HTC Account Terms and Conditions
Update on: 10/07/2019
Welcome to HTC Account. Registering for an HTC account (“HTC Account”) allows you to access a variety of products, content, software, services and related websites (collectively “Services”) offered by HTC Corporation and its affiliates (“HTC”). If you register for an HTC Account, all of the Services and functionalities that are available in your country through HTC Account will automatically be enabled and you will have access to those Services; most Services cannot be turned off and by registering for an HTC Account, you consent to the use of your data to provide all such Services. Certain Services and features are not available in all countries. Not all Services offered by HTC can be accessed with an HTC Account but many apps and services will require registration to use some or all of the Services offered. Certain Services may require you to register separately and create a separate user account and may include additional terms of use applicable to the Services.
These HTC Account Terms and Conditions are a legal agreement between you and HTC that governs your use of HTC Account and all Services. Your access to Services is conditioned upon your acceptance of these HTC Account Terms and Conditions, which include the HTC Code of Conduct, any HTC End User License Agreement (“EULA”) or Terms of Use (“TOU”) provided with your device or any Services, and any additional HTC terms provided to you or presented as part of using HTC sites, apps, products, or services (“Additional Terms”), each as amended from time to time (collectively, the “Terms”). If there is a conflict between the terms in this document and any EULA, TOU or Additional Terms, the terms in the EULA, TOU or Additional Terms will govern. For example, if you purchase a device from HTC, any warranties, disclaimers, and limitations on liability accompanying that device will govern in lieu of Sections 12-15 herein.
By registering for an HTC Account, you agree to be bound by these Terms. You must be 14 years of age or older to register for or use the HTC Account Services. By registering for the HTC Account Services, you certify that you are 14 years of age or older. If you are 14 years of age or older, but under the age of majority or age subject to parental consent according to local law, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to them. You are responsible for ensuring that you provide complete and accurate information as part of your HTC Account registration in order to access the full functionality of the Services. If you are located in China, the minimum of age requirement would be 18 years old and you must have reached the age of 18 to register for or use the HTC Account Services. By registering for HTC Account Services, you certify that you have reached the age of 18. If you are still under the age of majority, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to them.
PRIVACY NOTE: You authorize HTC to automatically upload information about your computer, devices, your use of the Services and apps linked to your HTC Account (i.e. Themes) or which relate to the Services provided (i.e. all app usage to administer services under Boost+), and Service performance (including information that is considered sensitive information under applicable privacy laws, such as precise location data and device identifiers), and to use, transmit, process and store that information as described in HTC’s Privacy Policy (including to provide and improve Services and Content provided to you across HTC Account linked apps and Services) unless such data collection and process is prohibited by the applicable data privacy laws. Some apps and Services, including HTC Account, may allow you to limit the personal data collected, either by changing the default settings at set-up or at any time in the settings menu for the specific app or Service; however, certain data, depending upon the Services provided (i.e. geolocation data to provide mapping functions), is required to provide you the Services and features you request. If you use voice, audio, video and communication features offered as part of the Services, you authorize HTC to record and collect your voice, audio, video and communications to provide the Services. In particular, you authorize HTC to use and disclose your information, User Content (defined in Section 6) and the content of your communications for legal, protection and safety purposes; to comply with laws; respond to lawful requests and legal process; protect the rights and property of HTC, our agents, customers, and others; and protect the safety of any person.
By registering for an HTC Account, you authorize HTC to transfer your information outside of the country where you reside, including jurisdictions that may not have data privacy laws that provide equivalent protection to the laws of your home country. If you choose to use Third Party Materials (defined in Section 1) in connection with the Services, do so with care. HTC is not responsible for how Third Parties collect, access, use, or disclose your personal information. You should only use trusted Third Party Materials and check all third party privacy policies.
1. Third Party Web Sites, Products and Services; Additional Terms.
You may need to use or obtain additional products or services in order to use the Services, such as a device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for Internet access, text messaging or other data transmission). The Services may link to optional third party web sites and permit you to use and purchase products, services (including payment processing), and content from third parties (“Third Party Materials”). You may be presented additional terms and conditions from third parties when you access, use, or purchase Third Party Materials. You must comply with third party terms and pay all associated charges. The third party, not HTC, is solely responsible for all Third Party Materials and any claims you have with respect to Third Party Materials are against the third party supplier and not HTC.
