CyberLink Corporation General Terms of Service

Last Update: May 2024. This CyberLink Corporation General Terms of Service replaces and supersedes all prior versions.

1. Preamble

  1. This General Terms of Service (“Terms of Service”) governs your use, access, procurement, or subscription of the website, software, mobile 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, U Webinar and FaceMe (collectively “Service”).
  2. 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.
  3. 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.

2. Service

  1. 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.
  2. 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.

3. Account

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

4. Content

  1. Definition:
    1. “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.
    2. “CyberLink Content” means the Content made available or generated through the Service, excluding User Submission.
    3. “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.
  2. You agree to be solely responsible for User Submission and the consequences of submitting, uploading and publishing User Submission to or on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to submit, upload and publish User Submission; and you license to CyberLink all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submission for publication on or use of the Service.
  3. You acknowledge that generally CyberLink does not pre-screen any User Submission you make except for certain functions, 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.
  4. 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

  1. 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:
    1. 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;
    2. Use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
    3. 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;
    4. 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;
    5. 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;
    6. 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;
    7. 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;
    8. 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;
    9. Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing;
    10. Collect or store personal data about other Users without their express permission;
    11. 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;
    12. Harm or attempt to harm minors in any way;
    13. Stalk or otherwise harass another, or attempt to do the same;
    14. 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;
    15. Resell or redistribute the Service, or any part of the Service;
    16. Use automated devices, manual processes, or scripts to copy or “scrape” CyberLink Content for any purpose without CyberLink's express written permission;
    17. Replicate the functionality of the Service or to create any effect similar to the effects by any means or to create any competing or potentially competing product or technology;
    18. r. Using the Service (directly or indirectly) to create datasets to train neural networks or create templates for similar or competing third party services;
    19. Use the Service in any manner not permitted by the Terms of Service or applicable laws; or
    20. Encourage or instruct any other individual to do any of the foregoing or to violate any term of the Terms of Service;
  2. You acknowledge that CyberLink shall have the right in its sole discretion, to rescind or terminate your use of the Service without notice, 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.
  3. Additional terms for use of CyberLink Generative AI service ("Generative AI Terms"). These Generative AI Terms apply to your use of CyberLink Generative AI service ("Generative AI"). By using Generative AI, you expressly consent to CyberLink's collection and use of your biometric information as defined in our Privacy Policy. When it comes to the use of Generative AI, in the event of a conflict between the Generative AI Terms and terms defined elsewhere in this Terms of Service and our Privacy Policy, the Generative AI Terms shall prevail.
    1. Your ownership rights.
      You agree to be solely responsible for the User Submission you uploaded and/or inputted to Generative AI. You acknowledge that you have obtained a consent, license and/or authorization for using User Submission in Generative AI. You own the content generated from User Submission by Generative AI ("Outputted Content") to the extent permitted by law.
    2. CyberLink's use and retention of User Submission and Outputted Content.
      CyberLink may use User Submission and Outputted Content to improve your experience with Generative AI. Your User Submission will be permanently deleted from our server within twenty-four (24) hours after your use of Generative AI. Your Outputted Content will be kept on our server for one (1) year after it's being generated.
    3. Your use of Outputted Content.
