Terms of Use

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

INTENDED AUDIENCE/USE:

eMemory Technology Inc.( " eMemory®" ) provides this Web site to you, subject to these Terms of Use. The Terms of Use may be updated by eMemory from time to time without notice to you. This Web site and other eMemory Web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of eMemory 's customers, employees and members of the general public. The Site is controlled and operated in whole or in part by eMemory from its offices within the Republic of China (Taiwan). eMemory makes no representation that these materials are appropriate or available for use in locations other than Taiwan. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. eMemory will not be liable if for any reason eMemory Web site is unavailable at any time or for any period. You recognize that eMemory reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

ACCEPTANCE OF TERMS:

You recognize you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation applicable export and re-export control laws and regulations regarding the transmission of technical data from the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent or by whom you are employed. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

RESTRICTIONS ON USE OF CONTENT:

©Copyright 2010 eMemory. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You recognize having been advised by eMemory that the Content is protected in Taiwan and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to eMemory 's Rights in individual elements of the Content, eMemory owns a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. eMemory does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading for uses other than those expressly permitted shall not be made without eMemory's prior express written consent.

Any Content of the Site may be out of date or includes omissions, inaccuracies or other errors at any given time, and eMemory is under no obligation to update such material. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. eMemory therefore disclaims all liability and responsibility arising from any reliance placed on such Contents by any visitor to the eMemory Web sites, or by anyone who may be informed of any of its contents.

TRADEMARKS AND SERVICE MARKS:

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, eMemory is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of eMemory 's or any third party's intellectual property rights. eMemory and the stylized logo are registered in Taiwan and other countries. eMemory, NeoBit, NeoFuse, NeoFlash, NeoMTP, NeoEE, NeoROM, EcoBit and NeoPUF are all trademarks of eMemory. Other eMemory products and services referenced on the Site may also be eMemory's trademarks or registered trademarks in Taiwan or in other countries. Other product or service names are the property of their respective owners. No eMemory trademark or service mark may be used as a hyperlink without eMemory 's prior written permission.

SUBMISSION OF INFORMATION:

Do not send any confidential or proprietary information to eMemory through the Site. Any information you do send to eMemory through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant eMemory an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that eMemory is free to use any ideas, concepts, know-how or techniques that you send eMemory for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

LINKS TO THIRD PARTY WEB SITES:

This Site may provide links to other third-party World Wide Web sites or resources. eMemory makes no representations whatsoever about any other web site which you may access through this Site. Because eMemory has no control over such sites and resources, you recognize and agree that eMemory is not responsible or liable for any Content, advertising, products, services or other materials on or availability from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. eMemory makes no representation or warranty as to any third party Content, products or services, and you agree that eMemory 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 third-party Content, products or services available on or through any such site or resource.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

eMemory process information about you gained from your use of eMemory Web sites in accordance with our Privacy Policy.

DISCLAIMER OF WARRANTY:

EMEMORY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EMEMORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMEMORY SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

LIMITATION OF LIABILITY:

EMEMORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF EMEMORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMEMORY'S TOTAL LIABILITY TO YOU , ANY PARTY YOU REPRESENT AND BY WHOM YOU ARE EMPLOYED FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU , ANY PARTY YOU REPRESENT AND BY WHOM YOU ARE EMPLOYED PAID TO ACCESS THIS SITE.

REVISIONS:

eMemory may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that eMemory shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. eMemory may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

TERMINATION:

You agree that eMemory, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that eMemory believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

INDEMNIFICATION:

You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against eMemory to the fullest extent permitted by law arising out of or in connection with: (i) an assertion that the information, content, or other materials or services provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (ii) any breach by you of your obligations under these Terms of Use; (iii) your unlawful and/or unauthorized use of, or activities in connection with this Site; and (iv) any submission provided by you. You shall indemnify and hold harmless eMemory from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of the Term of Use.

GENERAL INFORMATION:

You agree that eMemory, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that eMemory believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

The Terms of Use constitute the entire agreement between you and eMemory and govern your use of the Site, superseding any prior agreements between you and eMemory relating to your use of this Site. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of eMemory to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the Taiwan without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the courts in HsinChu, Taiwan. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, regardless of whether or not you then became aware of it, or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS:

Please report any violations of these Terms of Use to eMemory.