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THIS WEBSITE IS COMPOSED OF VARIOUS WEB PAGES OPERATED BY FOR IDEMIA IDENTITY & SECURITY USA LLC (IDEMIA). “WEBSITE” IS DEFINED TO INCLUDE na.idemia.com AND ALL OTHER WEB PAGES OPERATED OR HOSTED BY IDEMIA IDENTITY & SECURITY USA LLC.
THE IDEMIA WEBSITE IS OFFERED TO USERS CONDITIONED ON ACCEPTANCE OF THESE TERMS OF USE (TERMS) WITHOUT MODIFICATION. USE AND ACCESS OF THE IDEMIA WEBSITE CONSTITUTES AGREEMENT TO ALL SUCH TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN, AS MODIFIED FROM TIME TO TIME.
1. License Grant
Subject to User’s compliance with these Terms, IDEMIA hereby grants to User a personal, non-sublicenseable, non-transferable, and non-exclusive terminable license to use the Website solely (i) for User’s personal use, and (ii) in accordance with these Terms. All rights relating to the Website that are not expressly granted in these Terms, whether now existing or which may hereafter come into existence are reserved by IDEMIA. User shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trademark notices) which may be affixed to or contained within the Website.
2. Use of the IDEMIA Website, Content, Trademarks, Ownership, License Restrictions
2.1 IDEMIA reserves the right to disclose aggregated data, or information or statements it publishes without attribution to any identifiable individual, or specific data or statements that a User separately and specifically agrees IDEMIA can share with the larger public or media, without infringing upon the User’s confidentiality.
2.2 The trademarks, service marks, and logos (the “Trademarks”) of IDEMIA that are used and displayed in connection with the Website are registered and unregistered trademarks or service marks of IDEMIA, its licensors or partners or those of third parties. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any rights to use any Trademark displayed in connection with the Website without the prior written consent of IDEMIA for each such use. The Trademarks may not be used to disparage IDEMIA or the applicable third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without IDEMIA’s prior written consent. All goodwill generated from the use of any IDEMIA owned Trademark shall inure to IDEMIA’s sole benefit.
2.3 IDEMIA reserves, and User hereby acknowledges and agrees to, the reservation by IDEMIA (or its licensors) all ownership right, title, and interest in and to the Website and the intellectual property rights in and to the Website, including all right, title, and interest in and to any derivative works, translations, or any other modifications thereof.
2.4 As a condition of User’s use of the IDEMIA Website, User warrants that he/she will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Website in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
2.5 The Website contains proprietary intellectual property rights belonging to IDEMIA and its third party licensors. User shall not directly or indirectly: (a) copy the Website; (b) transfer, sublicense, resell, distribute, publicly display, or publicly perform the Website, or any copy thereof, either in whole or in part, by any means whatsoever, or otherwise make it available for use by others in any sharing, service bureau, or similar arrangement; (c) modify, decompile, disassemble, decrypt, extract, reverse engineer or reverse compile the Website, or otherwise attempt to discover or derive the source code, confidential algorithms or techniques incorporated in the Website, or disclose or use any confidential information of IDEMIA in any manner; (d) prepare derivative works based on the Website or any part thereof; or (e) circumvent, disable, or otherwise interfere with security-related features in the Website. User may not use the Website in any manner which could damage, disable, overburden, or impair IDEMIA’s system, services, or servers. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
3. Links to Third Party Sites, Advertising
The Website may contain information about, links to, and/or advertisements for web sites operated by third parties (the “Third Party Sites”). The information provided in and about the Third Party Sites is provided for User’s convenience only and IDEMIA does not make any representations regarding the content or accuracy of the Third Party Sites. IDEMIA does not control such Third Party Sites and is not responsible for the content and performance of these Third Party Sites and/or for any transactions Users may choose to conduct with the operators of any Third Party Sites. IDEMIA is not responsible for, and hereby disclaims all liability for, the contents of any Third Party Sites, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. IDEMIA is not responsible for webcasting or any other form of transmission received from any Third Party Site. IDEMIA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IDEMIA of the site or any association with its operators.
4. DISCLAIMER OF WARRANTIES
4.1 IDEMIA, ITS AFFILIATES AND LICENSORS (COLLECTIVELY, THE “IDEMIA PARTIES”) MAKE NO WARRANTIES TO LICENSEE ABOUT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE IDEMIA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO USER THROUGH THE WEBSITE, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. USER AGREES THAT USE OF THE WEBSITE AND THE CONTENT IS AT USER’S OWN RISK. THE IDEMIA PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE IDEMIA PARTIES ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGES RELATED TO OR ARISING FROM USER’S USE OF THE WEBSITE. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE IDEMIA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4.2 The text, graphics, images, reports, charts, graphics, data, and data files made available through the Website (collectively, the “Content”) is presented in a summary fashion, and is intended to be used for educational and informational purposes only, and nothing in the Website is intended to constitute professional legal advice.
