The following sets forth your legal agreement with ArcSoft, Inc. and its agents and affiliates (collectively, "ArcSoft"). Your use of any ArcSoft service or web site (collectively, "Service") that link to these terms is subject to these Terms of Service (the "Terms of Service"), which govern your use of the ArcSoft web site at www.arcsoft.com and all associated sites linked to www.arcsoft.com by ArcSoft, its agents and affiliates, including ArcSoft sites around the world (collectively, "Site") and all other services provided to you by ArcSoft. BY ACCESSING OR USING THIS SERVICE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY SERVICES, DOWNLOAD OF ANY PRODUCTS, SOFTWARE OR INFORMATION, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF SERVICE.
ArcSoft reserves the right, at its sole discretion, to change, modify, add or remove portion of these Terms of Service at any time. The revised version of Terms of Service will be posted at the Site. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
All references to "us," "our" and "ArcSoft" in these Terms of Service are intended to refer to ArcSoft, Inc., its agents and its affiliated entities. All references to "you," "your" and "user" in these Terms of Service are intended to refer to the user of the Service.
You agree not to use this Service and any material made available or enabled by ArcSoft, you or other users of the Service (collectively "Materials") for any purpose that is unlawful or prohibited by these Terms of Service. When using the Service and the Materials, you shall be subject to any guidelines, rules, or licenses found on this Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms of Service. ArcSoft has no obligation to store any material that you upload, post, transmit or otherwise make available through your use of the Service ("Your Content"). "User Content" means any material uploaded by you or the other users of the Service.
You are prohibited from posting on or transmitting through this Service any material that: (a) is unlawful, harmful, threatening, abusive, tortious, harassing, defamatory, libelous, vulgar, obscene, sexually explicit, child-pornographic, lewd, profane, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable; (b) infringes any intellectual property right or other proprietary right of any party; (c) contains software viruses, Trojan horses, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (d) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages; (e) advertises or offers to sell or buy any goods or services for any business purpose, unless specially allowed to do so by ArcSoft; (f) use the Service and the Materials such that it will mislead a user of the Service into believing that they are interacting directly with ArcSoft, its affiliates and agents; (g) disrupt or interfere with the security of, or otherwise cause harm to the Service, or any Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked web sites; (h) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
ArcSoft, in its sole discretion, may (but has no obligation to) monitor or review the Service and User Content at any time. ArcSoft shall have the right, in its sole discretion to remove any of Your Content for any reason (or no reason), including if it violates the Terms of Service or any law. If ArcSoft becomes aware of any possible violations by you of any provision of the Terms of Service, ArcSoft reserves the right to investigate such violations and in its sole discretion remove Your Content from the Service. If, as a result of such investigation, ArcSoft believes that criminal activity has occurred, ArcSoft reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, ArcSoft is entitled to retain and/or disclose any information, including Your Content, account information, your identity or electronic communication, in ArcSoft's possession in connection with your use of the Site: (a) to satisfy any law, regulation, or government request; (b) to enforce the Terms of Service; (c) to respond to any claims that the Your Content violates the Terms of Service or rights of third parties; (d) to respond to your requests for customer services; (e) if such disclosure is necessary or appropriate to operate ArcSoft; or (f) to protect the rights or property of ArcSoft, the Service, its users or third parties, including the public at large.
We reserve the right to terminate or suspend your access to all or part of the Service at any time, without notice, for any reason whatsoever. Notwithstanding the foregoing, ArcSoft cannot ensure prompt removal of questionable User Content posted on the Site or distributed by otherwise using the Service. ACCORDINGLY, ARCSOFT DOES NOT ASSUME ANY LIABILITY FOR ANY ACTION OR INACTION BY ARCSOFT WITH RESPECT TO USER CONDUCT, COMMUNICATION, OR USER CONTENT ON THIS SITE OR WHILE USING THE SERVICE.
