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Terms of service

TERMS OF SERVICE

    CyberLink Live welcomes you. CyberLink Live provides its services to you and you use the services provided on the web site of CyberLink Live (the "Site") subject to the following Terms of Service. If you do not agree with any of the Terms of Service, FAQ or other guidelines or rules posted on the Site, do not access or otherwise use the Site or any information or services contained on the Site. Your use of the Site will be deemed to be your agreement to abide by the Terms of Service, FAQ and other guidelines or rules may be posted on the Site by CyberLink Live from time to time. The Terms of Service may be updated by us from time to time without prior notice to you. You can review the most current version of the Terms of Service at any time. Your use or continuous use of the Site or the information or services on the Site will be deemed that you have read, understood and agreed upon each provision of the Terms of Service and the updated Terms of Service. In addition, when using particular CyberLink Live services, you and CyberLink Live shall be subject to any rules applicable to such services, which may be posted from time to time.


Registration for Free Membership

    The Site provides certain free services which enables you to stream TV programs, access your photos, watch your videos, access your home PC from any where and will also be your eyes while you are away (“Free Service”), You have to become a free member of the Site (“Free Member”) and set up a CyberLink Live account (“Account”) in order to use the Free Service. If you become a Member or 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 CyberLink has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CyberLink has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof).


Subscription of Paid Service

    In addition to the Free Service, the Site also provides paid services including Hosted Relay Services, quality improvement, better streaming quality, higher resolution, better feature set…etc.(“Paid Service”). You may subscribe to the Paid Service based on the then-current rates posted on the Site. CyberLink Live reserves the right to change the rates at any time without notice. You may stop your future subscription at any time by contacting our payment processor element 5 at support@element5.com. Nevertheless, there are no refunds on already-pay-off payments.You shall also contact element 5 for any billing or payment disputes.

Security

    CyberLink is not liable for any loss incurred by you resulting from another's use of your password, account, or public / private key, as may be applicable, either with or without your knowledge. However, you may be held liable for losses incurred by CyberLink or another party due to another's use of your password, account, or public / private key. You shall not access or use someone else's account at any time, without the permission of the account holder.


Conduct

    You are solely responsible for the content of your transmissions when using the Services. CyberLink does, however, reserve the right to take any action with respect to the same that CyberLink Live in its sole discretion deems necessary or appropriate. The use of the Services by you is subject to the end user license agreement of the CyberLink Live Software and all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all applicable laws, rules and other regulations; (ii) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or any other harmful component; (iii) not to use the Service or CyberLink Live Software for illegal purposes; (iv) not to delete from the CyberLink Live Software, documentation or any web site used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or do not have express permission to modify; (v) not to interfere or disrupt networks connected to the Service; (vi) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems or interfere with another user's use and enjoyment of the Service.

Links to Third Party Sites

    The CyberLink Live Site may contain links to third party websites that are not owned, maintained or controlled by CyberLink Live. Such links do not constitute an endorsement by CyberLink Live of those third party websites. CyberLink Live has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve CyberLink Live from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the CyberLink Live Site and to read the terms and conditions and privacy policy of each other website that you visit. You also understand and agree that the services on the Site may include advertisements and that these advertisements are necessary for CyberLink Live to provide the services. You also understand and agree that the services on the Site may include certain communications from CyberLink Live such as service announcements and administrative messages, and that these communications are considered part of CyberLink Live membership and you will not be able to opt out of receiving them.


