HTC Account Terms and Conditions

Welcome to HTC Account. Registering for an HTC account (“HTC Account”) allows you to create a single username and password (“ID”) that you can use to access a variety of products, content, software, services and related websites (collectively “Services”) offered by HTC Corporation and its affiliates (“HTC”). If you register for an HTC Account, all of the Services and functionalities that are available in your country for your device through the HTC Account (“HTC Account Services”) will automatically be enabled and you will have access to those Services. Click here for a list of the current HTC Account Services. Certain HTC Account Services and features are not available in all countries. Most of the HTC Account Services cannot be turned off, so if you do not wish to take advantage of all of them do not register for an HTC Account. Not all Services offered by HTC can be accessed with an HTC Account. Certain Services may require you to register separately and create a separate username and password.

The HTC Account Terms and Conditions are a legal agreement between you and HTC that governs your use of the HTC Account and all HTC Account Services. Your access to HTC Account Services is conditioned on your acceptance of these HTC Account Terms and Conditions, which include the HTC Code of Conduct, any HTC End User License Agreement provided with your device (“EULA”), and any additional HTC terms provided to you or presented when you use or make a purchase through the HTC Account Services (“Additional Terms”) each as amended from time to time (collectively the “Terms”). If there is a conflict between the terms in this document and the EULA or Additional Terms, the terms in the EULA and Additional Terms will govern. For example, if you purchase a device through the HTC Account Services, any warranties, disclaimers, and limitations on liability accompanying that device will govern in lieu of Sections 12-15. By registering for an HTC Account, you agree to be bound by these Terms. You must be 14 years of age or older to register for or use the HTC Account Services. By registering for the HTC Account Services, you certify that you are 14 years of age or older. If you are 14 years of age or older, but under the age of majority or age subject to parental consent according to local law, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to them.

PRIVACY NOTE: You authorize HTC to automatically upload information about your computer, device, your use of the Service, and Service performance (including information that is considered sensitive information under applicable privacy laws such as precise location data and device identifiers), and use, transmit, process and store that information as described in HTC’s Privacy Statement (including to provide and improve Services). If you use voice, audio, video and communication features offered as part of the HTC Account Services, you authorize HTC to record and collect your voice, audio, video and communications to provide the Services. In particular, you authorize HTC to use and disclose your information, User Content (defined in Section 6) and the content of your communications for legal, protection and safety purposes; to comply with laws; respond to lawful requests and legal process; protect the rights and property of HTC, our agents, customers, and others; and protect the safety of any person. By registering for an HTC Account and by tapping Create, you authorize HTC the transfer of information outside of the country where you reside, including jurisdictions that may not have data privacy laws that provide equivalent protection to the laws of your home country. If you choose to use Third Party Materials (defined in Section 1) in connection with HTC Account Services, do so with care. HTC is not responsible for how Third Party Materials collect, access, use, or disclose your personal information. You should only use trusted Third Party Materials and check all third party privacy policies.

You may need to use or obtain additional products or services in order to use the HTC Account Services, such as a device, internet access, and a data connection. You must obtain or use them separately and pay all associated charges (including for Internet access, text messaging or other data transmission). The HTC Account Services may link to optional third party web sites and permit you to use and purchase products, services (including payment processing), and content from third parties (“Third Party Materials”). You may be presented additional terms and conditions from third parties when you access, use, or purchase Third Party Materials. You must comply with third party terms and pay all associated charges. The third party, not HTC, is solely responsible for all Third Party Materials and any claims you have with respect to Third Party Materials are against the third party supplier and not HTC.

When you register for an HTC Account, you must provide HTC with current, complete and accurate information. You must keep your ID confidential and not authorize any third party to use it, your HTC Account, or the HTC Account Services on your behalf unless we approve. You agree that HTC may attribute all use of your ID to you and that you are responsible for all activities that occur under your HTC Account. You must notify HTC immediately if you suspect unauthorized use of your ID or HTC Account or any breach of security at the e-mail address: security@htc.com.

You are responsible for compliance with all applicable laws in connection with your access and use of the HTC Account Services and HTC Content (defined in Section 8) including import and export laws and regulations. HTC Account Services may contain communication features designed to enable you to communicate with HTC and the public at large. You agree to use the HTC Account Services only to post, send, and receive messages, material, and other content that are appropriate and related to the purpose of the particular HTC Account Service. You agree that when using the HTC Account Services you will not engage or attempt to engage in any improper use, including any use that violates the HTC Code of Conduct. If HTC suspects violations of these Terms, HTC may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with HTC in investigating suspected violations by you or others, unless applicable law prohibits HTC from requiring you to cooperate. You authorize HTC to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that HTC considers to be illegal or violations of these Terms.

