Last Updated: October 30, 2017
Terms and Conditions
PLEASE READ THIS TERM OF USE AGREEMENT (THE TERMS) CAREFULLY. THIS WEBSITE (METTLE.COM) AND THE INFORMATION ON IT ARE CONTROLLED BY METTLE COMMUNICATIONS INC (METTLE). THESE TERMS GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET TRAFFIC VISITING THE WEBSITE. BY ACCESSING OR USING THIS WEBSITE, CLICKING ON THE “I AGREE” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU CONFIRM THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH METTLE COMMUNICATIONS INC. AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE PERSON YOU HAVE NAMED AS THE USER, AND TO BIND METTLE COMMUNICATION INC. TO THE TERMS. “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU ARE ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Note that the Terms are subject to change by Mettle at its sole discretion and at any time. We will also update the “Last Updated” date at the top of the Terms. Mettle may require you to provide consent to the updated Terms before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s).
**IMPORTANT INFORMATION REGARDING THE SKYBOX PLUGINS**
THE METTLE SKYBOX PLUGINS HAVE BEEN AQUIRED BY ADOBE AND ARE NOW INTEGRATED INTO ADOBE CREATIVE CLOUD 2018. THEREFORE, METTLE SKYBOX PLUGINS ARE NO LONGER SUPPORTED IN THE LATEST VERSION OF ADOBE SOFTWARE, AS OF ADOBE CC 2018. THIS INTERGRATION OF SKYBOX MEANS THAT (1) THE METTLE SKYBOX PLUGINS ARE NO LONGER SOLD OR AVAILBLE ON THE METTLE WEBSITE AND NO LICENSE KEY FOR SKYBOX CAN OR WILL BE OFFERED OR GIVEN, (2) METTLE NO LONGER PROVIDES SUPPORT FOR THE SKYBOX PLUGINS AND (3) SUPPORT, QUESTIONS, COMMENTS OR ANY OTHER TYPE OF INQUIRY(IES) REGARDING THE INTEGRATED SKYBOX PLUGINS SHOULD NOW BE DIRECTED AT ADOBE.
1. Registering Your Account. In order to access features of Mettle Software and/or Website (Properties), you may need to become a Registered User. For the purposes of the present Terms, a Registered User is an End User of the Website (User) who has registered an Account on the Website (Account). You may de-activate your Account by contacting Support.
2. Registration Data.
a. In registering an Account on the Website, you agree to be responsible for all activities that occur under your Account. You agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (Registration Data); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You confirm that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Mettle Properties under the laws of any relevant and applicable jurisdiction.
b. You agree to notify Mettle immediately of any unauthorized use of your password or of any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Mettle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mettle has the right to suspend or terminate your Account and refuse any and all current or future use of Mettle Software Properties (or any portion thereof). You agree not to create an Account or use Mettle Software properties if you have been previously removed by Mettle.
c. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account. Mettle shall not be held responsible for any losses arising out of the unauthorized use of your Account.
d. Registration Data includes, but is not limited to, your name, email address, city, state, zip code, country and your password. Please note that Mettle will be able to link your IP address to your Member Account. Mettle may use your data to help deliver better services on the Website. You may receive personal emails from the Website regarding new items or versions of products you purchase, including, but not limited to, communications confirming your account status and licensing instructions.
3. Shipping & Delivery. All items are delivered electronically via software download after successful checkout. You can find all your downloads and licenses in your User account. At no time will Mettle provide you with any physical, tangible copy of our Software. Tangible media include, but are not limited to, any tape disk, compact disk, card, flash drive, USB drive, Hard drive, or any other comparable physical medium.
a. Mettle Properties. You agree that Mettle own all rights, title and interest in Mettle Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
b. Your Content. Mettle does not claim ownership of any comments, posts, information or text you post, upload or otherwise make available on the Website (Your Content). However, when you post or publish Your Content on or in Mettle Properties, you hereby grant us a non-exclusive right to copy, display, perform, distribute, create derivative work(s) of and otherwise use Your Content on the Website.
c. Feedback. You agree that submission of any idea(s), suggestion(s), document(s), and/or proposal(s) to Mettle through its suggestion, feedback, comment section or similar pages (Feedback) is at your own risk and that Mettle has no obligations (including, without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Mettle a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Mettle Properties.
