ACCEPTANCE OF TERMS
MoovieLive's Terms of Service: Effective December 1, 2007
Welcome to MoovieLive!
CyberLink Corporation ("CyberLink," "we" or "us") provides an on-line community for movie fans where users can set up a profile with all of their movie ratings, favorites, lists, remixes and more, connect their profile with friends and meet new people with similar interests or tastes (the "Services") through our website located at www.moovielive.com (the "Site"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and CyberLink Corporation with respect to the MoovieLive services and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "MoovieLive Users").
1. Description of MoovieLive Services.
MoovieLive provides MoovieLive Users an on-line community for movie fans where MoovieLive Users can set up a profile with all of their movie ratings, favorites, lists, remixes, forums, shopping, personalized content and more, connect their profile with friends and meet new people with similar interests or tastes. MoovieLive may also provide you real-time business information with respect to CyberLink software products and a link for you to purchase such software products.
Unless explicitly stated otherwise, any new content or features that augment or enhance the Services shall be subject to these Terms of Service. You understand and agree that the Site and Services are provided AS-IS, WITH ALL FAULTS and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Member information, communications or personalization settings.
2. Registration and Eligibility.
a. To become a Member or MoovieLive User, you must be at least 13 years old. If you are not 13 years old, you may not access or use the Site or Services. If you have attained the age of 13 years but have not attained the age of 18 years; you must obtain the approval from your parent or legal guardian to become a Member. In order to access certain features of the Site and Services, and to post User Submissions (defined below), you will have to become a Member and set up a CyberLink account ("Account"), with a corresponding username and password. You may never use another person's account without permission. Your username and password will permit you to access certain secure areas of the Site only available to Members.
b. You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify CyberLink immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify CyberLink immediately so that a new user name or password can be created.
c. 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 we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have 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). Although CyberLink will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of CyberLink or others due to such unauthorized use.
d. If you become a Member and create an Account, you consent to the use of electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service.
Certain types of content are made available through the Site. "CyberLink Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, video files and other content and information made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. By posting or otherwise providing your submission, you are granting to the public unrestricted and unconditional permission to:
a. Use, copy, distribute, display, publish and modify your submission;
b. Publish your name in connection with your submission; and
c. Grant these permissions to other persons.
This Section 3 only applies to legally permissible content and only to the extent that use, copying, distribution, display publishing or modification of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the Site or the Services at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this Section. In this regard, refer to Section 7(b) for the representation and warranty you make with respect to each of your submissions.
CYBERLINK RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CYBERLINK CONTENT OR USER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.
4. Your Obligations in Using the Site and Services.
The Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
a. Circumvent, disable or otherwise interfere with security related features of the Site, Services or features that prevent or restrict use or copying of any CyberLink Content or that enforce limitations on use of the Site, Services or the CyberLink Content therein.;
b. Upload, post, email, route, store, provide connections to or otherwise transmit any material (i) to which you do not have the lawful right to copy, transmit, display and modify (including any material that would violate any confidentiality or fiduciary obligations that you might have with respect to the material); (ii) for which you do not have the consent or permission of each identifiable person in the material to use the name, voice, signature, photograph, likeness or other identifying characteristics of each such person (to the extent each is implicated by the material) and such consent or permission is necessary; or (iii) that infringes the intellectual property rights or violates the privacy or other rights of any third party or otherwise violates or promotes the violation of the intellectual property rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing or incorporating a CyberLink name, MoovieLive.com domain name, trademark, URL or product name;
d. Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
e. 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;
f. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive, false or misleading source-identifying information;
g. Upload, post, email, or otherwise transmit, via the Site or Services, any User Submissions 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;
h. Upload, post, email, or otherwise transmit any User Submissions 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 MoovieLive Users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
i. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic or communicative nature of the User Submissions;
j. Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Services; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of CyberLink's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
k. Attempt to probe, scan or test the vulnerability of the Site or any CyberLink system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
l. Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, or attempt to do any of the foregoing;
m. Access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by CyberLink or other generally publicly available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks, or attempt to do any of the foregoing;
n. Collect or store personal data about other MoovieLive Users without their express permission;
o. 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;
p. Use the Site or Services in any manner not permitted by this Agreement;
q. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;
r. Harm or attempt to harm minors in any way;
s. Stalk or otherwise harass another, or attempt to do the same;
t. Use the service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, distributors, and/or vendors (collectively, the "CyberLink parties"), or any customer of or supplier to a CyberLink party; or
u. Resell or redistribute the service, or any part of the Service.
