Terms of Use

ctsai · 08-07-2009

Introduction

Welcome to the Trend Micro Inc. family of websites (“Site” or “Sites”). These Terms of Use apply to all websites published and/or operated by Trend Micro Inc., and/or any of its affiliates and subsidiaries (collectively, “Trend Micro, Inc.”) or that link to these Terms of Use.

If you use or participate in the Sites, you agree to be legally bound by these Terms of Use in addition to any other agreements, terms and rules that apply to your use of our Sites.

Please don’t use our Sites if you don’t agree to these Terms of Use because once you are on our Sites, you must comply with these Terms of Use. Trend Micro Inc. and its representatives and agents that assist in operating our Sites reserve the right to temporarily or permanently disable access to the Sites for anyone who violates these Terms of Use. Because of the importance of these Terms of Use, Trend Micro, Inc. will disable access to the Sites at its sole discretion and may do so without notice.

Because Trend Micro, Inc. reserves the right to change the Terms of Use at any time, Trend Micro, Inc. recommends visiting this page periodically to check whether the terms have changed since your last visit. By using these Sites, you agree to be bound by all of the current Terms of Use.

Certain services available through our Sites, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms of Use do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with Trend Micro Inc., including any other website terms of use with a Trend Micro affiliate. To the extent there is any conflict between these Terms of Use and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.

Ability to Accept Terms & Conditions

These Terms of Use form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Use, and to abide and comply with these Terms of Use.

Registration, Login Info and Security

Whenever you provide us information on our Sites, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or Trend Micro, Inc. have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Trend Micro, Inc. may without notice suspend or terminate your access to our Sites and refuse any and all current or future use of our Sites (or any portion thereof).

If any portion of our Sites requires you to register or open an account you may also be asked to select a password and a user name. Please select a password that would not be obvious to others, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Trend Micro, Inc. of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Trend Micro, Inc. may otherwise have, Trend Micro, Inc. reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Trend Micro, Inc. may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Trend Micro, Inc. be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Trend Micro, Inc. under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

The security of your personally identifying information is important to Trend Micro, Inc. While there is no such thing as "perfect security" on the Internet, Trend Micro, Inc. will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Sites is invulnerable to all security breaches, and that Trend Micro, Inc. makes no warranty, guarantee, or representation that use of any of our Sites is protected from viruses, security threats or other vulnerabilities.

Privacy Policy

Please view our Privacy Policy, which explains Trend Micro Inc.’s practices relating to the collection and use of your information through or in connection with our Sites. Trend Micro’s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Sites you consent to the collection and use of this information (as set forth in the Privacy Policy).

Copyright and Authorization

Everything on or used in connection with our Sites, including text, images, graphics, logos, audio and video content and software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by Trend Micro, Inc. or our licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Sites enable you to download or save) without our express permission.

Trend Micro, Inc. gives you permission to use the Content to surf and view our Sites, which means displaying or loading the Content on your computer in connection with typical web browsing activity. Second, Trend Micro, Inc. gives you permission to use the Content for your personal, non-commercial uses. This means, however, that you do not have our permission to distribute the Content, to publicly display the Content, charge any fee for it, use the Content to create your own website, construct a database with the Content or replicate our Sites or any parts of it elsewhere. (Trend Micro, Inc. intends these only as examples and are not an exhaustive list of things you can’t do with our Content).

Regardless of the permissions Trend Micro, Inc. gives you to use the Content, Trend Micro, Inc. remains the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If Trend Micro, Inc. has included an author attribution, a trademark or copyright notice or other legal notices on the Content, you may not remove or alter any of these.

User Generated Content (UGC)

Some of the Sites have tools that allow you to communicate with other users and to create, post, upload, share and distribute various forms of content for and in connection with the Sites, including visualizations, photographs, scripts and other information or materials (collectively, “User Generated Content”). Keep in mind that User Generated Content does not include your blog and message board postings. If you post your insights, ideas, opinions and comments on our blog site or message boards, you cannot prevent Trend Micro Inc. or other members of the community from using them, and you agree to give your consent to Trend Micro Inc. and anyone else to use your posts in any manner.

Your Use of User Generated Content

It’s great that users on our Sites can upload or share content with each other, but Trend Micro, Inc. do not authorize you to upload or share on our Sites certain items and content. Do not create, transfer, share, send, submit, post or upload any User Generated Content that:

Is protected by copyright, trademark, patent or trade secret or subject to third-party proprietary rights, including rights of privacy and publicity - unless you are or have permission from the rightful owner;
Contains fraudulent statements or misrepresentations that could damage us or any third party;
Contains any statements or materials that disparage, ridicule or scorn us or any third party;
Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
Is an advertisement, solicitation of business or engages in any commercial activity on the Sites;
Is an impersonation of another person;
Produces SPAM on or throughout the Sites publicizing a product or event; or
Violates these Terms of Use, Privacy Policy or other agreements that Trend Micro, Inc. incorporates into these Terms of Use by reference.

License For User Generated Content

If you post, upload or make available any User Generated Content on our Sites, you will still own the User Generated Content (assuming you have rights to own it) but you are giving us the right to use your User Generated Content. If you create, transfer, share, send, submit, post or upload any User Generated Content onto our Sites, you grant us certain rights to use it (described below) without further permission or having to pay you for it.

In legal terms, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you grant Trend Micro Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed, both on these Sites and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any User Generated Content you provide to us.

In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you acknowledge that other users of the Sites may use your User Generated Content. Trend Micro Inc. is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user of the Sites, you are responsible for contacting the other user directly; do not contact Trend Micro Inc.

