CyberLink Corporation ("CyberLink," "we" or "us") provides an on-line video-editing community site that lets you download and share resources for your video projects, follow subscribers creations and meet new creators (the "Services") through our website located at directorzone.cyberlink.com (the "Site"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and CyberLink Corporation with respect to the DirectorZone services and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "DirectorZone Users").
Unless explicitly stated otherwise, any new content or features that augment or enhance the Services shall be subject to these Terms of Service. You understand and agree that the Site and Services are provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by Law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Member information, communications or personalization settings.
Certain types of content are made available through the Site. "CyberLink Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, video files, effects, objects, templates and other content and information made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, effects, objects, templates and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. By posting or otherwise providing your submission, you are granting to the public unrestricted and unconditional permission to:
a. Use, copy, distribute, display, publish and modify your submission;
b. Publish your name in connection with your submission; and
c. Grant these permissions to other persons.
This Section 3 only applies to legally permissible content and only to the extent that use, copying, distribution, display publishing or modification of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the Site or the Services at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this Section. In this regard, refer to Section 7(b) for the representation and warranty you make with respect to each of your submissions.
CYBERLINK RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CYBERLINK CONTENT OR USER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.
The Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do, directly or indirectly, any of the following while using or accessing the Site or Services:
You acknowledge that we do not pre-screen any User Submissions you make, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Site and/or Services. You acknowledge and agree that we may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of CyberLink, DirectorZone, its DirectorZone Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Services and the User Submissions, including your personal information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices.
The Site may contain links to third party websites that are not owned or controlled by CyberLink. CyberLink has no control over, and you agree that CyberLink assumes no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. In addition, CyberLink will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve CyberLink from any and all liability arising from your use of any third-party website. You further acknowledge and agree that CyberLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.
You may access and use the Site, Services, CyberLink Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, CyberLink Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, CyberLink Content, User Submissions (other than your User Submissions). CyberLink and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Site, Services, CyberLink Content and the trademarks, service marks and logos contained therein other than your User Submissions. CyberLink reserves all rights not expressly granted in and to the Site, Services and CyberLink Content. You agree to not engage in the use, copying, distribution or modification of any of the CyberLink Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Site for any commercial purposes.
b. User Submissions.
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed or the rights to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CyberLink to locate the material;
d. Information reasonably sufficient to permit CyberLink to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the relevant rights, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CyberLink's designated Copyright Agent to receive notifications of claimed infringement is: Legal Department, 15F, No.100, Minchiuan Rd., Hsin Tien City, Taipei, Taiwan 231, R.O.C., email: firstname.lastname@example.org, fax: 886-2-8667-1385. For clarity, only infringement notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CyberLink customer service through http://www.DirectorZone.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 7(b)(iv), your infringement notice may not be valid.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. CyberLink has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who infringe or are believed to be infringing the copyright or other rights of intellectual property rights owners or holders. CyberLink reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CyberLink may remove such User Submissions and/or terminate a DirectorZone User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOUR USE OF THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CYBERLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. CYBERLINK DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, SERVICES, CYBERLINK CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF; (II) THAT THE SITE, SERVICES, CYBERLINK CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR (III) IN CONNECTION WITH OR RESULTING FROM (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CYBERLINK CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBERLINK, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SERVICES OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL CYBERLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) YOUR ACCESS TO OR USE OF THE SITE AND/OR SERVICES OR ANY PORTION THEREOF, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS), (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYBERLINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE CYBERLINK IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER’S CLAIM.
You agree to defend, indemnify, and hold CyberLink, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney'’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, CyberLink Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Site, and any termination of your Account.
The Site is owned, controlled and offered by CyberLink in Taiwan. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site and/or Services, use of the Site and/or Services, or access to the Site and/or Services, other than in accordance with these Terms of Service.
CyberLink reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective immediately after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Account. By continuing to access or use the Site and Services after CyberLink makes any such modification, you agree to be bound by the revised Terms of Service. To the fullest extendt permitted by law. You also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of the Site and/or Services.
You affirm that you are more than 13 years of age, or have obtained necessary approval from your parent or legal guardian if you are at least 13 years of age but under 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, the Site is not intended for children under 13. If you are under 13 years of age, then please do not access or use the Site.
Any claim related to this contract or these Terms of Service may not be brought by you unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within that period, then that claim is permanently barred. This applies to you and your successors and assigns permitted.
DirectorZone is owned and operated by CyberLink Corporation. The address of CyberLink Corporation is 15F, No.100, Minchiuan Rd., Hsin Tien City, Taipei, Taiwan 231, R.O.C. and the person in charge of the website maintenance is James Lin.