Terms of Service
ACTi Corporation (“ACTi”) provides its information to User (as defined below) on the Web Pages(as defined below), subject to the following Terms of Service (“TOS”). These TOS stipulates any access to and use of Information (as defined below) by User. User's access to or use of this Information represents that User has read, understood and agreed to accept these TOS.
1.1 “Information“ means the information provided on the web pages (“Web Pages“) available at the domain of ACTi, acti.com, which may include without limitation, product information, service information, price lists, marketing information, literatures, posters, video, software, App, technical guides, troubleshooting database and tools, and Cooperation Partner Information.
1.2 “User“ means the individual accessing or using this Information.
1.3 “Brand Features“ mean the trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
1.4 “Intellectual Property Rights“ means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law and any and all other proprietary rights and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
2. Information Provision and Modification.
2.1 Information Provision.
ACTi will provide this Information for User to access and use on the Web Pages.
2.2 Information Modification.
ACTi is entitled to add, delete, amend or modify any part of this Information without notice and without liability.
3. User Obligations.
3.1 User shall comply with these terms and conditions of these TOS when accessing or using this Information.
3.2 User agree not to distribute any part of this Information in any medium and not to provide any part of this Information for a third party to distribute without ACTi's prior written authorization.
3.3 User agree not to alter or modify any part of this Information.
3.4 User agree not to use this Information for any purpose other than business promotion purposes for ACTi without ACTi's prior written authorization.
ACTi will provide this Information free of charge to User.
5. Intellectual Property Rights and Brand Features.
5.1 Intellectual Property Rights.
ACTi shall own all rights, titles and interests, including without limitation all Intellectual Property Rights relating to this Information (and any derivative works or enhancements thereof). User shall not acquire any right, title or interest therein, except for the limited use rights expressly set forth in these TOS. Any rights not expressly granted herein are deemed withheld.
5.2 Brand Features.
User shall not use ACTi Brand Features without ACTi's prior written authorization.
6. Warranties and Warranty Disclaimer.
User represents, warrants and covenants not to access or use this Information for any illegal purpose or in any illegal manner. Recognizing the global nature of the Internet, User represents, warrants and covenants to comply with all international practices and all laws, regulations and ordinances of Taiwan regarding online conduct. User accessing or using this Information beyond Taiwan shall comply with all laws, regulations and ordinances of other countries.
6.2 Warranty Disclaimer.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY USE OF THIS INFORMATION THEREOF SHALL BE AT USER'S OWN RISK. THIS INFORMATION IS PROVIDED “AS IS” AND ACTI MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF ERROR-FREE, INTEGRITY OF RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. IN NO EVENT SHALL ACTI INTERVENE IN ANY TRANSACTION BETWEEN USER AND ANY THIRD PARTY NOR TAKE ANY RESPONSIBLITY AND LIABLITY THEREOF.
ACTi reserves the right at any time and for any reason to terminate the provision of all or any portion of this Information. ACTi may terminate the provision of all or any portion of this Information immediately if User has breached these TOS.
To the extent permitted by applicable law, User shall indemnify, defend and hold harmless ACTi, its subsidiaries and other affiliates, and its and their officers, directors, agents, co-branders or other partners, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability, costs, losses, damages, claims and demands, including without limitation lawyers’ fees and costs incurred by the Indemnified Parties, arising out of or related to (a) User’s access to or use of this Information; (b) any breach or non-compliance of these TOS by User; (c) infringements of any third party’s rights by User, including but not limited to copyrights, property rights and privacy rights; and (d) any third party’s accusation of indemnification incurred by User’s access to or use of this Information.
9. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACTI, ITS SUBSIDIARIES AND OTHER AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS AND LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR PERSONAL DAMAGES INCURRED BY USER’S ACCESS TO OR USE OF THIS INFORMATION, DAMAGES FOR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF INFORMATION, OR DAMAGES INCURRED BY ANY DETRIMENTAL SOFTMARE, COMPUTER VIRUS OR THE LIKE TRANSMITTED VIA THIS INFORNMATION BY ANY THIRD PARTY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT ACTI WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ACTI'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TOS EXCEED FIVE HUNDRED U.S. DOLLARS ($500).
10.1 User may not assign or transfer any rights or obligations under these TOS without the prior written consent of the ACTi. However, ACTi shall be entitled to assign or transfer any or all of its rights and obligations without User’s prior consent and without limitation.
10.2 No delay or failure by ACTi to exercise any right or remedy under these TOS will constitute a waiver of such right or remedy.
10.3 If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
10.4 These TOS shall be governed by and construed in accordance with the laws of Taiwan, excluding its choice of law provisions and both Parties agree that Taiwan Shihlin District Court have the exclusive jurisdiction of first instance on any dispute arising in connection with these TOS between the Parties.
10.5 These TOS constitute the full and complete understanding and agreement between the Parties relating to the subject matter hereof and supersedes all prior and contemporary discussions, understandings and agreements, whether oral or written, with respect to such subject matter.
10.6 ACTi reserves the right to change or modify any of the terms and conditions contained in these TOS from time to time, by posting the new TOS on these Web Pages. User is responsible for regularly reviewing any updates to these TOS. Any changes or modifications to these TOS will become binding by User's continued access to or use of this Information after such terms have been updated by ACTi.
10.7 The section titles in these TOS are for convenience only and have no legal or contractual effect.