User Service Agreement of TCL Technology Official Website
Publish Date: [October 15th, 2024]
Effective Date: [October 15th, 2024]
Version No.: [Version of October 2024]
Welcome to the official website of TCL Technology Official Website （www.tcltech.com）(hereinafter referred to as the “Website”). TCL Technology Official Website is a platform operated by TCL Technology Group Corporation (hereinafter referred to as “we”) to provide users with information services related to TCL Technology Group Corporation. By browsing, accessing or using this website in any way, as well as accessing or using the contents and services of this website, You are deemed to have agreed to comply with and be bound by the applicable laws and regulations as well as the terms and conditions of this User Service Agreement of TCL Technology Official Website (hereinafter referred to as the “Agreement”). If You use the Website as a representative of an entity, Your use of the Website will be deemed to constitute Your consent to this Agreement on behalf of such entity. If You do not agree to this Agreement, please do not use the Website. This Agreement may be drafted in different languages, including Chinese and English. In case of any inconsistency and discrepancy between the Chinese version and the versions of other languages, the Chinese version shall prevail.
For purposes of this Agreement, the following terms have the following meanings:
- （1）“Content” means all documents, notes, articles, reports, videos, recordings, logos, graphics, photographs, designs and other information or content available on this Website and provided to users by TCL Technology Official Website as part of the services or otherwise.
- （2）“Services” means the content and other new or existing products and services available on this Website from time to time.
- （3）“Website” means the official website of TCL Technology Official Website （www.tcltech.com）.
- （4）“TCL Technology” “we” or “our” means TCL Technology Group Corporation. “You” and “Your” means a user or visitor to this Website.
Please note that we may change this Agreement at our sole discretion from time to time. If there are changes, we will provide a new version of the Agreement in a revised form on this Website. We will also update the relevant dates at the top of the revised version of this Agreement. You may review this Agreement and any modifications to it, if any, by clicking on a link to each page of the Website each time You use this Website. If You use this Website after an amendment of this Agreement has been posted, You will be deemed to have agreed to the amended terms. If You do not agree to any amendment of this Agreement, please stop using this Website.
1.Disclaimer of Warranties
1.1 This Website and all content and services are provided on an “As Is” and “As Available” basis, and are not guaranteed to be free from defects. To the fullest extent permitted by law, we disclaim all warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for any particular purpose.
1.2 While we seek to keep the information provided on this Website accurate and current, we do not guarantee:
(a) The information available on or through the Website is safe, accurate, timely or otherwise reliable;
(b) Our Services will be accurate, adequate, reliable and free from defects, errors or omissions;
(c) Our services can meet Your requirements or adequately meet Your needs in any particular case.
1.3 We make every effort to ensure that our Services are always available but may be interrupted due to maintenance, repairs, upgrades or network or equipment failure. We do not guarantee that our Services are free from bugs or viruses or that they will be available in any particular location outside of China. You are responsible for configuring Your information technology, computer programs and platforms to access this Website. You should use Your own virus protection software.
1.4 Applicable laws in Your jurisdiction may not allow such exclusions, especially the exclusion of certain implied warranties, in which case, all such warranties are disclaimed to the fullest extent permitted by applicable laws.
2. Limitation on Use
2.1 You agree not to use this Website, content and/or services for any illegal purpose or any purposes that are prohibited by this Agreement or this Website.
2.2 You agree that You will not, when using the Website, content and/or services:
(a) violate any applicable law or regulation;
(b) attempt to interfere with the use of this Website or services by others;
(c) use this Website or services in a way that causes excessive bandwidth usage, excessive data transfers or excessive use of servers;
(d) use the Website or services in any way that may damage, destroy, overload or injure this Website, computer systems, servers and networks, or interfere with any other party's use of this Website;
(e) misrepresent Your identity or impersonate any person;
(f) charge others, directly or indirectly, for the use of the services;
(g) attempt to modify, translate, adapt, compile, copy, decompile, disassemble or reverse engineer any software used or provided by us in connection with this Website or services;
(h) obtain or attempt to obtain any information from this Website or services in any other manner than the information we have provided to You;
(i) make compilations or derivative works of any content;
(j) resell or seek to obtain commercial advantage from any of the services;
(k) copy, sell, assign, distribute, publish or transfer Your license to the services in any manner to any third party;
(l) transmit, receive or download information or materials that are inexpedient or would infringe our intellectual or other intellectual property rights.
2.3 All determinations as to the application of these standards are to be made in our sole and absolute discretion. We reserve the right to determine in our sole discretion whether and what action should be taken in response to any infraction. Any action or inaction in specific circumstances will not determine or limit our future response to a complaint.
3. Ownership
All right, title and interest in and to the content and services provided on this Website are owned by us or have been legally licensed to us for use in connection therewith. Except as otherwise expressly provided in this Agreement, none of the content or components of the Website may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Website shall be construed as granting any license to the intellectual property rights in the content and the services, whether implied or otherwise. We reserve any rights not expressly granted in this Agreement.