The software and accompanying documentation that is made available to download from this Site or by otherwise using the Service is the copyrighted and/or patented work of ArcSoft, its suppliers and/or third parties. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Any third-party software available to you on this Site or by otherwise using the Service shall be governed by the software licenses of the respective third party company and such agreement will be between you and the respective company. Please refer to the applicable license to determine the terms on which the software is provided, the license granted to you, the warranties provided for such software and all other relevant terms. Please review the ArcSoft refund and return policy on this Site for information about how to return or receive a refund for ArcSoft software you have purchased on this Site or by otherwise using the Service. You will not be able to download, install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Any copying or redistribution of the software is prohibited, including any copying or redistribution of the software to any other server or location, unless the accompanying license agreement expressly allows otherwise. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on this Site or obtained by otherwise using the Service. ArcSoft does not guarantee that any third-party software you download from this Site or obtained by otherwise using the Service will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. ArcSoft does not offer any warranty on any third-party software you download from this Site or obtained by otherwise using the Service.
The content, information, software, images, audio, video, files, trademarks, logos, graphics, text and documents ("ArcSoft Materials") offered on this Site, as well as their selection and arrangement, are owned, controlled or licensed by or to ArcSoft, and is protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and/or other intellectual property laws. Except as expressly provided herein, ArcSoft and its suppliers do not grant any express or implied rights to use the Service and ArcSoft Materials. You agree not to copy, reproduce, republish, frame, download, transmit, publicly display, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works based on the Service or ArcSoft Materials, or otherwise exploited the Service or any portion of the Service for any commercial purpose, unless expressly authorized by ArcSoft. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ArcSoft or any third party with a presence on the Site or through the Service without our express written consent. You may not use any meta tags or any other "hidden text" utilizing ArcSoft's name or trademarks without our express written consent.
By posting, uploading, inputting, providing or submitting ("Posting") Your Content, you are granting ArcSoft, its affiliates and sublicensees permission to use Your Content in connection with providing the Service, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content and the right to sublicense such rights to any supplier of the Service.
No compensation will be paid with respect to the use of Your Content, as provided herein. ArcSoft is under no obligation to post or use any of Your Content you may provide and ArcSoft may remove any of Your Content at any time in its sole discretion.
By Posting Your Content you warrant and represent that you own or otherwise control all of the rights to Your Content as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit Your Content. In addition, by Posting Your Content that contain image, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images, (b) you have the rights necessary to grant the licenses and sublicenses described above, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, without limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all users of the Service, and/or (b) to the general public, permission to use your Images in connection with the use of the Service, as permitted by these Terms of Service, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Service. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Service, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Your Content, you agree that (a) you do not require any personally identifying information be used in connection with Your Content, or any derivative works thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of Your Content by ArcSoft or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content; and (d) you forever release ArcSoft, and its licensees, successors and assigns, from any claims that you could otherwise assert against ArcSoft by virtue of any such moral rights.
ArcSoft respects the Intellectual Property Rights of others. ArcSoft will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification. If you believe that your work has been used or copied in a way that constitute copyright infringement, and such infringement is posted on the Site or by otherwise using the Service, please contact us by regular mail, fax or email at the following address and provide all relevant details.
46601 Fremont Boulevard
Fremont, CA 94538
The Service is not intended for or directed to persons under the age of 13. ArcSoft cannot prohibit minors from using the Service. ArcSoft must rely on parents, guardians and those responsible for supervising children under the age of 13 to decide which materials are appropriate for such children to view and/or purchase.
We require that use of the Service and all purchases made through it be by individuals who are 13 years of age or older. ArcSoft does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13, nor does ArcSoft sell software products for purchase by children under the age of 13. EACH TIME YOU PURCHASE A PRODUCT, REGISTER WITH THIS SITE OR OTHERWISE USE THE SERVICE OR PROVIDE INFORMATION TO ARCSOFT, YOU ARE REPRESENTING TO ARCSOFT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
You agree not to use or attempt to use another's account or password without authorization from ArcSoft. You agree not to share your password with others. You are entirely responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under such password or account. You agree to (a) immediately notify ArcSoft 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. ArcSoft will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ArcSoft or another party due to someone else using your account or password.
