END USER TERMS AND CONDITIONS

(Effective Date: January 1, 2020)

These End User Terms and Conditions ("Terms and Conditions") govern and regulate the use of the Voice Services available on smart TV (“Device”), and are a legal agreement between the end user (referred to as “you” or “your”) and Device provider, its affiliates, subsidiaries and/or parents (referred to as "we" or "us" or “our” or “ours”).

IF YOU WANT TO USE VOICE SERVICES, please read these Terms and Conditions carefully. By installing and/or using and/or accessing or using the Voice Services through the Device, you agree to be legally bound and abide by these Terms and Conditions. Your use of the Voice Services indicates that you have read and accepted these Terms and Conditions and any other applicable terms.

1. IMPORTANT DEFINITIONS

“Application(s)” means an embedded, downloadable and/or executable software application owned by us or a service provider, and made available on the Device.

“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.

“Device” means the Smart TV available for Voice Services.

“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.

“Voice Services” means voice enabled services provided by third parties to operate the Device or interact with you by capturing and/or receiving your natural language voice commands.

1. USE OF VOICE SERVICES

All Voice Services are owned and/or licensed by and from us or by and from third parties, as applicable, and are protected by copyright, patent, trademark and/or other intellectual property laws. From time to time, we may directly offer and make available to you certain Voice Services, and in such events, your use of such Voice Services shall be subject to these Terms and Conditions. Voice Services may be provided locally subject to local laws and regulations, and depending on your residence, location and network availability, you may be limited to types and levels of the Voice Services. The Terms and Conditions for the use of such Voice Services may differ for each different Device platform, country, region or market, and are subject to relevant platform terms and conditions, local, country and regional laws and regulations. All Voice Services are provided solely for your personal use in connection with your use of the Device. You may not use any Voice Services in a manner that has not been expressly authorized herein. Without limiting the foregoing, except as expressly permitted by these Terms and Conditions and/or applicable laws and regulations, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any of the Voice Services accessed through the Device.

1. USE CONDITIONS

Voice Services are intended for use by persons eighteen (18) years of age or older. If you are not at least 18 years of age or older or are legally, or otherwise, restricted from using the Voice Services, please discontinue using the Voice Services immediately. If you are not eighteen (18) years of age or older, you must have a parent or guardian's approval prior to using the Voice Services. By using any portion of the Voice Services, you accept these Terms and Conditions and are certifying that you are at least 18 years of age, are not under 13 years of age, or if you are between the ages of 13 and 18, have parental or guardian’s consent. Any use by individuals not of such age shall be considered a violation of these Terms and Conditions. The use of any portion of the Voice Services is restricted solely to personal use and no other uses are permitted.

WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY DETERMINE THAT THE USE OF VOICE SERVICES IS IN VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION.

Voice Services offered through the Device that require a fee may not be accessed by persons who have not paid the appropriate fee. In the event that registration, creation of a user account, and/or a fee is required for the Voice Services offered or provided by the licensor of such Voice Services, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and conditions of the Voice Services licensors.

All Voice Services accessible through the Device may be changed, suspended, removed, terminated or interrupted, or access may be denied, blocked or disabled at any time, without notice, and we make no representations or warranties that any Voice Services will remain available for any period of time. All Voice Commands are transmitted by means of networks and transmission facilities over which we have no control. You must accept these Terms and Conditions and the Privacy Policy if you wish to use the Voice Services accessible through your Device.

Any questions or requests for service relating to such Voice Services should be made directly to the respective service provider Voice Services providers, and not to us.

1. USE OF VOICE SERVICES THROUGH OUR DEVICE

The capture and/or receipt of natural language voice commands (“Voice Commands”) by the Voice Services may be enabled directly through the Device or through other devices (solely by way of example, the Device remote control, a companion application on your mobile phone, third-party Google Assistant or Alexa enabled devices, or otherwise). All Voice Services in the Device, as shipped by us, are disabled, and remain so unless and until you activate (for Google Assistant) or Opt-In (for Alexa) to the Voice Services.

To link Alexa to the Device(s), you will be required to create a new account (or log into a pre-existing account) (“VIDAA Account”) by entering your email address and a password. Once you have created a new VIDAA Account, or have logged into a pre-existing VIDAA Account, you will be provided with step-by-step instructions to link your Device(s) with your VIDAA Account and to the Voice Services.

