CyberLink Corporation Website - Terms of Service
- This General Terms of Service (“Terms of Service”) governs your use, access, procurement, or subscription of the website, software, applications, plug-ins and effects pack, products, customer support, technological support and/or any services provided by CyberLink Corporation (“CyberLink”), excluding U, U app, U Messenger, U Meeting, and U Webinar (collectively “Service”).
- By using, accessing, purchasing or subscribing the Service, you agree to abide by and comply with the Terms of Service and all applicable laws and regulations.
- The Service may be subject to one or more additional terms and conditions (“Supplemental Terms”). Any conflict between the Terms of Service and the Supplemental Terms, the then-current Supplemental Terms govern in relation to that Service.
- Unless explicitly stated otherwise, any use of the Service shall be subject to the Terms of Service. You understand and agree that the Service is provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by law, CyberLink assumes no responsibility for the accuracy, completeness, timeliness, deletion, mis-delivery or failure to store any information, contents, communications or personalization settings.
- The Service is for your personal use only or the purpose based on the Supplemental Terms and/or End-User License Agreement of the Service you purchased.
- As a user of the Service (“User”), you agree and acknowledge that the Service is provided to adults only and you must be above the legal age in your country/jurisdiction. If you are under the legal age, you should not use, access, purchase, or subscribe the Service unless you possess legal parental or guardian consent in advance.
- You may register an account (“Account”) to use or access account management features such as shop for the Service, proceed to purchase the Service, trace order, delivery, check order histories or leave reviews.
- You agree that you are entirely and sole responsible for any and all activities or actions that occur under your Account and for maintaining your personal information, account, and password accurately and securely. You cannot use another’s account without permission.
- If you perceive that your username or password has been revealed or stolen or any unauthorized use of your Account or any other breach of security, you must inform CyberLink immediately so that a new username or password can be created.
- CyberLink has right to suspend or terminate your Account or the Service (or any portion thereof) if the information you submitted is untrue, inaccurate, not current or incomplete, or CyberLink has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. CyberLink will not be liable for your losses or damages caused by or arising from any unauthorized use of your Account. However, you may be liable for the losses or damages of CyberLink or others resulting from such unauthorized use.
- “Content” means any materials, design, logos, button icons, images, photos, audio and video clips, video files, text, data, graphics, electronic documents, personal information, and any other information made available through the Service or viewed on, uploaded or submitted to the Service.
- “CyberLink Content” means the Content made available through the Service, excluding User Submission.
- “User Submission” means the Content you have rights to or have been authorized to upload, send, post, share and otherwise submit to or on the Service.
- You agree to be solely responsible for User Submission and the consequences of submitting and publishing User Submission on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish User Submission you submit; and you license to CyberLink all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submission for publication on the Service.
- You acknowledge that CyberLink does not pre-screen any User Submission you make, but that CyberLink shall have the right (but not the obligation) in its sole discretion, to remove or delete any Content from the Service without notice. CyberLink will have no responsibility or liability for, and you are solely responsible for creating back-ups of User Submissions.
- You acknowledge and agree that CyberLink may preserve CyberLink Content or User Submission and may also disclose CyberLink Content or User Submission 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 CyberLink Content or User Submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of CyberLink, 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. Use of the Services
- 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 represent and warrant 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’s Content or that enforce limitations on use of the Service or the CyberLink’s Content therein;
- Use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
- 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 Submission 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 Submission 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 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’s 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 the Terms of Service or applicable laws;
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of the 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, CyberLink or its affiliates, resellers, distributors, and/or vendors (collectively, the “CyberLink parties”), or any customers of or suppliers to a CyberLink party; or
- Resell or redistribute the Service, or any part of the Service
- You acknowledge that CyberLink shall have the right in its sole discretion, to rescind or terminate your use of the Service without notice.ts sole discretion, to remove or delete any Content from the Service without notice. CyberLink will have no responsibility or liability for, and you are solely responsible for creating back-ups of User Submissions.
6. Purchase and Payment
- The Service can be ordered and delivered only within selected regions or countries in the sole discretion of CyberLink. Reference to any products, services, process or other information by trade name, trademark, manufacturers, suppliers, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CyberLink.