Website Access

  • CyberLink Live hereby grants you the limited right to display the information, documents, software, services, trademarks, logos, graphics and images provided on the Site only on your personal computing device and to copy and download the foregoing, provided that: (i) your use is solely for your personal, non-commercial or internal information use; (ii) you will not copy or distribute any part of the Site in any medium without CyberLink's prior written authorization; (iii) you will not alter or modify any part of the foregoing in any manner; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. If you breach any of the Terms of Use, this limited license will terminate automatically and we will terminate your access to the Site without notice to you. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed materials obtained from the Site. Except as expressly stated in the Terms of Use, you have no right, title or interest in or to the information, documents, software and services provided on the Site.
  • In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide current, accurate and complete information. You are solely responsible for the activity that occurs on your account, and you agree that you are entirely responsible for maintaining the confidentiality of your account password and account information. You must notify CyberLink immediately of unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. CyberLink will not be liable for your losses or damages arising from your failure to comply with this paragraph. You may be liable for the losses of CyberLink or others due to any unauthorized use of your password or account.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the CyberLink servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, CyberLink grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials.
  • You agree not to collect any personal information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
  • CyberLink reserves the right to discontinue any aspect of the CyberLink Live Site at any time without notice and CyberLink may change the Services or computer software at any time without notice.

Intellectual Property Rights

    The content on the CyberLink Live Site, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CyberLink, subject to copyright and other intellectual property rights under Taiwan and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CyberLink or the respective owners. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the CyberLink Live Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CyberLink Live Site or the Content therein.


Computer Software

    Any computer software which may be downloaded or is otherwise available from the Site is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. You will not be able to use, download or install any software unless you agree to the terms of such license agreement. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Site without CyberLink Live’s express prior written consent. You are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted only according to the terms of the license agreement. CyberLink and its licensors retain all title to and reserve all intellectual property rights in and relating to such software. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSED AGREEMENT, CYBERLINK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Warranty Disclaimer

    Although CyberLink has attempted to perform the Services in an industrial manner and has adopted certain technical mechanisms to ensure the security of data or information during the transmitting (connecting) process, CyberLink assumes no responsibility for the inaccuracy, incompleteness or insecurity of the data or information being transmitted (connected) through the Services. YOU AGREE THAT YOUR USE OF THE CYBERLINK LIVE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CYBERLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. CYBERLINK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CYBERLINK LIVE SITE. CYBERLINK DOES NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CYBERLINK LIVE SITE OR ANY HYPERLINKED 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 THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


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) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CYBERLINK LIVE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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. The Site is controlled and offered by CyberLink in Taiwan. CyberLink makes no representations that the CyberLink Live Site is appropriate or available for use in other locations nor is suitable for any computer system. You may refer to the “System Requirements” on the software download page for more details. Those who access or use the CyberLink Live Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

    ALL DISCLAIMERS, LIMITATIONS OF LIABILITIES AND INDEMNITY SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

Indemnity

    You are responsible for maintaining the confidentiality of your account and password(s). You are also responsible for all activities that occur under your account. You hereby agree to indemnify, defend and hold CyberLink and its affiliates, officers, directors, owners, information providers, agents, licensees, licensors ("The Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by The Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by you of these Terms of Use or claims arising from your account. You agree to use your best efforts to cooperate with CyberLink in the defense of any demand, claim, action or suit.


Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CyberLink without restriction.


High Risk Activities

    The services and software are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the service or software could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, CyberLink and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.


Force Majeure

    No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.


Modification of the Site or Terms of Service

    CyberLink reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective immediately after they are posted on the Site (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 the Site and Services, and if applicable, cancel your Account. By continuing to access or use the Site and Services after CyberLink makes any such modification, you agree to be bound by the revised Terms of Service. 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 Site and/or Services.


Special Admonitions for International Use

    The Site is owned, controlled and offered by CyberLink in Taiwan. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site 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.


Claim Must Be Filed Within One Year

    Any claim related to this contract or these Terms of Use 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.


General

    These Terms of Use shall be governed by the laws of Taiwan, R.O.C., without respect to its conflict of laws principles. Any claim or dispute between you and CyberLink that arises in whole or in part from the CyberLink Live Site shall be decided exclusively by the Taipei District Court. These Terms of Use, together with the Privacy Notice and any other legal notices published by CyberLink on the Site, shall constitute the entire agreement between you and CyberLink concerning the CyberLink Live Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CyberLink's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CyberLink reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the CyberLink Live Site following any amendment of these Terms of Use will be deemed your assent to and acceptance of its revised terms.

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