Screening and Removal of User Generated Content

Trend Micro Inc. may or may not pre-screen User Generated Content. Trend Micro Inc. has the right (but not the obligation) to move, remove, block, edit, or refuse to post any User Generated Content for any reason, including that User Generated Content violates these Terms of Use or other applicable terms, rules or agreements between you and us.

Copyright Complaints

Trend Micro respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please notify Trend Micro at legalnotice@trendmicro.com and provide the following written information:

ž An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

ž A description of the copyrighted work that you claim has been infringed upon;

ž A specific description of where the material that you claim is infringing is located on the Sites;

ž Your address, telephone number, and e-mail address;

ž A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

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

User Submitted Content

Our Sites may have "publicly accessible areas" such as message boards, forums, member profiles, or other features that allow users to post User Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Sites, while you retain any and all of your lawfully owned rights in such User Content, you grant Trend Micro Inc. a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Sites to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such User Content that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your User Content. Trend Micro Inc. is under no obligation to post or use any User Content you may provide and Trend Micro Inc. may remove your User Content at any time in its sole discretion. You agree that Trend Micro Inc. is not under any obligation of confidentiality, express or implied, with respect to your User Content. You represent and warrant that you own or otherwise control all necessary rights to the User Content that you post, that such User Content is accurate, that use of the User Content you supply does not violate these Terms, and will not cause injury to any person or entity, and that you will indemnify Trend Micro Inc. for all claims resulting from the User Content you supply.

Trend Micro Inc. does not generally pre-screen or control User Content posted by users of our Sites, and, therefore, does not guarantee the accuracy, integrity or quality of such User Content. Trend Micro Inc. shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any User Content that is available via our Sites for any or no reason, including that any User Content violates these Terms of Use or is otherwise objectionable. Trend Micro, Inc. take no responsibility and assume no liability for any User Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Sites, Trend Micro, Inc. is only a forum and are not liable for any statements, representations, or User Content provided by users of the Sites. Any opinions, advice or recommendations expressed therein are those of the users providing such User Content and not those of Trend Micro Inc. Trend Micro, Inc. does not endorse any User Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Trend Micro, Inc. reserves the right to take such action as Trend Micro, Inc. deems appropriate in cases where the Sites are used to disseminate statements that are harmful or inflammatory.

Submissions to Trend Micro Inc.

Trend Micro, Inc. is very interested in what you think, and knowing about your experiences. Much of this site is about helping others and improving Trend Micro products through sharing such information. Trend Micro, Inc. encourages ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site.

That said, in the event you do so, you hereby grant to Trend Micro Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Trend Micro Inc. the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that you shall have no recourse against Trend for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Trend Micro Inc., including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

Sites Security

Violating the security of our Sites is prohibited and may result in criminal and civil liability. Trend Micro, Inc. may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Sites or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

Warranty Disclaimer

Trend Micro, Inc. really hopes you enjoy the Sites, and Trend Micro, Inc. also hopes the Sites will function properly. Your use of the Sites, however, is at your sole risk. To the fullest extent permitted by law, Trend Micro Inc., its officers, directors, shareholders, employees representatives, and agents disclaim all warranties, express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, in connection with the Sites and your use of them. Trend Micro Inc. makes no warranties or representations about the accuracy or completeness of the Sites. Trend Micro Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Trend Micro Inc. or any hyperlinked website or feature in any banner or other advertising, and Trend Micro Inc. will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

In no event will Trend Micro Inc., its officers, directors, employees, shareholders, representatives or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (a) mistakes or inaccuracies of content on the Sites, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Sites, (c) any unauthorized access to or use of our secure servers or any and all non-secured personal information (d) any interruption or the cessation of transmission to or from the Sites, (e) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Sites; or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or made available via the Sites, whether based on warranty, contract, tort or any other legal theory and whether or not the company is advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.

Enforcement

Trend Micro Inc. reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

You agree that Trend Micro Inc. may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if Trend Micro Inc. elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in Trend Micro Inc.’s sole discretion and that Trend Micro Inc. shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites. Further, Trend Micro Inc. reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason and without notice to you in its sole discretion.

Trend Micro Inc. may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on Trend Micro Inc.’s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of Trend Micro Inc.’s services, the Sites and other persons or entities from fraudulent, abusive, or unlawful use of the Sites or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OF USE SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

Indemnification

You agree to indemnify, defend and hold harmless Trend Micro Inc. and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Sites, your use of our Sites, your connection to our Sites, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Trend Micro Inc. or your use of our Site. Trend Micro Inc. reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Trend Micro Inc. in asserting any available defenses.

Independent Parties

You and Trend Micro Inc are independent parties, and nothing in these Terms of Use constitutes a partnership between or joint venture of you and Trend Micro Inc or to make either party the agent of the other. You are not allowed to hold yourself out contrary to the terms of this paragraph, and Trend Micro Inc is not liable for any representation, act or omission by you contrary to the provisions of these Terms of Use.

Miscellaneous

Trend Micro Inc.’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall be governed and construed in accordance with the laws of the State of California, without regard to the conflicts of laws provisions. You agree that any legal action or proceeding between Trend Micro Inc and you concerning these Terms of Use or the parties' obligations hereunder shall be brought exclusively in the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and you agree to submit yourself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Trend Micro Inc may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms of Use are not assignable by you without written consent of Trend Micro Inc. These Terms of Use do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Sites within one year after it arises.

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