5. Consent to Data Use: Privacy
These Terms are subject to the IDEMIA Privacy Statement (the “Privacy Statement”). IDEMIA will use a User’s personal information (“Information”) only for the purposes outlined in the Privacy Statement. Pursuant to the Privacy Statement IDEMIA may anonymously track, collect, and report technical data and information that does not personally identify User, including, without limitation and as applicable, information relating to User’s device and User’s use of the Website, to assist us in improving our products and providing User and other users with updates, support, and other services. User hereby consents to User’s use of this information for these purposes. Through this Website, User may have the ability to share certain personally identifiable information or other sensitive information (“Information”) with Relying Parties or other third parties. Information that may be shared by User with others through these or other means is shared by User at User’s own risk. Relying Parties or other third parties who may receive any information from User are not subject to the Privacy Statement; however, they may have their own privacy policy and terms and conditions that will apply to User and such information. User is solely responsible and liable for obtaining all necessary rights and permissions to use any Data with the Website. BY ACCEPTING THESE TERMS AND DOWNLOADING THE WEBSITE, USER HEREBY REPRESENTS AND WARRANTS THAT IT HAS ALL NECESSARY PERMISSIONS, RIGHTS, AND AUTHORITY TO USE THE DATA AND PERSONAL INFORMATION PROVIDED, AND SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS IDEMIA FROM ALL LIABILITY FOR BREACH OF THIS REPRESENTATION AND WARRANTY.
6. Limitation of Liability
IN NO EVENT SHALL ANY OF THE IDEMIA PARTIES BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH IDEMIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to User. IN SUCH STATES, THE LIABILITY OF THE IDEMIA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Term and Termination
These Terms are effective until terminated by IDEMIA or User. IDEMIA reserves the right, in its sole discretion, to terminate your access to the IDEMIA Website and related services or any portion thereof at any time, for any reason or no reason, without notice. User’s rights under these Terms will terminate automatically without notice if User fails to comply with any term or condition of these Terms. Sections 2, 4, 6, 7, 9, 10, 11, and 12 shall survive the termination.
8. User Must Comply with Applicable Laws
User may not use or otherwise export or re-export the Website except as authorized by United States law and the laws of the jurisdiction in which the Website was obtained. In particular, but without limitation, the Website may not be exported or re-exported (a) into any U.S.-embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other U.S. Government list of prohibited or restricted parties. By using the Website, User represents and warrants that User is not located in any such country or on any such list. User also agrees that User will not use the Website for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
9. International users
IDEMIA makes no claims regarding access or use of the Website or content outside of the United States. If User uses or accesses the Website or content outside of the United States, User is responsible for compliance with the laws and regulations of User’s jurisdiction as well as these Terms of Use.
10. Third Party Licensors – Intended Third Party Beneficiaries
Portions of the Website may include certain content owned by and licensed from third parties. User acknowledges and agrees that such third party licensors are intended third party beneficiaries under these Terms. Accordingly, in the event of any breach of these Terms by User that would violate any agreement between IDEMIA and such third party licensors, such third party licensor shall have an independent cause of action and standing against User for breach of such Terms.
11. Communication Services
The Website may contain communication services such as bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities to enable Users’ communication with other individuals, groups or the public at large. Users agree to use these communication services only for proper purpose and relevant to the Website. Users using such communication services on the Website must be eighteen (18) years of age or older. By using the Website, User represents that he/she is at least eighteen (18) years of age, or has the consent of a parent or legal guardian, and is a resident of the United States of America.
By way of example, and not as a limitation, Users agree that when using a Communication Service, he/she will not:
IDEMIA has no obligation to monitor the Communication Services. IDEMIA cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.
12. Miscellaneous.
12.1 These Terms are governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws provisions.
12.2 All disputes arising in connection with these Terms, which disputes have not been settled by mutual and amicable agreement, shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in effect as of the date first above written (the “AAA Rules”). Any such arbitration shall take place exclusively in the English language in the City of Reston, Virginia. The arbitration panel will consist of one arbitrator, appointed upon the mutual agreement of the parties, acting reasonably, or the AAA Rules if the parties are unable to mutually agree upon the arbitrator. Each party shall bear its own expenses and shall share equally in arbitrator’s fees and related expenses, provided that once an arbitration judgment is entered, the prevailing party shall be entitled to recover reasonable attorneys’ and/or expert fees and related costs as damages. An award granted by the arbitrators will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or pleaded to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the arbitral award will be charged against the party that unsuccessfully resists its enforcement.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
12.3 If any provision of these Terms is found to be invalid by an arbitrator or any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of IDEMIA to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against IDEMIA unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
12.4 These Terms constitute the entire agreement between User and IDEMIA with respect to the Website, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and shall not be given any legal import.
12.5 These Terms will inure to the benefit of IDEMIA’s successors and assigns. IDEMIA is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that User may use.
12.6 User may direct any questions, complaints, or claims with respect to the Website to us at
COPYRIGHT NOTICES:
All contents of the IDEMIA Software and related services are: Copyright © 2021 by IDEMIA Identity & Security USA LLC. All rights reserved.
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