This website is controlled, operated and administered by E Ink Holdings Inc. (“E Ink”) with the exception that the website of www.linfiny.co.jp is controlled, operated and administered by Linfiny Japan Inc. All inquiries may be directed to compliance@eink.com or No. 3, LiHsin 1st Rd., Hsinchu Science Park, Hsinchu 300, Taiwan R.O.C.
Your access to and use of www.eink.com、tw.eink.com、cn.eink.com、eink.com、 shopkits.eink.com、 www.einkgroup.com、www.linfiny.co.jp and other E Ink websites on which a direct hyperlink to these Term of Use (“E Ink Websites” or “our Websites”) is subject to the following terms of use (these “Terms of Use”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing E Ink Websites, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access E Ink Websites. If you do not agree to these Terms of Use, you should not use E Ink Websites.
The form and nature of the services, content and all information posted on E Ink Websites is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. E Ink (“we,” “our,” or “us”) will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top and bottom of these Terms of Use. Your continued access of E Ink Websites after such changes conclusively demonstrates your acceptance of those changes.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue E Ink Websites, with or without notice; charge fees in connection with the products listed on E Ink Websites; modify and/or waive any fees charged in connection with E Ink Websites; and/or offer opportunities to some or all users of E Ink Websites. In these Terms of Use, “Affiliated Entities” means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of E Ink. You agree that neither we nor any Affiliated Entities shall be liable to you or to any third party for any modification, suspension or discontinuance of E Ink Websites, in whole or in part, or of any service, information or materials contained therein, software used to make E Ink Websites, or features or products offered through E Ink Websites.
Please click on a specific link or read the information below to learn more about the Terms of Use for E Ink Websites, Official Forums, and Official Social Media Accounts.
PERMITTED USE, LIMITED LICENSE AND AUTHORIZATION TO REPRODUCE
Subject to these Terms of Use and any other terms and conditions on specific E Ink Websites, E Ink hereby grants to you the non-exclusive right to use E Ink Websites and download, install, reproduce, use and disclose the contents of the files or other media provided on E Ink Websites that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any E Ink trademark or logo apart from the page on which it appears; (iv) no additional representations or warranties relating to such material may be made; and (v) any copy of any portion of the material must include the copyright notice appearing on E Ink Websites. E Ink Websites, all of the information and materials contained therein, and the software used to make E Ink Websites available (collectively, "E Ink Content") are and shall remain the property of E Ink, its Affiliated Entities, and/or its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such E Ink Content by virtue of accessing E Ink Websites or making use of E Ink Content. Please note that these Terms of Use shall not apply to E Ink proprietary software licensed by E Ink on a commercial basis. Such software is made available by E Ink pursuant to separate terms.
COPYRIGHTS
You should assume that everything you see or read on E Ink Websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use (see Section 1 above) or on E Ink Websites without the written permission of E Ink. E Ink neither warrants nor represents that your use of materials displayed on E Ink Websites will not infringe rights of third parties not owned by or affiliated with E Ink. Images, photographs, or illustrations displayed on E Ink Websites are either the property of, or used with permission by, E Ink or its Affiliated Entities. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on E Ink Websites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TRADEMARKS
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties (collectively the "Trademarks") displayed on E Ink Websites are protected intellectual property that include registered and unregistered trademarks of E Ink, its Affiliated Entities and others. Nothing contained on E Ink Websites should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of E Ink, its Affiliated Entities, or such third party that may own the Trademark displayed on E Ink Websites. Your misuse of the Trademarks displayed on E Ink Websites, or any other E Ink Content, except as provided herein, is strictly prohibited.
COPYRIGHT INFRINGEMENT NOTIFICATION
E Ink is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. E Ink will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for E Ink Websites in the manner described below:
-
By Mail：No. 3, LiHsin 1st Rd., Hsinchu Science Park, Hsinchu 300, Taiwan R.O.C.
-
By Mail： compliance@eink.com
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
-
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
-
Identification of the copyrighted work claimed to have been infringed;
-
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit E Ink to locate the material;
-
Information reasonably sufficient to permit E Ink to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
-
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
-
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
SOCIAL MEDIA AND USER FORUMS
E Ink or its subsidiaries may support a proprietary online community as part of its Websites, as well as an official blog (“Official Forums”). E Ink or its subsidiaries may also maintain an official presence on several major independent social media sites and networks, including but not limited to Facebook, Twitter, YouTube, Pinterest, Google+, Instagram, Weibo, WeChat, Line, and LinkedIn (“Official Social Media Accounts”). Customers, followers, and other users of E Ink and its subsidiaries’ accounts on those independent networks are subject to each site’s respective terms of use, in addition to the terms below, where applicable.
