Acceptance of Terms
Your access to or use of certain aspects of the Sites may be subject to additional terms, conditions, details and specifications posted to the Sites, or may require you to agree with and accept additional terms and conditions ("Supplemental Terms"). By accessing or using those aspects of the Sites you express agree to such Supplemental Terms. If there is a conflict between the terms and conditions of these TOU and terms and conditions of any Supplemental Terms, the terms and conditions of the Supplemental Terms will take precedence with respect to your access to or use of those aspects of the Sites. Other than with respect to this paragraph, the definition of TOU includes any Supplemental Terms, which are hereby incorporated herein.
HUAWEI may make changes to the Sites or their content, services or features at any time. You understand and agree that HUAWEI may discontinue the Sites, or terminate or restrict your use of the Sites at any time for any reason or no reason, with or without notice. With regard to any behavior that is in violation of the provisions of the TOU, HUAWEI shall have the right to seek legal and equitable remedies.
All contents on the Sites are copyrighted and owned by HUAWEI or its or their suppliers (or the respective officers, directors, employees, agents, successors or assigns of any such entities) (collectively, the "HUAWEI Parties"), unless otherwise stated. Without prior written consent of HUAWEI or other parties, any content on the Sites shall not be reproduced, distributed, photocopied, played, linked, framed or transmitted with super-links, loaded into other servers in a "mirroring method", stored in an information retrieval system, or otherwise used for any commercial purpose by any person by any means. The Sites content may be used, downloaded or reproduced for private and non-commercial purposes only (provided however, that such use shall not include any revision to the content and the copyright notices and other proprietary notices shall be retained in the same form and manner as on the original).
All trademarks and logos displayed, mentioned or otherwise used on the Sites are property of HUAWEI or third parties. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of HUAWEI or such third party as applicable.
Accuracy of Information
Each Site and its contents are provided for your convenience only. HUAWEI attempts to provide complete, accurate and current information on the Sites. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. HUAWEI makes no representation as to the completeness or accuracy of any information on the Sites. HUAWEI may change the contents available on the Sites or the products mentioned on the Sites at any time without notice.
Each Site and its contents are provided for your convenience only. Although HUAWEI has attempted to provide accurate information on the Sites, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. HUAWEI may change the contents available on the Sites or the products mentioned on the Sites at any time without notice.
THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT HUAWEI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HUAWEI EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HUAWEI MAKES NO WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. HUAWEI MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR FROM THE HUAWEI PARTIES SHALL CREATE ANY WARRANTY, WITH THE EXCEPTION OF THE HUAWEI DEVICE USA INC. LIMITED WARRANTY AVAILABLE AT LIMITED WARRANTY. HUAWEI DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
NEITHER HUAWEI OR ANY OF THE HUAWEI PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, AND/OR LOSS OF BUSINESS, ARISING OUT OF IN CONNECTION WITH THE SITES OR RELIANCE ON THE CONTENTS CONTAINED HEREIN, EVEN IF HUAWEI OR THE HUAWEI PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any HUAWEI Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the HUAWEI Party’s liability shall be the minimum permitted under such applicable law.
HUAWEI may terminate, suspend, or modify your Account (defined below), or access to, all or part of any Site, without notice, at any time and for any reason. You may discontinue your participation in and access to the Sites at any time. If you breach any of the TOU, your authorization to use the Sites automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof).
The availability of the products and services described on the Sites, and the prices and descriptions of such products and services, may vary in your location and are subject to change at any time without notice to you.
Links to Third Parties
Access to Password Protected/Secure Areas
Only authorized users may have access to and make use of certain password protected and/or secure areas of the Sites. Unauthorized users attempting to access such areas may be subject to prosecution.
Applicable Law and Jurisdiction
This TOU between you and HUAWEI shall be governed by, construed and interpreted in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law therewith. Any dispute or difference arising out of or concerning the TOU or the Sites which cannot be settled amicably shall be submitted to the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules for arbitration by one (1) arbitrator appointed in accordance with the said rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The venue of arbitration shall be Plano, Texas. All documentary submissions, presentations, and proceedings shall be in the English language. The arbitration award shall be final and binding upon the parties. You and HUAWEI agree that any arbitration shall be limited to the dispute between HUAWEI and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and HUAWEI agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or HUAWEI's intellectual property rights; and (2) any claim for injunctive relief by HUAWEI.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Plano, Texas, U.S.A. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Certain areas of the Sites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, music, sound, photographs, graphics, video, messages, or other materials (together with any other user submission made on or through the Sites, each, a "User Submission"). All User Submissions are strictly the views of the originating user, and HUAWEI is not responsible for their accuracy or truthfulness, HUAWEI reserves the right to edit, block, or remove any User Submissions at any time. Use of or reliance on a User Submission is entirely at your own risk.
