Ofoto would like to invite you to participate in its Beta Testing Program. Beta Testers provide a valuable service to Ofoto by providing feedback concerning new unreleased products, features and services that Ofoto may offer through its World Wide Web site located at www.ofoto.com.
Participation on the Beta Testing Program is subject to the terms and conditions of this agreement. Please review this agreement carefully, as it constitutes a legally binding agreement between you and Ofoto. If you would like to participate on the Beta Testing Program and the terms of this agreement are acceptable, please click on the “Agree” button.
1. Feedback Procedures. You will provide your feedback in the form and format requested by Ofoto. The request will include instructions on how to complete the feedback process. Ofoto will also provide you with access to particular pages of its web site, or to particular software, as needed to allow you to provide the requested feedback. You acknowledge that your participation in this program is voluntary and that Ofoto is free to use your suggestions (or not) as it chooses with no compensation to you.
2. Confidentiality. You acknowledge that any information concerning unreleased product, service, or software is proprietary to Ofoto and is entrusted to you only for the purpose of giving feedback to Ofoto as described in this agreement. You must treat the information delivered to you under this agreement in the strictest confidence and must not disclose any part of such information to anyone, including, but not limited to, any other company or online service provider offering digital photographic printing, online photo storage or online photo sharing services.
3. Ownership. For purposes of this agreement, Ofoto owns its web site, and any and all materials, products and services provided to you under this agreement and all related intellectual property rights. Ofoto expressly reserves all such rights. You are not entitled to: sell, rent or transfer any such materials, products or services under any circumstances; copy any portion of Ofoto's web site, or any of its products, services or related documentation, except as expressly instructed by Ofoto; reverse engineer, decompile or disassemble any software provided to you by Ofoto.
4. Disclaimer of Warranty. You understand and acknowledge that any products or services provided to you under this agreement are test products only and their accuracy and reliability are not guaranteed. Owing to their experimental nature, you are advised not to rely on any of the products or services for any reason. You hereby waive any and all claims you may have against Ofoto arising out of the performance or nonperformance of any product or service provided to you under this agreement. ALL MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS." OFOTO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH MATERIALS PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability. OFOTO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF ANY MATERIALS, PRODUCT OR SERVICE PROVIDED TO YOU UNDER THIS AGREEMENT.
6. General. This agreement is personal to you. You are not entitled to assign or otherwise transfer any rights or obligations under this agreement. This agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise or condition not explicitly set forth in this agreement will not be binding on either party. All additions or modifications to this agreement must be made in writing and must be signed by both parties to be effective. This agreement is made under, and will be construed according to, the laws of the State of California.