      Your use of Outputted Content is also subject to the terms of Section 5(I). You agree and accept that any use of the Outputted Content is at your own risk. You will not use Outputted Content or Generative AI in any way that may violate laws, regulations, CyberLink's Terms of Service and Privacy Policy, anyone's intellectual property (including but not limited to patent, trademark, trade secret, copyright or other proprietary rights), privacy, publicity or other rights. You will not use Generative AI in any way which may lead to unlawful or harmful Outputted Content. In compliance with the above, you may use the Outputted Content commercially, provided that the Outputted Content is in the photo/image form. For the Outputted Content generated in the video form, your use is subject to the license terms in Section 5(IV)(b) and Section 5(IV)(c).
    4. Change of your device.
      The Outputted Content retained in our server is associated with your in-app purchase order made via the device you use to generate the Outputted Content. Please note you might not be able to access the same Outputted Content from our server via another device due to certain technical issues. In such event, you may contact our customer support team via https://www.cyberlink.com/contact for retrieval of the Outputted Content by providing the corresponding certificate or invoice of your in-app purchase order to our customer support team, provided that the Outputted Content is still kept on our server within the retention period.
    5. No guarantee of performance
      Due to the nature of AI technologies and the quality of your User Submission, the Outputted Content generated by Generative AI may vary from time to time. There is no guarantee that the Outputted Content is satisfying. It is possible that the Outputted Content might be inaccurate, offensive, harmful or otherwise inappropriate. You understand and agree that by using Generative AI, you may be exposed to such content, and that you will not save, share (including on social media), use, distribute, display, or otherwise make available any content that is in violation of laws.
    6. Disclaimer and warranties.
      CyberLink does not make any representations or warranties that the Outputted Content is accurate, reliable, correct or fit for any particular purposes. CyberLink has no liability related to or arising from your use of Generative AI or Outputted Content. CyberLink provides no warranties that you will be able to claim copyright ownership of any Outputted Content or that the Outputted Content will not infringe any third party's intellectual property rights.
  4. Additional terms for Third Party License. Our Service is incorporated with some third party intellectual property, which are licensed by legitimate right holders or authorized licensors. Please read the following sections for certain usage restrictions.
    1. Stable Diffusion License. For our Service incorporated with Stable Diffusion models, the following user restrictions apply (for more details of Stable Diffusion License terms, please see: https://huggingface.co/spaces/CompVis/stable-diffusion-license). You agree not to use our Service:
      • In any way that violates any applicable national, federal, state, local or international law or regulation;
      • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
      • To generate or disseminate verifiably false information and/or content with the purpose of harming others;
      • To generate or disseminate personal identifiable information that can be used to harm an individual;
      • To defame, disparage or otherwise harass others;
      • For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
      • For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
      • To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
      • For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
      • To provide medical advice and medical results interpretation;
      • To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
    2. MPEG DISTRIBUTION. For usage of the MPEG codec in some of our Services, the following terms apply:
      • THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMLIANCE WITH THE AVC STANDARD (“AVC VIDEO” AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG-LA.
      • You also acknowledge that no rights are granted or may be extended to you to use the Service with MPEG-4 Video Content unless such MPEG-4 Content is sold or delivered to you by a content outlet licensed under the MPEG-4 Essential Claims to make such sale or delivery.
    3. Notices from Access Advance. For usage of the HEVC codec in some of our Services, please read the following notice from Access Advance:
      • Covered by one or more claims of the patents listed at https://accessadvance.com/hevc-advance-patent-list/.
      • THIS PRODUCT IS SOLD WITH A LIMITED LICENSE AND IS AUTHORIZED TO BE USED ONLY IN CONNECTION WITH HEVC CONTENT THAT MEETS EACH OF THE THREE FOLLOWING QUALIFICATIONS: (1) HEVC CONTENT ONLY FOR PERSONAL USE; (2) HEVC CONTENT THAT IS NOT OFFERED FOR SALE; AND (3) HEVC CONTENT THAT IS CREATED BY THE OWNER OF THE PRODUCT. THIS PRODUCT MAY NOT BE USED IN CONNECTION WITH HEVC ENCODED CONTENT CREATED BY A THIRD PARTY, WHICH THE USER HAS ORDERED OR PURCHASED FROM A THIRD PARTY, UNLESS THE USER IS SEPARATELY GRANTED RIGHTS TO USE THE PRODUCT WITH SUCH CONTENT BY A LICENSED SELLER OF THE CONTENT. YOUR USE OF THIS PRODUCT IN CONNECTION WITH HEVC ENCODED CONTENT IS DEEMED ACCEPTANCE OF THE LIMITED AUTHORITY TO USE AS NOTED ABOVE.

