TERMS OF USE

OWNERSHIP

Thiswebsite (“Website”) is established and owned by BYTE International Co., Ltd. (”BYTE”)for the purpose of providing certain information and services.

 

AGREEMENTTO TERMS OF USE

Byusing this Website, you (“user”) agree to these Terms of Use. For users who arebelow 16 years old, a legal guardian must present while using this website. Ifyou or your legal guardians do not agree with any of these terms, pleaseimmediately refrain from using the information or services on the BYTE Website.

 

COPYRIGHTAND OTHER IP

Allinformation and services (including but not limited to written text,applications, software, music, sounds, images, photos, animations, websiteformat, website arrangements and any other types of information) provided onthis Website belong to BYTE and its right-owners and are protected underrelevant ownership, copyright, trademark, patent or other laws. All persons andentities are prohibited from reproducing, distributing, adapting, editing,broadcasting/transmitting publicly, transferring, leasing, selling, or usingthe prior mentioned information without obtaining a written authorization from BYTE.In the event that a user causes an infringement of an intellectual propertyright, the user shall assume all legal liabilities and BYTE reserves the rightto pursue further legal action(s) against such infringement.

 

LICENSEAND ACCESS

Anydownloads and/or installations of software provided through the BYTE Websiteare subject to and restricted by the license agreement of the software itself.Do not download, install or use the software if you do not agree with anystatements, restrictions or terms and conditions in the license agreement. Donot reproduce the software to other servers or media formats. Allmodifications, reverse engineering, de-compiling, or disassembling on thesoftware, as well as removal or alteration of trademark(s), logo(s) orattention notes connected with the software are strictly prohibited.

 

BYTEor its content providers grant you a limited, non-exclusive, non-transferable,non-sublicensable license to access and make personal and non-commercial use ofthe BYTE Website information or service. This license does not include anyresale or commercial use of any BYTEWebsite information or service, or its contents; any collection and use of anyproduct listings, descriptions, or prices; any derivative use of any BYTE Websiteinformation or service or its contents; any downloading, copying, or other useof account information for the benefit of any third party; or any use of datamining, robots, or similar data gathering and extraction tools.

 

YOURUSE OF THE WEBSITE

Anyusers who would like to browse or use any services and information provided bythe BYTE Website should comply with applicable laws and regulations, and shallnot conduct the following actions:

(1)Instigate or participate in any illegal behavior(s) or activities by using theservices and information provided by the BYTE website.

(2)Interfere with or interrupt any BYTE website services or server connections.

(3)Create links to the BYTE website for profit or the resale of BYTE internetservices.

(4)Post, transmit, or distribute any misleading or deceptive advertisements orpromotional information in respect of the BYTE Website.

(5)Transmit any information with the potential to infringe the legal rights ofother parties.

(6)Transmit any illegal information, instigate illegal activities, or aid or abetin the illegal activities of other parties.

(7)Transmit the information that is illegal under applicable domestic orinternational laws.

(8)Utilize the BYTE Website to transmit any information (including but not limitedto text, messages, images, files, links, software or any formats ofinformation) that is malice, impropriety, breach of law, threatening,interference, aspersions, vulgarity, obscenity, inciting hatred or any forms ofadverse communication.

BYTEreserves the right to delete any words, material or content contained withinthe BYTE Website which BYTE considers is improper or inappropriate.

Youshall comply with these Terms of Use and all applicable laws and regulations. BYTEreserves the right to verify the validity of your qualification at any timeduring or after any Website Event, and reserves the right to disqualify youfrom any Website Event including your prize qualification if your conductconstitutes any misconduct for tampering or suspicion of tampering with WebsiteEvent. BYTE’s failure to enforce any of its rights hereof does not constitute awaiver of those rights.

 

Ifyou do post content or submit material, and unless we indicate otherwise, yougrant BYTE a nonexclusive, royalty-free, perpetual, irrevocable, and fullysublicensable right to use, reproduce, modify, adapt, publish, perform,translate, create derivative works from, distribute, and display such contentthroughout the world in any media. You grant BYTE and sublicensees the right touse the name that you submit in connection with such content, if they choose.You represent and warrant that you own or otherwise control all of the rightsto the content that you post; that the content is accurate; that use of thecontent you supply does not violate this policy and will not cause injury toany person or entity; and that you will indemnify BYTE for all claims resultingfrom content you supply. BYTE has the right but not the obligation to monitorand edit or remove any activity or content. BYTE takes no responsibility andassumes no liability for any content posted by you or any third party.

