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Terms and Conditions
Welcome to Microdia.com. The following are the "Terms and Conditions" that govern use of the Microdia.com web site (the "Site"). By using or visiting the Site, you unconditionally agree and accept to be legally bound by the Terms and Conditions. MICRODIA Ltd, its subsidiaries and/or affiliates ("MICRODIA") reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on the Site. If you violate these Terms and Conditions, MICRODIA may terminate your use of the Site, bar you from future use of the Site, cancel your order, and/or take appropriate legal action against you.
Permitted Use of Site
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software on this Site is the property of MICRODIA and/or its suppliers and is protected by Hong Kong and international copyright laws. The compilation of all content on this Site is the exclusive property of MICRODIA and protected by Hong Kong and international copyright laws.
Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site is owned by MICRODIA. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of MICRODIA. Documents posted by MICRODIA on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by MICRODIA or third parties. Nothing contained herein shall be construed as granting, by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of MICRODIA or any third party.
Registration
If you use this Site, MICRODIA may require you to register and provide accurate and complete information and update such information when necessary so it remains accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MICRODIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MICRODIA has the right to suspend or terminate your account and refuse any and all current or future access to and use of this Site.
Upon registering, you will receive a password and user ID. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID. You may only maintain one user ID and password at any one time and may not use multiple user IDs or passwords. You are required to use your password for your own use only. You may not permit others to use your passwords. You agree to immediately notify MICRODIA of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. MICRODIA cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Review of Transmissions MICRODIA reserves the right to sensor, edit, remove or prohibit the transmission or receipt of any information that MICRODIA deems inappropriate or in violation of the Terms and Conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Site constitutes your consent to such monitoring, copying and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Site, you grant MICRODIA and its affiliates a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise communicate to the public such content in any form, media or technology. You also waive all moral rights in relation to any such use of this content whether or not that use is presently contemplated. MICRODIA takes no responsibility and assumes no liability for any content posted or submitted by you.
Links To Third Party Sites or Content
This Site may contain links to other web sites which are not maintained by MICRODIA and which are provided solely as a convenience to you and not as an endorsement, recommendation or certification by MICRODIA, nor should the presence of a link in any way be construed as a suggestion that the Site has any relationship with MICRODIA. MICRODIA has not reviewed all of the linked web sites and shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to link to other web sites, you should carefully review their privacy statements and other terms and conditions (if any).
By using the Site to link to another Site, you agree and understand that you may not make any claim against MICRODIA for any damages or losses, whatsoever, resulting from your use of the Site to obtain link to another Site.
Access & Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without prior written permission of MICRODIA. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior written permission of MICRODIA.
Any third parties that wish to establish a hyperlink to Microdia.com should obtain the prior written permission of MICRODIA and MICRODIA reserves the right to deny permission for any such links to the Site. Unless MICRODIA enter into a specific written agreement with you, you may not use any of MICRODIA's names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to a MICRODIA Site using the plain text name of that Site or the plain text name of MICRODIA. Do not present the link to MICRODIA's Site in any way that suggests MICRODIA has any relationship or affiliation with your Site or endorses, sponsors or recommends the information, products or services on your Site. Do not use any of MICRODIA's names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without the prior written permission for a particular use from MICRODIA. Link only to the home page/first page/registration page of this Site and do not incorporate any content from this Site into your Site (e.g., by in-lining or framing). Do not use any of MICRODIA's names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying MICRODIA's Web sites in any "meta tag" or other information used by search engines or other information location tools to identify and select Sites, without MICRODIA's express written permission for a particular use. If you have comments, questions or requests please write to webmaster@microdia.com .
Unauthorized Use Of The Site
Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by MICRODIA with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless you have been provided with written authorization to do so by MICRODIA.
Limitation Of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL MICRODIA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT RESULTING FROM ACCESS TO OR USE OF THIS SITE, OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. ALTHOUGH MICRODIA BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, MICRODIA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. MICRODIA MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME AND WITHOUT NOTICE.
Warranty Disclaimer
THE FOREGOING IS THE COMPLETE WARRANTY FOR MICRODIA PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO MICRODIA PRODUCTS AND MICRODIA EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE, PROVINCIAL OR LOCAL LAW INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE LIMITED TO THE PERIODS OF TIME SET FORTH ABOVE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MICRODIA PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT EQUIPMENT OR FOR APPLICATIONS IN WHICH THE FAILURE OR MALFUNCTION OF THE PRODUCTS WOULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH IS LIKELY TO OCCUR. MICRODIA SHALL NOT BE LIABLE FOR THE DEATH OF ANY PERSON OR ANY LOSS, INJURY OR DAMAGE TO PERSONS OR PROPERTY BY USE OF PRODUCTS USED IN APPLICATIONS INCLUDING, BUT NOT LIMITED TO, MILITARY OR MILITARY-RELATED EQUIPMENT, TRAFFIC CONTROL EQUIPMENT, DISASTER PREVENTION SYSTEMS AND MEDICAL OR MEDICAL-RELATED EQUIPMENT. IF SUCH USE IS INTENDED, CONTACT MICRODIA FOR COMPONENTS SUITABLE FOR SUCH APPLICATIONS.
MICRODIA'S TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MICRODIA SHALL NOT BE LIABLE TO THE PURCHASER OR END USER CUSTOMER OF A MICRODIA PRODUCT FOR ANY DAMAGES, EXPENSES, LOST DATA, LOST REVENUES, LOST SAVINGS, LOST PROFITS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THE MICRODIA PRODUCT, EVEN IF MICRODIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES, COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, COUNTRY TO COUNTRY OR JURISDICTION TO JURISDICTION.
WITH REGARDS TO CITIZENS OF COUNTRIES THAT ARE MEMBERS OF THE EUROPEAN UNION, IF THIS PRODUCT IS PURCHASED BY A CONSUMER AND NOT IN THE COURSE OF A BUSINESS, THIS WARRANTY SHALL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. THIS DISCLAIMER DOES NOT PURPORT TO LIMIT OR EXCLUDE MICRODIA'S LIABILITY FOR DEATH OR INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.
Disputes
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of Hong Kong . Should these disputes be brought to court, you agree to bring it to and have it settled by the courts in Hong Kong .
Indemnity
You agree to indemnify and hold MICRODIA, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another Site or to upload content or other information to the Site.
Modification Due to the dynamic nature of this industry, prices, product details, versions, services and availability are subject to change on a continual basis without prior notice and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
Severability
The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You understand and agree that in MICRODIA's sole discretion, and without prior notice, MICRODIA may terminate your access to the Site, cancel your order or exercise any other remedy available if MICRODIA believes that your use is inconsistent with these Terms and Conditions or has violated the rights of MICRODIA, another user or the law. You agree that monetary damages may not provide a sufficient remedy to MICRODIA for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. MICRODIA may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
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