THE SERVICE, INCLUDING THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY ARCSOFT, ARE PROVIDED "AS IS" AND ARCSOFT EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ARCSOFT MAKES NO WARRANTY THAT (a) THIS SITE, THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (b) THIS SITE, THE SERVICES OR THE PRODUCTS WILL BE EFFECTIVE, ACCURATE, UNINTERRUPTED, RELIABLE, ERROR-FREE OR SECURE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THIS SITE OR BY OTHERWISE USING THE SERVICE WILL MEET YOUR EXPECTATIONS; (d) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SERVICE, OR ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; (e) ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE OR OTHERWISE OBTAINED BY USING THE SERVICE WILL BE FREE OF COMPUTER VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURE AND WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM; AND (f) THE SERVICE DOES NOT INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
ARCSOFT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (a) ARCSOFT DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS SITE; (b) ARCSOFT MAKES NO REPRESNTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOST REVENUES OR LOST PROFITS THAT MAY RESULT FROM THE USE OF THIRD PARTY MATERIALS, CONTENT, PRODUCTS OR SERVICES; AND (c) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ARCSOFT SPOKEPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ARCSOFT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCSOFT WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ARCSOFT ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
IN NO EVENT WILL ARCSOFT, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER OR NOT FORESEEABLE OR IF ARCSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ARCSOFT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. ARCSOFT'S AGGREGATE LIABILITY, AND THAT OF ITS SUBSIDIARIES, EMPLOYEES, SUPPLIERS AND DISTRIBUTORS UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDERED UNITED STATES DOLLARS ($100). THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, hold harmless and defend ArcSoft, its officers, directors, employees, agents, successors, subsidiaries, affiliates, sublicensees from and against all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of these Terms of Service or violation of any law or the rights of a third party, by you or anyone acting under your direction, authority or control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password and/or your account.
ArcSoft may make changes to any products or services on this Site or to the applicable prices for any such products or services, at any time, without notice. The materials on this Site with respect to products and services may be out of date, and ArcSoft makes no commitment to update the materials on this Site with respect to such products and services.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site or otherwise made available to you by the Service may refer to products, programs or services that are not available in your country. Contact ArcSoft Support (http://www.arcsoft.com/support) for information regarding the products, programs and services that may be available to you.
The Service is controlled, operated, and administered by ArcSoft from its offices within the United States of America. ArcSoft makes no representation that the Service is appropriate or available for use at other locations outside the United States, and access to the Service from territories where the Service is illegal is prohibited. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws where you reside. See the section on export control laws, below, for further information.
Certain ArcSoft products, including software, documentation, services, and related technical data, available via the Service may be subject to export controls administered by the United States (including, but not limited to, the U.S. Department of Commerce Export Administration Regulations) and other countries, including, controls for re-export under European Union, the Singapore Strategic Goods Control Act, and the import regulations of other countries. Export, re-export or import of products and services may require action on your behalf prior to purchase and it is your responsibility to comply with all applicable international, national, state, regional and local laws and regulations, including any export, import and use restrictions. You agree not to download any content, services or software from ArcSoft or otherwise export or re-export into Cuba, Iraq, Libya, North Korea, Iran, Syria or to any country then subject to U.S. trade sanctions, and/or to any person or entity named on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists. By downloading or using any content, services or software from ArcSoft, you are acknowledging that you have read and understood this provision and agree to comply with all applicable export control laws and you are representing that you are not located in, under the control of, or a national or resident of any prohibited country and are not a prohibited person or entity.
The software available on this Site and accompanying documentation that is downloaded from this Site for or on behalf of the U.S. Government, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the U.S. Government will honor such rights. Disclosure, use or reproduction of the software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 12.211 and 12.212 (Acquisition of Commercial Items). Use of the materials by the U.S. Government constitutes acknowledgment of ArcSoft's proprietary rights in them.
You agree that any dispute relating in any way to your use of the Service shall be resolved exclusively by binding arbitration in Santa Clara County, California, except that, to the extent you have in any manner violated or threatened to violate ArcSoft's intellectual property rights, ArcSoft may seek injunctive or other appropriate relief in any state or federal court in Santa Clara County in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. If this arbitration provision is held to be invalid or otherwise unenforceable for any reason, it will be severed from these Terms of Service and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Santa Clara County in the State of California.
All legal issues arising from or related to the use of the Service shall be construed in accordance with the laws of the State of California without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and ArcSoft with respect to your use of the Service and supersede any prior agreement between you and ArcSoft on such subject matter. ArcSoft's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to reflect the intent of the parties for that provision, and the remainder of the Terms of Service shall continue in full force and effect. You may not assign or otherwise transfer the Terms of Service, or any right granted hereunder, without ArcSoft's written consent. ArcSoft's rights under the Terms of Service are freely transferable by ArcSoft.
Last updated: July 18, 2012