1. Description of Service.
Unless explicitly stated otherwise, any use of the Service shall be subject to these Terms of Service. You understand and agree that the Service are provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by Law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, contents, communications or personalization settings.
2. Registration and Eligibility.
- To become a ”U” User, you must be at least of legal age in your country. If you are not of legal age, you may not access or use the Service. In order to access certain features of the Service, and to post User Submissions (defined below), you will have to set up a “U” account ("Account"), with your mobile phone number, a corresponding username and password. You may never use another person's account without permission.
- You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify CyberLink immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify CyberLink immediately so that a new user name or password can be created.
- If you create an Account, you agree to provide true, accurate, current and complete registration information as requested and will maintain and promptly update relevant personal information provided to CyberLink in order to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of Service (or any portion thereof). Although CyberLink will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of CyberLink or others due to such unauthorized use.
- If you create an Account, you consent to the use of electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service.
Certain types of content are made available through the Service. "CyberLink Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, video files, and other content and information made available through the Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, audio, video and other content and information which users of Service share, send, post, upload and otherwise submit to CyberLink through the Service, including without limitation in user created profile pages. Refer to Section 7(b) for more details with respect to your submissions. CYBERLINK RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CYBERLINK CONTENT OR USER SUBMISSIONS FROM THE SERVICE WITHOUT NOTICE.
4. Your Obligations in Using the Service.
The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do, directly or indirectly, any of the following while using or accessing the Service:
- Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any CyberLink Content or that enforce limitations on use of the Service or the CyberLink Content therein.;
- Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;
- Upload, post, email, or otherwise transmit, via the Service, any User Submissions that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of CyberLink;
- Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Services users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of CyberLink's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Attempt to probe, scan or test the vulnerability of the Service or any CyberLink system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing;
- Collect or store personal data about other Users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;
- Use the Service in any manner not permitted by this Agreement;
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;
- Harm or attempt to harm minors in any way;
- Stalk or otherwise harass another, or attempt to do the same;
- Use the service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, distributors, and/or vendors (collectively, the “CyberLink parties”), or any customer of or supplier to a CyberLink party; or
- Resell or redistribute the Service, or any part of the Service.
You acknowledge that we do not pre-screen any User Submissions you make, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Service. You acknowledge and agree that we may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of CyberLink, its Service Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Service and the User Submissions, including your personal information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices.
5. Termination; Cancellation.
- We may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions) from the Service or our servers, in the event that you breach or threaten to breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. To the fullest extent permitted by Law, CyberLink is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. CyberLink will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
- Any suspension, termination or cancellation will not affect your obligations to CyberLink under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
6. Third Party Links.
The Service may contain links to third party websites that are not owned or controlled by CyberLink. CyberLink has no control over, and you agree that CyberLink assumes no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. In addition, CyberLink will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve CyberLink from any and all liability arising from your use of any third-party website. You further acknowledge and agree that CyberLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.
7. Intellectual Property Rights and Ownership.
- You may access and use the Service, CyberLink Content and User Submissions for your own personal use. CyberLink and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, CyberLink Content and the trademarks, service marks and logos contained therein other than your User Submissions. CyberLink reserves all rights not expressly granted in and to the Service and CyberLink Content. You agree not to engage in the use, copying, distribution or modification of any of the CyberLink Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.
b. User Submissions.
- License Grant. CyberLink does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to CyberLink, you hereby grant CyberLink a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on third party websites. CyberLink will own all rights, title and interests in and to all derivative works and compilations of User Submissions that are created by or for CyberLink, including all worldwide intellectual property rights therein.
- Limitations. You acknowledge and agree that CyberLink may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Service, the maximum size of any files that may be stored on or uploaded to the Service, and the maximum disk space that will be allotted to you for the storage of User Submissions on CyberLink's servers. CyberLink will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.
- Disclaimer. CyberLink has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by users, including without limitation any information obtained by using the Service. CyberLink does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CyberLink with respect thereto.
- Copyright and other infringements. If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to email@example.com, or a physical letter to Legal Department, CyberLink Corporation, 15F, No.100, Minchiuan Rd., Hsin Tien City, Taipei, Taiwan 231, fax: 886-2-8667-1385.
8. Disclaimer of Warranties.
YOUR USE OF THE SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, CYBERLINK CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CYBERLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, CYBERLINK CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. CYBERLINK DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, CYBERLINK CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF; (II) THAT THE SERVICE, CYBERLINK CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR (III) IN CONNECTION WITH OR RESULTING FROM (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, CYBERLINK CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBERLINK, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability.
IN NO EVENT SHALL CYBERLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) YOUR ACCESS TO OR USE OF SERVICE OR ANY PORTION THEREOF, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS), (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYBERLINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE CYBERLINK IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER’S CLAIM. You agree to defend, indemnify, and hold CyberLink, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, CyberLink Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Service, and any termination of your Account.
10. Special Admonitions for International Use.
The Service is owned, controlled and offered by CyberLink in Taiwan. We make no representations that the Servie is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Modification of the Terms of Service.
CyberLink reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified terms and conditions will be effective immediately after they are posted on the Service (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using Service, and if applicable, cancel your Account. By continuing to access or use Service after CyberLink makes any such modification, you agree to be bound by the revised Terms of Service. To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of Service.
12. Claim Must Be Filed Within One Year.
Any claim related to this contract or these Terms of Service may not be brought by you unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within that period, then that claim is permanently barred. This applies to you and your successors and assigns permitted.
These Terms of Service shall be governed by and interpreted in accordance with the laws of Taiwan. Any legal action or proceeding arising under or in connection with these Terms of Service must be brought exclusively in courts located in Taipei, Taiwan and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of CyberLink, by an authorized officer). You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of CyberLink and any prohibited assignment will be null and void. CyberLink may assign these Terms of Service or any rights hereunder without your consent. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and CyberLink's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and CyberLink. These Terms of Service together with constitute the entire agreement between CyberLink and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by CyberLink via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via email to contact firstname.lastname@example.org or to such other addresses as CyberLink may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.