The email address and password you submit in conjunction with setting up the VIDAA Account (“VIDAA Account Data”), and any TV Nickname you assign during the initial Device set up, is the only data we collect and store. In addition, your password is stored in a format which we cannot decode or recreate.

To link Google Assistant to the Device, you will be required to either create a new account, or log into a pre-existing account, with the Voice Services themselves (“Voice Services Account” or “VIDAA Account"). Your Voice Services Account may also provide us with the email address that you use to log into the Voice Services Account, which email address we store and display on the Device to ensure you know which Voice Services Account is linked to the Device, but which email address we do not store or use otherwise.

We also briefly collect (but do not store) the Voice Commands submitted by you to forward to the Voices Services for processing. The results of this processing by the Voice Services (“Voice Results”) are sent back to the Device for execution of the Voice Commands. we do not store the Voice Results.

1. GRANT OF LICENSE

As between you and us, we own all right, title, and interest in and to our owned Application, and each respective Voice Services provider owns all right, title and interest in and to their respective third-party services, including, without limitation, all applicable intellectual property rights or other proprietary rights in the Voice Services throughout the world, regardless of whether registered or legally secured. Subject to the respective license agreements between us and the respective third-party Voice Services provider, and your full compliance with these Terms and Conditions, we grant to you a non-exclusive, limited, non-transferable and personal license (without the ability to sublicense) to download and/or use the Voice Services available in your Device only. No other rights to the Voice Services are granted. The scope of rights for Voice Services shall be subject to the terms and conditions of the respective Voice Services provider’s licensing requirement and restrictions. All rights including intellectual property rights in the Voice Services remain our property or that of the relevant licensors or owners of the Voice Services provider. Any breach of these Terms and Conditions will result in the revocation of the rights granted herein in whole or in part, and we or the respective owners of the Voice Services provider may conduct further legal action if necessary.

1. USE RESTRICTIONS AND PROHIBITIONS

You may not use any portion of the Voice Services for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post, upload, transmit or disseminate any obscene, unreasonably offensive or any other unlawful material, or any information that may negatively impact our reputation, goodwill and/or the Voice Services, nor for any commercial purposes. Except as expressly permitted by these Terms and Conditions, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer and/or tamper with the Voice Services, or transmit hidden or malicious code or to collect information of other users through the Voice Services. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any Voice Services, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any service provider to do so. You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through the Voice Services or its servers or to unreasonably affect others' enjoyment of the Voice Services in any way. You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Device; 2) the Voice Services, or any other systems or networks connected to the Device; 3) the Voice Services or to any our controlled server; or 4) to any of the Applications, Materials, or other services offered on or through the Voice Services.

WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE VOICE SERVICES IN OUR SOLE DISCRETION FOR ANY REASON AND AT ANY TIME AND WITHOUT FURTHER NOTICE TO YOU.

1. CONTENT PROVIDED BY YOU OR OTHER USERS

Any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Voice Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws and regulations. We also reserve the right to disclose your information as necessary to any service provider who claims that any Submitted Content constitutes an infringement of service provider intellectual property rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting Submitted Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable license to use, modify, change, copy, disclose, license, perform, display, post, publish, distribute, transmit or otherwise use such Submitted Content in any manner, create derivative works thereof or incorporate the Submitted Consent into other work anywhere in the world. We have the right to remove any Submitted Content for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent or objectionable.

We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any service provider intellectual property rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit, or otherwise make available in any portion of the Voice Services. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on or through your Device or the Voice Services. We reserve the right to remove Submitted Content that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws.

1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

To learn about how we protect and handle your personal information and other information when you use the Voice Services, visit our Privacy Policy.

1. WARRANTIES AND LIABILITIES

TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICE, THE QUALITY, PERFORMANCE AND ACCURACY OF VOICE SERVICES USED OR ACCESSED ON THE DEVICE IS SOLELY THE RESPONSIBILITY OF YOU. TO THE EXTENT PERMITTED BY LAW, UNLESS OTHERWISE PROVIDED FOR BY US IN THE DEVICE WARRANTY CARD, THE DEVICE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES, TERMS, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO, BUT NOT LIMITED TO, THEIR QUALITY, RELIABILITY, PERFORMANCE, PURPOSE, OR ACCURACY.

YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF US, OUR DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS OF USE, EXCEPT FOR THE SITUATION DESCRIBED UNDER PARAGRAPH (E), INCLUDING LIABIILTY RELATING TO THE APPLICATION AND YOUR USE THEREOF, SHALL NOT EXCEED £10. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF WE, OUR DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. IF SUCH CLAUSES ARE PROHIBITED PURSUANT TO MANDATORY CONSUMER LAWS OF YOUR COUNTRY OF RESIDENCE, THIS LIMITATION OF LIABILITY WILL NOT APPLY TO YOU.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO ANY SERVICE PROVIDER VOICE SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF SERVICE PROVIDER RIGHTS. WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY SERVICE PROVIDER VOICE SERVICES MADE AVAILABLE THROUGH THE DEVICE AND DO NOT WARRANT THAT THE VOICE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL VOICE SERVICES, OR THAT OPERATION OF THE DEVICE OR VOICE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU AGREE TO ASSUME ALL RISKS OF USING THE VOICE SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY'S FEES ARISING FROM THE USE OF THE VOICE SERVICES AND/OR MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD-PARTY VOICE SERVICES THAT MAY BE ACCESSED THROUGH THE DEVICE OR APPLICATION(S), NOR SHALL WE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE APPLICATIONS OR OUR DEVICE BY THIRD PARTIES. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE VOICE SERVICES AND DO NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH VOICE SERVICES. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE VOICE SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE VOICE SERVICES OFFERED VIA THE DEVICE OR APPLICATION(S), CERTAIN FEATURES AND/OR VOICE SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME. SOME FEATURES ON THE VOICE SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY. WE DO NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE VOICE SERVICES AND/OR MATERIALS.

WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY VOICE SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE DEVICE, OR ANY VOICE SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE VOICE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE VOICE SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS. IF ANY PORTION OF THESE TERMS AND CONDITIONS ARE ILLEGAL OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THESE TERMS AND CONDITIONS, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THESE TERMS AND CONDITIONS MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.

1. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DEVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DEVICE, APPLICATION, CONTENT, SUBMITTED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR SUBMITTED CONTENT) OR OUR LICENSORS.

1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Device and/or Voice Services, including, but not limited to, your Submitted Content, and any use of the Materials, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained through the Device.

1. GOVERNING LAW AND JURISDICTION

To the extent permitted by law, these Terms and Conditions shall be governed by the laws of the State of Georgia, USA and by accepting these Terms and Conditions, and by your use of the Voice Services, you are agreeing that such Terms and Conditions and all other aspects of the Voice Services will be construed in all respects in accordance with the laws of the State of Georgia, USA, and you agree to submit to the non-exclusive jurisdiction of the courts of Gwinnett County, State of Georgia, USA.

1. ARBITRATION AND CLASS ACTION WAIVER

At our sole discretion, and to the extent permitted by law, we may require you to submit any disputes arising from compliance with these Terms and Conditions or the use of the Voice Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying laws of the State of Georgia, USA.

Where permitted under applicable law, you and us agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we both agree, no judge or arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative of class proceeding.

1. ACTIONS REQUIRED BY LAW

We may need to comply with the lawful interception and/or data retention requirements of local law enforcement agencies from time to time. We may restrict access to any part of the Voice Services and the Device or terminate your access to the Voice Services, at any time in our sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.

1. COPYRIGHT INFRINGEMENT

If you believe that any of the Voice Services or any Materials violate your copyright, please contact us for instructions by sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

1. ASSIGNMENT OR TRANSFER

You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which is personal to you, or any of your rights or obligations arising under these Terms and Conditions without our prior written consent.

1. WAIVER AND SEVERABILITY

No waiver of by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any our failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

1. ENTIRE AGREEMENT

These Terms and Conditions constitute the sole and entire agreement between you and us with respect to your use of the Device and/or the Voice Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Device and/or the Voice Services.

1. CHANGES TO END USER TERMS AND CONDITIONS

We may revise and update these End User Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them at this page, and apply to all access to and use of the Device and the Voice Services thereafter.

Your continued use of the Device and the Voice Services following the posting of revised End User Terms and Conditions means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

1. CONTACTING YOU

We may provide you with notices (including notices relating to changes to these Terms and Conditions or termination of the Voice Services or parts thereof) by email, ordinary mail, or postings on or via the Device or Voice Services.

1. CONTACTING US

Please direct any additional questions you may have regarding these Terms and Conditions to us via email at gjyxinfo@hisense.com.