Modifications to these terms
ThunderTiger may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes.
Changes to this website
In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that ThunderTiger makes such changes, these Terms shall apply to the new services and to any changes to existing services.
Our shopping cart and checkout pages may have the look and feel of being on www.ThunderTiger.com, however the information that you submit on these pages is collected by our payment processor and not collected by ThunderTiger. Our payment processor is authorized to collect and use the submitted information only for the purposes of providing this service.
We recommend you read the privacy statement of our payment processor, viewable where your information is collected.
To use certain parts of this Website, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ThunderTiger immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ThunderTiger or any other user of or visitor to this Website due to the use of your ThunderTiger ID, password, or account by another person.
You may not use anyone else’s ThunderTiger ID, password, or account at any time without the express permission and consent of the holder of that ThunderTiger ID, password, or account. ThunderTiger cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Support Forums, Blogs and Ratings & Reviews
ThunderTiger has created support community areas, in the English language (at this time), so you can share your experiences, ask and/or answer questions, share reviews of ThunderTiger products and services, and more (collectively referred to as “ Online Communities”). We appreciate that ThunderTiger’s Online Communities reflect the diversity of its users and is an interesting place to share, learn, and interact. In keeping with this spirit of community, we have a core set of principles and guidelines in English that must be followed by all members, participants, content contributors and users.
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by ThunderTiger. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), ThunderTiger hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.
Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ThunderTiger and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without ThunderTiger’s express prior written consent.
Posting of user content
Certain areas of this Website may allow you to post content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third party rights.
ThunderTiger does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant ThunderTiger, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. In addition to Your Content, we encourage you to provide us with feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to this Website, ThunderTiger products and/or services, and that ThunderTiger will own all intellectual property that we create based upon or incorporating your feedback.
No unlawful or prohibited use
While using this Website, you may NOT do the following:
- Restrict or inhibit any other user from using and enjoying this Website
- Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind
Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations
- Use the “ThunderTiger” names, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with ThunderTiger
- Pretend that you are, or that you represent, someone else or impersonate any other person or entity
- Invade the privacy or violate any personal or proprietary right of any person or entity
- Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by ThunderTiger), or engage in spamming, phishing, or denial of service attacks
- Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
- Use the Website to generate traffic for other sites
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity
- Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder
- Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without ThunderTiger’s prior written consent, as this Website is protected under U.S. and international copyright laws
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or ThunderTiger’s systems or networks, or any systems or networks connected to this Website or to ThunderTiger
- Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ThunderTiger on or through this Website or any service offered on or through this Website
- Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
- Post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component
- Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element
Links to third party websites and services
In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of ThunderTiger. ThunderTiger is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. ThunderTiger is providing these links to you only as a convenience, and the inclusion of any link does not imply that ThunderTiger endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.
In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by ThunderTiger. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not ThunderTiger, is responsible for the performance of the third-party services or products.
No duty to monitor
ThunderTiger shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, ThunderTiger is not responsible for any failure or delay in removing content.
Procedure for making claims of copyright infringement
At ThunderTiger, we respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide ThunderTiger’s copyright agent with the following information:
- A full description of the copyrighted work or other intellectual property that you claim has been infringed
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of where the material that you claim is infringing is located on this Website
- Your name, address, telephone number, and e-mail address
- 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
- A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf
ThunderTiger’s agent can be reached through any of the contacts listed below:
In the Taiwan
No.7, Gongyecyu 6th Rd., Situn Dist., Taichung City 40755, Taiwan (R.O.C.)
Thunder Tiger Europe GmbH
Inquiries that are not relevant to the claim of copyright infringement will not receive a response.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND ThunderTiger AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ThunderTiger DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. ThunderTiger AND ITS SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. ThunderTiger CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, ThunderTiger IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY ThunderTiger, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ThunderTiger (OR ThunderTiger’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF ThunderTiger HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL ThunderTiger’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO ThunderTiger DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
You shall indemnify, defend, and hold harmless ThunderTiger, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions arising out of your use of this Website. ThunderTiger reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.
Disclosure of use
ThunderTiger reserves the right at all times to disclose any information that ThunderTiger deems necessary to comply with any applicable law, regulation, legal process, or governmental request. ThunderTiger may also disclose your information when ThunderTiger determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
These Terms and your use of this Website will be governed by the laws of the United States and by the laws of the State of California, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Santa Clara County, California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.
ThunderTiger may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of ThunderTiger to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and ThunderTiger regarding this subject matter, and they govern your use of this Website. The failure of ThunderTiger to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.