(posted and effective from February 1, 2001)
Applicable to the Transway web site at the following URL/domain names:www.trans-way.net
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BY ACCESSING THE "TRANSWAY"
WORLD WIDE WEB PAGES (THESE "SITE PAGES") AT ONE
OF THE URL/DOMAIN NAMES NOTED ABOVE (THIS "SITE"),
YOU AGREE TO THE FOLLOWING SITE TERMS (AND LEGAL NOTICE) (THESE "SITE
TERMS"). IF YOU DO NOT AGREE WITH THESE SITE TERMS, PLEASE
DISCONTINUE YOUR USE OF THIS SITE. Modification
of Site
Transway may change these Site Terms, or change, modify or withdraw
access to, or the content of, this Site and these Site Pages at any time,
with or without notice, so you should recheck these Site Terms prior to
each visit to or use of this Site. Transway has posted above the effective
date of this version of these Site Terms for your reference.
Applicability
The content of this Site, including without limitation pricing
of products sold on this Site (if any), information about mobile phones
accessories, and general information about other products, is applicable
to products sold from this Site and not necessarily to products sold in
other markets or from other web sites. These
Site Terms are applicable to this Site, please read the site terms
(or legal policy) and the privacy policy applicable to such site to ensure
you understand and agree with the terms applicable to your visit of that
site.
Restricted
Use and Copyrights
The information, photographs, audio and video clips, ring tones
and ring tunes, picture images, graphics, links, architecture, including
format, layout and data structures, and other content on this Site are
protected by a variety of laws, including but not limited to copyright
laws and treaty provisions, trademark laws and proprietary rights laws.
The images or pictures of Transway products are either property of, or
used with permission by, Transway. The use of this Site's text, audio,
images or pictures by you, or anyone else authorized by you, is strictly
prohibited, except in compliance with these Site Terms. Transway own copyright
in the individual elements of this Site's content, as well as in the selection,
coordination and arrangement of this Site's content. Reproduction, transfer,
distribution or storage of part or all of the contents of this Site in
any form without the prior written permission of Transway is prohibited,
except in accordance with these Site Terms. Transway consents to your
browsing this Site on your computer or storing these Site Pages on your
computer, or printing copies of extracts from these Site pages, for your
personal use only and not for redistribution, unless otherwise consented
to in writing by Transway. The limited consent granted in these Site Terms
shall terminate automatically if you breach any of these Site Terms. Upon
any such termination, you must immediately destroy any disk loaded copies
of these Site Pages, or applicable printed materials. Individual documents
in these Site Pages may be subject to additional terms indicated in those
documents. Unauthorized use of the materials displayed on this Site may
violate copyright, trademark, privacy, publicity and/or communications
laws and regulations.
Trademarks
All trademarks mentioned on this site are property of their respective
companies. Including product names, logos, commercial symbols, trade names
and slogans are trademarks of those respective or related companies and
are protected by international trademark laws. You are prohibited from
using any of the marks appearing on this Site without the express prior
written consent of their respective companies, except as permitted by
applicable laws. The other marks and logos shown on this Site may be marks
owned by third parties. Nothing shown on this Site should be construed
as granting, by implication, estoppel or otherwise, any permission, license
or right to use any trademark, service mark or trade name displayed on
this Site without the written permission of the respective companies that
may own the trademark, service mark or trade name at issue.
Disclaimers
All of the data contained on this Site relating to third-party
products or services, including but not limited to, the prices and the
availability of any service, product, product feature, or coverage of
service, if any, should be verified with the company supplying the product
or service and is subject to change without notice. Transway reserves
the right, in its sole discretion and without any obligation, to make
improvements to, or correct any errors or omissions in, any data contained
on this Site. Transway intends to update such data where and as appropriate,
but shall not be liable for any inaccuracies, delays or failures to do
so and shall not be obligated to notify users when information has been
updated. Transway do not guarantee the accuracy or reliability of any
information (including software) in this Site. and Transway is not responsible
for any loss or damage that is caused by your reliance on any data contained
on this Site.