You acknowledge that we do not pre-screen any User Submissions you make, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Site and/or Services. You acknowledge and agree that we may preserve Information and may also disclose Information 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 Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of CyberLink, MoovieLive, its MoovieLive Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Services 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. Termination; Cancellation.
a. We may change the Site and/or Services, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach or threaten to breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Site and/or Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. CyberLink is not liable to you or any third party for termination of the Site and/or Services or termination of your access to or use of the Site and/or Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Site and/or Services are cancelled or suspended, any data you have stored on the Site and/or in connection with the Services may not be retrieved later. CyberLink will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. You may deactivate your Account at any time and for any reason by clicking 'Deactivate Account' on the 'My Account' page of the Site. Upon any deactivation by a Member, the related Account will no longer be accessible in the next 24 hours. However, you can reactivate your account again anytime.
c. Any suspension, termination or cancellation will not affect your obligations to CyberLink under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
6. Third Party Links.
The Site 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 Site, 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.
7. Intellectual Property Rights and Ownership.
a. Content. You may access and use the Site, Services, CyberLink Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, CyberLink Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, CyberLink Content, User Submissions (other than your User Submissions). CyberLink and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Site, Services, CyberLink Content and the trademarks, service marks and logos contained therein other than your User Submissions. CyberLink reserves all rights not expressly granted in and to the Site, Services and CyberLink Content. You agree to not engage in the use, copying, distribution or modification of any of the CyberLink Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Site for any commercial purposes.
b. User Submissions.
(i) License Grant. CyberLink does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to CyberLink or on the Site, you hereby grant CyberLink a non-exclusive, worldwide, royalty-free, sublicensable, 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 Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. 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 Submissions 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.
(ii) Limitations. You acknowledge and agree that CyberLink may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on CyberLink's servers. CyberLink will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.
(iii) Disclaimer. CyberLink has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by Members, including without limitation any information obtained by using the Site. CyberLink does not endorse any User Submission 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.
(iv) Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CyberLink to locate the material;
d. Information reasonably sufficient to permit CyberLink to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CyberLink's designated Copyright Agent to receive notifications of claimed infringement is: Legal Department, 15F, No.100, Minchiuan Rd., Hsin Tien City, Taipei, Taiwan 231, R.O.C., email: firstname.lastname@example.org , fax: 886-2-8667-1385. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CyberLink customer service through http://www.moovielive.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 7(b)(iv), your DMCA notice may not be valid.
8. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
CyberLink has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who infringe or are believed to be infringing the copyright or other rights of intellectual property rights owners or holders. CyberLink reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CyberLink may remove such User Submissions and/or terminate a MoovieLive User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Disclaimer of Warranties.
YOUR USE OF THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICES 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 AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. CYBERLINK DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, SERVICES, CYBERLINK CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF; (II) THAT THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR (III) IN CONNECTION WITH OR RESULTING FROM (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CYBERLINK CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBERLINK, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SERVICES OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE 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 SERVICES. 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. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. 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) YOUR ACCESS TO OR USE OF THE SITE AND/OR SERVICES OR ANY PORTION THEREOF, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS), (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYBERLINK 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. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER 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.
You agree to defend, indemnify, and hold CyberLink, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney' fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, CyberLink Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Site, and any termination of your Account.
12. 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.
13. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site and/or Services, use of the Site and/or Services, or access to the Site and/or Services, other than in accordance with these Terms of Service.
14. 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.
15. Ability to Accept Terms of Service.
You affirm that you are more than 13 years of age, or have obtained necessary approval from your parent or legal guardian if you are at least 13 years of age but under 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, the Site is not intended for children under 13. If you are under 13 years of age, then please do not access or use the Site.
16. Claim Must Be Filed Within One Year.
Any claim related to this contract or these Terms of Service 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.