ACCEPTANCE OF TERMS
YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS TO THE SITE.
Access to the Site
Subject to these Terms. IOT grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions.The rights approved to you under these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any contents of the Site, nor access to any contents of this Site in order to build a similar or competitive website; (b) you shall not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, nor change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site.
IOT reserves the right to change, suspend, or terminate your access to any or all part of this Site with or without notice to you. You agree that IOT will not be held liable to you or any third party for such change, suspension, or termination.
No Obligation to Support.You are aware of and agree that IOT shall have no obligation to provide you with any support in connection with the Site.
Except for any User Content that you may provide, you are aware of that all the intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, with respect to this Site or its content are owned by IOT or its suppliers. Note that nothing contained in these Terms grant you any rights, title or interest in or to any intellectual property rights, except for the limited license expressed above. IOT and its suppliers reserve all other rights not granted under these Terms.
User Content."User Content" means any and all information and content you submit to the Site. You shall take full responsibility for your provided User Content. Your provided User content is not in any way sponsored or endorsed by IOT. You shall bear all risks associated with your provision and third-party’s use of your User Content. You hereby represent and warrant that your provided User Content does not violate our Acceptable Use Policy. IOT is not obliged to backup any User Content that you post. IOT reserves the right to remove or modify your provided User Content from this Site without prior notice to you.
Upon your provision of User Content on this Site, You agree to grant to IOT an irrevocable, nonexclusive, royalty-free and fully paid, sublicensable, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content solely for the purposes of including your User Content in the Site. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
The following terms constitute our "Acceptable Use Policy": You SHALL NOT use the Site to collect, upload, transmit, display, or distribute any User Content:
- that infringes or violates the rights of IOT or any third party;
- that is in violation of any applicable laws or regulations, such as any action that is harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, defamatory, false, intentionally misleading;
- that is in violation of good customs, such as pornographic, obscene, patently offensive, promotes racism;
- that is harmful to minors in any way; or
- that is in violation of any obligations or restrictions imposed by any third party.
In addition, you agree not to:
- upload, transmit, or distribute to or through the Site any software which may cause damage to or alter a computer system or data;
- send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of duplicative or inappropriate messages; or
- attempt to gain unauthorized access to the Site through any means.
IOT shall have the right to inspect your User Content, and in case that you violate the Acceptable Use Policy or any provision of Terms , IOT at its sole discretion may investigate and/or take appropriate action against you. IOT may remove or modify your User Content, or terminate your account at IOT’s sole discretion.
For any feedback, suggestions and comments you provide, submit or share to the Site, you hereby grant IOT all rights in such feedback, suggestions and comments, and you agree that IOT is entitled to use and exploit such feedback, suggestions and comments in any manner it deems appropriate. IOT will treat any feedback, suggestions and comments you provide to IOT as non-confidential and non-proprietary.
You agree to indemnify and hold IOT and its officers, employees, and agents harmless from and against all liabilities, claims, fines, losses, damages, costs, and expenses (including but not limited to reasonable attorney fees) arising from or in connection with any claim made by any third party asserting that your use of this Site or your User Content:
- infringes, violates or improperly uses rights of others;
- violates our acceptable policy or these Terms; or
- violates any applicable law or regulations.
IOT reserves the right to defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of IOT. IOT will use reasonable efforts to notify you of any such claim, action or proceeding within reasonable time upon becoming aware of it.
Third-Party Links, Ads and Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, resources, and/or advertisements for third-parties (“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of IOT, and you acknowledge and agree that IOT is not responsible for any Third-Party Links & Ads. IOT provides links to these Third-Party Links & Ads only as a convenience, and it does not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services You acknowledge and agree to bear all risk while your use of such Third-Party Links & Ads. IOT suggests you pay appropriate caution when you click on those links. .
Other Users.Each user is solely responsible for its own User Content. Because IOT does not or is not obligated to control User Content, you acknowledge and agree that IOT is not responsible for any User Content. You agree that IOT will not be responsible for any loss or damage incurred as a result of any such interactions. IOT have no obligation or responsibility to become involved in any dispute between you and any Site user arising from the use of User Content
You hereby release and forever discharge IOT and IOT’s officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
IOT and its suppliers expressly disclaim any and all warranties and conditions of the availability, use, validity, security, accuracy, or reliability of the content on this Site or any other web sites linked from this Site. To the extent permitted under the applicable laws, IOT and its suppliers disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
While the information contained within this Site may be periodically updated, no guarantee is given that the information provided in this Site is correct, complete, and up-to-date.
