Terms of service.
Terms of Service
Last Updated: March 4th, 2021
Welcome to the HUEMON Design website (the “Website”). Please read the following terms of service (“Terms of Service”) before using the Website and our services. By opting in to accept our Terms and Service or using our services, you agree to be bound by these terms.
General Use of the Website and Services
While using the Website, you must follow (i) any applicable laws and regulations, including export and re-export control laws and regulations; (ii) any policies made available to you on the Website; and (iii) any agreements between us with respect to or in connection with the services we provide.
These Terms of Service will supersede and control over any conflicting or additional terms and conditions of any provisions of an agreement you may have with us and other previously issued Terms of Service. These Terms of Service control the relationship between you and HUEMON and they do not create any third party beneficiary rights. A failure by us to exercise, or any delay in exercising, any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy. If any provision of these Terms of Service is held to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of these terms will remain in force.
Ownership & Restriction on Use
All content, graphrics, images, photographs, audio/video, data and other designs contained in this Website or provided to you through our services (collectively, the “Designs”) are proprietary to us. The content is protected under relevant copyright laws.
HUEMON is the original creator of the Designs and as such, has ownership of all Designs. Through our services, we may offer you a license to use certain Designs. Without prior written consent from HUEMON, you may not reproduce, modify, publish, post, distribute, display, transfer, perform, create derivative works from or sell any Designs. You must use commercially reasonable efforts to prevent any unauthorized use of any Designs and promptly notify us of any such unauthorized use. We may suspend or cancel any license to you if you do not comply with our Terms of Service.
HUEMON’s trademarks, service marks, trade names, logos and copyrights appearing on the Website are trademarks and copyrights of HUEMON. Any other use of such marks or copyrighted materials without prior written permission from us is strictly prohibited. Other branded products and names not belonging to HUEMON used within the Website are for identification purposes only. HUEMON disclaims any and all rights in those marks.
Warranties and Disclaimers
HUEMON DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE OR OUR SERVICES AND DESIGNS. FOR EXAMPLE, HUEMON DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE WEBSITE, THE SPECIFIC FUNCTIONS OF OUR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. HUEMON PROVIDES THE SERVICES AND DESIGNS “AS IS” AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitations of Liability
While we aim to provide you with an exceptional user experience, for a variety of reasons beyond our control, services may be affected by sudden interruptions and other failures. Our Website and services require other services and products from third party providers to operate, such as internet or cloud service stability, software and hardware device barriers. You understand that aforementioned reasons may cause the Website or our services to be unavailable at times.
HUEMON AND THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE DESIGNS, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE OR HEUMON’S SERVICES, EVEN IF HUEMON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HUEMON, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS IN CONNECTION OF YOUR USE OF OUR SERVICES, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID HUEMON TO USE THE SERVICES WITHIN ONE (1) MONTH PERIOD OF SUCH CLAIM. HUEMON MAY CHOOSE TO EXTEND YOUR SERVICE AS A REMEDY. IN ALL CASES, HUEMON, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES SHALL HUEMON BE LIABLE FOR ANY LOSS OR FAILURE TO PERFORM ITS OBLIGATIONS DUE TO FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO LABOR SHORTAGES, STRIKES, RIOTS, ACTS OF GOD, FLOODS, LIGHTNING, FIRE, EPIDEMIC, POWER OR COMMUNICATION UTILITY INCLUDING INTERNET SHORTAGES, FAILURES, EARTHQUAKES, WAR, OR RESTRICTIONS, REGULATIONS, ORDERS IMPOSED BY ANY GOVERNMENT, AGENCY OR SUBDIVISION THEREOF.
Indemnification
You agree to indemnify, defend and hold harmless HUEMON, its subsidiaries, and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, liabilities, damages, losses, costs, expenses and fees (including attorneys’ fees) arising from or related to (i) your use the Website, (ii) our services, (iii) violation of these Terms of Service, (iv) or any content you transmit to us. If you are using our services or Designs on behalf of a business, that business accepts these Terms of Service.
Modifying Terms and Services
We may from time to time modify these terms or any additional terms that apply to the Website and HUEMON’s services and Designs. We will post notices or notify you of modifications and additional terms.
Governing Law and Jurisdiction
Any disputes arising out of or relating to these Terms of Service or HUEMON’s services are governed by the laws of the Republic of China (Taiwan). You hereby consent to the exclusive jurisdiction of the courts of Taipei for any legal disputes. Your submission to the jurisdiction of courts of Taipei shall not prejudice HUEMON’s right to commence action against you in any court of competent jurisdiction.
Questions or Suggestions
If you have any questions about these terms, please contact us : eddiechang@huemondesign.com