TERMS
OF SERVICES
Application
Site for Smart Operation Panel
THE FOLLOWING TERMS AND CONDITIONS ARE A LEGAL
AGREEMENT BETWEEN ANY PERSON AND/OR ENTITY USING THE SERVICES (“YOU”) AND RICOH
COMPANY LTD. (“RICOH”). BY CLICKING
ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF SERVICE, AGREE TO ALL THE TERMS AND CONDITIONS HEREIN, AND
CONSENT TO BE BOUND BY AND BECOME A PARTY HERETO.
1. Service.
This Terms of
Services is to set forth the terms and conditions concerning use of the
“Application Site for Smart Operation Panel” for RICOH’s MFP / printer provided
by RICOH (“Service”) which is an
application downloading website for Smart Operation Panel that enable customers
to install and update applications by themselves. By using the Service, you can browse
application lists which can be downloaded, view detail information of
applications, confirm applications installed in your MFP / printer, install /
uninstall / update applications and update firmware on the Smart Operation
Panel of the MFP / printer.
2. Costs.
In using the Service, you shall bear all costs and expenses for network
connection.
3. Support.
In using an application provided by the Service, you shall comply with
the terms of use of such application.
Support of each application will be provided by its developer /
licensor.
4. Customer’s
Information.
Upon RICOH’s request, you shall provide RICOH with such information
necessary for providing the Service by RICOH to reasonable extent.
You acknowledge and agree that RICOH may obtain from your MFP / printer
its device information (serial number, product ID, region code, extension code,
etc.) and operation log information.
When you view one of our Sites, we, or one of our third party service
providers, may store data on your device in the form of a "cookie" to
automatically recognize your PC next time you visit. Cookies can help us in
many ways, for example, by allowing us to tailor a Web site to better match
your interests or to store your password to save you having to re-enter it each
time. If you prefer not to receive cookies while browsing our Site, you can set
your browser to warn you before accepting cookies and refuse the cookie when
your browser alerts you to its presence. You can also refuse all cookies by
turning them off in your browser, although you may not be able to take full
advantage of the Service if you do so.
RICOH shall not provide any information obtained from you to any third
party other than RICOH Group companies.
5. Disclaimer
of Warranties & Limitation of Liability.
You acknowledge that there are risks inherent in Internet connectivity
that could result in the loss of your privacy and property.
THE SERVICE, THE
RELEVANT PROGRAMS AND ALL RELATED SERVICES ARE PROVIDED "AS IS" WITH
NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW,
RICOH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, UPTIME,
AVAILABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. RICOH DOES NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SERVICE WILL BE SECURE, PRIVATE, UNINTERRUPTED OR
ERROR-FREE, THAT THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT THE SERVICE WILL FUNCTION OR OPERATE IN CONJUNCTION
WITH ANY OTHER PRODUCT OR SHALL MEET YOUR NEEDS. RICOH DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF ANY FUNCTIONALITY OR APPLICATIONS PROVIDED BY THE SERVICE.
TO THE FULLEST
EXTENT ALLOWED BY LAW, RICOH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS OR LOST BUSINESS, COST OF CAPITAL,
COST OF SUBSTITUTE GOODS, FACILITIES, SERVICE OR REPLACEMENT SERVICE, OR
DOWNTIME COSTS, OR LOSS OR DESTRUCTION OF CONTENT OR DATA) ARISING OUT OF (I)
THE USE OF OR INABILITY TO USE THE SERVICE, (II) ANY TRANSACTION OR
TRANSMISSION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE, (III) ANY CLAIM
ATTRIBUTABLE TO DEFECTS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
CONTENT, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF RICOH HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS,
WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
6. Security.
The Services utilize the public Internet and
third party networks, and you acknowledge that no provider can absolutely
prevent intrusions or interception of data, or guaranty security of information
transmitted or accessed over the Internet, or maintained on remote servers. You
are solely responsible for the security of your own networks and computers
including but not limited to selection and maintenance of any anti-virus,
security or fraud prevention technology and such configurations you may deem
necessary.
