ArcSoft Incorporated
("ArcSoft")
makes this website (the "Site"),
including all information, documents, communications,
files, text, graphics, software, and products
available through the Site and all services
operated by ArcSoft and third parties through
the Site available for your use subject
to the terms and conditions set forth in
this document and any changes to this document
that ArcSoft may publish from time to time.
These Terms of Use ("Terms")
govern your use of the ArcSoft website
at www.arcsoft.com; they do not apply to
other online or offline ArcSoft websites,
products or services of ArcSoft including,
but not limited to, www.photoisland.com
or the Chinese or Japanese versions of
the www.arcsoft.com website. BY
ACCESSING OR USING THIS SITE IN ANY WAY,
INCLUDING,
WITHOUT LIMITATION, USE OF ANY OF THE SERVICES,
DOWNLOADING OF ANY PRODUCTS, SOFTWARE OR
INFORMATION, OR MERELY BROWSING THE SITE,
YOU AGREE TO AND ARE BOUND BY THESE TERMS.
ArcSoft reserves the right to change these
Terms from time to time. It is your responsibility
to review these Terms frequently and remain
informed about any changes to them, so
we encourage you to review these Terms
often.
All references to "us," "our" and "ArcSoft" in
this Agreement are intended to refer to
ArcSoft, Inc. and its affiliate entities.
All references to "you," "your" and "user" in
this agreement are intended to refer to
the user of this Site.
A. Your Use of This Site
You agree not to use this Site for any
illegal purpose and to adhere to these
Terms. When using this Site, 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.
B. Your Conduct on This Site
You are prohibited from posting on or transmitting
through this Site any unlawful, harmful,
threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane,
threatening, invasive of privacy, infringing
of intellectual property rights, hateful,
racially, ethnically, or otherwise objectionable
material of any kind, including but not
limited to any material that encourages
conduct that would constitute a criminal
offense, give rise to civil liability,
or otherwise violate any applicable local,
state, national, or international law.
If we are notified of allegedly infringing,
defamatory, damaging, illegal, or offensive
content provided by you (e.g., through
an online review), ArcSoft may investigate
the allegation and determine in its sole
discretion whether to remove or request
the removal of such content from the
Site. ArcSoft may also disclose any content
or electronic communication of any kind:
(a) to satisfy any law, regulation, or
government request; (b) if such disclosure
is necessary or appropriate to operate
ArcSoft; or (c) to protect the rights
or property of ArcSoft, this Site, or
its users. You may not use or attempt
to use another's account, password, service,
or system without authorization from
ArcSoft. You agree not to disrupt or
interfere with the security of, or otherwise
cause harm to, the Site, or any materials,
system resources, accounts, passwords,
servers, or networks connected to or
accessible through this Site or any affiliated
or linked websites.
We reserve the right to terminate or suspend
your access to all or part of this Site,
without notice, for any conduct, communication,
or content that we deem in our sole discretion
to be unlawful or harmful to you, the ArcSoft
users, the communities that make up this
Site, ArcSoft or any third party. Notwithstanding
the foregoing, ArcSoft cannot ensure prompt
removal of questionable content after online
posting. ACCORDINGLY, ARCSOFT DOES NOT
ASSUME ANY LIABILITY FOR ANY ACTION OR
INACTION BY ARCSOFT WITH RESPECT TO CONDUCT,
COMMUNICATION, OR CONTENT ON THIS SITE.
C. Your Use of Software
The software and accompanying documentation
that is made available to download from
this Site is the copyrighted and/or patented
work of ArcSoft or a third party. 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 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 for information about how to return
or receive a refund for ArcSoft software
you have purchased on this Site. 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. You agree that you will not
decompile, reverse engineer, or otherwise
attempt to discover the source code of
the software available on this Site.
ArcSoft does not guarantee that any third-party
software you download from this Site
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.
D. Intellectual Property
The content, information, software, images,
files, logos, service names, graphics,
text, documents and services ("Materials")
offered on this Site, as well as their
selection and arrangement, are protected
by copyright, trademark, patent, and/or
other intellectual property laws, and
any unauthorized use of the Materials
on this Site may violate such laws and
these Terms. Except as expressly provided
herein, ArcSoft and its suppliers do
not grant any express or implied rights
to use the Materials. You agree not to
copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse
engineer, or create derivative works
based on this Site or its Materials or
their selection and arrangement, except
as expressly authorized herein. In addition,
you agree not to use any data mining,
robots, or similar data gathering and
extraction methods in connection with
this Site. This Site or any portion of
this Site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise
exploited for any commercial purpose
without our express written consent.
