/ Terms And Conditions
Terms And Conditions
Before accessing the TerraMaster website or any related subpages, please carefully read and adhere to the following terms of use.
By accessing or using this website, you agree to be bound by the terms and conditions stated herein. If you do not agree to all the terms stated, please refrain from using this website.
These terms apply to the TerraMaster official website, help guides, forums, and other sub-websites, including but not limited to http://www.terra-master.com. The terms and conditions of any other contracts for products, services, etc., between you and TerraMaster, or its subsidiaries or affiliated companies, shall not be altered by these terms.
1.Privacy
For information on how TerraMaster collects, uses, and discloses personal information from users, please refer to the "Privacy Policy."
2.Trademarks
The TerraMaster® and TerraMaster logos, marks, and any other product or service names or slogans contained on this website are trademarks of TerraMaster and its suppliers and licensors. They may not be reproduced, imitated, or used, in whole or in part, without the written permission of TerraMaster or the appropriate trademark owner. You may not use any metatags or any other "hidden text" utilizing "TerraMaster" or TerraMaster's name, trademarks, or product or service names without TerraMaster's written permission. Additionally, the website's appearance and style, including all page headers, custom graphics, button icons, and scripts, are service marks, trademarks, and/or trade dress of TerraMaster and may not be reproduced, imitated, or used, in whole or in part, without our written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the website are the property of their respective owners. Any reference to any product, service, program, or other information, by trade name, trademark, manufacturer, supplier, etc., does not imply or constitute an endorsement, sponsorship, or recommendation by us.
3.Copyright
Unless otherwise noted, the website and all content and other materials on the website, including, without limitation, the TerraMaster logo and all designs, text, graphics, user interfaces, visual interfaces, photographs, images, information, data, software, sound files, other files, and the selection and arrangement thereof, are the proprietary property of TerraMaster or its licensors or users and are protected by Chinese, U.S., and international copyright laws and various other intellectual property rights and unfair competition laws. You are granted a limited, non-sublicensable license to access and use the website and to print copies of the content (excluding any authorized exceptions) solely for your personal, non-commercial use, provided that (a) you do not remove any proprietary notice language in any copies of such documents; (b) you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (c) you make no modifications to any such information; (d) you do not use any data mining, robots, or similar data gathering or extraction methods; (e) you do not download (other than page caching) any portion of the website or any information contained therein, except as expressly permitted on the website; and (f) you do not use the website or its content for any purpose other than its intended purpose. Any use of the website or its content other than as specifically authorized herein, without the prior written permission of TerraMaster, is strictly prohibited and will terminate the license granted herein. Unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations. Except as expressly provided herein, nothing on this website shall be construed as conferring any license under any intellectual property right, whether by estoppel, implication, or otherwise. This license may be revoked at any time. Any use of TerraMaster software that is accompanying or downloaded from the website is subject to the terms of the TerraMaster End User License Agreement.You acknowledge and agree that any content (including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative content) provided to you via email or any other TerraMaster submission method regarding the website, TerraMaster, or TerraMaster's products or services, or posted on the website, is non-confidential and shall become the sole property of TerraMaster. TerraMaster shall have exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of such content for any purpose (commercial or otherwise), without prior notice or compensation to you. You are granted a limited, non-exclusive license to create a text hyperlink to the website for non-commercial purposes, provided that such link does not portray TerraMaster or any of its products or services in a false, misleading, derogatory, or otherwise offensive manner, and the linking site does not contain any adult or illegal content, or any other content that is objectionable, harassing, or inappropriate. This limited license may be revoked at any time. You may not use the TerraMaster logo or any other proprietary graphic of TerraMaster to link to this website without TerraMaster's written permission. You may not design or use framing techniques to enclose any TerraMaster trademark, logo, or other proprietary information, including images, text, page layout, or form design found on the website, without TerraMaster's written consent. Except as stated herein, you are not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, copyright, or proprietary right of TerraMaster or any third party. TerraMaster assumes no responsibility for the quality, content, nature, reliability, or any other aspect of any third-party website linked to the website or any claim or statement made thereon.
4.Interactive Content
This website includes forums, and other interactive services, including chat rooms or message boards, online hosting or storage services, or any other user content that you or other users create, post, or store on the website, such as messages, data, information, text, music, sound, photos, videos, graphics, program code, or other items or content. The TerraMaster forum, including but not limited to the TerraMaster forum, and TerraMaster help instructions may include additional terms and conditions applicable to the use of the forum or help instructions. In the event of any conflict between any terms in the forum or help instructions, these website regulations shall take precedence. You are solely responsible for your use of the interactive areas, and you assume all risks associated with using the aforementioned areas and user content.
