Effective Date: September 6, 2012
Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not access or use the Site. HTC reserves the right to change these Terms at any time in accordance with Section 16.
Passwords; Attribution of Electronic Acts to You
Submissions; No Unsolicited Feedback
Caution About Accuracy of Information
Third Party Website Links
Third Party Materials
Disclaimer of Certain Damages
Limitation of Liability and Exclusive Remedy
Copyright Notice and Takedown ProceduresChanges to These Terms
Copyright and Trademark Notices
1. Additional Terms. Additional terms may be presented to you on the Site. You agree to comply with any additional terms, which are incorporated in these Terms by reference.
2. Passwords; Attribution of Electronic Acts to You. Some activities on this Site require you to register with a user name and password (such as to join YouClub or to post entries to the community support section of this Site). If you register, you must provide HTC with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Site, HTC may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify HTC immediately of any unauthorized use of your account or any other breach of security. HTC may change your user name and password at any time.
3. Site Use. You may use the Site when it is available. The Site may not always be available. HTC reserves the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice. HTC and its suppliers own all information, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of the materials provided through this Site ("Content"). You may view, copy, print and use pages and information from this Site solely for personal and noncommercial purposes. You may not alter any information or pages in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this Site without HTC's prior written (non-electronic) consent. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved.
4. Your Conduct. The Site may contain communication features (such as blogs, support forums, etc.) designed to enable you to communicate with HTC and the public at large. You agree to use the Site only to post, send and receive messages and material that are appropriate and related to the purpose of the Site. You agree that when using the Site, you will not engage or attempt to engage in any improper uses or otherwise violate the Code of Conduct that also governs your use of such features of the Site. Improper uses include:
(a) violating any applicable law or regulation; (b) posting or transmitting content you do not have the right to post or transmit;
(c) posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, contract right or other right;
(d) posting or transmitting content that is unlawful, fraudulent, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined by HTC;
(e) causing damage to HTC's business, reputation, employees, facilities, or to any person;
(f) attempting to intercept, collect or store data about third parties without their knowledge or consent;
(g) deleting, tampering with or revising any material posted by any other person or entity;
(h) accessing, tampering with or using non-public areas of the Site, HTC's computer systems or any other HTC website;
(i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(j) attempting to access, search, or extract data from the Site or any HTC website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism other than the software or search agents provided by HTC or other generally available third party web browsers;
(k) sending or attempting to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain mail" or "junk mail";
(l) using or attempting to use the Site or any other HTC website to send altered, deceptive or false source-identifying information;
(m) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or any HTC website, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
(n) interfering or attempting to interfere with the access of any user, host or network, including sending any harmful, illegal, deceptive or disruptive code to the Site, or any HTC website, such as a "virus," "spyware" "adware" or other code that could adversely impact the Site or any recipient, or overloading, "flooding," "spamming," "crashing" or "mail bombing" the Site or any other HTC website;
(o) impersonating or misrepresenting your affiliation with any person or entity;
(p) using the Site for any unlawful, unintended (by HTC), or harmful purpose, such as to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," unregistered sales of securities and securities fraud;
(q) taking any action which could impose a significant burden (as determined by HTC) on the Site infrastructure, such as excessively high-volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server, or any other server, and non-traditional end user activities; or
(r) "framing" the Site or otherwise making it look as if you have a relationship with HTC or that HTC has endorsed you for any purpose. If HTC suspects violations of any of the above, HTC may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with HTC in investigating suspected violations. HTC reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that HTC considers to be illegal or violations of these Terms. HTC may, without notice, remove, block, filter or restrict any materials or information (including emails) that HTC considers to be actual or potential violations of these Terms.
5. Submissions; No Unsolicited Feedback. HTC may provide, directly or through a third party, an opportunity for you to tell HTC and other visitors to the Site what you think about products and services. You agree that if you post, upload or submit in any way to HTC any information, including without limitation product reviews or other materials, through the Site, a third party or otherwise (collectively "Submissions"), you make the Submissions voluntarily. Your Submissions will not be considered confidential or proprietary. If you share Submissions on the Site, you understand and agree that others with whom you have shared your Submissions may use them.
HTC does not claim ownership of any Submissions and will not pay you for Submissions. However, by providing any Submission you grant to HTC and its customers, suppliers, strategic partners and sublicensees a non-exclusive, transferable, royalty-free, worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and sublicense your Submission and to publish your name in connection with your Submission in connection with the operation of the Site and the businesses of HTC and its customers, suppliers, strategic partners and sublicensees which includes but is not limited to HTC's use in publicizing, advertising and/or other commercial endeavors . You also waive any moral rights you may have in your Submissions. HTC is not obligated to post or use any Submission you may provide. HTC may remove or edit any Submission at any time. HTC will not have any liability in connection with the receipt, examination or use of any Submissions provided by you.
If you provide Submissions, you agree (i) to state your opinions lawfully and in good faith and to disclose any conflict of interest or relationship that influences your views (e.g. someone is paying you or giving you something to encourage your Submission or you or a family member are employed by HTC, etc.); (ii) that the Submission you provide contains your true and honest opinion, finding and/or belief; (iii) your Submission is based upon your bona fide use of an HTC device; and (iv) your Submission is true and accurate as of the time the Submission is provided to HTC. You further agree to notify HTC promptly and in writing by sending an email to Copyright_Americas@htc.com if at any time you feel that any of the above statements (i-iv) no longer hold true.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates these Terms. You warrant and represent that you own or otherwise control all of the rights to your Submission, have the necessary consents from any individuals whose personally identifiable information is contained in your Submissions, and that the use and publication of your Submissions does not violate any law. All Submissions are the opinion of the person commenting and do not necessarily reflect HTC's views. HTC does not control or endorse any Submissions.