In some cases, content may also be posted or synced to the HTC Account Services by users. “User Content” means all information, graphics, text, images, software, sound files, video, communications, and other materials (including all metadata) that are posted to the HTC Account Services by users of the HTC Account Services. All User Content is the sole responsibility of the person from whose account the User Content originated. You are solely responsible for all User Content originating from your HTC Account. HTC does not control and is not responsible or liable for any User Content. Although HTC does not monitor or screen User Content or access to or use of the HTC Account Services, you authorize HTC to screen, filter, restrict, block, move, refuse, modify, or remove User Content and access to the HTC Account Service at any time in its sole discretion, without prior notice.

HTC does not claim ownership of User Content. However, you grant to HTC and those members of the public who have access to User Content on or through the HTC Account Services a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that User Content in connection with the Services and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of User Content does not violate any law. You must not provide any User Content through the HTC Account Services that infringes others’ copyrights or other intellectual property or privacy rights, if you do, you are breaching this contract.

“HTC Content” means all information, graphics, text, images, software, sound files, video, communications, and other materials (including all metadata) that HTC and its licensors provide to you through or in connection with the HTC Account Services. If you receive software from HTC as part of or in connection with the HTC Account Services (“Software”), its use is governed by the license that you must accept in order to use the Software. If no license is presented, these Terms apply and HTC grants you a personal, non-exclusive, nontransferable, limited license to use the Software in accordance with these Terms. HTC may automatically check your version of the Software and may automatically send your device or computer updates to the Software. These updates may include fixes, feature enhancements, improvements, and new versions of the Software. Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when you close your HTC Account or cancel your subscription to any paid HTC Account Service corresponding with the Software. You must then uninstall the Software or HTC may disable it. You must not work around any technical limitations in the Software. You must not disassemble, decompile, or reverse engineer the HTC Account Services or any Software, except and only to the extent that the applicable law expressly permits doing so despite this limitation.

The HTC Account Services may contain or provide access to User Content, HTC Content, or Third Party Materials that you may consider vulgar, offensive, objectionable, indecent or inappropriate and it may not be labeled as having explicit language or other features. Your use of the HTC Account Services is at your own risk.

HTC does not intend for you to provide HTC comments or other feedback, suggestions or recommendations for improving HTC products and services (“Feedback”). If you provide Feedback and even if you designate Feedback as confidential, you authorize HTC and its designees to use, disclose, reproduce, license, and otherwise distribute and exploit Feedback as HTC sees fit without obligation (including payment) or restriction of any kind on account of intellectual property rights or otherwise.

HTC has no obligation to and may not provide support for the HTC Account Services, your HTC Account, User Content, HTC Content, or Third Party Materials.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, SUPPORT (IF ANY) AND ALL RELATED WEBSITES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. HTC AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, HTC, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE HTC ACCOUNT SERVICES OR HTC CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH THEM WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE HTC ACCOUNT SERVICES (INCLUDING THIRD PARTY MATERIALS, HTC CONTENT, AND USER CONTENT) IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT HTC’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.

IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR HTC ACCOUNT, THE HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 13 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 13, HTC’S AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR HTC ACCOUNT, THE HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE HTC ACCOUNT SERVICES OR HTC CONTENT UP TO:

THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, YOUR HTC ACCOUNT, THE HTC ACCOUNT SERVICES, HTC CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

IF YOU ARE UNABLE TO DOWNLOAD OR PLAYBACK ANY HTC CONTENT DUE TO A DEFECT OR BECAUSE HTC REMOVES IT FROM ITS SERVERS LESS THAN 30 DAYS AFTER YOU PURCHASE IT AND BEFORE YOU DOWNLOAD OR PLAYBACK THE HTC CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS LIMITED, AT HTC’S OPTION, TO A REPLACEMENT COPY OR CREDIT IN THE AMOUNT YOU PAID WHICH MAY BE REDEEMED FOR ANOTHER ITEM OF HTC CONTENT FORM THE SAME HTC ACCOUNT SERVICE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 14 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU.

To the extent permitted by applicable law, the exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 13 and 14 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law.

You hereby agree to defend, indemnify, and hold HTC, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted, originating from, or otherwise made available under your HTC Account; (b) your use of the HTC Account Services and activities occurring using your HTC Account; (c) any violation by you of these Terms; or (d) your violation of any another party’s rights or applicable law.

You agree to respect the intellectual property rights and other rights of HTC and third parties. If you believe that material available through the HTC Account Services infringes the intellectual property rights of any third party or is defamatory, please notify HTC’s agent by using the notice procedure described at Notice and Procedure for Making Claims of Infringement or Defamation. After receiving notice, HTC may remove or disable access to any infringing or defamatory material. HTC has the right to terminate any HTC Account or right of access to the HTC Account Services for infringement of HTC’s or another party’s rights.

