BenQ IAM Terms and Conditions

This Terms and Conditions (“Terms and Conditions”, “Agreement”) between BenQ IAM (“BenQ IAM”, “we”) and you (“you”, “your”) governs your access to, and use of the BenQ IAM service located at https://IAM.benq.com/ and online digital signage application service, for broadcasting signs to screens connected to the Internet (the “Service”). By completing the registration process, you agree to be bound by this Agreement when signing up for and use of BenQ IAM service. BenQ IAM may modify this Agreement, amplify them, and/or modify the prices, as well as discontinue or change the services offered. If BenQ IAM changes these terms, we will post a change notice on the service and we may send registered members an email notice of the change. Your use of Service shall constitute your complete acceptance of the new Terms and Conditions.

If you do not agree with any of these terms, please do not access or otherwise use this Service and any information contained on the Service.

General Use Restrictions

BenQ IAM provides content and other services through the Service. Certain information, documents, products and services provided on and through the Service, including content, trademarks, logos, graphics and images that are not Presentations (as defined below) (together, the “Materials”) are provided to you by BenQ IAM. In addition, BenQ IAM may make certain applications available to you on the Service for use that may assist you in developing or managing Presentations (the “Software”). Any such Software is only made available for use under the terms of a limited, non-exclusive license to use the Software on your personal computer for the sole purpose of developing or managing Presentations.

During the term of this Terms and Conditions, BenQ IAM grants you a limited, personal, non-exclusive and non-transferable license to use the Materials and use the Services, the Service and the Software solely for your personal use; if you are an individual and solely for your business use; if you are an organization or agent of your organization, in connection with the creation, storage, display and arrangement of Presentations you create using the Service.

You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of this Terms and Conditions. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Service, any Materials or the Software on any legal basis.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Service under the laws of Taiwan or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or BenQ IAM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BenQ IAM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

By using all or part of this Service, you consent to receiving electronic communications from BenQ IAM and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with BenQ IAM and you receive them as part of your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

CONSENT TO USE OF DATA

You agree that BenQ IAM and its affiliates may collect and use technical information and registration data you provide in relation to your use of Services. BenQ IAM agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.

Conversion of Trial Period Offers

You may have received a complimentary trial Subscription to the Software or Service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, your trial period will expire at the end of the trial term and access to the Subscription-based Software or Service will be suspended. You will then be prompted to either become a Subscriber or be limited to the Member version of the Software or Services.

Termination

BenQ IAM may, at any time, terminate this Terms and Conditions in its sole discretion, including without limitation, for breach by you of any of your representations, warranties or obligations under this BenQ IAM. In the event termination is by BenQ IAM, BenQ IAM shall notify you of such termination. BenQ IAM reserves the right, in its sole discretion, to terminate your membership account at any time.

Effect of Termination

Upon any termination of this Agreement:

(a) Your membership account shall be cancelled and closed;

(d) BenQ IAM will permanently delete your Presentations and Materials within 24 hours of the effective date of termination.

Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.

Suspension

BenQ IAM reserves the right, in its sole discretion, to suspend your membership account at any time and for any length of time.

Third Party Content

Certain information and content that are not Presentations may be provided by third party licensors and suppliers to BenQ IAM (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

BENQ IAM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Presentations

You acknowledge that you are responsible for the information and material that you develop and/or import to the Service and/or through the use of the Software, including, without limitation, any presentations, or portions thereof, that you import, create, store and access on this Service (each, a “Presentation”), and that you will have full responsibility for each such Presentation, including its legality, reliability, appropriateness, originality and copyright. If you submit Presentations to the Service, you grant BenQ IAM a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) to use, copy, modify, distribute, display the Presentation and provide access to the Presentation to users that you designate in connection with providing services related to this Service to you. BenQ IAM acknowledges and agrees that you shall have the right to download any Presentations you create on the Service and make such Presentations available on your personal or company website, as applicable. BenQ IAM agrees to manage your Presentations in accordance with the restrictions set forth in this Terms and Conditions. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY PRESENTATIONS YOU SUBMIT TO BENQ IAM. You further agree that you will not upload or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Presentation. You represent and warrant that: (i) you own the Presentations posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the Presentations on or through the Service and any other use of your Presentations does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Presentations or through the Service or created with the use of the Software.

Prohibition of illegal activity

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness. Post anything that exploits children or minors or that depicts cruelty to animals. Post any copyrighted or trademarked materials without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. Post any content that is mature or adult in nature.

BenQ IAM reserves the right to (a) terminate or suspend your access to your account, your ability to post to the Service or the services and (b) refuse, delete or remove any Presentations or move any Presentations; or for any action that BenQ IAM determines is inappropriate or disruptive to the Service, or to any other user of the Service. BenQ IAM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.

Unauthorized Activities

Unauthorized use of any materials or Third Party Content contained on this Service may violate certain laws and regulations. You shall indemnify and hold BenQ IAM and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable laws or regulations, or the rights of any third party.

Proprietary Rights

BenQ IAM is a trademark of BenQ Corporation. All other trademarks, names and logos on this Service are the property of their respective owners.

Unless otherwise specified, all information and screens appearing on this Service including documents, services, Service design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of BenQ IAM. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright and Trademark Infringements.

BenQ IAM respects the intellectual property of others, and we ask you to do the same.

BenQ IAM may, in appropriate circumstances and at our discretion, terminate or suspend Service to users who infringe the intellectual property rights of others.

No Warranty

BENQ IAM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED REPRESENTATIONS, OR WARRANTIES IN CONNECTION WITH THE SERVICE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT. RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BENQ IAM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

No Warranty of Error-Free

Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by BenQ IAM, and they may include inaccuracies or typographical errors. BenQ IAM does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Service. BenQ IAM has no liability for any errors or omissions in the Materials and/or the Third Party Content.

Disclaimer

BENQ IAM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SERVICE OR THE SOFTWARE. IN NO EVENT SHALL BENQ IAM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING EVEN IF BENQ IAM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Limitation on Damages

IN NO EVENT SHALL BENQ IAM’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE ACTUAL PAYMENT YOU PAID TO BENQ IAM.

Compliance on Laws

You agree to comply with all applicable local laws and regulations.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of Taiwan. Any disputes relating to these Terms or the Service will be heard in the courts located in Taipei, Taiwan.

General Terms

If any of the Terms and Conditions is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. This Terms and Conditions is the entire agreement between you and BenQ IAM and supersede all prior or contemporaneous negotiations, discussions or agreements between you and BenQ IAM about the Service. BenQ IAM may terminate the license granted herein at any time and for any reason. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of the Terms and Conditions.