2. Account Registration; Use of Your Account.
When you register for an HTC Account, you must provide HTC with current, complete and accurate information. You must keep your account credential confidential and not authorize any third party to use it, your HTC Account, or the Services on your behalf unless HTC pre-approves such use. You agree that HTC may attribute all use of your account credential to you and that you are responsible for all activities that occur under your HTC Account. You must notify HTC immediately if you suspect unauthorized use of your credential or HTC Account or any breach of security at the e-mail address: security@htc.com.
When you use certain social features in VR applications with HTC Account, HTC might share certain your HTC Account social profile information with third party developers, including your InfinityTag (unique ID assigned by you), first name and profile image (based on your privacy setting preference), friend list (based on your friend’s privacy setting preference of public visibility), application list (with your permission), last played application and time (with your permission). The purpose of sharing your social profile information with third party developers is for you or your friend to find and interact with each other in VR application provided by such third party developers. You can change your first name and profile image, and your privacy preference (such as who can see your first name and/or profile image, and who can send you friend request or watch party request) at any time by visiting Account>Profile>Privacy Settings.
3. Important Services Notices
3.1 Availability of and Changes to the Services.
You may use the Services if and when they are available, provided that you complete any steps required to use the Services (such as logging in with an HTC Account). HTC does not guarantee availability of any Service or any particular feature. A particular Service or feature may be a pre-release version and may not work correctly or in the way a final version might work. HTC may significantly change the final version at any time or decide not to release it. To the maximum extent authorized under applicable law, HTC reserves the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Services or features (including reducing available storage capacity) at any time without notice. If a Service is available to a user without an HTC device, certain features may be unavailable or the look or experience may not be the same as for users of HTC devices.
3.2 Back-up Your Content.
You are solely responsible for backing up any content and information that you store or access using the Services. Even if you use an HTC back-up service, HTC does not guarantee that any content or information you store or access will not be removed, damaged, corrupted, lost, or unavailable. You also agree that any information, content, and software that you upload or download to a device may not be available to you on other devices.
4. Your Conduct.
You are responsible for compliance with all applicable laws in connection with your access and use of the Services and HTC Content (defined in Section 8), including import and export laws and regulations. Services may contain communication features designed to enable you to communicate with HTC and the public at large, such as by publishing posts, reviews and ratings. You agree to use the Services only to post, send, and receive messages, material, and other content that are appropriate and related to the purpose of the particular Service. You agree that when using the Services you will not engage or attempt to engage in any improper use, including any use that violates the HTC Code of Conduct. If HTC suspects violations of these Terms, 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 by you or others, unless applicable law prohibits HTC from requiring you to cooperate. You authorize HTC 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.
5. Fees, Purchases and Billing.
5.1 Fees and Payments.
HTC may charge fees for access to or use of certain Services and may also make available products, content, and services that you may choose to purchase. HTC will notify you of the price of all Services and products, content, and services before you become obligated to pay for them. Any access or usage fees may be one-time or recurring (i.e. on a subscription basis). If you make a purchase or access or sign up for any paid Services, you authorize HTC or any third party that processes payments for HTC to use the payment method you provide at the time you sign up for the Service or submit your purchase. HTC may bill you: (a) in advance, (b) at the time of purchase or sign up; (c) shortly after purchase or sign-up; or (d) on a recurring basis for subscriptions. If HTC informs you that a Service will be provided indefinitely or automatically, you agree that HTC may automatically renew the Service and charge you for the published renewal fee. You also agree that HTC or any third party that processes payments for HTC may retain your credit card or other payment information for recurring charges and for future purchases. If your HTC Account is closed or suspended for any reason, HTC may charge you for any fees, costs, surcharges, or debts (if any) pending for Services, products, content, and services you’ve agreed to purchase and may prohibit you from reinstating your account or opening a new HTC Account until all fees, costs, surcharges, and debts have been paid.
