Terms of Use

Welcome to www.htcchampions.com (hereinafter the “Site”). This Site is intended for U.S. wireless carrier employees, HTC resellers, suppliers and agencies involved in the sales and marketing of HTC products in the United States. The Site is managed and maintained by Create Marketing and Sales Solutions, Inc. (hereinafter “Create”) on behalf of HTC Corporation and its affiliates (“HTC”). The Site is comprised of web pages containing information and resources provided by HTC and certain third party content providers. Create offers you access to the Site conditioned on your acceptance of these Terms of Service, including your agreement to the Privacy Statement, each as amended from time to time (collectively, the “Terms”). Create’s Privacy Statement is hereby a part of and fully incorporated into these Terms and applies to your use of the Site. It contains information about Create’s practices for collection and use of information about you and your use of the Site. Please review the Privacy Statement. “You” means an individual who accesses or uses the Site and any services available through the Site is hereinafter “Services”.

Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not access or use the Site. Create reserves the right to change these Terms at any time in accordance with Section 16.

1. Additional Terms

Additional terms may be presented to you on the Site. You agree to comply with any additional terms, which are incorporated in these Terms by reference.

2. Passwords; Attribution of Electronic Acts To You.

Using this Site will require You to register with a login and to create a password. You may also create a personalized avatar. If you register, you must provide Create with current, complete and accurate information. You are responsible for maintaining the confidentiality of your login and password. You agree that if your login and password are used on the Site, Create may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify Create immediately of any unauthorized use of your account or any other breach of security. Create may change your user name and password at any time.

3. Site Use

You may use the Site when it is available. The Site may not always be available. Create reserves the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice. HTC and its suppliers own all information, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of the materials provided through this Site (“Content”). You may view, copy, print and use pages and information from this Site solely for personal and noncommercial purposes. You may not alter any information or pages in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this Site without HTC’s prior written (non-electronic) consent. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved.

4. Code of Conduct

We want you to enjoy your experience on the Site and learn more about HTC products. In order for you to enhance your learning experience and fully benefit from the Site, we suggest you set up a time period where you will not have any distractions and to keep a notepad and pen on hand to write down any questions you may have, to note a place in the materials where you have to refresh your learning, or to note where to pick up from if you have to stop and take a break.

We want you to be excited to learn about HTC mobile devices in order to help you sell and promote HTC’s quality products to the general public. You agree when using the Site, that you will not engage or attempt to engage in any improper uses or otherwise violate this code of conduct that also governs your use of such features of the Site. Improper uses include:

1. violating any applicable law or regulation;
2. copying, modifying, posting or transmitting content you do not have the right to copy, modify, post or transmit;
3. utilizing, modifying, posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, contract right or other right;
4. posting or transmitting content that is unlawful, fraudulent, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined by Create or HTC;
5. causing damage to Create or HTC’s business, reputation, employees, facilities, or to any person;
6. attempting to intercept, collect or store data about third parties without their knowledge or consent;
7. deleting, tampering with or revising any material posted by any other person or entity;
8. accessing, tampering with or using non-public areas of the Site, Create's computer systems or any other Create website;
9. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10. attempting to access, search, or extract data from the Site or any Create website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism other than the software or search agents provided by Create or other generally available third party web browsers;
11. sending or attempting to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain mail" or "junk mail";
12. using or attempting to use the Site or any other Create website to send altered, deceptive or false source-identifying information;
13. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or any Create website, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
14. interfering or attempting to interfere with the access of any user, host or network, including sending any harmful, illegal, deceptive or disruptive code to the Site, or any Create website, such as a "virus," “spyware” “adware” or other code that could adversely impact the Site or any recipient, or overloading, "flooding," "spamming," "crashing" or "mail bombing" the Site or any other HTC website;
15. impersonating or misrepresenting your affiliation with any person or entity;
16. using the Site for any unlawful, unintended or harmful purpose, such as to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," unregistered sales of securities and securities fraud;
17. taking any action which could impose a significant burden (as determined by Create) on the Site infrastructure, such as excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server, or any other server, and non-traditional end user activities; or
18. “framing” the Site or otherwise making it look as if you have a relationship with Create or HTC or that Create or HTC has endorsed you for any purpose.

