End User License Agreement
Thanks for your use of the service provided by ASUS Cloud Corporation ("ASUS Cloud," "Company," "We," "Our," or "Us") (the "Service").
To safeguard your rights and interests, please peruse the terms and conditions set forth in this Agreement. When you register or start using the Service, you are deemed to have read, understood and agreed to the contents of this agreement. If you disagree with any term in this agreement, or any term and condition contained in the Agreement are found in conflict with the law in your country or region which excludes the effectiveness of a part of or all contents contained in this agreement, you should stop using the Service.
If you are a minor, you shall register as the member or access the website and its services only after your parents (or your guardian) read and understand the rights, obligations, terms and conditions contained in this notice. When you complete the member registration process or start using our "Service", we assume that your parent(s) or guardian has (have) read, understood and agreed to the terms and conditions contained in this Agreement and the amendments of this Agreement which are made hereafter, and all applicable laws and regulations.
Subject to the type of Service, you understand you may need to agree additional terms and conditions (including the restriction of age). Such additional terms and conditions would be proved together with applicable Service; when you use such Service, applicable additional terms and conditions constitute part of this Agreement.
You should be aware and understand that ASUSTeK Computer Inc. does not substantially participate in or operate the "Service". Any litigation, dispute or damage resulting from the "Service" shall, therefore, have nothing to do with ASUSTeK Computer Inc.
YOU acknowledge that this Agreement may reference in order to protect YOUR privileges, YOU shall abide by the Internet application custom. YOU agree the following actions are strictly prohibited:
- Any attempt to interfere, invade, or destroy any system or resource on the Internet.
- Transmitting materials that are threatening, obscene, pornographic, or destroying the public order and customs.
- Spreading computer virus through the network of the Service website.
The aforementioned terms do not imply that we use any measure to censor contents (including but not limited to texts, images, audios, videos, software, information of other categories) that you send, post or publish. You should bear in mind the aforementioned risks when viewing contents sent by other members and in no circumstance hold us any liability.
YOU acknowledge that some content of the Service is provided by third parties, and YOU also acknowledge that this Service may enable access to third parties’ services or websites. YOU agree to enjoy such services or websites and access at YOUR own discretion and such enjoyment shall be subject to the conditions and terms between YOU and such third parties, including but not limited to price of merchandize, order confirmation system, maximum order amount, product delivery and payment policy. YOU also acknowledge and agree that ASUS Cloud will not be responsible for neither the agreement between YOU and such third parties nor any content provided by such third parties.
YOU acknowledge that any software YOU downloaded or obtained via the Service shall be used in compliance with the End User License Agreement ("EULA") provided or contained therein.
YOU shall hold any and all liability caused by breach of above; should there is damage or loss incurred to you or third parties thereof, we be not and shall not be held liable.
YOU acknowledge that ASUS Cloud reserves the right to modify this Agreement at any time, and each such modification shall be effective upon posting on the Service. YOUR continued use of the Service following any such modification will be deemed YOU agree to be bound by and YOUR acceptance of the modified Agreement. It is therefore important that YOU read and visit this website on a regular basis to ensure YOU are updated as to the applicable Agreement. If YOU do not agree to be bound by this Agreement and to abide by all applicable law,
YOU must discontinue using the Service immediately. If YOU fail to comply with this Agreement, we may suspend or cease provision of Service to you.
YOU agree that the electronic format is the sole manner of declaration of intention of this Service or Agreement.
Please be noted portions of the Service may be used in mobile devices, but do not use the Service in mobile devices whenever may defocus your attention which may cause your breach of traffic or safety regulations.
- Intellectual Property Right
- Obligation to Register an Authentic Identity
- Safeguarding Your Account and Password
- Period of the “Service”
YOU acknowledge that YOU are solely responsible for the information includes without limitation to, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials upload, transmit, input or provide to this Service by YOU, and none of such information represents the opinion of ASUS Cloud.
All title and intellectual property rights in and to any third party content that is contained in the Service or may be accessed through the use of the Service, is the property of the respective content owners and may be protected by applicable intellectual property related laws and treaties.
The patents, copyrights, trademarks, business secrets, specific technologies and other intellectual properties of the software, programs and contents (including but not limited to texts, descriptions, images, pictures, graphics, files, page designs, website structures and arrangements) provided on the Company’s website and related websites are the properties of the Company and other respective owners/licensees. You shall not reproduce, broadcast/play/screen in public, re-write, edit, rent, distribute, reverse engineer, decompile, disassemble, or use these properties for other purposes without a written consent from the Company or property holders. In case of violation, you shall solely assume all legal responsibilities in full and shall, in addition, indemnify the Company from the damages or loss so incurred, if any.
If we notice or are brought to the attention of your violation of the aforementioned terms or the situation where you are apt to violate the aforementioned terms, we reserve the right to suspend your membership and the right to use the "Service" forthwith, in addition to deleting the content that violates the aforementioned terms and taking other measures as necessary. You may notify us of your objection, if any.
Due to respect to personal information, ASUS Cloud is committed to protecting and respecting YOUR privacy with ASUS Cloud Privacy Protection Policy.
YOU are required to provide true, accurate, current and complete information about YOURSELF if prompted and requested by a registration process of Service Account. YOU may access and correct YOUR personal information through this Service website at any time. You are deemed to have acknowledged and agreed that we reserve the right to terminate your membership and your right to use our "Service" forthwith whenever your registered data prove unauthentic or do not match with your current data as a result of your failure to update in time immediately after a change. You are deemed to have acknowledged and agreed that the "Service" you use as a member belong to us and the Service you use shall only be between you and us. A member may only use the "Service" as defined under this Agreement, and shall not rent, lend, transfer or assign the "Service" to any third party. You are liable for the damages to the rights of other people or any violation against the law if a false identity or any personal data from others are used; you are also obligated to compensate for the damages so caused to our Company.