You agree to hold harmless and release HTC, its affiliates, assigns, licensees, successors, and agents from all claims, demands or causes of action that you may have now or in the future arising from HTC's use of your Submission , including any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity or copyright to the extent applicable. This agreement will be binding upon you, your heirs, legal representatives, assigns, transferees and successors in interest.
HTC does not wish to receive your suggestions for improving HTC products and services ("Feedback"). Please do not submit unsolicited Feedback through the Site or through any HTC service. If you do submit or provide Feedback to HTC, you irrevocably assign to HTC all right, title and interest throughout the world in such Feedback without the right to any compensation or royalties from HTC and waive any moral rights you may have in such Feedback. Further, you irrevocably waive and agree never to assert any claims against HTC or any of HTC's successors in interest with respect to Feedback you submit or provide to HTC.
6. Caution About Accuracy of Information. This Site represents current HTC services and products, and is subject to change without notice. There may be information on this Site that is outdated, contains typographical errors, inaccuracies or omissions. The colors you see (for example, product colors) on the Site may depend on the specifications and settings of your computer and may not accurately depict the actual colors. You agree not to rely on any information provided on this Site.
7. Third Party Website Links. The Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under HTC's control and HTC is not responsible for any Linked Site. HTC provides these links as a convenience and the inclusion of any link does not imply endorsement by HTC or an association with its operators. When you access a Linked Site, you do so at your own risk.
8. Third Party Materials. If you obtain anything from a third party over the Internet, directly or indirectly through the Site, including but not limited to ringtones, content, music, applications, stock quotes, newscasts, weather reports or other materials and information for use on or with your HTC device ("Third Party Materials"), you understand that you receive such Third Party Materials from the third party supplier and not from HTC. Your relationship with respect to Third Party Materials is with the supplier, and not with HTC. Any claims you might have with respect to Third Party Materials are against the supplier and not against HTC.
9. No Warranties. The Site, Linked Sites, Content, Third Party Materials, and Services, including, without limitation, updates and upgrades for the software installed on your HTC device that you download to your HTC device via the Site, are provided "AS IS," "WITH ALL FAULTS" and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. HTC and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.
10. Disclaimer of Certain Damages. In no event will HTC or any supplier be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, the Content, Third Party Materials or Services, even if HTC or any supplier has been advised of the possibility of such damages.
11. Limitation of Liability and Exclusive Remedy. HTC's and its suppliers' maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, Content, Third Party Materials, Services or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site, Linked Sites, Content, Third Party Materials or Service will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.
The damage exclusions and limitations of liability in Sections 10 and 11 of these Terms will apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you.
12. Independent Remedies. The exclusion of damages under Section 10 is independent of your exclusive remedy in Section 11 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 10 and 11 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
13. Privacy. To operate and provide the Site, HTC may collect certain information about you. We use and protect that information as described on the Site and in the Privacy Statement. Personal information collected through the Site may be stored and processed in the United States. By using the Site, you consent to the transfer of information outside of the country where you reside.
14. Copyright Notice and Takedown Procedures. You agree to respect the intellectual property rights of HTC and third parties. If you believe that material available through the Site infringes the copyright of any third party, please notify HTC's copyright agent by using the notice procedure described at Notice and Procedure for Making Claims of Copyright Infringement. After receiving notice, HTC may remove or disable access to any infringing material. HTC has the right to terminate any account or right of access to the Site for infringement of HTC's or others' rights.
15. Applicable Law and Forum. If you live in the United States or Canada, the laws of Washington state in the United States govern the interpretation of these Terms and apply to claims for breach of it regardless of conflict of laws principles. Any other claims, including claims regarding consumer protection laws and in tort, will be subject to the laws of your state of residence in the United States, or if you live in Canada, then to the laws of your province of residence in Canada. If you live in the United States or Canada, you agree to submit to the exclusive jurisdiction and venue in the state and federal courts in King County, Washington, for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.
16. Changes to These Terms. HTC reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. Your continued use of the Site after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Site..
17. Termination. HTC reserves the right to terminate these Terms and your access to the Site or any portion thereof at any time, without notice. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19 and 21 will survive termination.
18. Notices. HTC may give you all notices (including legal process) that HTC is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to HTC. You agree to keep your email and mailing addresses current and to check for notices posted on the Site. You agree to send HTC notice by mailing it to HTC's "Address for Legal Notices" which is:
No. 23 Xing-Hua Rd.
330 Taoyuan City
Attn: Legal Department
With a copy to:
HTC America, Inc.
13920 SE Eastgate Way, Suite 400
Bellevue, WA 98005
Attn: Legal Department
19. General. If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties' convenience and have no legal or contractual significance. HTC may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. HTC's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement and any other incorporated terms) constitute the entire agreement between you and HTC with respect to the Site. These Terms supersede all prior or contemporaneous communications of any kind between you and HTC with respect to the Site.
20. Support. HTC does not offer customer support for the Site or any feature or service available through the Site, unless HTC has posted information on the Site that we offer customer support for a particular section of the Site.
21. Copyright and Trademark Notices. Except for Submissions, all contents of the Site are ©2012 HTC Corporation and/or its suppliers, No. 23 Xing-Hua Rd., 330 Taoyuan City, Taiwan R.O.C. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Site. HTC and/or its suppliers own the title, copyright and other intellectual property rights in the Site, Linked Sites, the Content, Third Party Materials, Services, Feedback and any software updates and upgrades that you download for your HTC device via the Site. The HTC logo, the HTC quietly brilliant logo and/or other HTC product names and services referenced on the Site are the trademarks of HTC Corporation. All other company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners.