Huion

Terms of Use

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These Terms of Use apply to the Huion Official Store (https://store.huion.com/). By accessing this website, you acknowledge that you accept the following terms. In the event that you do not understand or accept any of the terms herein, you should discontinue your use of this website. This website is operated by Huion. Throughout the site, the terms “we”, “us” and “our” refer to Huion. Huion offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. To the extent permissible by law, Huion reserves the right to alter these Terms of Use at any time without providing notice. You are responsible for regularly checking for any changes to these Terms of Use. Your continued use of this website after any such changes are released shall be deemed as your acceptance of said changes. 1. Website Content All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces and code (hereinafter referred to as Content), including but not limited to the ideas, design, structure, expression, and display of the aforementioned Content, are legally owned, controlled, or legitimately authorized to be used by Huion. Unless otherwise stated in these Terms of Use, you shall not use the Content on this website for any commercial purpose in any way without Huion's prior written consent.  You can download information presented on this website with regard to Huion's products and services, provided that:  a) Said information is used solely for personal purposes and not for commercial purposes.  b) No alterations of any kind are made to said information.  c) No further statements and warranties shall be made with regard to said information or documents containing said information.  d) No statements and/or notifications indicating Huion's ownership of and other legal rights and interests with regard to said information shall be removed, in part or in full. 2. Accuracy, Completeness and Timeliness of Information We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 3. Modifications to the Service and Prices Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 4. Huion Products and Services 4.1 During the term of this Agreement, Huion will permit you to access the Huion Services and use their features and/or functions. Such features or functions may also include opportunities to upload or share content (such as gallery or product reviews). Huion may, however, make reasonable modifications to the features and functions of the Huion Services at any time in its discretion, including for instance, to adapt them to new technologies. 4.2 You may enter into agreements regarding Offerings with Huion, Huion affiliates and/or third parties through the Huion Services. Such agreements are subject to the respective terms communicated to you by the respective vendor. In the event of any conflict between the respective custom terms and this Agreement, the custom terms of the Offering prevail. 4.3 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 4.4 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 4.5 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 5. Accuracy of Billing and Account Information We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 6. Account, Password and Security 6.1 These Terms of Use (this “Agreement”) govern your use of the Huion Services. Any general terms and conditions you may propose do not apply to this Agreement even if Huion has not formally rejected them. A Huion Account is required to fully access and use the Huion Services. 6.2 You enter into this Agreement by signing up for and activating a Huion Account (as described in Section 6.2.1 below), or by signing in to a Huion Service using an existing Huion Account created on a different Huion Site, and accepting these Terms of Use (as described in Section 6.2.2 below): 6.2.1 When you sign up for a Huion Account by selecting a user name and password and providing a valid e-mail address (or alternatively by using an existing social media account to provide your information), you are requesting that Huion makes you an offer to enter into this Agreement. Huion will confirm receipt of your registration request by e-mail. If Huion chooses to make you an offer, Huion will do so by sending you an activation link by e-mail. This may also be combined with the aforementioned confirmation of receipt. The Agreement is effective if and when you activate your Huion Account by clicking the activation link. The following rules apply to any Huion Account created through any Huion Service: a) You will keep your HuionAccount information, including without limitation your e-mail address and, if applicable, billing information (including billing address) current. b) The HuionAccount is personal and non-transferable. You may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your HuionAccount to any third party. The same applies to any licences to any Offering that is tied to the Huion Account, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence. c) You will keep your password confidential and inform Huionimmediately if you have reason to suspect your password has been disclosed to or otherwise obtained by any third party (provided, for clarity, that anyone using the HuionAccount on behalf of the Subscribing Organization (defined below) is not a “third party” for this purpose). 6.2.2 When you sign in to any Huion Service with an existing Huion Account for the first time, you will be prompted to accept these Terms of Use. The Agreement is effective once you confirm this prompt. Your Huion Account will be subject to the terms you accepted when you created it. 6.3 The Huion Account is not available to persons under the age of 18 or to anyone whose Huion Account has previously been terminated. By entering into this Agreement, you represent and warrant that you are at least 18 years old and you have not previously had a Huion Account terminated. If you are using or opening a Huion Account on behalf of a company, entity, or organization (collectively, a "Subscribing Organization") then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these terms, and that you agree to these terms on behalf of such Subscribing Organization. In such a case "you" in these terms refers to your Subscribing Organization, which shall ensure that each individual user accessing and using the Huion Account on behalf of the Subscribing Organization complies with the obligations, limitations and restrictions contained herein. 6.4 The Huion Account can be used across a number of online services and platforms operated by Huion and/or its affiliated companies. However, additional terms may apply to your access to and use of any Offerings available on or through the Huion Services and such other online services and platforms. You will be notified of such additional terms and be asked to accept them whenever you try to access, download, or otherwise use an Offering by Huion, its affiliates or any third party that is subject to such additional terms. 6.5 You acknowledge that the Huion Services are operated using technology owned and controlled by Huion’s third party licensor(s). You acknowledge that these licensor(s) is/are not a party to this Agreement and that (i) they retain all right, title and interest in and to their own technology and do not grant you any licence to such technology, (ii) they are not responsible for the operation or the contents of the Huion Services or the Offerings you may purchase from other third parties through Huion Services (and Huion makes no warranties on their behalf), (iii) they do not grant any warranties to you regarding the technology, and (iv) they do not have any other contractual liability to you. 7. Your Obligations and Content. Indemnity 7.1 You acknowledge that the Huion Account and the Huion Services are not data backup services. You will create and maintain adequate regular backups of any and all content you upload or share using the Huion Account and/or the Huion Services. 7.2 In using the Huion Services, you will not: a) interfere or attempt to interfere with the proper workings of or any activities conducted on the HuionServices, or access or attempt to access the HuionServices with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures as may be used to prevent or regulate access to the Huion Services; b) post, upload, or distribute any content that is defamatory, libelous, inaccurate, unlawful (including in violation of any applicable intellectual property, personality rights, youth protection or similar laws), or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; c) post or upload any content that contains any viruses, adware, spyware, worms, or other malicious code or any content or file that may have the effect of compromising any security or access control feature of the respective HuionService or of any Offering; d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the HuionAccount of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via any HuionService, or perform any other similar fraudulent activity. or e) post or send unsolicited commercial messages or advertise any goods, software, products, services other than the Offerings available through any Huion 7.3 You agree to defend, indemnify and hold harmless Huion, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of this Agreement. or (ii) your user content. or (iii) your use of (A) the Huion Services, your Huion Account, or the Huion Sites, (B) the Huion content, or (C) your use of services and products obtained through the Huion Services, in each case other than as expressly authorized in this Agreement. 7.3.1 We do not prescreen content posted by users and cannot guarantee the Huion Services or the Huion Sites will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of other users. In the event we choose to monitor and/or remove any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content or the removal of such content. If you have concerns about any content posted by another user, please use the copyright notice procedures in this Agreement to notify us. 8. Intellectual Property Rights. Licence Grant 8.1 Except where expressly provided otherwise, any licence to any Offering you purchase through any Huion Service is personal and non-transferable. It is tied to your Huion Account and you may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer it to any third party, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence. 8.2 The Huion Services are the intellectual property of Huion and/or its licensors. You are granted only a limited, non-exclusive, non-transferable right to use the Huion Services for the purpose, pursuant to the terms hereof, and for the term of this Agreement. In particular, you may not a) modify, adapt, translate or create derivative works based upon the Huion Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. or b) attempt to disable or circumvent any security mechanisms used by the Huion Services, or copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Huion Services or any part thereof, unless (i) specifically authorized by Huion in writing, or (ii) to the extent such acts are necessary to achieve interoperability with a third software, but only if (a) Huion or its licensors had not published details about the interfaces of the respective Huion Service before and has not provided such details upon your written request, (b) only those parts of the respective Huion Service are disassembled that are necessary to achieve interoperability, (c) the obtained information is only used to achieve interoperability, (d) the obtained information is not made available in any way to any third party except as required for the purpose of achieving interoperability. and (e) the obtained information is not used to develop or market a software which is similar to the respective Huion Service or for any other actions that infringe Huion’s and/or its third party licensor’s rights. 9. Third-party Links Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 10. Disclaimer of Warranties. Limitation of Liability We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Huion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 11. Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. 12. Governing Law These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of China. 13. Changes to Terms of Use You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. 14. Contact Information Questions about the Terms of Use should be sent to us at service@huiontablet.com.