Terms and Conditions - Use of This Site

These Terms and Conditions of Use (the “Terms of Use”) apply to Profoto Aktiebolag AB’s (“Profoto”) web-site located at www.profoto.com, subdomains, subdirectories and all associated sites linked to www.profoto.com by Profoto, its subsidiaries and affiliates, including Profoto sites around the world (collectively, the “Site”).

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, YOU AGREE TO THESE TERMS OF USE WITHOUT MODIFICATION; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

IN ADDITION, YOU AGREE TO THE TERMS AND CONDITIONS OF THE PROFOTO PRIVACY POLICY, SEE THE FOLLOWING LINK PRIVACY POLICY, WHICH IS HEREBY INCORPORATED INTO THIS AGREEMENT.

Use of the Site

This Site is to be used by you for your personal use only. Commercial use of this Site is strictly prohibited unless prior written consent from Profoto has been obtained.

You agree that you may not: (i) use the Site or any Content (as defined below under Proprietary Rights Information) for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Profoto or others; (ii) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or method, or any similar manual process, to access, acquire, copy or monitor any portion of the Site or any Content; (iii) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Profoto server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means; (iv) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (v) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Profoto, including any Profoto account not owned by you; (vi) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; (vii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Profoto’s systems or networks, or any systems or networks connected to the Site or to Profoto.

Proprietary Rights Information

Content: All text, graphics, photographs, videos, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively: “Content”), including but not limited to Site design, structure, selection, coordination, expression, “look and feel” and arrangement of Content, contained on the Site is owned, controlled or licensed by or to Profoto and is protected by copyright, design, patent and trademark laws, and other intellectual property rights and unfair competition laws. No license or right to or in any such copyrights, trademarks, patents, designs, trade secrets, products or other proprietary rights of Profoto and/or other parties is granted to or conferred to you.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publically displayed, translated, transmitted or distributed in any other way (including mirroring) to any other computer, server, Web-site or other medium for publication or distribution or for any commercial enterprise, without a prior written consent from Profoto. You may not use any framing techniques to frame any Profoto trademarks, logos or other proprietary information, nor use any metatags or other hidden text utilizing the Profoto name, trademark or other proprietary information.

You may use information on Profoto products and services (such as data sheets, knowledge base articles, and similar Content), purposely made available by Profoto for downloading from the Site, provided that you: (a) do not remove any proprietary notice language in all copies of such documents; (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (c) make no modifications to any such information; (d) do not make any additional representations or warranties relating to such documents.

Software: Any software that is made available to download from this Site is the copyrighted work of Profoto and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software unless you first agree to the applicable license agreement.

Feedback: If you would submit any ideas, comments, suggestions or other information to Profoto in the use of this Site (collectively “Feedback”), you agree that such Feedback shall be deemed Profoto property, which Profoto may use without restrictions for any purpose whatsoever without compensation to you. None of the Feedback shall be subject to any obligation of confidentiality on Profoto’s part.

Procedure for Making Claims of Infringement: Profoto respects the intellectual property rights of others. If you believe that your work, photo or brand or your intellectual property rights have been violated by its exposure on a Profoto Site, please provide us with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest,
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed,
  3. a description of where the material that you claim is infringing is located on the Site,
  4. your address, telephone number, and e-mail address,
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address this letter to Profoto AB, as follows:

Profoto
Attn. Copyright
c/o Legal Department
Landsvägen 57
SE-172 25 Sundbyberg
SWEDEN

Privacy Policy

Profoto’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by reference. To view Profoto’s Privacy Policy, Click Here.

Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Profoto ID and password).

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential.

You agree to notify Profoto immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Profoto or any other user of or visitor to the Site due to someone else using your Profoto ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Profoto ID, password or account at any time without the express permission and consent of the holder of that Profoto ID, password or account. Profoto cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Modification

Profoto may at any time modify these Terms of Use and your continued use of this Site will be conditional on the Terms of Use in force at the time of your use. Accordingly, you acknowledge and agree that you will review these Terms of Use periodically and your continued use of this Site will be deemed as an acceptance of the changed Terms of Use.

Exclusion of Warranty and Limitation of Liability

You agree that you use this Site at your own risk. The Site and the Content is provided on an “as is” basis without warranties of any kind.

In no event, but subject to what is permitted under applicable law, Profoto, its agents, representatives or licensors shall not be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive or otherwise resulting from or in any way connected to your use of this site.

Severability

In the event that any provision is determined to be unenforceable or invalid, such provision shall be enforceable to the extent permitted by applicable law and such determination of the provision shall not affect the validity of any other remaining provisions.

Governing law

Any disputes arising out of or related to this Site shall be governed by and construed and enforced in accordance with the substantive laws of Sweden. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Sweden.