Official Forums and Official Social Media Accounts are managed by E Ink staff or authorized representatives. E Ink does not permit the creation of social media accounts that use its name, the names of its subsidiaries, or its intellectual property (e.g., E Ink service marks, logo(s), and copyrighted materials) without prior written authorization. Please contact compliance@eink.com if you are aware of any unauthorized use of E Ink’s name and/or materials on a social media site. Information shared within the Official Forums and Official Social Media Accounts is not reviewed or approved by E Ink or its subsidiaries prior to posting. These areas are provided for you to share personal experiences, connect with other visitors, and discuss anything relevant to E Ink products and services. E Ink and its subsidiaries do not endorse and cannot and shall not be held liable for any comments or recommendations made by users and visitors. By using any one of more of the Official Forums and Official Social Media Accounts, you signify your agreement to these Terms of Use.
Use of Official E Ink Social Media Accounts and Official E Ink Forums
-
You are solely responsible for your communications within Official Forums and Official Social Media Accounts, the consequence(s) of posting these communications, and your reliance on any communications in these areas. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately.
-
E Ink and its subsidiaries do not represent that the User Content posted or otherwise provided on Official Forums or Official Social Media Accounts is accurate, complete, reliable, useful, timely, or current. You read all User Content at your own risk. Do not rely on the information or advice in any User Content.
UNAUTHORIZED USE OR ACCESS
Unless otherwise expressly authorized in these Terms of Use or in other terms for specific E Ink Websites, you may not take any action to interfere with E Ink Websites or any other user's use of E Ink Websites or decompile, reverse engineer or disassemble any E Ink Content or other products or processes accessible through E Ink Websites, nor insert any code or product or manipulate the E Ink Content in any way that affects any user's experience.
While using E Ink Websites, Official Forums, and Official Social Media Accounts, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of E Ink Websites, Official Forums, and Official Social Media Accounts to respect the rights and dignity of others. Your use of E Ink Websites is conditioned on your compliance with the rules of conduct set forth in this section.
a. Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with E Ink Websites, Official Forums, and Official Social Media Accounts:
-
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
-
Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
-
Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
-
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
-
Any material, non-public information about a company without the proper authorization to do so.
b. Use E Ink Websites, Official Forums, and Official Social Media Accounts for any fraudulent or unlawful purpose.
c. Use E Ink Websites, Official Forums, and Official Social Media Accounts to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of E Ink Websites, Official Forums, and Official Social Media Accounts.
d. Impersonate any person or entity, including without limitation any representative of E Ink or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with E Ink Websites, Official Forums, and Official Social Media Accounts; or express or imply that we endorse any statement you make.
e. Interfere with or disrupt the operation of E Ink Websites, Official Forums, and Official Social Media Accounts, or with the servers or networks used to make them; or violate any requirements, procedures, policies or regulations of such networks.
f. Restrict or inhibit any other person from using E Ink Websites, Official Forums, and Official Social Media Accounts (including without limitation by hacking or defacing any portion of E Ink Websites, Official Forums, and Official Social Media Accounts).
g. Use E Ink Websites, Official Forums, and Official Social Media Accounts to advertise or offer to sell or buy any goods or services for any business purpose, without E Ink's express prior written consent.
h. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to E Ink Websites, Official Forums, and Official Social Media Accounts.
i. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of E Ink Websites, Official Forums, and Official Social Media Accounts.
j. Remove any copyright, trademark or other proprietary rights notice from E Ink Websites or materials originating from E Ink Websites, Official Forums, and Official Social Media Accounts.
k. Frame or mirror any part of E Ink Websites, Official Forums, and Official Social Media Accounts without E Ink's express prior written consent.
l. Create a database by systematically downloading and storing E Ink Content.
m.Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather E Ink Content or reproduce or circumvent the navigational structure or presentation of E Ink Websites, Official Forums, and Official Social Media Accounts.
Additionally, you acknowledge and agree that you (and not E Ink) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use E Ink Websites, and paying all charges related thereto.
MONITORING; REMOVAL OF SUBMISSIONS
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion:
a. evaluate User Content before allowing it to be posted on E Ink Websites, Official Forums, and Official Social Media Accounts;
b. monitor User Content;
c. alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner;
d. terminate accounts on or prohibit access to E Ink Websites, Official Forums, and Official Social Media Accounts; and/or
e. disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to
-
operate E Ink Websites, Official Social Media Accounts, and Official Forums;
-
protect E Ink, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and users and visitors on E Ink Websites;
-
comply with legal obligations or governmental requests;
-
enforce these Terms of Use;
-
for any other reason or purpose consistent with applicable law and these Terms of Use.
f. Investigate an allegation that communications do not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s);
g. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use;
h. Terminate a user's access to the social media areas and/or the Site upon any breach of these Terms of Use; or
i. Monitor or disclose any communication in the social media areas of the Site.
E Ink and its subsidiaries assume no liability or responsibility to users of E Ink Websites, Official Social Media Accounts, Official Forums, or any other person or entity for performance or nonperformance of the aforementioned activities.
CONTENT YOU SHARE WITH US
We may include features on E Ink Websites, Official Forums, and Official Social Media Accounts that allow you to share your information, comments, reviews, ideas, concepts, drawings, recipes, and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “User Content”) with us, our subsidiaries, and other users of E Ink Websites, Official Forums, and Official Social Media Accounts. Please note that, by sharing User Content, your User Content may become publicly accessible and will not be subject to any confidentiality restrictions. You grant to E Ink and its Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you:
a. to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such User Content, in any media now known or hereafter developed, for E Ink and/or the Affiliated Entities' business purposes,
b. to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law, and
c. to use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your submission.
