htc DEV

WELCOME TO HTC DEVELOPER. THE FOLLOWING HTC DEVELOPER TERMS AND CONDITIONS ARE BETWEEN YOU AND HTC CORPORATION OF NO. 23 XINGHUA ROAD, TAOYUAN CITY AND COUNTY 330, TAIWAN, REPUBLIC OF CHINA (EMAIL ADDRESS: .(JavaScript must be enabled to view this email address) OR .(JavaScript must be enabled to view this email address)) WITH COMPANY REGISTRATION NUMBER 16003518 AND ITS AFFILIATES (“HTC”) AND CONSTITUTE A LEGAL AGREEMENT THAT GOVERNS YOUR USE OF THE HTC DEVELOPER PRODUCT, SOFTWARE, SERVICES AND RELATED WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). HTC OFFERS YOU ACCESS TO THE SERVICE CONDITIONED ON YOUR ACCEPTANCE OF THESE HTC DEVELOPER TERMS AND CONDITIONS, INCLUDING YOUR AGREEMENT TO THE PRIVACY STATEMENT AND [THE HTC CODE OF CONDUCT] EACH AS AMENDED FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”), WHICH ARE PART OF AND INCORPORATED INTO THESE TERMS AND APPLY TO YOUR USE OF THE SERVICE. “YOU” MEANS AN INDIVIDUAL WHO ACCESSES OR USES THE SERVICE.

HTC’S PRIVACY STATEMENT CONTAINS INFORMATION ABOUT HTC’S PRACTICES FOR COLLECTION AND USE OF INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICE. YOU AGREE THAT HTC MAY COLLECT, USE, TRANSMIT, PROCESS AND STORE INFORMATION RELATED TO YOU, YOUR ACCOUNT AND DEVICES REGISTERED UNDER IT TO OPERATE AND PROVIDE THE SERVICE. PERSONAL INFORMATION COLLECTED THROUGH THE SERVICE MAY BE STORED AND PROCESSED IN THE UNITED STATES, TAIWAN, THE NETHERLANDS, SINGAPORE AND ANY OTHER COUNTRY IN WHICH HTC OR ITS SERVICE PROVIDERS MAINTAIN FACILITIES. BY USING THE SERVICE, YOU CONSENT TO THE TRANSFER OF INFORMATION OUTSIDE OF THE COUNTRY WHERE YOU RESIDE, INCLUDING JURISDICTIONS THAT MAY NOT HAVE DATA PRIVACY LAWS THAT PROVIDE EQUIVALENT PROTECTION TO SUCH LAWS IN YOUR HOME COUNTRY. PLEASE REVIEW THE PRIVACY STATEMENT.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY CLICKING A BOX THAT INDICATES YOU AGREE TO THE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER FOR OR USE THE SERVICE. BY REGISTERING OR USING THE SERVICE, YOU CERTIFY THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR IF YOU ARE UNDER THE AGE OF 13, DO NOT ACCESS OR USE THE SERVICE. HTC RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME.

Passwords; Attribution of Electronic Acts to You

You may be required to register for the Service with a user name and password. If you register, you must provide HTC with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used in connection with the Service, HTC may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify HTC immediately of any unauthorised use of your account or any other breach of security at the e-mail address: .(JavaScript must be enabled to view this email address).

Your Conduct

The Service contains communication features designed to enable you to communicate with HTC and the public at large. You agree to use the Service only to post, send and receive messages, material and other content that are appropriate and related to the purpose of the Service. You agree that when using the website, you will not engage or attempt to engage in any improper uses. [Improper uses include violations of the Code of Conduct.]

If HTC suspects violations of this Section, HTC may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with HTC in investigating suspected violations. HTC reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that HTC considers to be illegal or violations of these Terms.

Disclaimer

THE SERVICE, INCLUDING WITHOUT LIMITATION, UPDATES, UPGRADES AND PATCHES FOR THE SOFTWARE INSTALLED ON YOUR DEVICE THAT YOU DOWNLOAD TO YOUR DEVICE FROM THE SERVICE, IS PROVIDED BY HTC ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR THE COMPLETENESS OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR AVAILABLE ON THE SERVICE. HTC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Links to Third Party Sites

The Service may contain links to third-party websites, which are not under the control of HTC. We make no representations or warranties whatsoever as to any other website to which you may have access through the Service. When you access a non-HTC website, you do so at your own risk and HTC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. HTC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

User Content

Content may be posted to the Service by users. “User Content” means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that is posted to the Service by users of the Service (except Feedback, defined in Section REF _Ref296706705 MERGEFORMAT 7). All User Content is the sole responsibility of the person from whose account the User Content originated. You are solely responsible for all User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through your account. HTC may not control the User Content posted or transmitted using the Service and it does not guarantee the accuracy, integrity or quality of any User Content. Although HTC does not pre-screen the User Content, HTC reserves the right to determine whether any User Content is appropriate and in compliance with these Terms, and may pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time in its sole discretion, without prior notice. HTC does not guarantee the security or availability of any User Content transmitted or stored using the Service, and makes no representations that it will monitor access or use of the Service.