- CyberLink does not sell Service for minors. You agree and acknowledge that the Service is provided to adults only and you must be above the legal age in your country/jurisdiction. If you are under the legal age according to the applicable laws, you should not use, access, purchase, or subscribe the Service unless you possess legal parental or guardian consent in advance. CyberLink and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- Under the Terms of Service, the credit card payment processing services and fulfillment of Service purchased are provided by authorized shopping cart vendors. You may find further details relating to how your information is protected, stores, and use on the website of the authorized shopping cart vendors and be subject to their terms and conditions.
- You may not sell or resell any Service you purchase or otherwise received from CyberLink. CyberLink reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Service to be provided to you that may result in a violation of the Terms of Service, as determined by CyberLink in its sole discretion. Except where prohibited by law, CyberLink may limit the number of Service available for purchase.
7. Termination; Cancellation
- CyberLink may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. CyberLink, in its sole discretion and for its sole convenience, may immediately terminate or suspend your access to the Service and remove any Content (including User Submissions) from the Service or its servers, in the event that you breach or threaten to breach the Terms of Service, Supplemental Terms or applicable laws. Notwithstanding the foregoing, CyberLink also reserves the right to rescind or terminate the Service or your use or access thereto at any time and for any reason without notice. After such a termination, you understand and acknowledge that CyberLink will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by the 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 Content (including User Submissions) that you have submitted in connection with the Service 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 Content (including User Submissions) stored in its database related to your Account or to forward any Content (including User Submissions) to you or any third party.
- Any suspension, termination or cancellation will not affect your obligations to CyberLink under the Terms of Service (including but not limited to indemnification and limitation of liability), which by the sense and context are intended to survive such suspension, termination or cancellation.
8.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.
9.Intellectual Property Rights and Ownership
- CyberLink Content
- 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 User Submission. The compilation of CyberLink Content shall mean the collection, arrangement and assembly of all Content on the Service is the exclusive property of CyberLink and protected by applicable intellectual property laws and regulations. All software used on the Service is the property of CyberLink or its suppliers and is protected by relevant laws and regulations. Permission is granted to electronically copy and to print in hard copy for the sole purpose of placing an order with CyberLink, using the Service as a shopping resource. Except for the purpose permitted under the Terms of Service, any other use of CyberLink Content or the Service, without the prior written permission of CyberLink, is strictly prohibited including without limitation, reproduction, distribution, republishing, transmission, display or performance.
- You may access and use the Service and CyberLink Content for your own personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, or CyberLink Content. 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 CyberLink Content other than as expressly permitted herein.
- The CyberLink Content and all service marks, trademarks, and/or trade dress of CyberLink may not be used in connection with any product or service that is not offered by CyberLink in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits CyberLink. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- User Submissions
- CyberLink does not claim ownership rights in User Submission. However, by uploading, posting, emailing or otherwise transmitting any User Submission to the Service, you hereby grant CyberLink a non-exclusive, worldwide, royalty-free, sub-licensable, 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 Submission in any form, medium or technology now known or later developed, including without limitation on the websites of third party. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to CyberLink. CyberLink will own all rights, title and interests in and to all derivative works and compilations of User Submission that are created by or for CyberLink, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by CyberLink to give and confirm to CyberLink the full benefit of the rights granted to CyberLink by you.
- You acknowledge and agree that CyberLink may, at its option, establish limits concerning User Submission, including without limitation the maximum number of days that User Submission 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 Submission on CyberLink's servers.
10. Disclaimer of Warranties
- Your use of the Service or Content is at your sole discretion and risk. The Service, and CyberLink Content 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, affiliates, subsidiaries, and agents expressly disclaim all warranties of any kind, express, implied or statutory, relating to the Service, Content, CyberLink Content, and User Submission, 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:
- With regard to the security, accuracy, completeness, reliability, appropriateness, legality, applicability, timeliness and performance of the Service, Content, CyberLink Content, and User Submission or any portion thereof;
- That the Service, Content, CyberLink Content, and User Submission will be free of errors, mistakes, or inaccuracies or that any errors, mistakes, or inaccuracies will be corrected; or
- In connection with or resulting from :
CyberLink has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Service and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the Content 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 Content 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.
No advice or information, whether in oral or writing, obtained from CyberLink, will create any warranty not expressly stated in the Terms of Service. CyberLink does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Service or any linked website or featured in any banner or other advertising, and CyberLink 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.