5.2 Prices and Price Changes.
Prices stated exclude all taxes and third party charges (e.g., Internet access, messaging, data charges), unless stated otherwise or prohibited by applicable law. You're responsible for any taxes and for all other charges (e.g., third party charges). All charges will be calculated in the currency indicated at the time of sign-up or purchase. HTC may begin charging for products, content, and services that it currently offers for free and may change prices at any time. For paid Services offered on a period basis (e.g., monthly), HTC will notify you of price changes at least 30 days in advance. If you do not agree to a price change for an ongoing Service, you must cancel the Service and stop using it. Your continued use of the Service after the effective date of the price change will constitute your acceptance of the change. If you cancel, your Service ends at the end of your current service period or, if HTC bills your account on a period basis, at the end of the period in which you canceled.
5.3. Refunds and Returns.
Unless otherwise provided by applicable law or as stated by HTC at the time of purchase or sign-up, all purchases of Services, products, content, and services are final and charges are earned when received and are not returnable, refundable, transferrable, or redeemable in whole or in part.
5.4 Cooling Off Period.
When you sign up for a paid Service, you agree that HTC begins providing you those Services immediately (including by granting you the right to access and view HTC content) and that you will not be entitled to a cancellation or “cooling off” period, unless applicable law requires a cooling off period despite your waiver and even when a Service starts right away. You may cancel Services as provided in Section 5.7.
5.5 Your Billing Information.
You agree to provide and maintain accurate contact and billing information for all paid Services. If your billing information is not accurate or you change your payment method and HTC cannot process a payment, HTC may cancel the purchase or subscription and terminate your access to the Service. If you change your payment method or tell HTC to cancel a service, your notice to HTC will not affect charges HTC submits before HTC reasonably could act upon your request.
5.6 Promotions and Trial Period.
Promotional and trial period offers are only redeemable and available during the period designated by HTC. Offers cannot be combined unless expressly stated. Promotion codes and coupons have no cash value. Unless HTC notifies you otherwise, you must cancel a paid Service by the end of the trial period to avoid incurring charges. If you do not cancel your Service and you were notified at sign-up or purchase that the Service will convert to a paid subscription at the end of the trial period, you authorize HTC to charge your payment method for the Service in accordance with the rates and renewal periods outlined for such Service.
5.7 Canceling a Service.
You may cancel a paid Service at any time provided that no refunds will be given for Services cancelled prior to the end of your current subscription period. Please refer to the terms applicable to each Service for renewal terms, rates, and method or contact information applicable to termination of the Service.
5.8 Late Payments.
Unless prohibited by applicable law, HTC may assess a late charge if you do not pay for paid Services on time. You must pay late charges when HTC bills you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the statutory default or maximum rate permitted by law in your country. HTC may use a third party to collect past due amounts. You must pay for all reasonable costs HTC incurs to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. HTC may also suspend or cancel your subscription or order and your access to the Service if you fail to pay in full on time.
6. User Content.
In some cases, content may also be posted or synced to the HTC Account Services by users. “User Content” means all information, graphics, text, images, software, sound files, video, communications, and other materials (including all metadata) that are posted to the HTC Account Services or linked apps and Services by registered users of HTC Account. 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 originating from your HTC Account. HTC does not control and is not responsible or liable for any User Content. Although HTC does not monitor or screen User Content, you authorize HTC to screen, filter, restrict, block, move, refuse, modify, or remove User Content and access to HTC Account at any time in its sole discretion, without prior notice.
7. License to User Content.
HTC does not claim ownership of User Content. However, you grant to HTC and those members of the public who have access to User Content on or through the HTC Account Services a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that User Content in connection with the Services and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of User Content does not violate any law. You must not provide any User Content through the HTC Account Services that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract.
8. HTC Content; Software and Updates.
“HTC Content” means all information, graphics, text, images, software, sound files, video, communications, and other materials (including all metadata) that HTC and its licensors provide to you through or in connection with the Services. If you receive software from HTC as part of or in connection with the Services (“Software”), its use is governed by the license that you must accept in order to use the Software. If no license is presented, these Terms apply and HTC grants you a personal, non-exclusive, nontransferable, limited license to use the Software in accordance with these Terms. HTC may automatically check your version of the Software and may automatically send your device or computer updates to the Software. These updates may include fixes, feature enhancements, improvements, and new versions of the Software. Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when you close your HTC Account or cancel your subscription to any paid Service corresponding with the Software. You must then uninstall the Software or HTC may disable it. You must not work around any technical limitations in the Software. You must not disassemble, decompile, or reverse engineer the Services or any Software, except and only to the extent that the applicable law expressly permits doing so despite this limitation.
