Use of Software and information provided on the Site
You acknowledge that Freehand reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice. Generally, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, or other types of content) (“Site Information”) is the property of Freehand and/or its suppliers or licensees.
Unless otherwise noted in a particular document, Freehand hereby authorizes you to electronically copy or print in hard copy any document published by Freehand on this Site solely for your internal reference purposes within your organization. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Freehand without prior written approval from Freehand or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Any software available to download from the Site or gain access for use is the copyrighted work of Freehand and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software (“License Agreement”). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement. Any links to other sites are provided solely for your convenience. Such sites are not under the control of Freehand, and Freehand is not responsible for their content, any changes or updates to them, nor the collection of any personal data or information by the operators of such sites.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
DATA and USER PRIVACY Information
In general, people may visit a portion of the Site while remaining relatively anonymous and not revealing any detailed personal information. Use of any services offered on this site requires registration and account set up.
Freehand may use “cookie” technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can use any of the services provided on this Site.
It is important that you provide and maintain a valid email address so that support issues, including questions regarding the use of licenses, can be quickly resolved.
SITE REGISTRATION and USER ID
By creating an Account you are agreeing to allow Freehand and Vendors of licenses to know your account User ID and email address, and to see those licenses that you have from a particular Vendor. Vendors will only be provided access to enable them to determine which licenses for their products reside on your Account, but not any other product licenses you might have from other Vendors.
Freehand intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to freehand or on the Site.
Except for Posted Information or personal information, if you transmit to or otherwise provide to Freehand any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. Freehand shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Freehand, you are deemed to grant to Freehand a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense, utilize, incorporate or otherwise use) any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
You are prohibited from posting or transmitting to the Site or Freehand any unsolicited chain letters or “spam”, or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, Freehand will have no liability related to the content of any such communications.
Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
You are also prohibited from impersonating any individual. A member account or profile must be opened using real names and you hereby agree that all other requested information shall be true, accurate and complete in all respects.
DISCLAIMERS, LIMITATIONS, EXCLUSIONS, INDEMNIFICATION
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREEHAND SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. FREEHAND DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, NO WARRANTY OF ANY KIND OR NATURE IS MADE OR GIVEN BY FREEHAND THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER OR RELATED EQUIPMENT OR ANY OTHER PROPERTY, OR THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREEHAND SPECIFICALLY INFORMS YOU THAT FREEHAND MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
EXCLUSION of DAMAGES and LIMITATION of LIABILITY:
SERVICE TERMS and CONDITIONS:
Freehand’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter, modify or supersede such agreements.
Freehand may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Freehand makes no commitment to update the materials on the Site with respect to such products and services.
All Sales are final. No refunds will be given or exchanges unless an RMA is submitted and approved by Freehand.
PURCHASES and ELECTRONIC LICENSE USE or DOWNLOADS
Using a valid Freehand Account, you can select products to License. At the time of checkout, we will obtain an authorization from the credit card you have provided. Once credit card authorization has been received, you will receive an email indicating the details of your purchase.
PAYMENT and CREDIT CARD INFORMATION
You may pay by credit card. At the time your order is placed, Freehand obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships. Freehand may require the credit card security code for your card for any online purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). Asking for and confirming your credit card’s security code helps validate that you – and only you – are in the possession of your credit card and protects you from unauthorized use of your account.
Freehand is committed to handling your customer information with high standards of information security. Your credit card and bank account information are not stored by Freehand but is passed to a PCI/DSS and GDPR compliant service in a secure manner for validation and completion of the sale. Business records are kept for a reasonable period of time to be compliant with tax laws. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your nonpublic personal information. We test our security systems regularly.
The security of your Account also relies on your protection of your password. You may not share your password with anyone. Freehand will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the licensing.solutionsforscreenprinters.com website.
If you do share your password with a third-party for any reason, including because the third-party has promised to provide you additional services such as account aggregation, the third-party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your Account at and changing your Profile settings.
Purchases will include sales tax based where applicable. Only transactions in New York, New Jersey and Connecticut will include sales tax. The proof of purchase that Freehand mails to you will include any applicable sales tax.
