Terms of Use
Last Updated October 1, 2021
Welcome to the official website of Phison Electronics Corporation (“Phison”) and Phison’s owned blog: Phison Blog (collectively “Website”). Please read these terms and conditions of using the Phison Website (“Terms and Conditions of Use”) carefully before using this website. Your continued use of this website means you (collectively “User” or “You”) expressly agree to be bound by these Terms and Conditions of Use, as well as any laws and regulations governing the website. This Website Information, as defined in Section 3 of the Terms and Conditions of Use, is intended for the lawful use of Phison’s customers, employees, and members of the general public.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
1. Acceptance of Terms and Conditions of Use
You represent and warrant that you have the legal authority to accept the Terms and Conditions of Use on behalf of yourself or any entity you represent. You acknowledge and agree to comply with applicable laws and regulations, including local laws and regulations, regarding the use of this website.
2. Changes To The Terms And Conditions Of Use
Phison has sole and absolute discretion in creating Website Information and in the ways we provide our services and may remove, modify, suspend, revoke or terminate the Website Information in whole or in part at any time by Phison’s consideration without sending any notice to the User.
Phison reserves the right to change the Terms and Conditions of Use at any time by updating this website at our sole discretion. You acknowledge that you have been advised by Phison that if you continue to use the services after any such change, you are bound by those changes. It is your responsibility to review our Terms and Conditions of Use when you use our website or services to note any changes. If any change is not acceptable to you, you are not permitted to continue using the services.
3. Intellectual Property Rights and Permitted Use of the Website
3.1 Phison owns or has legal permission for use of any and all information provided or disclosed on this website, including but not limited to words, audio/video material, pictures, photos, graphics, sound, scripting, services, PDFs, product brochures, text, design, software, which includes all code, files, images, contained in or generated by the software, and accompanying data, trademarks, trade dresses or identifications, etc. (collectively “Website Information”) and as such, are under the protection of relevant laws of intellectual property rights (including but not limited to: copyright law, trademark law, patent law, trade secrets, etc.)
3.2 Permitted Use of the Website: Through the Website, Phison provides you with access to Website Information, which its content, features, information, and resources that may be augmented or modified from time to time by Phison at its sole discretion. You agree that you are only authorized to visit, view, browse, download, and retain copies of pages of this website within a reasonable scope and under general commercial, personal or academic purpose (“Permitted Use of the Website”) and any other use not covered in the Permitted Use of the Website, including but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the website (whether by linking, framing or any other method) may not be made without Phison’s prior consent.
4. Limitation of the Use of Website Information
4.1 You acknowledge that, except as expressly set forth herein, nothing in these Terms and Conditions of Use shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement.
4.2 If you download or acquire the software from this website, please note that the use of the software may be subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the software license agreement.
4.3 Phison owns the copyright in both certain of the Website Information itself and the selection, coordination, arrangement, and enhancement of the Website Information. You shall not modify the Website Information.
4.4 You hereby agree not to use the website in any way to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or upload, post, send emails, transmit, or otherwise provide any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
You acknowledge and affirm that Phison is not responsible in any way for your non-compliant, illegal or otherwise unacceptable use, nor for any harassment, threats, defamatory, offensive, or illegal messages or transmissions you may receive as a result of using the website. You agree that you will not intentionally or unintentionally violate any applicable laws related to your use of the website. If you violate any of the above regulations, you may be prosecuted and compensated for damages to the full extent of the law.
5. Disclaimer
WEBSITE INFORMATION IS PROVIDED “AS-IS”. PHISON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, FITNESS, OR NON-INFRINGEMENT OF THE WEBSITE INFORMATION. THIS INCLUDES ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES USER MAY EXPERIENCE WHILE USING THE WEBSITE MOREOVER, PHISON ASSUMES NO LIABILITY FOR ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED TO THE WEBSITE INFORMATION, ESPECIALLY FOR THE USER’S INVESTMENT REFERENCE. THE USER SHALL SOLELY ASSUME ANY AND ALL LIABILITY AND RISK FOR THE USE OF THE WEBSITE INFORMATION.
6. LIMITATIONS OF LIABILITY
PHISON, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL IN NO WAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE OUR APP, SITES OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Submission Of Information
Any information provided by the User via electronic means, such as email service shall not be deemed confidential or proprietary, and a sent email shall not be deemed a sufficient delivery for or acceptance of formal legal documentation.