9. Objectionable Content.
The Services may contain or provide access to User Content, HTC Content, or Third Party Materials that you may consider vulgar, offensive, objectionable, indecent or inappropriate and it may not be labeled as having explicit language or other features. Your use of the Services is at your own risk.
10. Feedback.
HTC does not intend for you to provide HTC comments or other feedback, suggestions or recommendations for improving HTC products and services (“Feedback”). If you provide Feedback and even if you designate Feedback as confidential, you authorize HTC and its designees to use, disclose, reproduce, license, and otherwise distribute and exploit Feedback as HTC sees fit without obligation (including payment) or restriction of any kind on account of intellectual property rights or otherwise.
11. Support.
HTC has no obligation to and may not provide support for the Services, Software, your HTC Account, User Content, HTC Content, or Third Party Materials. HTC may discontinue providing any updates, patches, or feature enhancements to any Services or Software at any time and to continue to use such Services or Software after notice of HTC’s termination of such support is at your own risk. Although unsupported or discontinued Services or Software may continue to run on devices to which such Services and Software was downloaded, these Services and Software will not be available for future download should you change devices or perform a factory update.
12. No Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, SUPPORT (IF ANY) AND ALL RELATED WEBSITES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. HTC AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, HTC, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT HTC ACCOUNT SERVICES OR HTC CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH THEM WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH HTC ACCOUNT SERVICES (INCLUDING THIRD PARTY MATERIALS, HTC CONTENT, AND USER CONTENT) IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT HTC’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
13. Disclaimer of Certain Damages.
IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR HTC ACCOUNT, HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 13 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU.
14. Limitation of Liability and Exclusive Remedies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 13, HTC’S AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR HTC ACCOUNT, HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE HTC ACCOUNT SERVICES OR HTC CONTENT UP TO:
a. IN THE CASE WHERE DAMAGE ARISES OUT OF CONTENT, A PRODUCT, OR A SERVICE FOR WHICH YOU PAID HTC A ONE-TIME FEE (EVEN IF PAID IN MULTIPLE INSTALLMENTS), THE AMOUNT YOU PAID FOR THAT CONTENT, PRODUCT, OR SERVICE;
b. IN THE CASE WHERE DAMAGE ARISES OUT OF A SERVICE FOR WHICH YOU PAID HTC A RECURRING OR SUBSCRIPTION FEE, THE AMOUNT YOU PAID FOR ONE MONTH OF SERVICE;
c. IN THE CASE WHERE DAMAGE ARISES OUT OF CONTENT, A PRODUCT OR A SERVICE THAT YOU RECEIVED FREE OF CHARGE, FIVE DOLLARS (U.S. $5.00).
THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, YOUR HTC ACCOUNT, HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
IF YOU ARE UNABLE TO DOWNLOAD OR PLAYBACK ANY HTC CONTENT DUE TO A DEFECT OR BECAUSE HTC REMOVES IT FROM ITS SERVERS LESS THAN 30 DAYS AFTER YOU PURCHASE IT AND BEFORE YOU DOWNLOAD OR PLAYBACK THE HTC CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS LIMITED, AT HTC’S OPTION, TO A REPLACEMENT COPY OR CREDIT IN THE AMOUNT YOU PAID WHICH MAY BE REDEEMED FOR ANOTHER ITEM OF HTC CONTENT FROM THE SAME HTC ACCOUNT SERVICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS, SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 14 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU.
15. Independent Remedies.
To the extent permitted by applicable law, the exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 13 and 14 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law.
16. Indemnity.
You hereby agree to defend, indemnify, and hold HTC, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted, originating from, or otherwise made available under your HTC Account; (b) your use of the Services and activities occurring using your HTC Account; (c) any violation by you of these Terms; or (d) your violation of another party’s rights or applicable law.