The Site offers you prices on current Freehand products and services. All prices are in US Dollars. Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping charges. Freehand reserves the right to change prices for products displayed on the Site at any time.
Freehand warrants the Product to be substantially free from significant defects in materials and workmanship under normal use for a period of twelve (12) months for 1st Generation Product or twenty-four (24) months for 2nd Generation or later Product from the date of delivery of the Product to you directly from Freehand. In the event of a claim under this warranty, Freehand’s sole obligation is to replace or repair, at Freehand’s option after analysis of the Return Merchandise Authorization (RMA) product, any Product free of charge. Any replaced parts shall become Freehand’s property. Freehand shall, in its sole and absolute discretion, make all determinations with respect to the cause of any Product failure and its decision regarding warranty coverage shall be final, binding and conclusive for all purposes.
This non-transferable, limited warranty applies only to you, the first end-user purchaser. The warranty begins on the date of purchase and terminates upon expiration of the warranty period, subject to any failure of the Product as a result of one or more of the following, which shall automatically void the warranty without regard to expiration of the warranty period:
• ACCIDENT, MISUSE, NEGLECT, ABUSE OR FAILURE AND/OR INABILITY TO FOLLOW THE WRITTEN INSTRUCTIONS PROVIDED;
• BY THE USE OF PARTS NOT MANUFACTURED OR SOLD BY FREEHAND;
• BY ANY MODIFICATION OF THE PRODUCT;
• AS A RESULT OF SERVICE, ALTERATION OR REPAIR BY ANY PERSON OR ENTITY OTHER THAN FREEHAND. THIS WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR.
NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, HAS BEEN OR WILL BE MADE BY OR ON BEHALF OF FREEHAND OR BY OPERATION OF LAW WITH RESPECT TO THE PRODUCT OR ITS INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR.
Except as stated above, there is NO OTHER WARRANTY, REPRESENTATION, OR CONDITION REGARDING FREEHAND’S PRODUCTS, SERVICES, OR PERFORMANCE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Freehand is not responsible for any delays beyond its control. Freehand’s entire liability for damages to you or any other party for any cause whatsoever, whether in contract or in tort, including negligence or any other cause of action, shall in no event exceed the greater of (i) the price you paid for the Product or (ii) the price you paid for the Freehand services, which caused the damages or that are the subject matter of, or are directly related to, the cause or causes of action. In no event will Freehand be liable for any damages caused by your failure to perform your obligations, or for any loss of data, profits, savings, or any other consequential and incidental damages, or for any claims by you based on any third-party claim.
Freehand has the exclusive right to replace licenses. The Site will indicate which products are enabled for selected services and Transfer of Ownership. Each specific vendor can provide exact details on the services available with their products. Transfer of ownership does not imply nor guarantee transfer of support services. Please contact the vendor of the software you are using for specific support information.
OTHER TERMS AND CONDITIONS
Freehand is not responsible for typographic errors. Freehand reserves the right to change the Terms and Conditions at any time. All sales are governed by New York State law, without giving effect to its conflict of law provisions. No Freehand employee or agent has the authority to vary any of Freehand’s policies or the Terms and Conditions governing any sale
Freehand offers no money back guarantee for any Downtime of Services nor does Freehand guaranty 100% uptime of the system. Freehand will follow best business practices to ensure that the system is functional and running at all times. Occasionally the system may be offline due to maintenance or circumstances beyond the control of Freehand.
Except as stated above, there is NO OTHER WARRANTY, REPRESENTATION, OR CONDITION REGARDING FREEHAND’S PRODUCTS, SERVICES, OR PERFORMANCE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Freehand is not responsible for any delays beyond its control. Freehand’s entire liability for damages to you or any other party for any cause whatsoever, whether in contract or in tort, including negligence or any other cause of action, shall in no event exceed the greater of (i) the price you paid for the Freehand Product or (ii) the price you paid for the Freehand services, which caused the damages or that are the subject matter of, or are directly related to, the cause or causes of action. In no event will Freehand be liable for any damages caused by your failure to perform your obligations, or for any loss of data, profits, savings, or any other consequential and incidental damages, or for any claims by you based on any third-party claim.
© FREEHAND GRAPHICS, INC.
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