When you use the interactive areas, you agree not to post, upload, transmit, distribute, store, create, or publish through the website: (a) any illegal, defamatory, abusive, obscene, pornographic, inappropriate, vulgar, seductive, harassing, coercive, infringing on public or private rights, abusive, incendiary, fraudulent, or offensive user content; (b) any user content that constitutes, encourages, or teaches criminal offenses, violates the rights of any party, or constitutes criminal/civil liability or violates any local, state, national, or international law; (c) any user content that may infringe on any patents, trademarks, trade secrets, copyrights or other intellectual property rights or proprietary rights of any party; (d) any user content that impersonates another person or group, or falsely represents your company to an individual or group; (e) any user content for marketing, campaigning, advertising, or solicitation purposes; (f) any private information of a third party, including (but not limited to) addresses, phone numbers, email addresses, identification numbers, and credit card numbers; (g) viruses, corrupted data, or other harmful, disruptive, or destructive files; and (h) any user content that, in TerraMaster's unilateral judgment, restricts or hinders anyone's use or access to the interactive areas or website, or exposes TerraMaster or its users to any danger or constitutes any criminal/civil liability.
When you post user content, you represent and warrant that you have the legal right to distribute and reproduce such user content. TerraMaster assumes no responsibility for any user content posted, stored, or uploaded by you or any third party, or for any subsequent loss or damage, nor does TerraMaster assume any responsibility for any misunderstandings, defamation, derogation, abuse, omissions, falsities, obscene behavior, pornographic images, or profanity that you may encounter. You assume all risks associated with using the interactive areas. TerraMaster is an interactive service provider and assumes no responsibility for any statements, declarations, or user content made by its users in any public forums, personal webpages, or other interactive areas. TerraMaster will manage user content or enforce the rules contained in these website regulations at its own discretion, and the failure to enforce such rules in certain circumstances shall not be deemed as a waiver of our right to enforce such rules in other circumstances. Furthermore, these rules do not establish any privacy rights for any third-party actions, or any reasonable expectations that the website will not contain any content prohibited by these rules. Although TerraMaster has no obligation to filter, edit, or monitor any user content posted in any interactive areas, TerraMaster reserves the right, without notice and at any time, to remove, filter, or edit any user content posted or stored on the website (as appropriate). You are responsible for creating backups or replacing any user content that you post or store on the website, and any associated costs shall be borne by you. Any use of the interactive areas or other parts of the website that violates the aforementioned provisions is a violation of these website regulations and may result in the termination or suspension of your right to use the interactive areas and/or the website. To assist with legitimate government requests, subpoenas, or court orders, to protect TerraMaster's systems and customers, or to ensure the integrity and continuous operation of TerraMaster's operations and systems, TerraMaster may access and disclose any information when necessary or appropriate, including (but not limited to) user profile information (such as name, email address, etc.), IP addresses and traffic information, usage history, and posted user content. TerraMaster's right to disclose any such information shall be governed by any contrary TerraMaster privacy policy.
Unless otherwise noted by us, when you post user content to the website, you grant TerraMaster and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such user content worldwide in any media related to the website. You grant TerraMaster and its subsidiaries and sublicensees the right to use the name associated with such content submitted by you. You hereby represent and warrant that: (x) you own and control all rights to the user content posted, or have the right to post such user content to the website; (y) the user content is accurate and not misleading; and (z) your use and posting of the user content does not violate the website regulations, does not infringe on the rights of any person or group, and does not cause harm to them.
5.Account Security
When you use the website, you agree to: (a) provide correct, up-to-date, and complete personal information in any registration form provided on the website (hereinafter referred to as "registration data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data and any other information provided to TerraMaster to keep it accurate, up-to-date, and complete; and (d) accept the risk of any unauthorized access to or use of the registration data and any other information you provide to TerraMaster.
6.Disclaimer
Except as explicitly stated otherwise in writing by TerraMaster, the website, the website content contained therein, and the services provided in connection with the "Services" are provided "as is" without any express or implied warranties. TerraMaster and its subsidiaries disclaim all other express or implied warranties for the website, website content, services, information, content, and all other content on the website, including (but not limited to) any implied warranties of merchantability, fitness for a particular purpose, qualification, and non-infringement. TerraMaster or its subsidiaries do not provide warranties for the correctness, completeness, reliability, up-to-date status, or error-free nature of the content, website, or services on the website, or for the absence of viruses or other harmful components on the website or its servers.
You agree to indemnify, defend, and hold harmless TerraMaster, its subsidiaries, and independent contractors, service providers, and consultants, as well as their managers, employees, and agents, from and against any actual or threatened suits, demands, claims, or actions, as well as any damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney's fees) arising out of or related to your posting, storing, or transmitting any user content on the website, your use of the interactive areas, your conduct related to the website, your violation of the website regulations, or your infringement of any third-party rights.