5. User Conduct. In relation with your use of Mettle Properties, you shall not:
a. Make Available, post or upload any Content that (i) is unlawful, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, Mettle personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Make Available any Content that you do not have a right to Make Available, under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
e. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
f. Intentionally or unintentionally violate any applicable local, national or international law or regulation, or any order of a court;
g. Stalk or otherwise harass any other User of our Mettle Properties;
h. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
6. Content Provided by Other Users. Mettle Properties may contain content, information, reviews, ratings and comments provided by other Users (User Content). Mettle is not responsible for and does not control User Content. Mettle has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You interact with User Content and with other Users at your own risk.
7. Fees and Purchase Terms.
a. Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Mettle with a valid PayPal Account (Payment Provider). By providing Mettle with your Payment Provider information and associated payment information, you agree that Mettle is authorized to immediately invoice your Account for all fees and charges due and payable to Mettle hereunder and that no additional notice or consent is required. Mettle reserves the right at any time to change its prices and billing methods.
b. Refund Policy. Purchases are non-refundable. We offer free trial versions for you to be able to evaluate the products before purchase.
a. Use of collected Information. Mettle commits to (i) preserve the privacy of Users of the Website; with the exception of your password, all information that we collect from you and any information that you provide can be accessed by our system administrators and to (ii) not share your information with any other parties.
b. Type of Collected data.
i. Information you provide to us.
1. We may collect personal information from you, such as your name, e-mail and password when you create an Account (As stated in Section 2-d of the Terms).
2. When you order products on our Website, we will collect all information necessary to complete the transaction, including, but not limited to your name and billing information.
3. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail.
4. When you post content on the Website (text, messages, comments or any other kind of content that is not your e-mail address) the information contained in your post(s) will be stored in our servers and other users will be able to see it and any other information that you choose to make public on the Website.
5. Any type of information that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding Support.
6. If you participate in a sweepstake, contest or giveaway on our Website, we may ask you for information to register, verify your identity and send you your prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
9. Indemnification. You agree to indemnify and hold Mettle, its subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the Mettle Parties) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations.
10. Warranties and conditions. You expressly understand and agree that, to the extent permitted by applicable law, your use of Mettle Properties is at your sole risk, and Mettle Properties are provided on an “as is” and “as available” basis, with all faults. Mettle parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a specific purpose and non-infringement. Mettle Parties make no warranty, representation or condition that: (a) Mettle Properties will meet your requirements; (b) your use of Mettle Properties will be uninterrupted, timely, secure or error-free; or (c) the results that may be obtained from use of Mettle Properties will be accurate or reliable.
11. Limitation of liability.
a. Disclaimer of certain damages. You understand and agree that in no event, shall Mettle Parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with Mettle Properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not Mettle has been advised of the possibility of such damages, arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of Mettle properties, on any theory of liability, resulting from: (i) the use or inability to use Mettle Properties; (ii) statements or conduct of any third party on Mettle Properties; or (iii) any other matter related to Mettle properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. notwithstanding the foregoing,
b. Cap on liability. Under no circumstances will Mettle parties be liable to you for more than fifty dollars ($50).
d. Basis of the bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mettle and you.
e. Term and termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Mettle Properties, unless terminated earlier in accordance with the Terms. Mettle may terminate these Terms, including your access to the Website, in the event you violate any terms or conditions hereunder, upon notice to you.
12. General Provisions.
a. Electronic Communications. The communications between you and Mettle use electronic means, whether you visit Mettle Properties or send Mettle e-mails, or whether Mettle posts notices on Mettle Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Mettle in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mettle provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
b. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mettle’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
c. Force Majeure. Mettle shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, embargos, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
d. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Mettle Properties, please contact us at: email@example.com. We will do our best to address your concerns.
e. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the Province of Quebec, Canada. Any action commenced relating to the Terms and obligations of the License of the Software provided under this license must be brought within one (1) year after such action accrues and shall be commenced in the Province of Quebec
f. Notice. You are responsible for providing Mettle with your most current e-mail address. In the event that the last e-mail address you provided to Mettle is not valid, or for any reason is not capable of delivering to you any notices required/allowed by the Terms, Mettle’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
g. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
h. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
i. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.