Terms and conditions
PART I – General
Welcome to Profoto. We are glad that you are using our website and the various services offered here.
These terms and conditions are applicable to your access and use of Profoto Aktiebolag AB’s (“Profoto”) website located at www.profoto.com, subdomains, subdirectories and all associated sites liked to www.profoto.com by Profoto, its subsidiaries and affiliates, including Profoto websites around the world (collectively the “Website”). These terms and conditions are also applicable to all services offered on the Website.
Our terms and conditions may be changed from time to time upon our sole discretion and you are obligated to keep yourself updated on any changes. If you continue to use the Website and the services offered here after any such changes, you agree to be bound by the same.
If you are using our website and the services provided here on behalf of an organization or a company, you represent that you are authorized to sign and enter a binding agreement on behalf of such organization or company and to make them bound by these terms and conditions.
You must be at least 18 (or of legal age) to be able to use the services offered on our Website.
You must keep all information you have provided during your use of the Website and services true, up to date and complete if you are using any of the services.
If you do not agree to these terms and conditions, do not use the Profoto Website and the services offered here.
PART II – Access and use of Website
Access to Website
You will be able to access this Website without having to register any details with us. However, some services offered on the Website will only be accessible if you have registered with us.
We take all reasonable steps to ensure our Website and the services here are available without interruptions. However, the Website may encounter downtime due to server and other technical issues. Further, we cannot promise that access to the services will be uninterrupted or error free. Therefore, Profoto will not be liable if the Website or the services provided here are unavailable. If Profoto knows of any temporary unavailability, due to for example maintenance or similar, we will try to give our users advance warnings hereof but we are not obliged to do so.
Use of Website
This Website is to be used by you for your personal use only. Commercial use of this Website is strictly prohibited unless prior written consent from Profoto has been obtained.
Profoto may refuse to accept your request to use any of the services provided on the Website for any reason in our discretion.
You agree that you may not: (i) use the Website or any content (as defined below under Proprietary Rights Information) for any purpose that is unlawful or prohibited by these terms and conditions, 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 website or any content; (iii) attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Profoto server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means; (iv) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the website; (v) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, 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 Website or any transaction being conducted on the Website, or with any other person’s use of the Website; (vii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Profoto’s systems or networks, or any systems or networks connected to the Website 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 Website design, structure, selection, coordination, expression, “look and feel” and arrangement of Content, contained on the Website 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 and conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any other way (including mirroring) to any other computer, server, website 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 Website, 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 Website is the copyrighted work of Profoto and/or its various third party licensors. Your use of such 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 Website (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 Website, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest,
- a description of the copyrighted work or other intellectual property that you claim has been infringed,
- a description of where the material that you claim is infringing is located on the Website,
- your address, telephone number, and e-mail address,
- 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
- 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:
c/o Legal Department
SE-172 25 Sundbyberg
Accounts, passwords and security
Certain features or services offered on or through the Website 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 all activity that occurs under your account because 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 Website due to someone else using your Profoto ID, password or account because 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.
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 Website 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.
Exclusion of warranty and limitation of liability
You agree that you use this Website at your own risk. The Website 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 Website or any of the services offered here.