 

PERSONALINFORMATION

BYTEuses all registered or transferred personal information in accordance with itsPrivacy Policy. BYTE shall not disclose any names, addresses, email addressesand/or other protected personal information to another party or the publicwithout each respective user’s valid consent unless one of the followingsituations happens, or the respective terms of use or privacy policy providesexceptions.

(1)As necessary to provide a service/fulfill a contract with you

(2)As required by law.

(3)As required by any judicial or government authorities for the purpose of lawenforcement.

(4)In order for the protection of rights and property belonging to BYTE.

(5)In order for the protection of the safety of other users, registrars, and/orthird parties.

(6)BYTE will not sell or supply any personal information provided by Website usersor registrars to any third parties (individuals, companies or other).

 

ACCOUNTS,PASSWORDS AND SECURITY

Toaccess certain services of this Website, you may be required to set up a username and password. You will be responsible for the confidentiality of yourpassword and user name of your account, and you agree to accept responsibilityfor all activities that occur under your account or password.

IfBYTE finds that the account or password of BYTE Account has beenmisappropriated, BYTE may immediately suspend or terminate the account'spassword, account or its use of this Website, or remove related Informationrelated to such account.

 

USERPROVIDED CONTENT

Youmay post reviews, comments, photos, videos, and other content; send e-cards andother communications; and submit suggestions, ideas, comments, questions, orother information, so long as the content is not illegal, obscene, threatening,defamatory, invasive of privacy, infringing of intellectual property rights(including publicity rights), or otherwise injurious to third parties orobjectionable, and does not consist of or contain software viruses, politicalcampaigning, commercial solicitation, chain letters, mass mailings, or any formof "spam" or unsolicited commercial electronic messages. You may notuse a false e-mail address, impersonate any person or entity, or otherwisemislead as to the origin of a card or other content. BYTE reserves the right toremove or edit such content.

 

Youhereby grant BYTE a worldwide, non-exclusive, non-revocable, royalty-free,transferable, and sub-licensable right to promote and distribute part or all ofthe Information in any form in any media format, including without limitationto modify, reproduce, publicly broadcast, publicly transmit, adapt, distribute,publish, publicly release, or otherwise use the Information uploaded,transmitted, input or provided to this Website by you.

Youneed to ensure that you have the right to upload, transmit, input or provideInformation to this Website and the right to grant BYTE the above mentionedrights.

Ifthe information uploaded, transmitted, input or provided to this website by youis found to be an infringement of any third party IPR, BYTE reserves the rightto remove it or terminate your access to the Website. If you believe that suchcontent or services are not infringing, you may notify BYTE and providesupporting evidence for BYTE’s evaluation.

 

UPDATES

BYTEreserves the right to amend at any time any content in these Terms of Use andeach such modification shall be effective upon posting on the Website. TheseTerms of Use may reference other guidelines, notices, agreements or other termsand conditions of Website event provided by BYTE or any information containedin the Website, and such reference shall constitute an integral part of theseTerms of Use.

 

RISKOF LOSS, RETURNS, REFUNDS AND TITLE

Allpurchases of physical items from BYTE are made pursuant to a shipment contract.This means that the risk of loss and title for such items pass to you upon ourdelivery to the carrier.

 

BYTEdoes not take title to returned items until the item arrives at our fulfillmentcenter. At our discretion, a refund may be issued without requiring a return.In this situation, BYTE does not take title to the refunded item. For moreinformation about our returns and refunds, please see our Website.

 

PRODUCTDESCRIPTIONS

BYTEattempts to be as accurate as possible. However, BYTE does not warrant thatproduct descriptions or other content of any BYTE Service is accurate,complete, reliable, current, or error-free. If a product offered by BYTE itselfis not as described, your sole remedy is to return it in unused condition.

 

PRICING

"ListPrice" means the suggested retail price of a product as provided by amanufacturer, supplier, or seller. We regularly check List Prices againstprices recently found on BYTE and other retailers. Certain products may have a"Was Price" displayed, which is determined using recent price historyof the product on BYTE.