By submitting a User Submission, you grant to HUAWEI an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that HUAWEI deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). HUAWEI reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. HUAWEI may, but is not obligated to, pre-screen User Submissions or monitor any area of the Sites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. HUAWEI is not required to host, display, or distribute any User Submissions on or through the Sites and may remove at any time or refuse any User Submissions for any reason. HUAWEI is not responsible for any loss, theft, or damage of any kind to any User Submissions. You agree not to submit any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that HUAWEI will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. HUAWEI does not guarantee that you will have any recourse through HUAWEI or any third party to edit or delete any User Submission you have submitted.
By Submitting Any User Submission, You Represent and Warrant That:
a) you are at least 18 years old, or if you are between 13-17 years old, you represent and warrant that you have the permission and agreement of your parent or guardian to make the submission;.
b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to HUAWEI the rights in your User Submissions described herein;
c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
d) you are the individual described, pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is described or heard in your User Submissions to grant the rights to HUAWEI described herein;
e) your User Submissions do not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party, and do not use automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to user content;
f) you voluntarily waive all "moral rights" that you may have in your User Submission;
g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
h) your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), or these TOU;
i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files, including without limitation by imposing an unreasonable or disproportionately large load or adverse impact on the Sites;
m) your User Submission does not contain any information that you consider confidential, proprietary, or personal;
n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
o) your User Submission does not engage in any other action that, in the judgment of HUAWEI, exposes it, any HUAWEI Party, or any third party to potential liability or detriment of any kind.
NOTICE AND PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide the following information to the HUAWEI’s copyright agent:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
B. A description of the copyrighted work that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help HUAWEI locate content quickly);
D. Your name, address, telephone number and e-mail address;
E. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HUAWEI copyright agent, Nicholas Luna can be reached as follows:
Address: HUAWEI Device USA, Inc., 2330 Central Expressway, Santa Clara, CA 95050
Email: Copyright.firstname.lastname@example.org (Please put "Copyright Infringement" in the subject line). HUAWEI may, in its sole discretion, disable and/or terminate use of the Sites for users who infringe the intellectual property of others.
By placing an order on the Sites you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card and authorize HUAWEI or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you placed your order.
Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is HUAWEI Device USA, Inc., 5700 Tennyson Parkway, Suite 600, Plano, Texas 75070, 1-844-524-6667. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
International and Export Issues
HUAWEI administers the Sites through a HUAWEI Party from its offices in Texas, China and Europe. HUAWEI makes no representation that the Sites are appropriate or available for use outside the United States and access to the Sites from territories where its contents are illegal or restricted is prohibited. If you choose to access any Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
Personally identifiable information collected by HUAWEI may be stored and processed in the United States, Germany or any other country in which HUAWEI or the HUAWEI Parties maintain facilities. By using any Site, you expressly consent to any such transfer of information outside of the United States.
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Sites and to not, in violation of any laws, transfer, or authorize the transfer, of any materials to a prohibited country or otherwise in violation of any laws. In particular, but without limitation, the materials may not, in violation of any laws, be exported or re-exported (a) into any U.S. embargoed countries (b) to anyone on the U.S. Treasury Department¡¯s List of Specially Designated Nationals or the U.S. Commerce Department¡¯s Table of Deny Orders or the U.S. Department of Commerce Entity List of Proliferation Concern or the U.S. State Department Debarred Parties List. By using any materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold harmless HUAWEI and the HUAWEI Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that HUAWEI or such HUAWEI Parties may incur as a result of or arising from your (or anyone using your account's) violation of these TOU, any applicable laws, the rights of HUAWEI or the HUAWEI Parties, or the rights of any third party; or your (or anyone using your account's) use of or reliance on any Site or any content or User Submission, or posting of any User Submission. HUAWEI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HUAWEI's defense of such claim.
When you visit any Site or send e-mails to HUAWEI, you are communicating with HUAWEI electronically. We may respond to you by e-mail or by posting notices on a Site. You agree that all such notices, disclosures, and other communications that HUAWEI provides to you electronically satisfy any legal requirement that such communications be in writing.
Copyright . 2016 HUAWEI Device USA, Inc. All rights reserved.