If Create suspects violations of any of the above, Create may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with Create in investigating suspected violations.

Create reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that Create considers to be illegal or violations of these Terms. Create may without notice, remove, block, filter or restrict any materials or information (including emails) that Create considers to be actual or potential violations of these Terms.

5. No Unsolicited Feedback or Submissions

This Site provides You an opportunity for you to tell HTC what you think about their products and services. You agree that if you post, upload or submit in any way, any information, including without limitation product reviews or other materials, through this Site, (collectively "Submissions"), you make these Submissions voluntarily. Your Submissions will not be considered confidential or proprietary. If you share Submissions on the Site, you understand and agree that others with whom you have shared your Submissions may use them.

Create does not claim ownership of any Submissions and will not pay you for Submissions. However, by providing any Submission you grant Create and its customers, suppliers, strategic partners and sublicensees, a royalty-free, worldwide right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and sublicense your Submission and to publish your name in connection with your Submission in connection with the operation of the Site and the businesses of Create and its customers, suppliers, strategic partners and sublicensees. You also waive any moral rights you may have in your Submissions. Create is not obligated to post or use any Submission you may provide. Create may remove or edit any Submission at any time. Create and its customers, suppliers, strategic partners and sublicensees, will not have any liability in connection with the receipt, examination or use of any Submissions provided by you.

If you provide Submissions, you agree to state your opinions lawfully and in good faith and to reveal to others any conflict of interest or relationship that influences your views (such as if someone is paying you or giving you something to encourage you to comment). You understand that sharing content that violates others’ copyrights and other intellectual property rights violates these Terms. You warrant and represent that you own or otherwise control all of the rights to your Submission, have the necessary consents from any individuals whose personally identifiable information is contained in your Submissions, and that the use and publication of your Submissions does not violate any law. All Submissions are the opinion of the person commenting and do not necessarily reflect Create’s views. Create does not control or endorse any Submissions.

Create does not wish to receive your suggestions for improving this Site or its other websites (“Feedback”). Please do not submit unsolicited Feedback through the Site. If you do submit or provide Feedback to Create, you irrevocably assign to Create all right, title and interest throughout the world in such Feedback without the right to any compensation or royalties from Create and waive any moral rights you may have in such Feedback. Further, you irrevocably waive and agree never to assert any claims against Create or any of Create’s successors in interest with respect to Feedback you submit or provide to Create.

6. Content on Site May Change; Caution about Accuracy of Information

This Site represents current HTC services and products, and is subject to change without notice. There may be information on this Site that is outdated, contains typographical errors, inaccuracies or omissions. The colors you see (for example, product colors) on the Site may depend on the specifications and settings of your computer and may not accurately depict the actual colors. You agree not to rely on any information provided on this Site.

7. Third Party Website Links

The Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under Create’s control and Create is not responsible for any Linked Site. Create provides these links as a convenience and the inclusion of any link does not imply endorsement by Create or an association with its operators. When you access a Linked Site, you do so at your own risk.

8. Third Party Materials

If you obtain anything from a third party over the Internet, directly or indirectly through the Site, including but not limited to ringtones, content, music, applications, stock quotes, newscasts, weather reports or other materials and information for use on or with your HTC device (“Third Party Materials”), you understand that you receive such Third Party Materials from the third party supplier and not from Create. Your relationship with respect to Third Party Materials is with the supplier, and not with Create. Any claims you might have with respect to Third Party Materials are against the supplier and not against Create.

9. No Warranties

The Site, Linked Sites, Content, Third Party Materials, and Services are provided “AS IS,” “WITH ALL FAULTS” and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. Create and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.

10. Disclaimer of Certain Damages.

In no event will Create or any supplier be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, the Content, Third Party Materials or Services, even if Create or any supplier has been advised of the possibility of such damages.

11. Limitation of Liability and Exclusive Remedy.

Create’s and its suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out o, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, Content, Third Party Materials, Services or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site, Linked Sites, Content, Third Party Materials or Service will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.

