1. Registration obligations.When you are registering a mydlink account to use our online services, you need to provide some required personal information and proceed with related verifications, as may be required by the communication regulations and statutes of different countries. You agree to:
2. Account, password, and security.If you use any part of the mydlink online services that requires a login email or password, then you are responsible for maintaining the confidentiality of that email and password and for restricting access to your computer, and you agree that you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your account or password. You agree to (i) immediately notify D-Link of any unauthorized use of your account or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session of online services. D-Link reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your account and your online services, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. D-Link will not be liable for any loss or damage arising from your failure to comply with this Section.
3. Products and services.We are devoted to providing the best products and services for our customers. To allow us to provide high quality, dependable services, the firmware of mydlink devices will be upgraded automatically through the Internet without any advance notification. As part of this process, we will use all reasonable efforts to minimize disruptions to your use of and access to our services to the greatest extent possible.
4. Prohibited uses.(i) Lawful purposes only.
5. Confidentiality.The mydlink web site contains proprietary and confidential information of D-Link and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of using the mydlink web site and services in accordance with this agreement, and maintaining and supporting your D-Link product. You also agree to be careful with this D-Link information and to only disclose it within your company to employees on a need to know basis who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any D-Link confidential and proprietary information that you receive. Unless otherwise stated, any information you provide at the mydlink web site shall be deemed to be non-confidential and D-Link will have no obligation to protect such information from disclosure or use and may use such information in any way it chooses.
6. Copyright notice; intellectual property rights.D-Link authorizes you to copy materials published by D-Link on the mydlink web site solely for non-commercial use in support of D-Link products and services. Should you make any copies of these materials, you shall retain all copyright and other proprietary notices in the same form and manner as on the original. Any software that you download is governed by the license terms accompanying the software or as otherwise specified.
7. Disclaimers.The information on the mydlink website, as well as the mydlink services and products, are provided "as is". We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or product for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the mydlink web site, services or products will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information.
8. Limitation of liability.IN NO EVENT SHALL D-LINK, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, LICENSORS OR NETWORK SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF GOODWILL, PROFIT OR DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING THE USE OF OR INABILITY TO USE THE mydlink WEB SITE, SERVICES AND/OR PRODUCTS, THE INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE EMERGENCY DIALING SERVICE OR TO OBTAIN EMERGENCY HELP, AND UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF D-LINK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, AS WELL AS CAPURTURING INGOING AND OUTGOING DATA, D-LINK DOES NOT WARRANT THAT THE PRODUCT, SOFTWARE OR SERVICES, OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE PRODUCT, SOFTWARE OR SERVICES ARE USED WILL BE FREE OF VULNERABILITY TO INTRUSION, ATTACK OR CAPTURING OF DATA.
9. Ownership of feedback.D-Link welcomes your comments and feedback regarding our products, services, and web site. With respect to all information and materials transmitted or posted to this web site, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, and graphics ("Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) D-Link is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) D-Link shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) D-Link may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of D-Link without any obligation of D-Link to you; and (f) you are not entitled to any compensation or reimbursement of any kind from D-Link under any circumstances.
10. Your representations and warranties.You represent and warrant that you possess the legal rights and ability to enter into this agreement and to comply with its terms. You will use the mydlink web site, services and products for lawful purposes only in accordance with this agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the mydlink web site, services, and products. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our web site, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the web sites if we think that they are creating issues or possible legal liabilities, or are acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
12. Third party links.D-Link may provide links to other web sites that we think may be relevant and interesting to our users ("Third Party Links"). D-Link is not responsible for the content on the Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
13. Indemnity.You will indemnify and hold harmless D-Link and its officers, directors, affiliates, employees and licensors, and any other service provider who furnishes services to you for our service, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees): (A) made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party, and (B) incurred by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, emergency dialing, or your device, or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
14. Waiver of claim or causes of action.You waive all claims or causes of action arising from or relating to our emergency dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
15. Liability for content.You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content will comply at all times with all laws, regulations, and written and electronic terms and conditions for using the mydlink web site, services and products.
16. Force majeure.D-Link shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.
17. Governing law and jurisdiction.Claims related to or arising under this agreement shall be governed by the laws of Taiwan, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Please note that your use of the mydlink web site, services and/or products may be subject to other local, state, national, and international laws. You hereby agree to submit to exclusive jurisdiction of Taiwan Shihlin District Court for any claim or dispute arising out of or related to this Agreement, including claims related to the mydlink web site, services and products, and you further agree and expressly consent to the exercise of personal jurisdiction in Taiwan Shihlin District Court in connection with any such dispute, including any claim involving D-Link or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. , subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
18. Miscellaneous.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.
19. Entire agreement.This agreement, including any future modifications to its terms, and the rates for services found on the mydlink web site, constitute the entire agreement between you and D-Link with respect to the subject matter hereof. This agreement governs your use of the mydlink web site, and the use of our services by the members of your household and your guests and employees. It supersedes all prior or contemporaneous statements, understandings, writings, commitments, representations and agreements between you and D-Link concerning its subject matter.
20. Changes to agreement.We may amend this agreement at any time by posting the amended terms on the mydlink web site. Your continued use of the mydlink web site, services and/or products shall constitute your acceptance of such revised agreement. This agreement may not be otherwise amended except in a writing signed by you and us.
21. Survival.The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall so survive.
22. Termination of service.We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice on the following terms: (i) Unlawful or Inappropriate Use: If we determine that you have used the mydlink web site, services or products for an unlawful or inappropriate purpose, or if we determine that your use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others. (ii) Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges. (iii) Violation of laws of jurisdiction: If we determine that you have used the mydlink web site, services or products in violation of any applicable local, state, national, and/or international laws and regulations.
23. No third party beneficiaries.If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
24. Legal age.You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
25. Contact.If you have any questions or concerns about this agreement or any issues raised in this agreement or on the mydlink web site, please contact us at:https://www.mydlink.com/contact