The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

HTC reserves the right to change these Terms at any time upon notice. HTC may give notice by posting the updated Terms on the Service or by any other reasonable means. You can review the most current version of the Terms at any time at www.htcsense.com. The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must terminate your HTC Account and stop using all HTC Account Services before the effective date. Your continued use of the HTC Account Services after the effective date will constitute your acceptance of the updated Terms.

The initial term of these Terms commences on the date you register for an HTC Account and continues for 30 days. After the expiration of the initial term, these Terms will automatically renew for successive 30 day renewal terms until you terminate your HTC Account or HTC provides notice of non-renewal or terminates your HTC Account in accordance with this Section. You may terminate your HTC Account through www.htcsense.com. If you need assistance with account termination, contact HTC by visiting http://www.htc.com/www/contact/ and submitting a request for assistance. HTC reserves the right to terminate these Terms or suspend or terminate the HTC Account Services at any time with or without prior notice. Termination or suspension of your HTC Account will not alter your obligation to pay all charges made to your account up to and including the date of termination. YOU AGREE THAT TERMINATION OF YOUR HTC ACCOUNT WILL IMMEDIATELY AND PERMANENTLY TERMINATE YOUR ACCESS TO AND HTC MAY (BUT IS NOT OBLIGATED TO) DELETE ALL INFORMATION, FILES, COMMUNICATIONS, MESSAGES, PREFERENCES, AND CONTENT (INCLUDING HTC CONTENT, USER CONTENT, AND THIRD PARTY MATERIALS) STORED ON OUR SERVERS ASSOCIATED WITH YOUR HTC ACCOUNT AND WHICH WILL RESULT IN YOUR IMMEDIATE AND PERMANENT FORFEITURE OF ANY COUPONS, ACCESS PASSES, VOUCHERS, CREDITS, OR ANYTHING THAT MAY BE OF VALUE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE HTC ACCOUNT, IF ANY, WHETHER PURCHASED OR NOT. Neither HTC nor its licensors or service providers will be liable to you for any termination or suspension of your HTC Account or access to the HTC Account Services. Sections 2, 5-16, 18, and 20-23 will survive termination.

HTC may give you all notices (including legal process) that HTC is required to give by any lawful method, including by posting notice on the HTC Account Services or by sending it to any email or mailing address that you provide to HTC. You agree to keep your HTC Account information current including your email and mailing addresses and to check for notices posted on the HTC Account Services.
You agree to send HTC notice by mailing it to HTC’s “Address for Legal Notices” which is:

If to HTC Corporation

Attn: General Counsel No. 23, Xinghua Rd., Taoyuan City, Taoyuan County 330 Taiwan

If to HTC America, Inc.

Attn: VP and Associate General Counsel 13920 SE Eastgate Way, Suite 400 Bellevue, WA 98005

With a copy to: HTC Corporation to the address listed above

If to HTC Europe Co., Ltd.

Salamanca, Wellington Street Slough, Berkshire SL1 1YP, United Kingdom

With a copy to: HTC Corporation to the address listed above

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and HTC intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, You and HTC agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. HTC may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your HTC Account or the HTC Account Services (including any right to access the Services). HTC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on HTC if it is in a written document signed by HTC. These Terms (including any incorporated terms) constitute the entire agreement between you and HTC with respect to the HTC Account and the HTC Account Services. Both you and HTC warrant to each other that, in entering these Terms, neither HTC or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and HTC, or HTC’s successors and permitted assigns, will have any right to enforce any of these Terms.

HTC and its licensors own the HTC Account Services and all HTC Content and reserve all rights therein, including any and all intellectual property and other proprietary rights. HTC, the HTC logo, the HTC quietly brilliant logo, HTC Family, HTC Watch, the HTC Sense service mark and other HTC product and service names referenced in connection with the HTC Account Services are the trademarks of HTC Corporation. All other company names, product names, service names and logos referenced in connection with the HTC Account Services may be the trademarks of their respective owners.

HTC Hub includes content and applications that are available for download. Content may be offered for free as well as for a fee. HTC may add or remove content or change the basis on which it is made available at any time without notice. HTC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license, to use the content you download from HTC Hub on a single HTC device for your personal non-commercial use in accordance with the HTC Hub Usage Rules. The HTC Hub Usage Rules contains limitations and restrictions on your download, storage, and use of content. The Usage Rules may change at any time. Please review the HTC Hub Usage Rules now and review them again each time you download content.

HTC Hub Usage Rules

HTC Watch Usage Rules