TerraMaster may provide third-party content on the website, as well as links to third-party webpages and content (collectively referred to as "third-party content"). TerraMaster does not endorse or adopt any third-party content and does not guarantee its correctness or completeness. TerraMaster is not responsible for the quality, content, nature, reliability, or any related compensation or declarations of third-party websites that may be accessed from or linked to the website. TerraMaster does not guarantee the correctness of any information contained in any third-party websites and assumes no responsibility for updating or reviewing any third-party content. If you decide to use such third-party content or access third-party websites through the website, you do so at your own risk.
TerraMaster may provide advertising and promotions of third parties on the website, or provide relevant information or links to third-party products or services on the website. Any commercial transactions or communications with such third parties, or participation in their promotions, as well as any terms, conditions, warranties, or declarations associated with such transactions or promotions, exist solely between you and such third parties. TerraMaster assumes no responsibility for any loss or damage arising out of or related to any such transactions or promotions, or the provision of such non-TerraMaster advertiser or third-party information on the website.
7.Compensation Responsibility
TerraMaster, its subsidiaries, or its officers, directors, employees, or agents shall not be liable to you for any direct, special, indirect, or consequential damages, or any other type of damages, whether due to the use or inability to use the website, services, content (including but not limited to any third-party content), or any website content contained or accessed through the website (including but not limited to reliance on any information obtained from TerraMaster or its subsidiaries), or due to misunderstandings, omissions, interruptions, deletions of files or emails, errors, defects, viruses, operational or transmission delays, or any failure of performance, whether or not resulting from force majeure, communication failures, theft, destruction, or unauthorized access to TerraMaster's records, programs, or services. This includes (but is not limited to) loss of use, loss of profits, or loss of data, whether based on contract, tort (including but not limited to negligence). Without limiting the foregoing, TerraMaster's or its subsidiaries' aggregate liability arising from or related to the use or inability to use the website, services, or content, whether based on contract, warranty, tort (including active, passive, or due to negligence), product liability, strict liability, or any other legal theory, shall not exceed the amount paid by you to TerraMaster or its subsidiaries in the twelve (12) months preceding the event giving rise to such liability.
8.Contact and Infringement Complaints
If you believe that any content on the website infringes upon your own or managed copyright, please provide us with a notice of such copyright infringement.
Email address for receiving notices of copyright infringement complaints: sales@terra-master.com
Any information you provide in the notice (including any personal information contained therein) may be forwarded to the party that provided the allegedly infringing content, and by sending such notice to us, you consent to share this information with the alleged infringer.
You should also be aware that if the notice or the content of the alleged infringement contains any misrepresentation, you will be liable for any resulting damages, including costs and attorney's fees incurred by us or the alleged infringer as a result of relying on such misrepresentation to remove or disable access to the allegedly infringing content or activity.
We will notify users of copyright infringement complaints by means of a general notice on the website, by sending an email to the user's email address on record, or by written communication sent by regular mail to the user's address on record.
9.Jurisdiction
These website terms and the use of the website shall be governed by the laws of China applicable to the contract formed hereby, and shall be fully enforceable within the territory of China, excluding any conflict of law provisions. You agree that any legal action or equitable proceeding arising out of or related to these website terms shall be brought only in the courts located in Shenzhen, China, and you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of such courts for any litigation and proceedings arising out of these website terms.
10.Termination
In addition to any other provisions of these website terms, TerraMaster reserves the right to terminate your authorization to use the website without notice and to block or prevent your future access to and use of the website.
11.Severability
If any provision of these website terms is found to be illegal, invalid, or unenforceable, then: (a) the provision will be construed, construed, or reformed to the extent necessary to give it the same effect and enforceable to the greatest extent possible while preserving its original intent; (b) the provision will be severed from these terms to the extent of its invalidity or unenforceability; (c) the remainder of the provision will remain in full force and effect to the extent it is not found to be invalid or unenforceable; and (d) the invalidity or unenforceability of any provision will not affect any other provision of these website terms.
12.Modifications
TerraMaster reserves the right to change or modify any of the terms and conditions contained in the website terms, any policies or guidelines of the website, and any and all content contained in the website or services provided through the website, at any time and without notice. Any changes or modifications posted on the website will be effective immediately, and you waive the right to receive specific notice of such changes or modifications. Your continued use of the website after the posting of any changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review the website terms and applicable policies to understand the terms and conditions applicable to your use of the website. If you do not agree to these additional terms, please do not use the website.
Note: All non-English versions of this document are translations based on the English version. In case of any discrepancies or ambiguities in the translation, the English version shall prevail.
