Terms of Use
ASUSTeK Computer Inc. ("ASUS"), the owner of XX service and website (collectively “ASUS”, “XX”, ”we”, ”us”) makes available for your use on this website (the "Site") with information, documents, software and products (collectively, the "Materials") and various content services operated by XX (collectively, the "Service"), subject to the terms and conditions set forth in this document (the "Terms of Use"). For users who are twenty (20) years of age, or the legal age of your location or below, a legal guardian must be present while reading the Agreement. If you or your legal guardian does not agree with the Terms of Use, please stop using the Site immediately. By clicking on the “accept” or “yes” button or otherwise assent electronically, by installing or using XX, you are indicating that you have read and understood this Agreement, and that you agree to be bound by all of its terms and conditions. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.
XX reserves the right, at any time and its sole discretion, to:
Change, modify, add or remove portions of this Terms of Use;
Change the Site, including eliminating or discontinuing any content or feature of the Site;
Change any fees or charges for use of the Site.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
- General Use – Permissions and Restrictions
These Terms of Use apply to all users of the XX website. By accessing the Site, you agree not to:
a. Distribute in any medium any part of the Site.
b. Alter or modify any part of the Site.
c. Access the content through any technology or means other than legally provided by the Service.
d. Use the Site or its embedded player for any commercial use.
- Privacy
Except as otherwise expressly provided for in the Terms of Use, the Service is subject to XX’s Privacy Policy. If you have not read or do not agree to the Privacy Policy, do not access the Service.
- Purchase of XX Content
a. Product Requirements
The Service are currently available only through our Eee Family products. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Accessing the Service may require the use of software products. The Service may provide the option of downloading or streaming the content to your Eee Family Products. XX is not responsible for any loss, destruction, or damage once software or content product is purchased or downloaded.
- Offensive Material
By accessing the XX, you understand you may encounter material deemed offensive, indecent, or objectionable in various representations which content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and that XX shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Application category, sub-category and content descriptions are provided for convenience, and you acknowledge and agree that XX does not guarantee their accuracy.
- Claims of Copy Right Infringement
The trademarks, logos and service marks ("Marks") displayed on this Site are properties of ASUS or other third parties. You are not permitted to use the Marks without the prior written consent of ASUS or such third party which may own the Marks. XX and the XX logo are trademarks of XX and ASUS.
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. XX and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. No portion of the information (including without limitation documents, photos, Materials and Services) on this Site may be reproduced or used in any form or by any means without the prior written permission of XX. No license under any copyrights, patents or any other intellectual property rights is either granted or implied by the furnishing of information hereunder.
By sending any information, material, ideas, concepts or techniques (“Feedbacks”) to XX, you acknowledge and agree that: (i) your Feedbacks shall not contain confidential or proprietary information; (ii) XX is under no obligation of any kind of confidentiality, express or implied, regarding the Feedbacks; (iii) XX shall be entitled to use or disclose, at XX’s sole discretion, the Feedbacks for any purpose, in any way, worldwide; (iv) your Feedbacks shall become the property of XX without any obligation of XX to you; and (v) you are not entitled to any compensation or reimbursement of any kind from.
- Notices
XX may send notices with respect to the service by sending an e-mail to your e-mail address listed in the XX contact information. Either by sending a letter directly to your e-mail address listed in the contact information or by posting it on the XX website, the notice shall become effective immediately.
- Delivery of Service
On occasion, technical problems may delay or prevent delivery of your Service. Your exclusive and sole remedy with respect to Service that is not delivered within a reasonable period will be either replacement of such Service, or refund of the price paid for such Service, as determined by XX. Otherwise, no refunds are available.
Your order may be authorized and billed in gradual increments during one transaction session as you click the "Buy" button.
- Termination
The Service is available until terminated by you or the supplier, or by XX acting as commissionaire for the supplier. Your rights under this Term of Use will terminate automatically if you fail to comply with any term(s) of this Term of Use. Upon termination of the Term of Use, you shall cease all use of the Service, and destroy all copies, full or partial, of the Service. Such termination will become effective upon the electronic transmission of notification of such termination issued by the supplier or by XX to the email address listed in the contact information.
- Governing Law
The laws of the Republic of China, Taiwan, excluding its conflicts of law rules, govern this Term of Use and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
- Warranty and Disclaimer
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS". TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FOR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT XX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
This Site contains links to supplier websites that are not under the control of XX. XX makes no representations whatsoever about any other website to which you may have access through this Site. XX provides these links merely as a convenience and the inclusion of such links does not imply that XX endorses or accepts any responsibility for the content or uses of such websites.
- Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE SERVICE OR THE SUPPLIER OR ASUS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall supplier’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Indemnification
You agree to indemnify and hold XX and ASUS, and its affiliates, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.