17. Notice and Takedown Procedures.
You agree to respect the intellectual property rights and other rights of HTC and third parties. If you believe that material available through the Services infringes the intellectual property rights of any third party or is defamatory, please notify HTC’s agent by using the notice procedure described at Notice and Procedure for Making Claims of Infringement or Defamation. After receiving notice, HTC may remove or disable access to any infringing or defamatory material. HTC has the right to terminate any HTC Account or right of access to the Services for infringement of HTC’s or another party’s rights.
18. Governing Law and Jurisdiction for Resolving Disputes.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
18.1 North and South America.
If you live in North or South America, you are contracting with HTC America, Inc. and Washington state law will govern the interpretation of these Terms and applies to all claims under or for breach of it (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement. All claims where applicable law prohibits the application of Washington state law (including claims under state consumer protection laws, unfair competition laws, and in tort) will be governed by of the state where you live in the U.S.A., or, if you live outside of the U.S.A. (but within North or South America), the laws of the country where you live. IF YOU LIVE IN THE U.S.A., YOU AND HTC EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO YOUR HTC ACCOUNT OR THESE TERMS, WILL BE RESOLVED IN KING COUNTY, WASHINGTON BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND HTC EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND HTC EACH AGREE WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN KING COUNTY, WASHINGTON. YOU AND HTC EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. For each dispute or claim, you and HTC will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution. Notice to HTC America, Inc. will be sent to the contact in Section 21. HTC will attempt to notify you in writing if HTC has your email or mailing address. If HTC does not have your address, HTC will post a notice in the legal notices section on HTC’s web site at www.htc.com. You and HTC each agree to negotiate disputes and claims in good faith. If we are unable to resolve the dispute or claim within 60 days after HTC receives your notice or HTC mails or posts the notice to you, you and HTC each may pursue the dispute or claim in arbitration or, if the claim qualifies, in small claims court. If you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for HTC America, Inc. in Section 21. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and HTC each are responsible for our own respective costs relating to the arbitration, except that HTC America, Inc. will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees. If you live outside the U.S.A., then to the maximum extent permitted by applicable law you irrevocably agree that for any disputes arising out of or relating to your HTC Account and these Terms, exclusive jurisdiction and venue will be in the courts in the largest city in your country within 200 miles of where you live.
18.2 Europe, Middle East, and Africa.
If you live in Europe, the Middle East or Africa, you are contracting with HTC Europe Co., Ltd and you agree that the laws of England and Wales will govern the interpretation of these Terms and apply to any contractual or non-contractual claims under or for breach of it (regardless of conflict of law principles), except where the application of another law cannot be prevented by agreement. All claims where applicable law prohibits the application of the law of England and Wales (including claims under consumer protection laws, unfair competition laws, and in tort) will be governed by the laws of the country where you live. To the maximum extent permitted by applicable law, you irrevocably agree to the exclusive jurisdiction and venue of the courts of England and Wales for any disputes (both contractual and non-contractual) arising out of or in connection with these Terms. If applicable law prevents jurisdiction and venue in London England, then to the maximum extent permitted by applicable law you irrevocably agree that for any disputes arising out of or relating to you HTC Account and these Terms, exclusive jurisdiction and venue will be in the courts in the largest city in your country within 200 miles of where you live.
18.3 Australia, New Zealand, and Asia (except for the Middle East).
If you live in Australia, New Zealand, or Asia (except for the Middle East), you are contracting with HTC Corporation and the laws of Taiwan will govern the interpretation of these Terms and applies to any contractual or non-contractual claims under or for breach of it (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement. All claims where applicable law prohibits the application of the laws of Taiwan (including claims under consumer protection laws, unfair competition laws, and in tort) will be governed by the laws of the country where you live. To the maximum extent permitted by applicable law, you irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes (both contractual and non-contractual) arising out of or in connection with these Terms. If applicable law prevents the designation of the Taipei District Court as the court of first instance, then to the maximum extent permitted by applicable law you irrevocably agree that for any disputes arising out of or relating to you HTC Account and these Terms, exclusive jurisdiction and venue will be in the courts in the largest city in your country within 200 miles of where you live.