IOT does not guarantee the sequence, accuracy, or completeness of any information or content available in the Site and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom.
IOT does not accept any liability for the consequences arising from the application, use, or misuse of any resources contained on or made available through the Site, including any injury or damage to any person or property as a matter of product liability, negligence, or otherwise.
Limitation on Liability
You acknowledge and agree to bear all risk when you access, use, download any material from or through the Site, and you are solely responsible for any damages or loss of data arising from such access, use or download. You shall make appropriate protection against viruses and other security arrangements while you use the Site.
To the maximum extent permitted under the applicable laws, IOT or its suppliers shall not be liable to you or any third-party for any lost profits, lost data, or any direct, indirect, consequential, exemplary, incidental, special, compensatory or punitive damages arising from or relating to these Terms or your use of, or incapability to use the Site.
To the maximum extent permitted under the applicable laws, notwithstanding anything to the contrary contained in the Terms , IOT’s liability to you for any damages arising from or related to this Terms or use of the Site shall not exceed the amount you paid to IOT for the use of the services of the Site. The limited amount will not enlarge notwithstanding more than one settled claim.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. If IOT determines to terminate your rights under these Terms, your account and right to access and use the Site will terminate immediately. You acknowledge and agree that such termination may involve deletion of your User Content associated with your account from our databases. IOT have no liability to you for such termination or suspension under these Terms.
IOT highly respects the intellectual property of others and asks all users of our Site do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our Site who are infringers of intellectual property rights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work of others, and wish to have the allegedly infringing material removed, please provide the detailed information, including your signature, your claim, the infringing material, and your contact information, in the form of a written notification to us.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of the Site shall be settled by mutual consultation in good faith as promptly as possible, but if you and IOT fail to make an amicable settlement, such disputes shall be settled by arbitration in Hsinchu, Taiwan in accordance with the rules of the Chinese Arbitration Association, Taipei. Such arbitration shall be conducted in Chinese.
This Arbitration Agreement applies to you and IOT, and to its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice Requirement and Informal Dispute Resolution.Before either party may seek arbitration, the party shall provide to the other party a written notice of dispute describing the nature and basis of the claim or dispute. Such notice to IOT shall be sent to: No. 177, Fuxing 1st St., Zhubei City, Hsinchu County 302, Taiwan (R.O.C.). After such notice is received, you and IOT may attempt to resolve the claim or dispute by mutual consultation, and you and IOT shall use good faith to resolve such dispute as soon as possible. In case that such dispute cannot be solved within thirty (30) days after the written notice delivers, either party shall have right to initial an arbitration.
Confidentiality.All aspects of the arbitration proceeding, such as the amount each party claims and the arbitration awards, shall be strictly confidential. The parties shall maintain confidentiality unless otherwise required by law, for the purpose of enforce the arbitration awards, or enforce their rights under the applicable laws.
Severability. If any provision of this Arbitration Agreement are found under the applicable laws to be invalid or unenforceable for any reason, such provision shall be deemed null and void, but all other respects of the Agreement shall remain in full force and effect.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from IOT, or any products utilizing such data, in violation of the United States export laws or regulations.
Electronic Communications. You agree that the communications between you and IOT may be made via electronic means, such as by e-mails or by posting notices on the Site. You further agree that all terms and conditions, notices, disclosures, and other communications that IOT provides to you via electronic means satisfy any legal obligation that the communications should be done in hard copy writing.
Entire Terms.These Terms constitute the entire and sole agreement between you and IOT regarding your access or use of the Site. IOT’s failure to claim or enforce any right or provision shall not construe as a waiver of such right or provision. Headings in these Terms are for convenience only and are not to be used for construing or interpreting the Terms. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will remain valid and such invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted under the applicable laws. You shall not assign, delegate or transfer any rights and obligations from these Terms without IOT’s prior written consent, and any such assignment, delegation or transfer without IOT’s prior written consent shall be deemed invalid.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site, or any materials IOT provides in the Site are IOT’s property or the property of other third-parties. You are not permitted to use these marks without our IOT’s written consent or the consent of such third party which may own the marks.
Address: No. 177, Fuxing 1st St., Zhubei City, Hsinchu County 302, Taiwan (R.O.C.)
Email: [email protected]