You are obliged to put your account and password in careful custody. Under no circumstances shall you reveal such information to any third party. You shall be fully responsible for your account and password. Any behavior that is performed under your registered account is deemed the behavior taken by yourself, unless you have evidence to prove your account and password have been stolen.
The account and password of the "Service" are limited to your personal use. You shall not rent, lend, transfer or assign such information to be used by any third party.
Whenever you find your account and/or password has(have) been stolen or exploited by others in an unjustifiable means, you shall keep our Company informed forthwith so that we can take countermeasures as necessary. Any assistance provided by the Company does not necessarily suggest that the Company is liable or agrees to guarantee or compensate your damage, either explicitly or implicitly.
Our Company assumes not any responsibility for indemnity whenever your account and/or password is(are) illegally used by others. You should be sure to log out after every use to prevent a potential misuse by others.
If you are a user of ASUS products and have registered to become an ASUS and ASUS Cloud member, the period of the “Service” refers to the period of the free “Service” for the ASUS product you bought. The free “Service” period and storage space you have access to may vary depending on your ASUS product model. For more information, please visit the Help page.
If you are participating in the ASUS Increase free space plan, the account with increased free space will be automatically downgraded when the rewarded free service period has expired.
- If you have used more storage space than the space available after the downgrade, you will receive an e-mail notice, and your account will be unable to add new files or share files. Please move your files within 120 days. When the space you are using is less than your total available space that remains after the downgrade, your account can be used normally. After 120 days, the system will automatically delete all the files stored in the storage space.
- If the space you used is less than the space available after the downgrade, the system will automatically execute the downgrade without affecting your account usage.
If you registered as an ASUS Cloud member at the website to use the “Service”, the period of the “Service” refers to the period of the "Service" you chose to purchase.
When you choose to subscribe to the paid service, we will ask you to log in to your ASUS Cloud account and confirm the plan you wish to subscribe. For details on the subscription fees, please see the Plans page. Please also note the following:
- Subscriptions have to be paid in full and in advance, either monthly or annually.
- The “Service” provides a seven-day cooling-off period, during which you may request an unconditional refund of the full amount paid. For one month after the refund, you may still download any files and data that you have uploaded.
- After the seven-day cooling-off period, no refunds will be possible.
- Failure to pay for the monthly or annual subscription fee in time will constitute a waiver of your ASUS Cloud membership, and we may terminate the “Service” provided to you.
- Any changes to the subscription plans will be posted on the “Service” website, and effective as soon as it is posted.
We may suspend or interrupt the “Service” either in whole or in part without any liability, under any of the following circumstances:
- When performing regular migration, replacement, testing or maintenance work on systems and equipment related to the “Service”.
- Suspension or interruption of the “Service” as a result of factors not attributable to the Company, including but not limited to technical issues, unauthorized intervention, fraud, force majeure or any other causes beyond the control of ASUS Cloud which corrupts or affects the operation, security, fairness, justice or reasonableness of the Service.
- ASUS Cloud reserves the right to cancel, terminate, modify or suspend, or limit your use of all or part of the service at its sole discretion, to the maximum extent permitted by law.
- If you are using a free service, for example, by using an ASUS product and registering to become an ASUS member, thus obtaining the use of the free service: If your account shows no activity for six months or more, your account will become inactive and a reminder will be sent to you. If you not use the service within 30 days of the reminder, we will remove the files you have stored and terminate the service. After “Service” termination, you may continue to use the account by subscribing to a paid plan. For questions regarding purchases, please contact our customer service.
- If you are using a paid plan (Including the pre-load plan of selected ASUS models.) but did not renew your subscription after the end of the “Service” period, then you may only download your files within 30 days of the end of the “Service” period, and you may not upload any more files. If you do not renew your subscription within 30 days of the end of the “Service” period, your account will be closed and all your files will be removed. If you need to reactivate your account, please contact customer service.
When a certain part of the “Service” will be terminated, we will announce it on our website 30 days prior to the termination. We will not be held responsible if you did not receive our e-mail communications due to errors in the personal information and e-mail address you provided, therefore please backup your data at all times to protect you rights and interests.
YOU ACKNOWLEDGE THAT THE SERVICE WEBSITE IS PROVIDED “AS IS.” You are responsible for the correctness, completeness, safety and stability of transmission of the information you store, and you are also responsible for the "Service" will not be disconnected or erroneous. For all files and information you transmit, please backup all. You are deemed to have acknowledged and agreed that the "Service" may be interrupted, temporarily inaccessible, slow in speed, or encounter errors transferring data or saving files, as a result of your improper use, failure or malfunction of network system or software & hardware, telecommunications providers, or due to human errors in operation, or that the "Service" may be invaded, falsified, forged by a third party. You agree ASUS Cloud will not be liable for any damages or loss incurred directly or indirectly by the aforementioned circumstances.
You are deemed to have fully understood the risks and possible damages, and shall not claim on the Company for any liability or compensation.
YOU agree to defend, indemnify and hold harmless ASUS Cloud and its affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR violation of this Notice or any applicable law or regulation, or third-party right.
In compliance with governing laws or other needs, the Company may, at any time, add, amend or terminate the terms of this Agreement and the relevant regulations. Any addition, amendment and termination of the terms of "Service" will become effective forthwith upon being promulgated through our website. You are assumed to have agreed to these post-amendment terms if you continue using our "Service" after promulgation.
Updated September 27, 2016 by ASUS Cloud Corporation