or interest from you or your licensors under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights in that Content. You are responsible for protecting and enforcing those rights, and HP has no obligation to do so on your behalf.

7.4 You will not remove, obscure, or otherwise alter any proprietary rights notices, including copyright and trade mark notices, which may be affixed to or otherwise associated with the Services.

7.5 You will not use any service mark, trade name, logo, or other trademark of any company or organization in a way that is likely to cause confusion about the owner or authorized user.

8. License from CloudPrint

8.1 HP grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, and non-exclusive license to use the software provided to you by HP as part of the Services (the "Software"). You may only use the Software as provided to you by HP. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HP, in the manner permitted by these Terms.

8.2 You may not copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless this is expressly permitted or required by law.

8.3 You may not (i) assign or grant a sub-license of your rights to use the Software, (ii) grant a security interest in or over your rights to use the Software, or (iii) otherwise transfer any right to use the Software.

9. Content license from you

9.1 You retain the copyright and any other rights you already hold in Content which you submit, post, or display on or through the Services. By submitting, posting, or displaying Content, you grant HP a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such Content. This license is for the sole purpose of enabling HP to display, distribute, promote, and otherwise operate the Services.

9.2 This license includes a right for HP to make such Content available to other companies, organizations, or individuals with whom HP has relationships for the provision of associated services, and to use such Content in connection with the provision of those services.

9.3 In performing the required technical steps to provide the Services to users, HP may (i) transmit or distribute your Content over various public networks and in various media, and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

9.4 HP may analyze your Content and use of the Services. This analysis may result in the generation of non-personally identifiable data, which may be used in generating advertisements and system usage statistics, as well as for other purposes as deemed reasonably appropriate by HP.

9.5 You confirm and warrant to HP that you have all the rights, power, and authority necessary to grant the above rights.

10. Software updates

10.1 The Software which you use may automatically download and install updates from time to time from HP. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You will receive such updates as part of your use of the Services.

11. Ending your relationship with CloudPrint

11.1 These Terms will continue to apply until terminated by either you or HP.

11.2 If you want to terminate your use of the Services, you may do so by (i) notifying HP at any time, and (ii) closing your accounts for all Services which you use. Your notice will be sent, in writing, to the designated address of HP.

11.3 HP may at any time and for any reason terminate your use of the Services, including if (i) you breach any Term, or act in a manner which shows that you do not intend to, or are unable to, comply with these Terms, (ii) HP is required to do so by law, or (iii) HP chooses to no longer provide the Services to users in the country in which you reside or from which you use the Services.

11.4 When your use of the Services ends, all rights and obligations associated with the Services will also end.

12. EXCLUSION OF WARRANTIES

12.1 THESE TERMS DO NOT EXCLUDE OR LIMIT HP'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND HP'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

12.3 HP, INCLUDING ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR,

(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HP OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12.6 HP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 HP, INCLUDING ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS, WILL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER LOSS;

(B) ANY LOSS OR DAMAGE INCURRED BY YOU, INCLUDING AS A RESULT OF:

(I) ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGE WHICH HP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE SERVICES OR ANY FEATURES WITHIN THE SERVICES;

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; OR,

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

13.2 THE LIMITATIONS ON HP'S LIABILITY TO YOU ABOVE WILL APPLY WHETHER OR NOT HP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES ARISING.

14. Changes to the Terms

14.1 HP may change these Terms from time to time. When changes are made, HP will make a new copy of the Terms available at the Services website.

14.2 If you use the Services after the date on which the Terms have changed, your use will be deemed acceptance of the updated Terms.

15. General terms

15.1 These Terms constitute the entire legal agreement between you and HP and govern your use of the Services.

15.2 HP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

15.3 HP's failure to exercise or enforce any legal right or remedy which is contained in these Terms will not be a waiver of HP's rights.

15.4 These Terms, and your relationship with HP under these Terms, will be governed by the laws of the State of California without regard to its conflict of laws provisions. You and HP submit to the exclusive jurisdiction of the courts located within the County of Santa Clara, California to resolve any legal matter arising from these Terms, although HP may apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction for your breach of these Terms or misuse of the Services.