Image-Line terms of use


Terms and Conditions for ordering with Image Line

 

These Terms and Conditions apply to your ordering and sales of software products through the website of Image Line and constitute, together with the End User License Agreement you accept before installation of the software product, the agreement between you and Image Line (Image Line BVBA, Kortrijksesteenweg 281, 9830 Sint-Martens-Latem, Belgium, company number 0452.440.860) regarding the software products purchased. You accept these Terms and Conditions by the sole fact of ordering with Image Line.

 

1. Order - Your online order of a software product is subject to acceptance by Image Line. Your order may be refused for any reason.  

 

2. Price - The price for each software product ordered is reflected on your order.
Whilst Image Line endeavors to ensure the prices on its website are accurate, Image Line cannot exclude errors in price indication and reserves the right to correct prices if an error is detected. If a price of a software product you ordered is corrected, you will be informed of the correction by Image Line within 7 days of your order and offered the opportunity to cancel free of any charges the order for said software product. Any amounts already paid will be refunded within thirty days after such cancelation.

 

All prices listed on the website are VAT inclusive, where applicable. You will pay no additional shipping or handling charges.

 

3. Payment - Full payment is due prior to delivery of the software product and the software registration key needed to unlock the software product.

 

4. Delivery - The software product will be delivered by making it and its registration key available for download. After acceptation and processing of your order by Image Line, you will receive the necessary account and registration information by e-mail. You are required to perform the download of the software product before login in onto the registration server for obtaining the registration key. Your logging in onto the registration server confirms the successful download of the software product.

 

5. Registration key  - You are responsible for maintaining the confidentiality of your account information and registration key and are fully responsible for activities that occur therewith. In case your registration key is found to be available or accessible to any third party on any website, ftp site or otherwise, your registration key will be blocked and rendered unusable without any reimbursement or indemnification by Image Line being due, not foreclosing the right of Image Line to claim any damages it may have suffered by your breach of this agreement.

 

6. Cancellation and refund - You have a limited seven day right (counting from the day after you ordered the software product) to cancel the order/agreement, except for the software products for which you already performed a download or are deemed to have performed a download in accordance with paragraph 4. Should you wish to cancel the order/agreement, than you have to inform Image Line thereof within the 7 day period mentioned above using the cancelation form provided at Image Line’s website and certify that no software download was performed. A refund will be provided within 30 days of receipt of the duly executed cancelation form. Cancelation will not be accepted if you download the software product or log in on the registration server after Image Line received your cancelation form.

 

7. Business customers - If you are a business or if the software products are used wholly or in part for business purposes, you do not dispose of the right to cancel the order/agreement as set forth by paragraph 6. In addition to the limitations of liability set forth in paragraph 8, Image Line shall not be liable to you for any business loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of a software product.

 

8. Limitation of liability - Image Line will in no event be liable to you for any incidental, consequential, special or indirect damages. In no event will Image Line’s liability to you ever exceed the total amount paid by you to Image Line for the software product purchased. Because some states or jurisdictions do not allow the exclusion or limitation of the aforesaid liabilities, in such states or jurisdictions liability shall be limited to the minimum extent permitted by law.

 

9. Privacy - When you place an order with Image Line, you provide information including your name, postal address, e-mail address and billing information which is necessary to complete your order. This information is collected and used in accordance with the Belgian Privacy Act of 1992. Billing information is collected by WorldPay (The Royal Bank of Scotland plc, 36 St Andrew Square, Edinburgh, EH2 2YB) or by Avangate BV (Van Heuven Goedhartlaan 937, 1181 LD Amstelveen, Amsterdam Metropolitan Area, The Netherlands) to process payment in connection with your order, and will not be used for any other purpose. Any other information provided by you is collected Image Line. Image Line has the right to use such other information for executing the order and for purposes of direct marketing. Image Line may share such information for purposes of permitting other companies to market to you. You may oppose against further use of your personal information for direct marketing purposes by:

(i) sending an e-mail containing your e-mail address at unsubscribe@image-line.com if you do no longer want to receive direct marketing e-mails or use the unsubscribe hyperlink provided in the e-mail you received from Image Line;

(ii) mail a letter containing your name, address and/or phone number to Image Line BVBA, Kortrijksesteenweg 281, 9830 Sint-Martens-Latem, Belgium, if you do no longer want to receive direct marketing postal mailings or telephone calls. You have the right to request Image Line to provide a full schedule of your information it collected (if any) after significant proof of identification. The information will be provided within 45 days of identification.  You have the right to request rectification of erroneous information regarding your person. Please contact webmaster@image-line.com if you should have any questions about privacy.

 

10. Waiver - No failure or delay by Image Line in exercising its rights hereunder shall be construed as a waiver or release of that right unless expressly confirmed in writing.

 

11. Force majeure - Image Line shall have no liability for any failure or delay caused by force majeure.

 

12. Severance - If any provision of this agreement is found to be void or unenforceable in whole or in part, the agreement shall continue to be valid as to the other provisions and the remainder of the affected provision.

 

13. Governing law and venue - This agreement is governed by the laws of Belgium and any disputes will be decided only by the courts of Ghent, Belgium.