 

Withrespect to items sold by BYTE, we cannot confirm the price of an item until youorder. Despite our best efforts, a small number of the items in our catalog maybe mispriced. If the correct price of an item sold by BYTE is higher than ourstated price, we will, at our discretion, either contact you for instructionsbefore shipping or cancel your order and notify you of such cancellation. Othermerchants may follow different policies in the event of a mispriced item.

 

Wegenerally do not charge your credit card until after your order has entered theshipping process or, for digital products, until we make the digital productavailable to you.

 

SANCTIONSAND EXPORT POLICY

Youmay not use any BYTE Service if you are the subject of U.S. sanctions or ofsanctions consistent with U.S. law imposed by the governments of the countrywhere you are using BYTE Services. You must comply with all U.S. or otherexport and re-export restrictions that may apply to goods, software,technology, and services.

 

LINKSTO OTHER SITES

Somecontent in the Website may be provided by third parties, and this Website mayalso enable you to access to third parties’ services or websites. If you decideto utilize services or websites provided by a third party, you shall be subjectto the conditions and terms between you and such third parties. BYTE will beresponsible for neither the agreement between you and such third parties norany service provided by such third parties.

 

Ifyou purchase any of the products or services offered by these businesses orindividuals, you are purchasing directly from those third parties, not from BYTE.We are not responsible for examining or evaluating, and we do not warrant, theofferings of any of these businesses or individuals (including the content oftheir Web sites). BYTE does not assume any responsibility or liability for theactions, product, and content of all these and any other third parties. Youshould carefully review their privacy statements and other conditions of use.

 

DISCLAIMERS

AlthoughBYTE has conducted a reasonable verification of material it publishes on theWebsites, all services and information provided on the Website is intended tobe "as it is" conditions, and BYTE does not guarantee theeffectiveness, suitability, accountability and/or non-potential infringement ofright(s) or otherwise of the contents on the Website. Furthermore, BYTEdisclaims liability for any direct, indirect, incidental, consequential orspecial losses or damages due to the following circumstances:

(1)Utilization of any information and services provided by BYTE Website;

(2)Interruption or unavailability of any BYTE Website information or service;

(3)Due to the error or inaccurate information or any technical error resultingfrom any equipment or program utilized by you or this Website;

(4)Unauthorized revision of this Website by a third party.

Additionally,in no event shall BYTE assume any responsibility for any loss or damages due tomissing or inaccurate content, spelling errors, miscalculations or delays ordeferrals in updating information or the like.

 

BYTEreserves the right to do any of the following, at any time, without notice: (1)to modify, suspend or terminate operation of or access to the Website, or anyportion of the Website, for any reason; (2) to modify or change the Website, orany portion of the Website, and any applicable policies or terms; and (3) tointerrupt the operation of the Website, or any portion of the Website, asnecessary to perform routine or non-routine maintenance, error correction, orother changes.

 

LIMITATIONOF LIABILITY

Exceptwhere prohibited by law, in no event will BYTE be liable to you for anyindirect, consequential, exemplary, incidental or punitive damages, includinglost profits, even if BYTE has been advised of the possibility of such damages.

 

If,notwithstanding the other provisions of these Terms of Use, BYTE is found to beliable to you for any damage or loss which arises out of or is in any wayconnected with your use of the Website or any Content, BYTE’s liability shallin no event exceed the greater of (1) the total of any subscription or similarfees with respect to any service or feature of or on the Website paid in thesix months prior to the date of the initial claim made against BYTE (but notincluding the purchase price for any BYTE hardware or software products or anyaftersales/warranty support program), or (2) US$100.00. Some jurisdictions donot allow limitations of liability, so the foregoing limitation may not applyto you.

 

INDEMNITY

Youagree to indemnify and hold BYTE, its officers, directors, shareholders,predecessors, successors in interest, employees, agents, subsidiaries andaffiliates, harmless from any demands, loss, liability, claims or expenses(including attorneys’ fees), made against BYTE by any third party due to orarising out of or in connection with your use of the Website.

 

GOVERNINGLAW: DISPUTE RESOLUTION

Anyconflict or disputes arising from the use of any BYTE Website are governed bythe laws of Taiwan (Republic of China). In the event where the dispute cannotbe initially resolved through alternative dispute resolution procedures, the TaiwanTaipei District Court (Republic of China) will be the court of initial hearing.