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| TERMS OF USE Acceptance PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OR ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (provide link to Privacy Policy). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HANVON CORPORATION. THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE. These Terms of Use apply to the entire content of this website under the domain name usa.hanvon.com, to the products and services offered on the site, to any associated websites owned or operated by us (collectively referred to as "Sites"), and to any correspondence by e-mail between you and Hanvon. Unauthorized use of Hanvon¡¯s Sites and systems, including but not limited to, unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Sites, is strictly prohibited. You acknowledge that we may disclose and transfer any information that you provide through the Sites to (i) any Hanvon¡¯s affiliate, agents, suppliers, or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the Sites you agree to such transfers. Use of the Sites may be monitored, tracked and recorded. Anyone using the Sites expressly consents to such monitoring, tracking and recording. Intellectual Property Notices The content and works of authorship contained in the Sites, including but not limited to, all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Hanvon. Except as otherwise expressly stated herein, these content and work of authorship may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Hanvon¡¯s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. ¡ì 107), as amended, and then, only with notices of Hanvon's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. All trademarks, service marks, logos, trade names, and any other proprietary designations of Hanvon used herein, including the trademark ¡°Hanvon¡±, are trademarks or registered trademarks of Hanvon. Any other trademarks, service marks, and trade names are the trademarks or registered trademarks of their respective parties. You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing on any content except the content created by you. Content on Our Sites The information on the Sites is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. The information and materials contained in the Sites, the Terms of Use, the Privacy Policy, and the access to and use of such information and materials, are subject to change without notice. Products and services described as well as any associated fees and charges may differ among various geographical locations and resellers. Not all products and services are offered at all resellers. You agree that (i) you will not engage in any activities related to the Sites that are contrary to applicable law, regulation or the terms of any agreements you may have with us; and (ii) in circumstances where locations of the Sites require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. Our Sites may include content that we create, that our partners and suppliers create, and that our users create. Some materials published on our Sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and/or Flash animation, are protected by our copyrights or trademarks or those of our partners and suppliers. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of those materials or contents in whole or in part. If you would like to request permission to use any of those contents on our Sites, please contact info@hanvon.com. We do not guarantee the accuracy, integrity, or quality of the content on our Sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, forums, message board, or feedback sections of our Sites. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms of Use or that is otherwise objectionable. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to our Sites. After posting your content to our Sites, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. HANVON OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO USERS. FURTHERMORE, BY OFFERING THE SITES AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITES, NO DISTRIBUTION OR SOLICITATION IS MADE BY US OR OUR SUPPLIERS TO ANY PERSON TO USE THE SITES OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITES AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW. Your Conduct On Our Sites If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you failed to comply with these requirements. The technology and software underlying our Sites is the property of Hanvon. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites. You agree not to modify the technology and software underlying our Sites in any manner or form or to use modified versions of such technology or software, including (without limitation) for the purpose of obtaining unauthorized access to our Sites. Without limiting the foregoing, you agree that you will not use our Sites to take any of the following actions: (1) Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; (2) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; (3) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Sites, any software or hardware, or telecommunications equipment; (4) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; (5) Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (6) Download any file that you know or reasonably should know cannot be legally obtained in such manner; (7) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; (8) Restrict or inhibit any other user from using and enjoying any public area within our Sites; (9) Collect or store personal information about other end users; (10) Interfere with or disrupt our sites, servers, or networks; (11) Impersonate any person or entity, including, but not limited to, a Hanvon¡¯s representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (12) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Sites or to manipulate your presence on our Sites; (13) Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; and (14) Engage in any illegal activities. Third-Party Sites Our sites contain links to other websites owned by third parties. We are not responsible for the privacy practices or the content of these other websites. Links to these third party websites are provided solely as pointers to information on topics that may be useful to our site, and we have no control over the content on those third party websites. If you choose to link to a website not controlled by us, we make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to those third party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. Disclaimer HANVON MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES OR OTHERWISE, AND DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES¡¯ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. Limitation of Liability YOU ACKNOWLEDGE THAT HANVON SHALL NOT BE LIABLE FOR THE CONTENT CREATED BY YOU, HANVON AND ANY THIRD PARTY, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES AND THE SERVICES AVAILABLE THROUGH THE SITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. To the full extent permitted by law, and subject to the limitation of the following, Hanvon¡¯s liability to you for any damages, including but not limited to damages that result from Hanvon¡¯s or any third party¡¯s use of the content or from any authorized or unauthorized use of the Sites will be limited to amounts paid by you to Hanvon hereunder (if greater than zero). IN NO EVENT SHALL HANVON BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, OR STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY SERVICES AVAILABLE THROUGH THE SITES, EVEN IF HANVON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HANVON¡¯S CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS OF USE WILL BE LIMITED TO US$500.00 REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. You acknowledge that Hanvon has set its prices and entered into this Terms of Use in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the limitation of liability so the foregoing limitation may not apply to you. Miscellaneous You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Hanvon may assign its rights and delegate its duties under this Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and Hanvon. The failure of Hanvon at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use will be governed by California law without regard to or application of choice-of-law rules or principles and will be adjudicated in the federal or state courts located in the County of Orange, California. You hereby consent to personal jurisdiction and venue therein. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If for any reason a court of competent jurisdiction finds any provision of this Terms of Use invalid or unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible and the other provisions of this Terms of Use will remain in full force and effect. The headings and captions are for convenience only and are not to be used in the interpretation of this Terms of Use. This Terms of Use constitutes the complete and exclusive understanding and agreement between you and Hanvon regarding your use of our Sites and any non-Commercial Content available therein, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter. If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Sites, please contact us at: info@hanvon.com. |
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