Archroma Terms of Use


Copyright © 2017 Archroma. Users of this site agree to be bound by Archroma’s Web Site Rules and Regulations.


Archroma Management GmbH, its subsidiaries and affiliates (“Archroma”) requires that all visitors and customers to our website(s) (“Site”) agrees and comply with our rules and regulations. By accessing our Site, you have accept our terms and conditions as follow:




Acceptance of Terms


The products and services that Archroma provides to you are subject to the following Terms of Use and our General Terms & Condition of Sales (“TOU”). Archroma reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the hypertext link located at the bottom of our Web pages.


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Trademark & Copyright Notices


Unless otherwise noted, all names, logos and marks appearing herein, including Archroma®, Archroma Life Enhanced®, Color Atlas by Archroma ®, the Archroma Logo and Everhue ®, are internationally registered trademarks of Archroma IP GmbH or its affiliates. The N Logo is a registered trademark of NFC Forum, Inc., licensed for use to Archroma or its affiliates. Any use of these marks without written authorization is strictly prohibited.


All content, including text, data, product information, graphics, logos, and images, is owned by Archroma and protected by U.S. and international copyright laws. Reproduction, modification, distribution, transmission, republication, or display of the content is strictly prohibited.


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Description of Services


Through its network of Web properties, Archroma provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively “Services“). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.


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Member Account, Password, and Security


If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Archroma immediately of any unauthorized use of your account or any other breach of security. Archroma will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Archroma or another party due to someone else using your account or password. You must not share your account details with anyone or use anyone else's account at any time.


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No Unlawful or Prohibited Use


As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Archroma server, or the network(s) connected to any Archroma server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Archroma server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.


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Use of Services


The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
  4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  10. Restrict or inhibit any other user from using and enjoying the Communication Services.
  11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  12. Harvest or otherwise collect information about others, including e-mail addresses.
  13. Violate any applicable laws or regulations.
  14. Create a false identity for the purpose of misleading others.
  15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Archroma has no obligation to monitor the Communication Services. However, Archroma reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Archroma reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.


Archroma reserves the right at all times to disclose any information as Archroma deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Archroma's sole discretion.


Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Archroma does not control or endorse the content, messages or information found in any Communication Services and, therefore, Archroma specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Archroma spokespersons, and their views do not necessarily reflect those of Archroma.


Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download/use the materials.


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Materials Provided to Archroma or Posted at Any Archroma Website


Archroma does not claim ownership of the materials you provide to Archroma (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Archroma, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Archroma Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.


No compensation will be paid with respect to the use of your Submission, as provided herein. Archroma is under no obligation to post or use any Submission you may provide and Archroma may remove any Submission at any time in its sole discretion.


By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.


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Notice Specific to Software Available on this Website


Any software that is made available to download/use from the Services (“Software”) is the copyrighted work of Archroma and/or its suppliers. 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 (“License Agreement”). An end user will be unable to install/use any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Archroma.


The Software is made available for download/use solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.


THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ARCHROMA CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, ARCHROMA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD/USE. ARCHROMA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN ARCHROMA SOFTWARE PRODUCTS.


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Notice Specific to Documents Available on this Website


Permission to use Documents (including but not limited to white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


Documents specified above do not include the design or layout of the Archroma website or any other Archroma owned, operated, licensed or controlled site. Elements of Archroma websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Archroma website may be copied or retransmitted unless expressly permitted by Archroma.


ARCHROMA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARCHROMA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ARCHROMA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.


THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARCHROMA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.


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Notices Regarding Software, Documents, and Services Available on this Website


IN NO EVENT SHALL ARCHROMA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.


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Personal and Non-Commercial Use Limitation


Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.


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Color Disclaimer


Due to the limitations of desktop scanners and the relative inconsistencies of various display monitors, the colors you see on your screen may not be a totally accurate reproduction of the actual product. We strive to make our colors as accurate as possible, but screen images are intended as a guide only and should not be relied upon for any reason as absolutely correct.


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Links


Not every other Web site that contains a link to our Web site has been reviewed beforehand by Archroma. We are not responsible for the content of any of these third-party Web sites. If you wish to link your Web site to our Archroma Web site, you are allowed to link directly to our home page. Every link to a page other than our home page needs the prior written consent of Archroma.


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Cookies


Archroma reserves the right to store information on your computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect your preferences. You also have the option to configure your Internet browser to erase all cookies from your computer's hard drive, block all cookies or receive a warning before cookies are stored.


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Security


As a provider of a publicly available electronic communications service, Archroma takes appropriate technical and organizational measures to safeguard security of its services, if necessary in conjunction with the provider of the public communications network with respect to network security. We do not intend to market or sell personal data about you to third parties.


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Transmission of Personal Data


You acknowledge and agree that by providing Archroma with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information over international borders as necessary.


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Interception


Archroma prohibits listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorized to do so by law.


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Business practice


Archroma is authorized to record communications and the related traffic data when they are carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication unless you voluntarily choose to provide us with it (e.g., by registration, survey).


Traffic data relating to subscribers and users processed and stored by the Archroma network or a publicly available electronic communications service will be erased or made anonymous when it is no longer needed for the purpose of transmitting a communication.


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Indemnity


You agree to indemnify and hold Archroma, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Archroma by any third party due to or arising out of or in connection with your use of Archroma’s products and services, including this website.


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Limitation of Liability


The following provisions set out the entire financial liability of Archroma (including any liability for the acts or omissions of its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates) to you in respect of: (i) any breach of Archroma's obligations howsoever arising; and/or (ii) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising in connection with your use of Archroma’s products and services, including this website.


Archroma shall not in any circumstances be liable, whether in tort (including for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for loss of profits, or loss of business, or depletion of goodwill or similar losses, or loss of anticipated savings or loss of goods, or loss of use, or loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.


Archroma’s total aggregate liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with your use of Archroma’s products and services, including this website, shall in all circumstances be limited to the amount actually paid by you to Archroma for products or services supplied to you in the 12 months preceding the date on which the claim arose.


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Eco Label Disclaimer


This information corresponds to the present state of our knowledge and is intended as a general description of our products and their possible applications. Archroma makes no warranties, express or implied, as to the information’s accuracy, adequacy, sufficiency or freedom from defect and assumes no liability in connection with any use of this information. Any user of this product is responsible for determining the suitability of Archroma's products for its particular application. Nothing included in this information waives any of Archroma’s General Terms and Conditions of Sale, which control any purchase unless it agrees otherwise in writing. Any existing intellectual/industrial property rights must be observed. Due to possible changes in our products and applicable national and international regulations and laws, the status of our products could change. Material Safety Data Sheets providing safety precautions, that should be observed when handling or storing Archroma products, are available upon request and are provided in compliance with applicable law. You should obtain and review the applicable Material Safety Data Sheet information before handling any of these products. For additional information, please contact Archroma.


Archroma shall not in any circumstances be liable, whether in tort (including for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for loss of profits, or loss of business, or depletion of goodwill or similar losses, or loss of anticipated savings or loss of goods, or loss of use, or loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.


٭ For sales to customers located within the United States and Canada the following applies in addition: NO EXPRESS OR IMPLIED WARRANTY IS MADE OF THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY PRODUCT OR SERVICE.


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Governing Law


The term of use of this Sites shall be governed by Swiss Laws and any dispute arising shall be subject to the exclusive jurisdiction of Basel, Switzerland.


General Copyright Notice. © 2017 Archroma. All rights Reserved.


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