License to User Content

HTC does not claim ownership of User Content you submit or make available using the Service. However, by submitting, posting or transmitting User Content and personally identifiable information on areas of the Service that are accessible by other users or the public, you grant to HTC and those members of the public who have access to that User Content a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that User Content on the Service, and to publish your name and other personally identifiable information in connection with that User Content. By submitting, posting or transmitting User Content on areas of the Service that are accessible to other users or the public, you represent and warrant that you are the owner of that User Content or have authorization to distribute it and that the use and publication of the User Content does not violate any law. You understand that in order to provide the Service and make your User Content available on it, HTC may transmit your User Content across various public networks, in various media, and may reproduce, modify or change your User Content to store and retrieve the User Content, to make it available to you and other members of the public, to comply with technical requirements, and otherwise in connection with operation of the Service.

Feedback

If you submit or provide suggestions for improving HTC products and services (“Feedback”) to HTC, you irrevocably assign to HTC all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from HTC and you waive any moral rights you may have in the Feedback. Further, you irrevocably waive and agree never to assert any claims against HTC or any of HTC’s successors in interest with respect to Feedback you submit or provide to HTC.

HTC Content; Proprietary Rights; Licence; Updates

“HTC Content” means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that HTC and its licensors provide to you in connection with the Service. HTC and its licensors own all HTC Content, including the selection and arrangement of the HTC Content and the “look and feel” of the Service. HTC and its licensors own all legal rights, title and interest in and to the Service, HTC Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with the Service (the “Software”), including any and all intellectual property and other proprietary rights that exist therein. HTC grants you a personal, non-exclusive, nontransferable, limited licence to use the Software as provided to you by HTC as part of the Service and in accordance with these Terms. HTC may from time to time send you updates to the Software which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements, improvements, or new versions of the Software. You hereby agree that HTC may automatically deliver these updates to you and you will receive and install them on your device as required.  Except as expressly notified by HTC to you upon your download of the Software, as expressly set out in these Terms (including in Section REF _Ref296709734 MERGEFORMAT 9), or as required to be permitted by any local law, you undertake: (a) not to copy the Software; (b) not to rent, lease, sub-license, loan, translate, merge with any other programs, adapt, vary or modify the Software; (c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things; (d) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without the prior written consent of HTC; (e) not to use the Software in a fraudulent manner or for any fraudulent purposes; (f) remove any proprietary notices or labels from the Software; and (g) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system that is part of or used in connection with the Software.  This Section REF _Ref297541127 8 shall not apply to the developments or modifications of HTC Content created by you as a consequence of your use of the tools, information and materials provided to you by HTC on the Service.

Development licence to you from HTC

HTC grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use such information, software and other materials that HTC expressly provides to you for the sole purpose of enabling you to use the Service as provided by HTC to develop applications, products or enhancements to such information, software and other materials for the benefit of other HTC users, that may otherwise be considered to be HTC Content and which are provided to you by HTC as part of the Service.

Applicable Law and Forum

Regardless of conflict of laws principles, the laws of England and Wales govern these Terms and the interpretation thereof. You and HTC agree to submit to the exclusive jurisdiction of the Courts of England and Wales for any and all disputes, claims and actions arising from or in connection with the Service and these Terms. The United Nations Convention on the International Sale of Goods is expressly excluded from application to these Terms. You will not use or export anything from the Service (including Software) in violation of U.S. export laws and regulations or these Terms. Any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be barred.  Notwithstanding the foregoing, HTC’s products offered for sale, if any, on this website are sold subject to HTC’s then-current Terms and Conditions of Sales without disturbance to these Terms on this page. The Terms will be superseded automatically after HTC releases or revises the new content available on this website.

Copyright Notice and Takedown Procedures

You agree to respect the intellectual property rights of HTC and third parties. If you believe that material available through the Service infringes the copyright of any third party, please notify HTC’s copyright agent by using the notice procedure described at Notice and Procedure for Making Claims of Copyright Infringement. After receiving notice, HTC may remove or disable access to any infringing material. HTC has the right to terminate any account or right of access to the Service for infringement of HTC’s or others’ rights.