A. Your Use of This Site
B. Your Conduct on This Site
You are prohibited from posting on or transmitting through this Site 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 Site and the Materials such that it will mislead a user of the Site 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 Site, or any Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked websites; (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.
We reserve the right to terminate or suspend your access to all or part of the Site 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. 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.
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, 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 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. 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. 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, 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 Site 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 this Site or ArcSoft Materials, or otherwise exploited this Site or any portion of this Site 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 this Site. 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 ArcSoft’s name or trademarks without our express written consent.
E. License to User Content
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 the operation of the Site, 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 Site.
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.
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 in connection with the Site or Materials, please contact us by regular mail, fax or email at the following address and provide all relevant details.
46601 Fremont Boulevard
Fremont, CA 94538
G. Usage by Children
This Site is not intended for or directed to persons under the age of 13. ArcSoft cannot prohibit minors from using this Site. 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 this Site 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 PROVIDE INFORMATION TO ARCSOFT, YOU ARE REPRESENTING TO ARCSOFT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
H. Accounts, Passwords and Security
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.
I. Contests and Promotions
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 WILL MEET YOUR EXPECTATIONS; (d) 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; (e) ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE 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) THIS SITE 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 SITE OR PARTICIPATION IN ANY SERVICES OFFERED BY ARCSOFT THROUGH THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE 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 THIS SITE, 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.
K. LIMITATION OF LIABILITY
N. Changes to This Site
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.
O. 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 Support (http://www.arcsoft.com/support) 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 Materials are appropriate or available for use at other locations outside the United States, and access to this Site from territories where the Site or Materials 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.
P. Export Controls
Certain ArcSoft products, including software, documentation, services, and related technical data, available on this Site 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.
Q. Government Restricted Rights
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.
S. General Terms