4. Third-Party Content
This Website may display content provided by third parties (“third-party content"). You may also obtain third party content through links appearing on the Website. However, we are not responsible for any such third-party content. Please understand that we provide links for convenience purposes only and that if You decide to leave this Website and access these third-party websites, You do so at Your own risk. The information and opinions contained in third-party content are solely those of the authors of such third-party content, and we do not verify, warrant, or guarantee the quality of third-party content, including its availability, accuracy, or completeness.
5. Your Content
5.1 When You submit, upload, transmit or display any data, information, media or other content in connection with Your use of this Website (“Your Content”), You understand and agree that:
(a) You will continue to own and be responsible for Your Content;
(b) You grant us and our affiliates a perpetual, non-exclusive, transferable, sub-licensable, royalty-free license (at no cost to You) to use Your Content, worldwide, to provide, promote, develop and improve this Website, content and our services, including new services we may provide in the future. As part of this License, we may copy, relocate, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and through all methods of distribution (including methods of distribution as they are developed in the future); we may share Your Content with third parties with whom we cooperate to help provide, promote, develop and improve the website, content and our services;
(c) we may retain and continue to use Your Content after You stop using this Website; however, Your Content does not contain any personal information, and if we discover that Your Content contains any personal information, we will remove or anonymize such personal information prior to use.
5.2 You are solely responsible for Your Content. We are not responsible for maintaining backups of Your Content and we recommend that You always keep back-up copies of Your Content. You must always ensure that:
(a) You have the rights necessary to copy, process, transmit, access, publish, display and use Your Content and to grant the rights set out in this Agreement to us and other third parties;
(b) Your Content (and our use of Your Content in accordance with these terms of use) does not infringe or otherwise violate any applicable laws and regulations or the rights of any person.
6. Change
As the website and the user experience continue to develop, we may change the content and services or disrupt or terminate them. We will promptly notify You of any change, disruption or termination of Services by amending these terms and conditions and by posting a webpage notice or otherwise. You acknowledge and accept our right to change, disrupt or terminate services. After the terms and conditions of this Agreement are changed, if You continue to use this Website, You shall be deemed to have accepted the modified agreement. If You do not accept the modified agreement, You should stop using this Website.
7. Limitation of Liability
You understand and agree that to the fullest extent permitted by applicable law, we will not be liable for any direct, indirect, incidental, special, or incidental damages (including, without limitation, damages resulting from the procurement of substitute goods or services, loss of use, time, or profits, or business interruption) arising out of Your use of this Website in any way that does not belong to us.
8. Indemnification
To the fullest extent permitted by law, You agree to indemnify, defend and hold us harmless from and against any liability, losses, claims and expenses arising out of Your breach of this Agreement, violation of applicable laws, infringement of third-party rights (including without limitation patents, trademarks, copyrights, trade secrets or other intellectual property rights), willful misconduct or other misuse of this Website, Content or services.
9. Personal Information Protection
We fully respect Your rights to personal information. When collecting and processing Your personal information, we will comply with all applicable laws and regulations and strictly protect Your personal information. For more details on the protection of Your personal information, please refer to the Privacy Policy of TCL Technology Official Website.
10. Force Majeure
“Force majeure” means any event beyond the reasonable control of this Website, unforeseeable or unavoidable, which prevents, affects or delays this Website from performing its obligations in whole or in part under this clause. Such events include but are not limited to acts of governments, natural disasters, wars, hacker attacks, computer viruses, network failures etc. Force majeure may lead to impossibility, slow access to this Website, loss of stored data, disclosure of users' personal information and other adverse effects.
In the event of an event of force majeure, this Website may suspend performance of obligations hereunder until the effect of such force majeure is removed, without liability for breach of contract; nevertheless, we will make reasonable efforts to mitigate or overcome the negative impact of the event on this Website.
11. Severability
If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.
12. Termination
We reserve the right to terminate Your access to this Website, content or services if You materially or repeatedly breach this Agreement.
13. Assignment
You may not assign any of Your rights under this Agreement. We may assign our rights to any of our holding companies, affiliates or subsidiaries or successors in interest to any of our business related to the services.
14. Waiver
Any failure to exercise, and any delay in exercising, any right, power or privilege granted under this Agreement will not operate as a waiver thereof, nor will any single or partial exercise of the same preclude any subsequent or further exercise thereof or the same.
15. Entire Agreement
This Agreement constitutes the entire agreement between You and us. You acknowledge that You have not relied on any statement, warranty or representation made by us or any other person or entity in entering into this Agreement.
16. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the Mainland of the People’s Republic of China (excluding conflict of laws).
17. Dispute Resolution
In the event of any dispute, controversy or claim arising out of or relating to this Agreement or Your use of this Website, content or services, You will attempt in the first instance to resolve such dispute amicably through friendly consultation. If such consultation fails, either party may submit the dispute to the competent people’s court with jurisdiction in the place where actual operator of TCL Technology Official Website is located.
If You have any question about the terms and conditions of this Agreement, or need to make any complaint, please send email to tcl-ds@tcl.com, we will timely reply to and properly solve Your problem.