Last updated: 04/05/2016
The Store is an online marketplace that HTC has created and operates which allows end users to access, purchase and use content, digital materials, applications, software, services, platforms, and websites (“Products”).
To access and use certain features of the Store, You will be required to establish an HTC Account. When You register for an HTC Account, You must provide HTC with current, complete, and accurate information. You must keep Your HTC Account log-in credentials confidential and not authorize any third party to use it or Your HTC Account. You agree that HTC may attribute all use of Your HTC Account to You and that You are responsible for all activities that occur under Your HTC Account, including any purchases made using Your HTC Account. You must notify HTC immediately if You suspect unauthorized use of Your HTC Account credentials at the following e-mail address: email@example.com.
To access and use Products from the Store, You will need a computer that meets the system and compatibility requirements for the relevant Products, working internet access, a compatible virtual reality headset, and compatible software. These system requirements may change from time to time. Your ability to access and use Products from the Store, as well as the performance of these Products may be affected by these factors. These system requirements and the associated costs are Your responsibility.
Products are made available subject to HTC’s sole discretion. Selection or availability of any Products may be limited based on region. You may download and store purchased Products on up to five (5) personal computers or other compatible electronic devices at a time. HTC may from time to time place additional limits or other requirements on the number of devices and/or software applications You may use to access Products. HTC may record and store the unique device identifier numbers of Your personal computers or other electronic devices in order to enforce such limits. The availability of Products will vary between countries and not all Products may be available in Your country of residence.
The Store may display age and content ratings for Products that are provided by developers of such Products. HTC does not guarantee that these ratings are accurate or that the Products do not contain objectionable content or otherwise comply with applicable law.
Even if You use an HTC back-up service (if any is provided), (i) HTC does not guarantee that any Products, or other content and information You store or access will not be removed, damaged, corrupted, lost, or unavailable, and (ii) You are still responsible for backing up any Products or other content and information that You store or access using the Store. You also agree that any information, content, and software that You upload or download on a device may not be available to You on other devices.
Once a Product is made available to You, You should check the Product as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated. Please contact the developer or the Third-Party Payment Provider concerning any defects or performance issues.
HTC has no obligation to and may not provide support for the Store or any Products. You agree that HTC may automatically check Your computer to determine Your version of the Store and any Products You have acquired and may automatically send Your computer updates to the related software.
Separate from any user content You may contribute pursuant to Section 17, You may submit oral or written comments, suggestions, ideas, plans, notes, and drawings, or other information about the Store or Products (“Feedback”). HTC is free to use, disclose, reproduce, license, or otherwise distribute that Feedback, without any obligations to You.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE HTC VIVE, WHICH ARE AVAILABLE AT VIVE.COM. BY USING THE HTC VIVE, THE STORE, AND ANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS. HTC MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY. ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY THIRD PARTY LICENSORS IN RELATION TO THEIR PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS(INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.NOTHING IN THIS SECTION 23 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS.IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT(IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 23 MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS(INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.NOTHING IN THIS SECTION 24 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS.IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT(IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 24 MAY NOT APPLY TO YOU.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND HTC AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HTC WITHIN ONE(1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED(WHICH MEANS THAT YOU AND HTC WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
The Store, the Products available within, the Paid Points, and Reward Points were not designed for systems that do not require fail-safe performance. You may not use the Store, any Products, Paid Points, or Reward Points in any device or system in which a malfunction of the Store, any Product, Paid Points, or Reward Points would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.
If You reside in North or South America, You are contracting with HTC America, Inc. and the following terms in this Section 27(a) shall apply:
AGREEMENT TO ARBITRATE DISPUTES
IF YOU reside IN NORTH OR SOUTH AMERICA PLEASE READ THIS SECTION 27(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTC.
Rules of AAA. The rules of AAA and additional information about AAA are available on the AAA website (https://www.adr.org/aaa/faces/aoe/gc/consumer). By not opting out of this agreement to arbitrate as specified below, You either (a) acknowledge and agree that You have read and understand the AAA Rules, or (b) waive Your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
Applicability of Agreement to Arbitrate. IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
You agree to respect the intellectual property rights of HTC and third parties. If You believe that material available through the Store infringes the copyright of any third party, please notify HTC's copyright agent by using the notice procedure described within the Copyright link on the Store website. After receiving notice, HTC may remove or disable access to any potentially infringing material. HTC has the right to terminate any account or right of access to the Store for infringement by the account holder, or person accessing the Store, of HTC's or others' rights.
YOU will comply with all national and international laws, rules and regulations that apply to the Store and any Products and Your use of the Store and any Products, (to which the they are subject), as well as end-user, end-use, and destination restrictions issued by U.S. or other governments.
If to HTC Corporation
Attn: General Counsel
No. 88, Section 3, Zhongxing Road
Xindian Dist., New Taipei City 231
If to HTC America, Inc.
Attn: VP and Deputy General Counsel
308 Occidental Avenue South
Seattle, Washington 98104
With a copy to: HTC Corporation at the address above
If to HTC Europe Co., Ltd.
Salamanca, Wellington Street
Slough, Berkshire SL1 1YP,
With a copy to: HTC Corporation at the address above.