The foregoing licenses shall survive any termicountry of your use of E Ink Websites, Official Forums, and Official Social Media Accounts. For all of the User Content you choose to share, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such User Content, and your provision or creation thereof through E Ink Websites, Official Forums, and Official Social Media Accounts complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit.
Please note that we do not solicit or encourage submissions of User Content containing ideas or suggestions relating to E Ink Websites, Official Forums, and Official Social Media Accounts, our business or our Affiliated Entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our Affiliated Entities will have no obligations with respect to such ideas or suggestions (including without limitation, confidentiality) and may use them for any purpose whatsoever. You understand and acknowledge that E Ink has both internal resources and other external resources which may have developed, or may in the future develop, ideas identical to or similar to any ideas or suggestions or comments to suggestions you may submit. Any idea or suggestion you submit to us shall be subject to the foregoing User Content policy and terms.
ACCURACY OF INFORMATION YOU SUBMIT
You may be permitted to or asked to submit information to E Ink Websites, Official Forums, and Official Social Media Accounts. You expressly represent and warrant: (a) that you have the authority to provide E Ink with all such information; (b) that all such information may be used by E Ink; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of E Ink Websites, Official E Ink Forums, and Official Social Media Accounts.
PASSWORDS
To the extent that you choose to register for an account on any E Ink Website, you will have a password-protected account with us upon completing the registration process. You are responsible for maintaining the confidentiality of your password, and, except where E Ink or a third party have violated their statutory or other obligations, you are fully responsible for all activities that occur under your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. E Ink and its subsidiaries cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Without prejudice to E Ink’s statutory obligations to keep your personal data secure, you are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your responsibility to (1) control the dissemicountry and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your E Ink account(s) and password(s) and (3) promptly inform E Ink if you wish to deactivate your password(s). E Ink cannot and does not assume any responsibility or liability for any information you submit to E Ink Websites, or for your use or misuse of information transmitted or received using E Ink Websites.
LINKS TO OTHER SITES
E Ink Websites, Official Forums, and Official Social Media Accounts may provide links to other websites and online resources beyond our control. This includes links from advertisers, sponsors and others that may use our Websites’ logo as part of a cobranding agreement. We are not responsible for and do not endorse such external sites or resources or any materials or content posted on such sites. These other websites etc. may send their own cookies or tracking technology to you, independently collect or solicit personal data and may or may not have published privacy policies. If you visit such other websites or resources you should consult that site’s terms of use and privacy policy.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.TERMINATION OF ACCESS
In addition to any right or remedy that may be available to it under applicable law, E Ink may suspend, limit, or terminate all or a portion of your access to E Ink Websites, Official Forums, and Official Social Media Accounts, and/or your rights to use any of the Official Content, at any time with or without notice and with or without cause, including without limitation, if E Ink believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termicountry, your right to use E Ink Websites, Official Forums, and Official Social Media Accounts will immediately cease. In addition, E Ink may refer any information on illegal activities, including your identity, to the proper authorities. You agree that E Ink and its Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termicountry of your access to E Ink Websites, Official Forums, or Official Social Media Accounts.
LIABILITY
E Ink makes no warranties, representations or claims with respect to any of the information or content on, or available via, E Ink Websites, Official Forums, or Official Social Media Accounts, and accepts no responsibility for any loss or damage that may result from accessing or relying on any such information or content. E Ink disclaims to the fullest extent permitted by applicable law any and all liability with respect to acts or omissions made by users of E Ink Websites, Official Forums or Official Social Media Accounts based on the information or content thereof. Further, E Ink assumes no responsibility for computer viruses resulting from use of E Ink Websites, Official Forums or Official Social Media Accounts.
You will indemnify and hold E Ink (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use (including any warranties herein) or your breach of any law or the rights of a third party.
N NO EVENT SHALL E INK OR ANY E INK SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF E INK WEBSITES OR ANY MATERIALS OR INFORMATION CONTAINED THEREIN OR FEATURES THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, E INK’S AND ITS SUSIDIARIES’ TOTAL LIABILITY FOR ANY DIRECT DAMAGES RESULTING FROM THE SAME SHALL BE LIMITED TO US$100.00.INTERNATIONAL USERS
E Ink Websites, Official Forums, and Official Social Media Accounts are controlled, operated and administered by E Ink, its subsidiaries, or its licensees from their offices in Taiwan or the United States of America. However, you acknowledge and agree that E Ink shall be subject only to the laws and jurisdiction of the United States of America. Notwithstanding E Ink’s use of Chinese-based social media sites and foreign websites, E Ink and its subsidiaries do not represent or warrant that E Ink Websites, Official Forums, and Official Social Media Accounts or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access E Ink Websites, Official Forums, and Official Social Media Accounts do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. E Ink may limit the availability of E Ink Websites, Official Forums, and Official Social Media Accounts, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.