6. Purchase and Payment

  1. 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. 
  2. 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.
  3. 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.
  4. 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. Type of Purchase

  1. Subscription.
    Please refer to the terms of our Subscription Agreement Agreement for more details.
  2. Credits.
    1. You may purchase Credits for use in certain Services.
    2. Conversion Rate for Credits in exchange for Services: CyberLink independently sets the criteria of the number of Credits required for respective Services. You agree that CyberLink may change the Conversion Rate at any time at its sole discretion.
    3. Consumption of Credits: Credits are used in a consumptive way. Therefore, if you have consumed the Credits in exchange for certain Services, the consumed Credits cannot be restored in anyway.
    4. Expiry: the Credits are subject to an expiry date, depending on whether the Credits are purchased by you or freely granted to you as a bonus. The expiry dates of your Credits can be found in your Account details via CyberLink Member Zone.

8. Refund Policy

  1. Purchase via CyberLink website.
    1. Refund for purchases other than Credits. CyberLink offers a 30-day money back guarantee on the products purchased from the CyberLink online store. You can cancel your order up to 30 days from the original purchase date.
    2. Refund for Credits. The 30-day money back guarantee only applies when all Credits of your purchase made within 30 days remains unused. In the event you consume any of the Credits of the purchase made within 30 days, no refund would be granted.
  2. Purchase via Google Android Play Store.
    CyberLink Mobile app purchases can be refunded within 30 days. To refund Android in-app purchases:
    1. within 48 hours of the purchase, you can request a refund through Google Play Store directly. Please click the link for further information.
    2. after 48 hours, please send a refund request via “Send Feedback” in the app Settings and include your Google account email and order number.
    3. in the event you contact CyberLink for refunds, the rules defined in Section 8(I) would apply.
  3. Purchase via Apple iOS App Store or Mac App Store.
    Apple doesn't authorize software and app developers to refund or cancel an order. To refund iOS or Mac software in-app purchases, please contact Apple directly as instructed on Apple's website.
  4. Purchased via other websites/ stores.
    Please refer to the refund policy of the third-party sales channel, and contact their support team to request a refund.

9.Termination; Cancellation

  1. 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.
  2. 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.

10. 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.

11.Intellectual Property Rights and Ownership

  1. CyberLink Content
    1. 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.
    2. 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.
    3. 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.
  2. User Submissions
    1. 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.
    2. 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.

12.Disclaimer of Warranties

  1. 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.
  2. CyberLink disclaims any warranties:
    1. 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;
    2. 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
    3. In connection with or resulting from :
      • 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.;
  3. 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.
  4. 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.
  5. 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.

13. Indemnification

  1. 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
    1. Your access to or use of the Service, CyberLink Content and/or User Submission;
    2. 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
    3. Any claim that any User Submission caused damages to a third party.
  2. 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.

14. Limitation of Liability

  1. 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
    1. Your access or use of the Service or any portion thereof;
    2. Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
    3. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
    4. 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;
    5. Any interruption or cessation of transmission to or from the Service;
    6. Any bugs, viruses, or the like, which may be transmitted to or through the Service by any third party;
    7. Any violation of the Terms of Service, applicable laws or regulations, or any third party rights including without limitation any intellectual property rights; or
    8. Any claim that any User Submission caused damage to a third party.
  2. 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.
  3. 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.

15. Privacy Policies

Please click here to know more details of the general Privacy Policy of CyberLink. If you are a user of our mobile app, please click here to learn more about our Privacy Policy dedicated to mobile apps.

16. 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.

17. Modification

  1. 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.
  2. Any modifications will be effective immediately after they are posted or announced unless a longer notice period is required by applicable laws.
  3. 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.
  4. 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.

18. General

  1. 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. You and CyberLink hereby irrevocably consent that any action, proceeding or disputes arising from or in connection with the Terms of Service shall be submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan for the purpose of arbitrating any dispute. 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.
  2. 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.
  3. 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).
  4. You may not assign the Terms of Service (by operation of law or otherwise) without prior written consent of CyberLink and any prohibited assignment will be null and void. CyberLink may assign the Terms of Service or any rights hereunder without your consent.
  5. 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.
  6. 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.
  7. Any notice or other communication to be given hereunder will be in writing and given:
    1. By CyberLink via email (in each case to the address that you provide),
    2. A notice on the Service, or
    3. By you via email to contact CyberLink via https://www.cyberlink.com/contact (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.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.