Welcome to PowerColor. (PowerColor®) Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
PowerColor Terms of Service
- ACCEPTANCE OF TERMS
TuL Inc. ("PowerColor") welcomes you. PowerColor provides the PowerColor Services (defined below) to you subject to the following terms of service ("TERMS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TERMS at any time at: http://info.yahoo.com/legal/us/yahoo/uTerms/uTerms-173.html. By accessing and using the PowerColor Services, you accept and agree to be bound by the terms and provision of the TERMS. In addition, when using particular PowerColor owned or operated services, you and PowerColor shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or ruleshereby incorporated by reference into the TERMS. PowerColor may also offer other services that are governed by different Terms of Service.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the PowerColor Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the PowerColor Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the PowerColor Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PowerColor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PowerColor has the right to suspend or terminate your account and refuse any and all current or future use of the PowerColor Services (or any portion thereof). Parents of children under the age of 13 who wish to allow their children access to the PowerColor Services must certify that you are at least 18 years old and that you are the legal guardian of the child/children. Please remember that the PowerColor Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the PowerColor Services areas and/or Content is appropriate for your child.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the PowerColor Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PowerColor of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PowerColor cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by PowerColor in the user interface for any Service .In consideration for PowerColor granting you access to and use of the Services, you agree that PowerColor may place such advertising on the Services.
- You acknowledge, consent and agree that PowerColor may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a)comply with legal process; (b) enforce the TERMS; (c)respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e)protect the rights, property or personal safety of PowerColor, its users and the public.
- POWERCOLOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE POWERCOLOR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (b)THE POWERCOLOR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POWERCOLOR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (d)THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE POWERCOLOR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- PowerColor may at any time, terminate its legal agreement with you if: PowerColor is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service.
- You agree that, except as otherwise expressly provided in this TERMS, there shall be no third-party beneficiaries to this agreement.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- The Services may include hyperlinks to other web sites or content or resources. PowerColor may have no control over any web sites or resources which are provided by companies or persons other than PowerColor.
- You acknowledge and agree that PowerColor is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that PowerColor is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT POWERCOLOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH POWERCOLOR MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE POWERCOLOR WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- THE LIMITATIONS ON POWERCOLOR’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT POWERCOLOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to PowerColor (or by other persons or companies on their behalf).
- You agree to not use the PowerColor Services to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a PowerColor official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PowerColor Service;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the PowerColor Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the PowerColor Services or servers or networks connected to the PowerColor Services, or disobey any requirements, procedures, policies or regulations of networks connected to the PowerColor Services, including using any device, software or routine to bypass our robot exclusion headers;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
- You agree that PowerColor may, without prior notice, immediately terminate, limit your access to or suspend your PowerColor account, any associated email address, and access to the PowerColor Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TERMS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the PowerColor Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the PowerColor Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in PowerColor's sole discretion and that PowerColor shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the PowerColor Services.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PowerColor Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PowerColor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the PowerColor Services.
- You acknowledge and agree that the PowerColor Services and any necessary software used in connection with the PowerColor Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the PowerColor Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by PowerColor or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the PowerColor Services, such Content or the Software, in whole or in part.
PowerColor grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the PowerColor Services. You agree not to access the PowerColor Services by any means other than through the interface that is provided by PowerColor for use in accessing the PowerColor Services.
- PowerColor may provide you with notices, including those regarding changes to the TERMS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the PowerColor Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TERMS by accessing the PowerColor Services in an unauthorized manner. Your agreement to this TERMS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the PowerColor Services in an authorized manner.
- You and PowerColor each agree that the TERMS and the relationship between the parties shall be governed by the laws of Taiwan without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TERMS, or the relationship between you and PowerColor, shall be brought exclusively in the courts located in the county of Taipei Court . You and PowerColor agree to submit to the personal jurisdiction of the courts located within the county of Taipei, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
February 13, 2009.
TUL™, Powercolor® , Power iA®, CP® Technology, are all trademarks of TUL Corporation. All other trademarks shown on our website are properties of their respective owners. All rights reserved. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise any license or right to use any trademarks displayed on this website without prior written consent of TUL or other trademarks owners.
The Materials and Services on this web site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this website may violate such laws. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by TUL or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of TUL.
No Warranty and Disclaimer
THE MATERIALS ON THIS WEBSITE ARE PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL TUL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF TUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . TUL AND ITS SUPPLIERS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. FURTHERMORE, IN NO EVENT SHALL TUL OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FOR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIBERATIONS MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
Your use of this website shall be governed in all respects by the laws of the Republic of China without regard to the conflict of law provision. You agree that the exclusive jurisdiction over any legal proceeding directly or indirectly arising out of or relating to the use of this website shall be the Taipei District Court of the Republic of China.
TUL Legal Affairs for Notice of claims of copyright infringement can be reached as follows:
7F-7, No. 79, Hsin Tai Wu Rd. Sec. 1,Hsi-Chih, Taipei Hsien, Taiwan 221
By telephone: +886-2-8698-3000
By fax: +886-2-8698-3456