7. Discontinuation
& Change of the Service.
RICOH may, at its
sole discretion, discontinue providing the Service at any time and change the
contents of the Service without prior notice.
8. Service
Misuse.
You agree and
covenant that you will not use the Service for any unlawful purpose. Without limiting the foregoing, you
agree that you will not use the Service: (i) to disseminate any content or
material that is harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, pornographic, libellous, or otherwise objectionable
under applicable laws or community standards; (ii) to disseminate any software
viruses or any other computer code, files or programs that may harm, interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; (iii) to upload, transmit or post any data or
files that you do not have the right to transmit or that would infringe the
intellectual property rights or proprietary rights, or rights of publicity or
privacy, of any third party; (iv) to facilitate sending unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (v) to use the Service in a manner
that enables you to disrupt or place an undue burden or demand on the Service
or the servers or networks involved with the operation thereof; (vi) use the
Service to cause or intend to cause embarrassment or distress to, or to
threaten, harass or invade the privacy of any third party or (vii) to use the
Service in any way that is illegal or violates any local, state, national or
foreign law, ordinance, rule or regulation (collectively, a “Service Misuse”).
If it turns out that you commit
any Service Misuse, RICOH may forthwith suspend to provide whole or a part of
the Service. You shall be solely
responsible for any damage to any party resulting from any Service Misuse by
you.
9. Suspension
of the Service.
RICOH is entitled, without any liability to
you, to suspend or limit access to the Service at any time: (i) for scheduled
downtime to permit RICOH to conduct maintenance or make modifications to the
Service, (ii) in the event of a denial of service attack or other attack on the
Service or other event that RICOH determines, in RICOH’s sole discretion, may
create a risk to the Service, to RICOH or to any of RICOH’s other customers if
the Service were not suspended, (iii) in the event of trouble or defect of the
facilities necessary for providing the Service, (iv) in the event of suspension
of the telecommunication service by telecommunication service providers with
whom RICOH is tied up for providing the Service, or (v) in the event of failure
to provide the Service due to causes beyond its reasonable control, including
but not limited to act of God, man-made or natural disasters, war, riot,
terrorist acts, strikes. RICOH will
take reasonable steps to minimize such disruption where it is within the
reasonable control of RICOH. YOU AGREE THAT RICOH SHALL NOT BE LIABLE
FOR ANY INTERRUPTION, OUTAGE, UNAVAILABILITY OR SUSPENSION OF THE SERVICE.
10. Prohibition
on the link.
You shall not post the link to the
application downloading website for Smart Operation Panel.
11. Amendments
of this Terms of Service.
RICOH may amend this Terms of Service from
time to time without prior notice to you. The amended Terms of Service will be
posted on the application downloading site for Smart Operation Panel. If there are discrepancies between the
amended Terms of Service and this Terms of Service, the amended Terms of
Service shall prevail. Your
continued use of the Service after the effective date of such amendments shall
constitute your acceptance of such amendments.
12. Governing
Law and Jurisdiction.
The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this Agreement. The
governing law and jurisdiction for this Agreement will depend upon where You
apply for the use of the Service to the Contractor:
(a) if You apply for the use of the Service in
the Americas, this Agreement shall be deemed made under the laws of the State
of New York, USA, excluding the choice of law and conflict of law provisions,
and any claim against RICOH may be enforced or disputed only and exclusively in
the courts of the State of New York,
(b) if You apply for the use of the Service in
Europe, the Middle East or Africa, this Agreement shall be deemed made under
the laws of England, excluding the choice of law and conflict of law
provisions, and any claim against RICOH may be enforced or disputed only and
exclusively in the courts of England,
(c) if You apply for the use of the Service in
Asia and Oceania, this Agreement shall be deemed made under the laws of Singapore,
excluding the choice of law and conflict of law provisions, and any claim
against RICOH may be enforced or disputed only and exclusively in the courts of
Singapore.
To the extent permitted by local law, the
parties hereto waive any right they may have to trial by jury.