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 without our
express written consent. You may not
use any meta tags or any other "hidden
text" utilizing our name or trademarks
without our express written consent.
E. Copyrights
ArcSoft is committed to protecting individuals'
copyrights. Each image submitter is required
by US law to own the right to or to obtain
permission to use any image before the
image is uploaded or printed on this
Site or provided to ArcSoft for any reason,
including, but not limited to contests,
technical support or display on the Site.
If you believe that your work has been
copied in a way that infringes your copyrights,
please contact us at the following address
and provide all relevant details.
Legal Counsel
ArcSoft, Inc.
46601 Fremont Boulevard
Fremont, CA 94538
Voice: 510-440-9901
Fax: 510-979-5592
legal@arcsoft.com
ArcSoft may request confirmation of the
copyright ownership from the submitter.
ArcSoft reserves the right to not accept
any images or information for any contests
or other purposes until such confirmation
is received. You acknowledge that any
submission may be removed, published,
copied, modified, transmitted or displayed
by ArcSoft for the purposes of delivering
the offered Services. In addition, you
warrant that all moral rights in any
uploaded materials have been waived.
Neither ArcSoft nor any third party using
the content in accordance with this section
will be obligated to pay you any royalties
or other compensation for use of the
content.
F. Usage by Children
This Site is not intended for or directed
to persons under the age of 13. ArcSoft
does not sell software products for purchase
by children. We require that use of this
Site and all purchases made through it
be by individuals who are 13 years of age
or older. EACH TIME YOU PURCHASE A PRODUCT,
REGISTER WITH THIS SITE OR OTHERWISE PROVIDE
INFORMATION TO ARCSOFT, YOU ARE REPRESENTING
TO ARCSOFT THAT YOU ARE 13 YEARS OF AGE
OR OLDER.
G. Passwords
You agree not to use another user's password
or share your password with others. You
are 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
cannot and will not be liable for any
loss or damage arising from your failure
to comply with these provisions.
H. Contests
ArcSoft may conduct contests on this Site
from time to time. Such contests shall
be governed by specific official rules
that will be posted by ArcSoft on this
Site. Any personal information you submit
to ArcSoft for the contest shall be subject
the terms of the ArcSoft Privacy Policy
http://www.arcsoft.com/company/privacy.asp.
ArcSoft shall have a non-exclusive, royalty-free
license to use, reproduce, modify, adapt,
publish, translate, create derivative
works from, distribute and display throughout
the world any images you submit to ArcSoft
for contests on this Site.
I. DISCLAIMERS
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 WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, ARCSOFT MAKES
NO WARRANTY THAT (i) THIS SITE, THE SERVICES
OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS;
(ii) THIS SITE, THE SERVICES OR THE PRODUCTS
WILL BE EFFECTIVE, ACCURATE, RELIABLE
OR SECURE; (iii) THE QUALITY OF ANY PRODUCTS,
SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE
BY YOU THROUGH THIS SITE WILL MEET YOUR
EXPECTATIONS; (iv) ANY ERRORS IN THE
SOFTWARE OBTAINED FROM OR USED THROUGH
THIS SITE, OR ANY DEFECTS IN THIS SITE,
ITS SERVICES OR MATERIALS WILL BE CORRECTED;
(v) ANY SOFTWARE DOWNLOADED FROM THIS
SITE WILL BE FREE OF COMPUTER VIRUSES
AND WILL NOT CAUSE DAMAGE TO YOUR COMPUTER
SYSTEM, LOSS OF DATA, OR OTHER HARM;
AND (vi) THIS SITE DOES NOT INCLUDE TECHNICAL
OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL
ERRORS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i)
ARCSOFT DOES NOT CONTROL, ENDORSE, OR ACCEPT
RESPONSIBILITY FOR ANY CONTENT, PRODUCTS
OR SERVICES OFFERED BY THIRD PARTIES THROUGH
THIS SITE, INCLUDING, WITHOUT LIMITATION,
THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKS ON THIS SITE; (ii) ARCSOFT
MAKES NO RESPRESNTATIONS OR WARRANTIES
WHATSOVER ABOUT ANY SUCH THIRD PARTIES,
THEIR CONTENT, PRODUCTS OR SERVICES; AND
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH
THIRD PARTIES ARE AT YOUR OWN RISK.
J. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, ARCSOFT
SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THIS SITE. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE, OR OTHER
TORTIOUS ACTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF ARCSOFT HAS BEEN ADVISED
OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY
OF SUCH DAMAGES. OUR LIABILITY, AND THE
LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES,
AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS 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)
$100. THE FOREGOING DISCLAIMERS, WAIVERS
AND LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
K. Privacy
Please review our Privacy Policy (http://www.arcsoft.com/company/privacy.asp)
to understand our practices with regard
to
any images, data or other information
you submit to the Site. You hereby agree
that the Privacy Policy governs your
visit to this Site and is incorporated
in these Terms.
L. Indemnification
You agree to indemnify, hold harmless and
defend ArcSoft, its officers, directors,
employees, agents, successors, subsidiaries,
sublicensees and assigns from and against
any and all claims, damages, losses,
costs and liabilities (including reasonable
attorneys' fees and court costs) arising
out of or related to any breach of this
agreement 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.
M. Changes To This Site
ArcSoft may make changes to the Services,
content on this Site or to the products
and prices described, at any time without
notice. The content, products, prices
or Services on this Site may be out of
date, and ArcSoft makes no commitment
to update the content, products, prices
or Services on this Site.
N. International Use
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 may refer to products,
programs or services that are not available
in your country. Contact ArcSoft directly
at webmaster@arcsoft.com for information
regarding the products, programs and
services that may be available to you.
This Site is controlled, operated, and
administered by ArcSoft from its offices
within the United States of America. ArcSoft
makes no representation that this Site,
or the Services, products or content available
through it, are appropriate or available
for use at other locations outside the
United States, and access to this Site
from territories where the Site or any
of its Services, products or content are
illegal is prohibited. If you access this
Site 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.
O. Export Controls
You agree not to download any content,
services or software from ArcSoft or
otherwise export or re-export into (or
to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any
other country which the United States
has embargoed goods or to anyone on the
U.S. Treasury Department's List of Specially
Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders.
By downloading or using any content,
services or software from ArcSoft, you
are agreeing to the foregoing and you
are representing and warranting that
you are not located in, under the control
of, or a national or resident of any
such country or on any such list.
P. Government Restricted Rights
This Site contains confidential computer
software and technical data. A valid
license from ArcSoft is required for
possession, use, or copying. Consistent
with FAR 12.211 and 12.212, Commercial
Computer Software, Computer Software
Documentation, and Technical Data for
Commercial Items are licensed to the
U.S. Government under ArcSoft's standard
commercial license terms.
Q. Disputes
Any dispute relating in any way to your
visit to the Site or to products you
purchase through the Site shall be submitted
to confidential 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 the State of California, and you consent
to exclusive jurisdiction and venue in
such courts. Arbitration under this Agreement
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 this Agreement
shall be joined to an arbitration involving
any other party subject to this Agreement,
whether through class arbitration proceedings
or otherwise.
R. Site Policies, Modification and Severability
Please review our other policies, such
as our Privacy Policy, posted on the
Site. These policies also govern your
visit to this Site. We reserve the right
to make changes to the Site, policies,
and these Terms and Conditions at any
time. If any condition in this Agreement
is deemed invalid, void, or for any reason
unenforceable, that condition shall be
deemed severable and shall not affect
the validity and enforceability of any
remaining condition. You agree that this
Agreement and all incorporated agreements
may be automatically assigned by ArcSoft,
in its sole discretion, to a third party
in the event of a merger, acquisition
or bankruptcy.
S. General Terms
All legal issues arising from or related
to the use of this Site shall be construed
in accordance with the laws of the State
of California without regard to conflicts
of law principles. These Terms constitute
the entire agreement between you and
ArcSoft with respect to the use of this
Site. ArcSoft's failure to enforce any
right or provision in these Terms shall
not constitute a waiver of such right
or provision or of any other rights or
provisions in these Terms. If a court
should find that one or more rights or
provisions set forth in these Terms are
invalid, you agree that the remainder
of the Terms shall be enforceable and
that the invalid provision shall be enforceable
to the fullest extent permitted by law.
T. Disclosures.
The services hereunder are offered by ArcSoft,
Inc., located at 46601 Fremont Boulevard,
Fremont, CA 94538. You may review the
return and refund policy for any products
on this site by going to our Returns
and Refunds page . If you are a California
resident, you may have this same information
emailed to you by sending a letter to
the foregoing address with your email
address and a request for ArcSoft's general
return and refund policy.
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