SUNCOMM has the authority to legally bind such Entity and its Affiliates.
Account means any and all SUNCOMM accounts created or on behalf of by User.
Activated Device shall mean each Enabled Device that is activated on the Communications Network.
Affiliate shall mean, with respect to any entity, any other entity Controlling, Controlled by or under common Control with such entity, whether directly or indirectly through one or more intermediaries.
SUNCOMM means Shenzhen suncomm Industrial Co., Ltd.
Confidential Information means all information disclosed by User to SUNCOMM or by SUNCOMM to User which is in tangible form and labeled "confidential" (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party's Confidential Information.
Data means all electronic data, text, messages or other materials submitted to the Service by You in connection with Your use of the Service.
Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by SUNCOMM to You through the Site or otherwise.
Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Released Parties means SUNCOMM, and its officers, directors, shareholders, employees, agents, and successors.
Service(s) means any and all services provided by SUNCOMM to User including but not limited to the use and access to the Site, SUNCOMM GoodCloud, DDNS and tools such as Software, API and any Documentation. Any new or modified features added to the Service are also subject to these Terms.
Service Plan means the specific plan for which You subscribe, whether free or paid, as detailed on the Site, and the portion of the Service associated with said plan.
Software means any and all software(s) provided by SUNCOMM to Users.
Subscription Term means the period during which the User has agreed to subscribe to the portion of the Service as detailed in the Service Plan.
Third Party Services means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or to which User may connect or enable in connection with the Service, including, without limitation, certain Third Party Services which may be integrated in the Service.
User, You, Your means any individual or Entity using the Site and/or the Services.
Permission is granted to temporarily download one copy of the materials (information or software) on SUNCOMM's website for individuals, but only for non-commercial transitory viewing. You need to obtain a commercial license if you want to use it for commercial purpose. The licenses need to be granted by SUNCOMM. And under the license you may not:
This license shall automatically terminate if you violate any of these restrictions. Upon termination of your viewing these materials or this license, you must destroy some downloaded materials in your possession whether in electronic or printed format.
5.2 The trademarks including the mark SUNCOMM as shown on the Site, the Software or the Documentation are trademarks owned by SUNCOMM (collectively, "SUNCOMM Trademarks"). Unless otherwise provided by applicable laws or regulations, SUNCOMM Trademarks may not be used in any manner other than expressly authorized in a written agreement.
5.3 SUNCOMM shall maintain all rights, title and interest in and to SUNCOMM patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights. SUNCOMM shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback SUNCOMM receives from You. SUNCOMM reserves all rights not expressly granted to You.
Content is all of the information collected during your use of the Services. It includes information provided by you, by other users, by hardware devices connected to the Services, and by third-party devices and services connected to the Services. It also includes any information we provide into the Services, as well as information derived from or aggregated from any and all information provided to the Services. SUNCOMM has not reviewed any site linked to its website. Also, SUNCOMM is not responsible for the contents of any such linked site. The inclusion of any link is not implied endorsement by SUNCOMM of the site. It is users’ own risk of using any such linked website.
You accept that SUNCOMM is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to the Services. We encourage you to be aware of such agreements when you connect third-party services to the Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party applications or services that you may be exposed to when you interact with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.
The Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of SUNCOMM, and you acknowledge that (whether or not such sites are affiliated in any way with SUNCOMM) SUNCOMM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link is not implied endorsement by SUNCOMM or any association with its operators.
SUNCOMM cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from our site, since the third-party sites are owned and operated by independent retailers. SUNCOMM does not endorse any of the merchandise purchased from any third-party site, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. SUNCOMM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
With respect to some of our Products, at our sole discretion, we may offer technical support. We provide such technical support without any warranty of any kind. Prior to obtaining such support, it is your responsibility to back up all of your existing data, software and programs. We may cease or suspend offering technical support with a particular product at any time.
We are constantly improving and changing our Products/Services. We may suspend or stop offering a particular product/service or add or remove functionalities or features. We may perform such modifications without providing you with prior notice of such modification.
We may change, suspend, or discontinue the availability or any functionality of the SUNCOMM Properties, or any aspect of your access to the SUNCOMM Properties, at any time without notice to you and without incurring any liability to you. We may also impose limits on certain features and services or restrict your access to part or all of the SUNCOMM Properties without notice to you and without incurring any liability to you. Furthermore, SUNCOMM may limit, suspend, or terminate your use of the SUNCOMM Properties (and your rights under this Agreement) at any time. In addition, this Agreement will terminate automatically and without immediate notice upon any breach of the terms of this Agreement by you.
In addition，you may terminate this Agreement for any reason or no reason at all, at your convenience, by ceasing your use of the SUNCOMM Properties, and providing at least thirty (30) days prior written notice to SUNCOMM before your Your Termination Date.
Upon termination of this Agreement: (i) all rights and licenses granted will terminate immediately; (ii) any and all payment obligations, if any, will be due; and (iii) each party will promptly return to the other party all Confidential Information of such party in its possession, custody, or control. Neither party will be liable to the other party for damages of any sort resulting solely from the termination of this Agreement.
SUNCOMM will use reasonable efforts to delete your password, name, credit card information and all related information associated with or inside your Account (or any part thereof), excluding data related to past transactions upon termination of this Agreement, or upon request.
THE MATERIALS ON SUNCOMM WEBSITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. SUNCOMM MAKES NO EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
FURTHER, SUNCOMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS FOR THE ACCURACY AND RELIABILITY THE MATERIALS ON WEBSITE OR ON ANY SITES LINKED TO THIS ONE.
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNCOMM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY CIRCUMSTANCES (EVEN IF SUNCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE DAMAGES ABOVE ARE FOR ANY ASPECT OF YOUR USE OF SERVICE, INCLUDING LOSS OF DATA OR PROFIT, WHICH MAY ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE.
AND IN NO EVENT SHALL SUNCOMM'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT/SERVICE. AS SOME JURISDICTION DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIE, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
You agree to defend, indemnify and hold SUNCOMM, its affiliates, subsidiaries, directors, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) your use of the Services (including any action taken by a third-party using your account), and (b) your violation of these Terms, and (c) your violation of any law and (d) your false, fraudulent, malicious or inaccurate representation of your identity.
Furthermore, you agree to indemnify the SUNCOMM Indemnified Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from your use of our products in violation of these terms.
SUNCOMM will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond SUNCOMM reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
These terms and conditions are governed by and construed in accordance laws of Hong Kong, China. And you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
SUNCOMM may revise these terms of service for its website at any time without notice. By using this website, you have agreed to be bound by the current version of these terms of service.