19. Changes to these Terms.
HTC reserves the right to change these Terms at any time upon notice. HTC may give notice by posting the updated Terms on the Service or by any other reasonable means. You can review the most current version of the Terms at any time at HTC Account webpage. The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must terminate your HTC Account and stop using all Services before the effective date. Your continued use of the Services after the effective date will constitute your acceptance of the updated Terms.
20. Termination.
20.1 Independent of your termination of any specific services (as outlined in Section 5.7), you may terminate your HTC Account through HTC Account webpage. If you need assistance with account termination, contact HTC and submit a request for assistance (link here). HTC reserves the right to terminate these Terms, or suspend or terminate HTC Account Services at any time, with or without prior notice. Termination or suspension of your HTC Account will not alter your obligation to pay all charges for paid Services, products, content, or services authorized by you up to and including the date of termination.
20.2 You shall periodically log in at your HTC Account to keep your account active. You acknowledge that HTC might delete or cancel your HTC Account if your HTC Account is in inactive state for a long period of time, provided that HTC has proactively notified you to log in by appropriate and reasonable method, and you does not log in at your HTC Account within reasonable time after receiving HTC’s notification. You can read more details about HTC’s practice about inactive HTC Account on HTC Account webpage.
20.3 YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF YOUR HTC ACCOUNT WILL PERMANENTLY TERMINATE YOUR ACCESS TO, AND HTC MAY (BUT IS NOT OBLIGATED TO) DELETE, ALL INFORMATION, FILES, COMMUNICATIONS, MESSAGES, PREFERENCES, AND CONTENT (INCLUDING HTC CONTENT, USER CONTENT, AND THIRD PARTY MATERIALS) STORED ON OUR SERVERS ASSOCIATED WITH YOUR HTC ACCOUNT AND WHICH WILL RESULT IN YOUR IMMEDIATE AND PERMANENT FORFEITURE OF ANY COUPONS, ACCESS PASSES, VOUCHERS, CREDITS, OR ANYTHING THAT MAY BE OF VALUE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE HTC ACCOUNT, IF ANY, WHETHER PURCHASED OR NOT. Neither HTC nor its licensors or service providers will be liable to you for any termination or suspension of your HTC Account or access to the HTC Account Services. Sections 2, 5-16, 18, and 20-23 will survive termination for any reason. You can visit here for details about termination of HTC Account and its consequence as to other Services, products, or content associated with your HTC Account.
21. Notices.
HTC may give you all notices (including legal process) that HTC is required to give by any lawful method, including by posting notice on the Services or by sending it to any email or mailing address that you provide to HTC. You agree to keep your HTC Account information current, including your email and mailing addresses, and to check for notices posted on the Services.
You agree to send HTC notice by mailing it to HTC’s “Address for Legal Notices” which is:
If to HTC Corporation
Attn: General Counsel, No. 23, Xinghua Rd., Taoyuan City, Taoyuan County 330 Taiwan
If to HTC America, Inc.
Attn: Legal Counsel, 308 Occidental Ave. S, 3rd floor, Seattle, WA 98104
With a copy to: HTC Corporation to the address listed above
If to HTC Europe Co., Ltd.
Salamanca, Wellington Street Slough, Berkshire SL1 1YP, United Kingdom
With a copy to: HTC Corporation to the address listed above
22. General.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and HTC intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, You and HTC agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. HTC may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your HTC Account or the Services (including any right to access the Services). HTC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on HTC if it is in a written document signed by HTC. These Terms (including any incorporated terms) constitute the entire agreement between you and HTC with respect to HTC Account and the Services. Both you and HTC warrant to each other that, in entering these Terms, neither HTC or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and HTC, or HTC’s successors and permitted assigns, will have any right to enforce any of these Terms.
23. Copyright and Trademark Notices.
HTC and its licensors own HTC Account, the Services and all HTC Content and reserve all rights therein, including any and all intellectual property and other proprietary rights. HTC, the HTC logo, the HTC quietly brilliant logo, the HTC Sense service mark and other HTC product and service names referenced in connection with the Services are the trademarks of HTC Corporation. All other company names, product names, service names and logos referenced in connection with the Services may be the trademarks of their respective owners.