The damage exclusions and limitations of liability in Sections 10 and 11 of these Terms will apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you.

12. Independent Remedies.

The exclusion of damages under Section 10 is independent of your exclusive remedy in Section 11 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 10 and 11 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

13. Privacy

To operate and provide the Site, Create will collect certain information about you. We use and protect that information as described on the Site and in the Privacy Statement. Personal information collected through the Site may be stored and processed in the United States.

14. Copyright Notice and Takedown Procedures

You agree to respect the intellectual property rights of Create and the third parties represented on the Site. If you believe that material available through the Site infringes the copyright of any third party, please notify HTC’s copyright agent by using the notice procedure described below. After receiving notice, Create may remove or disable access to any infringing material. Create has the right to terminate any account or right of access to the Site for infringement of Create’s or other third party’s rights.

If you believe that your work has been copied in some way that constitutes copyright infringement, please provide the written notice specified below to HTC’s copyright agent. Please note that HTC provides the following procedure only for you to notify HTC that your copyrighted material on the Site may have been infringed. Any other inquiries, such as requests for technical assistance, will not receive a response through this process.

Please submit the following information in writing to HTC’s copyright agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

2. A detailed description of the location where the material you claim to be infringed is posted on the Site so that HTC can locate the material;

3. Your postal address, telephone and email address so that HTC can contact you, if necessary, regarding your notice;

4. 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 the law; and

5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

HTC’s agent for notice of claims of copyright infringement on the Site can be reached as follows:

Legal Department
HTC America, Inc.
13920 SE Eastgate Way, Suite 400
Bellevue, WA 98005
Phone: (425) 679-5318
Fax: (425) 861-1715
Email: copyright_NA@htc.com

15. Applicable Law and Forum

If you live in the United States or Canada, the laws of the state of New York in the United States govern the interpretation of these Terms and apply to claims for breach of it regardless of conflict of laws principles. Any other claims, including claims regarding consumer protection laws and in tort, will be subject to the laws of your state of residence in the United States. You agree to submit to the exclusive jurisdiction and venue in the federal courts in the Southern District of New York or the state courts located in the Borough of Manhattan, in the State of New York, U.S.A., for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.

16. Changes to these Terms

Create reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. Your continued use of the Site after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Site.

17. Termination

Create reserves the right to terminate these Terms and your access to the Site or any portion thereof at any time, without notice. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19 and 21 will survive termination.

18. Notices

Create may give you all notices (including legal process) that it is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to Create. You agree to keep your email and mailing addresses current and to check for notices posted on the Site. You agree to send Create notice by mailing it to Create’s “Address for Legal Notices” which is:

Create Marketing
2475 Washington Blvd.
Ogden, UT 84401
Attention: Legal Department

19. General

If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. Create may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. Create’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement and any other incorporated terms) constitute the entire agreement between you and Create with respect to the Site. These Terms supersede all prior or contemporaneous communications of any kind between you and Create with respect to the Site.

20. Support

Create does not offer customer support for the Site or any feature or service available through the Site.

21. Copyright and Trademark Notices

Website design, HTML, CSS are © 2010 Create Marketing and Sales Solutions, Inc. All rights reserved. Except for Submissions, all contents of the Site are © 2010 HTC Corporation and/or its suppliers, No. 23 Xing-Hua Rd., 330 Taoyuan City, Taiwan R.O.C. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Site.

The HTC logo, the HTC quietly brilliant logo, “You Don’t Need to Get a Phone. You Need a Phone that Gets You.”, HTC EVO, HTC Hero, HTC Imagio, HTC Ozone, HTC Pure, HTC Sense, HTC Snap, HTC Tilt, HTC Touch, HTC Touch Pro, Incredible by HTC and all other HTC products and services that might be referenced on the HTC Champions Website are trademarks of HTC Corporation. DROID is a trademark of Lucasfilm Ltd. and its related companies. Used under license. The names of actual companies, product names, service names and logos referenced on the HTC Champions Website are the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.