SnugTV

	Terms of Use
Effective August 15, 2009.
MODIFICATIONS TO THESE TERMS OF USE
AVerMedia welcomes you. AVerMedia provides its products, software and service (the “Service”) to you and you use the Service provided on the web sites of AVerMedia (the "Site") subject to the following terms of service. If you do not agree with any of the terms hereof, FAQ or other guidelines or rules posted on the Site, do not access or otherwise use the Site or any information or services contained on the Site. This terms of service may be updated by us from time to time by posting a notice on the website, or by sending a notice via email. You can review the most current version of the terms of service at any time. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the site and services, and if applicable, cancel your account. Your use or continuous use of the Site or the information or the Service on the Site will be deemed that you have read, understood and agreed upon each provision of the Terms of Service and the updated Terms of Service. In addition, when using particular AVerMedia services, you and AVerMedia shall be subject to any rule applicable to such services, which may be posted from time to time.
To ensure that you are updated as to any change, and the latest version will be available at http://www.snugtv.com/lang/oth/eng/static/footer-2.php
This Terms of Use, together with any other legal notice posted by AVerMedia on the website, shall constitute the entire agreement between you and AVerMedia concerning the website.
SUBSCRIPTION OF PAID SERVICE The Site provides paid services including Hosted Relay Services, quality improvement, better streaming quality, higher resolution, better feature set……etc.(“Paid Service”). You may subscribe to the Paid Service based on the then-current rates posted on the Site. AVerMedia reserves the right to change the rates at any time without prior notice,there are no refunds on already-pay-off payments.
WEBSITE ACCESS AVerMedia hereby grants you the limited right to display the information, documents, software, services, trademarks, logos, graphics and images provided on the Site only on your personal computing device and to copy and download the foregoing, provided that: (i) your use is solely for your personal, non-commercial or internal information use; (ii) you will not copy or distribute any part of the Site in any medium without AVerMedia prior written authorization; (iii) you will not alter or modify any part of the foregoing in any manner; and (iv) you will otherwise comply with the terms and conditions of this Terms of Use. If you breach any of the Terms of Use, this limited license will terminate automatically and we will terminate your access to the Site without notice to you. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed materials obtained from the Site. Except as expressly stated in the Terms of Use, you have no right, title or interest in or to the information, documents, software and services provided on the Site.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the AVerMedia servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, AVerMedia grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials.
You agree not to collect any personal information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. AVerMedia reserves the right to discontinue any aspect of the AVerMedia Site at any time without notice and AVerMedia may change the Services or computer software at any time without notice.
In order to access some features of the Site, you will have to create a membership account. You may never use another's account without permission. You represent and warrant that (a) all registration information you submit is accurate, current and truthful; (b) you will maintain the accuracy of such information; and (c) you are of legal age to agree to these terms and conditions or you have your parents' or guardian’s permission to do so.
You are solely responsible for the activity that occurs on your account, and you must keep your account password(s) secure. You must notify AVerMedia immediately of any breach of security or unauthorized use of your account. Although AVerMedia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AVerMedia or others due to such unauthorized use. AVerMedia reserves the right to suspend and/or discontinue any aspect of the Website in its sole discretion at any time without notice.
USER SUBMISSIONS The Website may permit the submission of commentary, images, videos and/or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such User Submissions. You expressly agree that any such submissions are not confidential and may be publicly available..
AVerMedia reserves the right to decide whether content or a user submission is inappropriate or violates this Terms of Use or any other agreement by which AVerMedia may be bound, including copyright infringement, violations of intellectual property law, obscene or defamatory material, or excessive length. AVerMedia also reserves the right, in its sole discretion, to refuse to post or remove any posting, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, AVerMedia assumes no responsibility for monitoring the Site, content, or user submissions for inappropriate conduct, or modifying or removing such conduct, content or user submissions from the Site.
The use of the Service by you is subject to the End User License Agreement of the AVerMedia Software and all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all applicable laws, rules and other regulations; (ii) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or any other harmful component; (iii) not to use the Service or AVerMedia Software for illegal purposes; (iv) not to delete from the AVerMedia Software, documentation or any web site used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or do not have express permission to modify; (v) not to interfere or disrupt networks connected to the Service; (vi) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
WEB-BASED AVERMEDIA PLAYER The terms apply to the Web-based software available via the Site (the "WBSP Software"). Subject to the terms and conditions hereof and your continued compliance therewith, AVerMedia grants a limited license for you, as a single user to install and use the executable form of the WBSP Software. This license may not be transferred by you to any third party and is non-exclusive. The foregoing license granted to you by AVerMedia is solely for your personal, lawful, non-commercial use in connection with a AVerMedia web-enabled product owned by you and connected to an audiovisual source that you are lawfully entitled to view. AVerMedia reserves all rights in the WBSP Software not expressly granted to you in this Agreement. If AVerMedia provides you with any update or upgrade to the WBSP Software ("Update"), your use of such Update will be governed by the terms and conditions herein or other terms and conditions provided by AVerMedia that relate to such Update.