Do not send any confidential or proprietary information to Phison through the website. Any information you do send to Phison through this website will be deemed NOT to be confidential (“Non-Confidential Information”).
For any Non-Confidential Information you send, the User agrees to authorize Phison unlimited and irrevocable rights to use, reproduce, display, perform, modify, transmit, distribute or broadcast such material.
User agrees that Phison can freely use any ideas, concepts, know-how, or techniques you send Phison for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information.
In addition, you are prohibited from posting or transmitting to or from the website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
7. Links to Third-Party Websites
This website may provide links to other third-party Websites (if any), and the User may access the third-party websites through the links. Such third-party websites are not subject to these terms and conditions of use of this website, and Phison is not responsible for the content or your use of the third-party websites.
8. General Information
Phison controls, administers, and operates the website in whole or in part by Phison’s headquarter in Taiwan. In addition, Phison’s owned blog, Phison Blog (https://phisonblog.com/), is administered and operated by Phison’s affiliate in the United States, Phison Technology Inc, located in San Jose, California. Phison Blog has been established for the purpose of exploring the U.S business opportunity in relation to Phison’s products, U.S marketing, and current or future business plans and models in the U.S.
Although the website is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the website are available to all persons or in all geographic locations or appropriate or available for use outside Taiwan. Phison makes no representation that the Website Information is appropriate or available for use in locations other than Taiwan, and access to them from territories where their contents are illegal is prohibited.
Those who choose to use the Website Information from other locations do so on their own initiative, at their own risk and are responsible for compliance with applicable local laws. If you use the Website Information from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries. Diversion contrary to applicable law and regulations is prohibited.
9. Privacy Policy
Your use of the website is also subject to our Privacy Statement. Please review the Privacy Statement to learn about our privacy policy. When User uses any relevant service through this website (including but not limited to: sending email to Phison), Phison will protect the personal information provided by the User from being used outside the purpose of collection in accordance with the “Personal Information Protection Act of the Republic of China (Taiwan)”, (below referred as “Act”) or relevant regulations. Nevertheless, Phison may use the User’s personal information beyond the scope when the occurrence is applicable to exceptional conditions prescribed within the Act.
10. Forward-Looking Statements
Website Information may contain “forward-looking statements”. Phison hereby reminds the User that such forward-looking statements are not historical facts and are based on Phison’s reasonable knowledge and current expectations, which may be subject to various risks and uncertainties. Actual results may differ materially from those contained in such forward-looking statements for a variety of reasons, including without limitation, risks associated with demand and supply change, manufacturing and supply capacity, design-win, time to market, market competition, industrial cyclicality, customer’s financial condition, exchange rate fluctuation, legal actions, amendments of the laws and regulations, global economy change, natural disasters, and other unexpected events which may disrupt Phison’s business and operations. Accordingly, the User should not place reliance on any forward-looking statements. Except as required by law, Phison undertakes no obligation to update any forward-looking statement, whether as a result of new information, future events, or otherwise.
11. Translation Tools
In order to reach the global market, Phison will be using the following translation website https://wpml.org/ to auto-translate Phison Blog’s articles into different languages. However, if there is any discrepancy between the version in English and other languages, the version in English shall prevail.
12. Entire Agreement
This agreement constitutes the entire agreement between you and Phison governing your use of our website and supersedes any prior agreements, if any, between you and Phison relating to any matter dealt with in the Terms and Conditions of Use. You may also be subject to additional terms that apply when you deal with advertisers or use links or third-party content or services. If any provision of the Terms and Conditions of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any court, such invalidity shall not affect the enforceability of any other provision of the Terms and Conditions of Use. The failure of Phison to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
13. Termination
You agree that Phison may terminate or restrict your use or access to the website (or any part thereof) for any reason, in its sole discretion, including but not limited to, Phison’s belief that you have breached any of the provisions herein or acted inconsistently with the spirit of the Terms and Conditions of Use.
14. Contact us
If you have questions or comments about the Terms and Conditions of Use, if you wish to receive further content regarding the Website Information, or if you want to otherwise reach out to Phison, contact us at the information located on our website: https://www.phison.com/contact/