1. Additional terms. may be presented to you in connection with your use of the Site or particular feature of the Site, or the downloading of material from the Site or through the Service. You agree to comply with any additional terms, which are incorporated in these Terms by reference. If you do not agree to the additional terms, do not use or purchase the particular features to which the additional terms apply (if the terms are limited to specific features) or stop using the Site and terminate any related Service account. You may also be subject to additional terms and conditions from third parties that may apply when you purchase products or services or use or download software from third parties.
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5. Third Party Materials. The Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under HTC's control and HTC is not responsible for any Linked Site. HTC provides these links as a convenience and the inclusion of any link does not imply HTC's endorsement or an association with its operators. When you access a Linked Site, you do so at your own risk. Also, in the course of using a Service offered through the Site, you may download to your device content that is provided by third parties or access services and Linked Sites provided by third parties, such as social media partners, wireless carriers, and third party software application developers. If you obtain anything from a third party over the Internet, directly or indirectly through the Site or a Service, including but not limited to ringtones, music, applications, stock quotes, newscasts, weather reports, any content or other materials and information for use on or with your device and the Site ("Third Party Materials"), you understand that you receive such Third Party Materials from the third party supplier and not from HTC. Your relationship with respect to Third Party Materials is with the supplier, and not with HTC. It is your responsibility to review the privacy policies and terms of use that apply to third party services, Linked Sites and Third Party Materials. Any claims you might have with respect to third party services, Linked Sites and Third Party Materials are against the supplier and not against HTC.
7. User Content. The Site may contain communication features (such as blogs, support forums, etc.) designed to enable users to communicate with HTC and the public at large, and Content may also be posted to the Site or particular Service by users. "User Content" means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that is posted to the Site or a Service by users of the Site (except Feedback, defined in Section 9. All User Content is considered to be non-confidential and non-proprietary. You are solely responsible for all User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available by you or through your account. HTC may not control the User Content posted or transmitted using the Site and it does not guarantee the accuracy, integrity or quality of any User Content. Although HTC does not pre-screen the User Content, HTC reserves the right to determine whether any User Content is appropriate and in compliance with the applicable Terms, and may pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time in its sole discretion, without prior notice. HTC will not be liable for any User Content. HTC does not guarantee the security or availability of any User Content transmitted or stored using the Site or a Service, and makes no representations that it will monitor access or use of the Site or a Service. HTC encourages you not to post or share sensitive personal information.
10. HTC Content; Proprietary Rights; License; Updates. "HTC Content" means all information, graphics, text, images, software, sound files, video, communications and other materials (including all metadata associated with any content) that HTC and its licensors provide to you in connection with the Site. HTC and its licensors own all HTC Content, including the selection and arrangement of the HTC Content and the "look and feel" of the Site. HTC and its licensors own all legal rights, title and interest in and to the Site, HTC Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with your use of the Site ("Software"), including any and all intellectual property and other proprietary rights that exist therein. HTC grants you a personal, non-exclusive, nontransferable, limited license to use the Software as provided to you by HTC as part of the Service and in accordance with the Terms. HTC may from time to time send you updates to the Software which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements, improvements, or new versions of the Software. You hereby agree that HTC may automatically deliver these updates to you and you will receive and install them on your device as required.
11. No Warranties. The Site, Linked Sites, Content, Third Party Materials, and Services, including without limitation, updates and upgrades for the software installed on your HTC device that you download to your HTC device via the Site, are provided "AS IS," "WITH ALL FAULTS" and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is with you to the maximum extent permitted by applicable law. HTC and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable or satisfactory quality, fitness for a particular purpose, title or non-infringement. In particular, HTC, its suppliers and licensors make no warranty that (i) the Site or Services will meet your requirements; (ii) the Site or Services will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by you using the Site or Services will be accurate or reliable; or (iv) any defects or errors in the Software provided to you via the Site will be corrected. HTC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technically harmful material that may infect your computer, device, computer programs, data or other proprietary material due to your use of the Site or as a result of downloading any material available on it, or on any website linked to it. All content and other material you download or obtain through the Site is accessed at your own risk, and you will be solely responsible for any damage to your device or loss of data or content that results from download of any material. HTC does not represent or warrant that the Site or any feature or part thereof is available or appropriate for use in any particular location. You are responsible for compliance with all applicable laws in connection with your access to and use of the Site. You may have additional consumer 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 the applicable legislation.
23. Copyright and Trademark Notices. Except for User Content, all content offered in connection with the Site is 2017 HTC Corporation and/or its suppliers, 23 Xinghua Road, Taoyuan District, Taoyuan City 330, Taiwan. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Site. HTC and/or its suppliers own the title, copyright and other intellectual property rights in the Site, HTC Content, Feedback and any Software (including any updates and upgrades that you download for your HTC device via the Site). The HTC logo, the HTC quietly brilliant logo and/or other HTC product names and services referenced on the Site are the trademarks of HTC Corporation. All other company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners. 2ff7e9595c
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