It is your responsibility to familiarize yourself with the relevant laws applicable to the content that you may access and view and the way in which you receive content through your AVerMedia web-enabled product and to comply fully with such laws. YOU AGREE THAT THE WBSP SOFTWARE WILL BE USED SOLELY FOR YOUR OWN PRIVATE AND PERSONAL PURPOSES, AND YOU WILL NOT PUBLICLY SHOW OR OTHERWISE MAKE AVAILABLE TO THE PUBLIC OR ANY UNAUTHORIZED PERSON ANY CONTENT DELIVERED THROUGH THE WBSP SOFTWARE. YOU WILL NOT ENCOURAGE OR INDUCE ANY AVERMEDIA USERS TO VIOLATE THE TERMS OF THEIR AGREEMENT WITH AVERMEDIA, INCLUDING BY MAKING AVAILABLE TECHNOLOGY OR SERVICES DESIGNED TO FACILITATE SUCH VIOLATIONS.
Except as expressly specified in this Agreement, you may not: (a) copy, modify or create derivative works of any WBSP Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute any WBSP Software to any third party; or (c) make the functionality of the WBSP Software available to any other user through any means, including by uploading any WBSP Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services. You are solely responsible for any data or mobile telecommunications charges incurred by you as a result of your use of the WBSP Software and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your use of the WBSP Software. Some jurisdictions require that users obtain a television license to receive television programming. You are solely responsible for obtaining and paying for such a license in addition to any cable, satellite or access fees that may be applicable, and you shall comply with the terms and conditions of your cable or satellite provider or television licensing authority. Check with any television licensing authorities in your local jurisdiction for more information.
THIRD PARTY LINKS The Site may contain links to third party websites that are not owned, maintained or controlled by AVerMedia. Such links do not constitute an endorsement by AVerMedia of those third party websites. When you access third party websites, you do so at your own risk. AVerMedia encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. AVerMedia has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in or transactions completed on any third party websites. In addition, AVerMedia will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve AVerMedia from any and all liability arising from your use of any third party website.
TERMINATION This Terms of Use shall remain in full force and effect while you use the Website. At any time, you may terminate your use of the Website or your account by following the instructions on the Website. AVerMedia may terminate your access to the Website or your membership at any time, for any reason, and without warning.
WARRANTY DISCLAIMER Although AVerMedia has attempted to perform the Services in an industrial manner and has adopted certain technical mechanisms to ensure the security of data or information during the transmitting (connecting) process, AVerMedia assumes no responsibility for the inaccuracy, incompleteness or insecurity of the data or information being transmitted (connected) through the Services. YOU AGREE THAT YOUR USE OF THE AVERMEDIA SITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, AVERMEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. AVERMEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. AVERMEDIA DOES NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AVERMEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES..
The Site is owned, controlled and offered by AVerMedia in Taiwan. Other Services cover Taiwan, Mainland China, United States, Russia, France and Spain so far. We make no representations that the Site is appropriate or available for use in other locations nor is suitable for any computer system. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law..
INTELLECTUAL PROPERTY RIGHTS The content on the AVerMedia Site, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are (as between you and AVerMedia) owned by or licensed to AVerMedia, subject to copyright and other intellectual property rights under Taiwan and foreign laws and international conventions. AVerMedia and its licensors reserve all rights not expressly granted in and to the Website and the Content.
INDEMNITY You are responsible for maintaining the confidentiality of your account and password(s). AVerMedia is not liable for any loss incurred by you resulting from another's use of your password, account, as may be applicable, either with or without your knowledge. However, you may be held liable for losses incurred by AVerMedia or another party due to another's use of your password, account. You shall not access or use someone else's account at any time, without the permission of the account holder. You are also responsible for all activities that occur under your account. You agree to defend, indemnify and hold harmless AVerMedia and its corporate affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, proceedings, obligations, losses, liabilities, costs, debt, demands, and expenses (including attorneys' fees) arising from: (i) your use of or access to the Website (including Content and User Submission); (ii) your violation of your representations and warranties set forth above or any other terms of this Agreement; (iii) your violation of any third party right, including any trademark, copyright, publicity, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You agree to use your best efforts to cooperate with AVerMedia in the defense of any demand, claim, action or suit.
LIMITATION OF LIABILITY IIN NO EVENT SHALL AVERMEDIA, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVERMEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT AVERMEDIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
COMPUTER SOFTWARE Any computer software which may be downloaded or is otherwise available from the Site is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. You will not be able to use, download or install any software unless you agree to the terms of such license agreement. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Site without AVerMedia express prior written consent. You are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted only according to the terms of the license agreement. AVerMedia and its licensors retain all title to and reserve all intellectual property rights in and relating to such software. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSED AGREEMENT, AVERMEDIA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FORCE MAJEURE No party shall be liable for any performance failure, delay in performance, or lost data under this Terms of Use (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Terms of Use, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. .
GENERAL This Term of Use will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Taiwan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Taipei District Court in Taiwan, when Taiwanese law applies, and the competent courts of England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Term of Use will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. This Terms of Use, together with the Privacy Policy and any other legal notices published by AVerMedia on the Site, shall constitute the entire agreement between you and AVerMedia concerning the AVerMedia Site. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and AVerMedia failure to assert any right or provision under this Terms of Use shall not constitute a waiver of such right or provision.