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Content, CyberLink Content, and/or User Submission, or any portion thereof;
- Any unauthorized access to or use of the Service, servers of CyberLink and/or any Content or information stored therein;
- Any errors or omissions in any Content (including User Submission) or any loss or damages as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service;
- Any interruption or cessation of transmission to or from the Service; or
- Any bugs, viruses, or the like which may be transmitted to or through the Service or linked website by any third party.
- You agree to indemnify, hold harmless and defend Cyberlink and its officers, directors, employees, agents, subsidiaries, and/or affiliates from any and all claims, losses, damages, liabilities, costs, and expenses including reasonable legal fees and costs, arising out of or in any way connected with
- Your access to or use of the Service, CyberLink Content and/or User Submission;
- Your misuse, violation or breach of the Service, the Terms of Service, Supplemental Terms, applicable laws or regulations, or any third party rights, including without limitation any intellectual property rights; or
- Any claim that any User Submission caused damages to a third party.
- The defense and indemnification shall apply and survive the termination, cancellation or expiration of the Terms of Service, your use of the Service and your Account.
12.Limitation of Liability
- In no event shall CyberLink, its officers, directors, employees, subsidiaries, affiliates, or agents be liable to you or anyone else under the Terms of Service or under any contract, tort, negligence, strict liability or other legal or equitable theory (even if CyberLink has been advised of the possibility of losses or damages) for any direct, indirect, incidental, special, punitive, or consequential damages, lost profits, lost business or cost of procurement of substitute services, whatsoever arising out of, resulting from or in connection with
- Your access or use of the Service or any portion thereof;
- Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
- Any errors, omissions, mistakes, or inaccuracies in the Service or Content or for any loss of any kind incurred as a result of your access to or use of the Service or Content posted or made available through the Service;
- Any interruption or cessation of transmission to or from the Service;,
- Any bugs, viruses, or the like, which may be transmitted to or through the Service by any third party;
- Any violation of the Terms of Service, applicable laws or regulations, or any third party rights including without limitation any intellectual property rights; or
- Any claim that any User Submission caused damage to a third party.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Furthermore, you acknowledge that CyberLink shall not be liable for the 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, the maximum aggregate liability of CyberLink is limited to the monthly subscription fees for such Service or to the average monthly fees for the most similar service.
13. Privacy Policies
14. Compliance with Laws
The Service is provided, controlled, and managed by CyberLink in Taiwan. CyberLink makes no representations that the Service is legitimate, or appropriate to use in other jurisdictions/locations. People from other jurisdictions use or access to the Service at their own discretion and shall be responsible to comply with any and all applicable laws. Recognizing the global nature of the internet, you agree to comply with all laws and rules regarding online conduct and acceptance information. Specially, 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.
- CyberLink may, at its own discretion, revise or modify the Terms of Service and/or the Service from time to time without notice, and you agree to review the latest version periodically.
- Any modifications will be effective immediately after they are posted or announced unless a longer notice period is required by applicable laws.
- If any modifications are not acceptable to you, your sole remedy is to cease using the Service, and if applicable, cancel your Account. By continuing to use or access the Service after CyberLink makes such modifications, 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 the Service.
- The Terms of Service shall be governed by and interpreted in accordance with the Laws of Taiwan, R.O.C. without respect to its conflict of laws of principles. Any action, proceeding or disputes arising from or in connection with the Terms of Service shall be brought exclusively to the courts located in Taipei, Taiwan and you hereby irrevocably consent to the personal jurisdiction and venue of the court as identified above. You hereby agree that any claim arising out of, in connection with or resulting from the Terms of Service, the Service, and Supplemental Terms must be filed 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 your successors and assigns permitted.
- In the event that any provision in the Terms of Service is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- The failure of a party to enforce any right or provision of the 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 case of CyberLink, by an authorized officer).
- You may not assign the Terms of Service (by operation of law or otherwise) without prior written consent of CyberLiink and any prohibited assignment will be null and void. CyberLink may assign the Terms of Service or any rights hereunder without your consent.
- You agree that the 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.
- The Terms of Service together with applicable contracts signed between you and CyberLink constitute the entire agreement between you and CyberLink with respect to the subject matter hereof.
- Any notice or other communication to be given hereunder will be in writing and given:
- By CyberLink via email (in each case to the address that you provide),
- A notice on the Service, or
- By you via email to contact CyberLink (please be sure to click on the correct link of the CyberLink department you want to contact, check here to get the CyberLink worldwide offices information) or to such other address as CyberLink may specify in writing.
The date of receipt shall be deemed the date on which such notice is transmitted.