This Site and the contents of these Site Pages are provided as a convenience to you on an "AS IS" and "AS AVAILABLE" basis. Transway does not warrant that your access to these Site Pages will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE SITE PAGES. NEITHER TRANSWAY, NOR ANY OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE CONTENTS OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF TRANSWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRANSWAY ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF TRANSWAY IN ANY SUCH CASE SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Security of
Online Transactions
This Site's Privacy Policy web page discloses how Transway endeavors to
secure any on-line transactions that may be supported on this Site against
unauthorized access or improper use of your personal information. Click
here to read this Site's Privacy Policy. The terms of this Site's Privacy
Policy are incorporated into these Site Terms by this reference.
Framing
If you want to frame any of these Site Pages or any portion of this Site
for access through your web site, please email Transway and in the subject
line of your email state "Framing Request" and provide any other
pertinent information, including a link to your site, so that Transway
can evaluate your request. Transway reserves the right to withhold its
approval of any such framing activities. Transway will notify you with
approval or disapproval.
Links; No Endorsement
For
your convenience, Transway may include links to other sites on the Internet
that are owned or operated by third parties. When linking to a third-party
site, you do so at your own risk and should review and determine if you
agree to that site's terms and conditions of use (legal policy) before
using such site. You also agree that Transway has no control over the
content of any such sites and cannot assume any responsibility for material
posted on or published by third-party sites. In addition, a link to a
third-party site does not imply that Transway endorses the site or the
products or services referenced on such third party site.
Privacy
and Submissions
This Site's Privacy Policy web page discloses how Transway will
maintain and use any personally identifiable information obtained from
your site visit(s) to this Site. Click here to read this Site's Privacy
Policy.
For all other submissions of information or content by you to this Site, the following terms apply.
By submitting information or material (such as feedback, data, text, software, music, sound, photographs, graphics, video, messages, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like, or any other material) to Transway, for example, by e-mail or via this Site, you license and grant Transway a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, copy, modify, adapt, create derivative works from, distribute, and display or publish such content or any concept described in it throughout the world in any media or product, including, without limitation mobile phone accessory products and covers, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use.
Additionally, with regard to content submissions, you agree that:
(a) You will not post, publish, transmit, distribute, or upload any information through this Site that is unlawful or fraudulent, or violates any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and warrant to Transway that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;
(b) The content will not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's privacy, or that Transway may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;
(c) You will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any content to this Site, post, publish, transmit, distribute, or upload any information through this Site that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, cancelbots, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;
(d) You are the author and own the content or have the unlimited right to provide it to Transway;
(e) You agree not to take action against Transway in relation to content that you submit;
(f) Your content submission shall not cause injury or harm to any persons or entities;
(g) You will not use this Site to "stalk" or harass another person;
(h) Your use of this Site will not compromise the security or integrity of Transway's computer systems, networks or web sites or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any, computer programming routine, file or device to damage or interfere with the operation of this Site;
(i) You will not post, publish, transmit, distribute, or upload through this Site any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "SPAM", pyramid schemes or any other solicitations or communications, including without limitation spamming Transway or other Site users, or use or collect Site user e-mail addresses or other user information or postings, or use this Site to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to Transway or any site visitor's computer system;
(j) You will not register with or otherwise use a false name or identity, impersonate any person or entity, including without limitation Transway personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another user password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of content, or falsify or misrepresent any content with respect to submissions to this Site; and
(k) You will follow all applicable laws and regulations applicable to your use of this Site. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Managing Content
Transway does not and cannot monitor and review the content posted,
if any, by users on this Site, and is not responsible for such content.
However, Transway may at any time at its discretion remove any content
posted by users without explanation.
Transway respects the intellectual property rights of others and asks you and all users of this Site do the same. Please make special note that only the copyright owner of a musical composition (usually the original composer or the applicable licensing company) or related digital file or software may give you permission to use such musical composition or software for your personal usage. Without such permission, you may be found liable for copyright infringement.
Transway can make no representation or warranty or assist you in determining whether you have rights to utilize the content you submit to this Site. You may not commercially exploit copyrighted materials or works without first obtaining the appropriate permission or authorization from the rights holder. Transway is not responsible for ensuring that appropriate rights have been secured.
If you are having difficulty deciding whether your content or work infringes another's intellectual property rights or is otherwise inappropriate for submission to this Site, Transway strongly encourages you to seek competent legal counsel before submitting the content in question.
As used in these Site Terms, "Transway" means Transway Electronic Limited. Transway operates and controls this Site.