You are deemed to have read, understood and agree to the Terms by using the Service, and your continued use of the Service, after the new version issues, will be considered to have read, understood and agree to such version. Being a minor in compliance with the applicable laws where you are currently located, in addition to the above, you may use, or continue to use the Service only in the event that your guardian has read, understood and agree to the Terms; when you use, or continue to use the Service, it is deemed that your guardian has read, understood and agree to the Terms and its subsequent changes.
If you or your guardian do not accept the Terms or the application of the Terms, in whole or in part, it is excluded by the applicable laws where you are currently located, and you shall immediately stop using the Service.
You agree that:
- You will follow the registration instructions to provide true, current and complete information and update it from time to time. Transcend reserves the right to suspend or terminate your account.
- You will keep the account and password, which you receive after completing the registration, safe and further comply with the following while using the Service: (1) immediately notify Transcend if your account may have been hacked or if any other security issues may occur; and (2) logging out once you finish using the Service.
- You will give written notice to Transcend if you decide to terminate the membership. You may terminate the membership at any time.
- Transcend may, without obligations or liabilities to you or any third party, based on due considerations or when you have been deemed to violate the Terms, terminate the Service in whole or in part without prior notice, and delete your messages in the discussion forums.
Responsibilities, Risks and Warranties
- You shall be fully responsible for all materials that you release in the discussion forums or upload, post, send or transmit through Transcend official website (the “ Website”).
- You shall not do anything unlawful, or anything deemed inappropriate by Transcend, whilst using the Website.
- You agree to use the Service for a lawful purpose or with a lawful method, and comply with the applicable laws of the Republic of China and international practice on internet. If you are currently located outside the Republic of China, you shall follow the laws which apply to your location. You further agree not to use the Service to infringe other parties’ rights and interests.
- Transcend has the right, but not the obligation, to monitor or review the information transmitted or posted by the users or the messages solely exchanged between the users on Transcend official website (the “Website”), including, but not limited to, the discussion forums and otherwise. The abovementioned contents, whether they cause defamation, damage to reputation, contain obscenities, or violate intellectual property laws, privacy protection or other regulations, are communicated without Transcend’s warranty and liability. Transcend further has the right delete such inappropriate contents without prior notice.
- You shall not in any way use the contents obtained from the Website to modify, reproduce, distribute, transmit, display, perform, publish, license, reverse, exchange or do any trading activities.
- The Website and all the contents, products, materials, services and information are provided only for your personal and non-commercial use, provided, however, that you shall retain all originally existing copyright and other proprietary notices on any copies thereof.
- Transcend will not require you to provide confidential or proprietary information. Any materials, information or other communication that you provide, send, upload, submit, transmit or post to the Website will be considered non-confidential and non-proprietary, and Transcend shall not be liable for them. By submitting them, you agree that Transcend and any third party on a need to know basis may, for any and all commercial or non-commercial purposes, disclose, transmit, display, reproduce, edit, adapt, distribute, adopt, translate and otherwise use the submissions and all data, images, sounds, text, and others embodied therein. Transcend gives no reimbursement or bears no liability for using your submissions, and may remove them at any time at its sole discretion. You shall guarantee that you are the owner of or have been granted the right to use the submissions.
System Outage or Breakdown
Transcend will not be responsible for any loss, destruction or other damages of data arising out of the use of (or failure to use) the Service.
Software or Material Downloads
- Any software that is made available to download from the Website (the “Software”) is the copyrighted work of Transcend and/or its licensors. Use of the Software is governed by the terms and conditions of the end user license agreement, if any, which is along therewith or contained therein (the "License Agreement"). You are deemed to have read, understood and agree to the License Agreement by downloading or installing the Software. Reproduction or distribution of the Software is prohibited except as otherwise granted in the License Agreement.
- You are not allowed to reproduce or edit the Software on any other servers or addresses. Unless expressly warranted in the License Agreement, Transcend hereby disclaims all representations and warranties with regard to the Software, including the warranties of merchantability, fitness for a particular purpose, title and non-infringement, whether express, implied or statutory.
- YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE SOFTWARE AND MATERIALS WHICH YOU USE BECAUSE OF THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND , WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOR DAMAGE AVOIDANCE, YOU SHALL CAREFULLY DELIBERATE AND DETERMINE THE APPROPRIATENESS, VALIDITY, ACCURACY, COMPLETENESS OF SUCH SOFTWARE AND MATERIALS BEFORE DOWNLOADING, AND TRANSCEND WILL NOT BE LIABLE FOR ANY LOSS INCURRED BY YOU AS A RESULT.
- TRANSCEND HAS THE RIGHT TO SET UP MEASURES AND RESTRICTIONS TO REGULATE THE USE OF THE SERVICE. YOU AGREE THAT TRANSCEND WILL NOT BE BLAMED FOR DELETING OR FAILING TO SAVE THE INFORMATION, MATERIALS AND OTHER CONTENTS STORED OR TRANSMITTED THROUGH THE SERVICE. FOR WEBSITE MANAGEMENT AND MAINTENANCE, TRANSCEND RESERVES THE RIGHT TO PERFORM WITHOUT NOTICE.
- THE WEBSITE IS NOT WARRANTED TO BE FREE FROM VIRUS OR OTHER INFECTION, HARM, OR DAMAGE TO COMPUTER EQUIPMENT OR OTHER PROPERTIES, WHEN YOU ENTER OR EXIT, BROWSE OR USE THE WEBSITE. THE CONTENTS OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE SOFTWARE, MAY BE OUT OF DATE, AND TRANSCEND DOES NOT WARRANT TO IMMEDIATELY UPDATE THE WEBSITE.
- THE LINKS TO THE THRID-PARTY SITES ON THE WEBSITE ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. IF YOU USE SUCH LINKS, YOU WILL EXIT THE WEBSITE. TRANSCEND DOES NOT REVIEW THE LINKS, AND IS NOT RESPONSIBLE FOR SUCH SITES OR THEIR CONTENTS. TRANSCEND DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT SUCH SITES, ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS OR MATERIALS CONTAINED THEREIN, OR ANY CONSEQUENCE OF THEIR USE. YOU DECIDE TO ACCESS ANY OF SUCH SITES; YOU DO SO ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL TRANSCEND AND ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFIT, DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF, FAILURE TO USE THE WEBSITE, ANY OTHER SITES TO WHICH THE WEBSITE LINKS, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, SERVICES OR CONTENTS FROM THE WEBSITE RESULTS IN THE MAINTENANCE, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, ALL THE ASSOCIATED COSTS SHALL BE BORNE BY YOU.
- The Terms and any additional terms and conditions posted on the Website constitute the entire agreement between you and Transcend with respect to your entry or exit, browsing or use of the Website. Certain provisions of the Terms may be superseded by the legal notices or terms expressly stipulated in particular pages of the Website. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of it, and the remaining provisions shall continue in full force and effect. Transcend makes no representations and warranties that the contents of the Website is appropriate or available for use in any or all locations, and an access to them where you are located is legal or not prohibited.
- Any rights not expressly granted herein are reserved by Transcend.
- No failure or delay in enforcing any rights under the Terms will be deemed a waiver and therefore be binding on Transcend.
- The Terms shall be governed and construed by and under the laws of Republic of China, regardless of its rules of conflict of laws. Taiwan Taipei District Court shall have the exclusive jurisdiction for the first instance over all disputes arising out of, or in connection, with the Terms.
If you have any questions or concerns about the Terms, please contact Transcend at firstname.lastname@example.org.