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Appendix C
Conditions will result in an immediate revocation of the rights granted herein and Hisense may engage
in further legal action to protect any of its rights hereunder including but not limited to the recovery of
monetary damages.
MATERIALS PROVIDED BY YOU
Any Content submitted, uploaded or posted by you or on behalf of you on or through your Hisense
device or HISMART@ Services (“Submitted Content”) will be considered non-confidential and non-
proprietary. We also have the right to disclose your information as necessary due to any third party
who is claiming that any of your Submitted Content constitutes a violation of their intellectual
property rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting
Submitted Content in any way via your Hisense device, you grant us a perpetual, irrevocable,
unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable license to change,
copy, disclose, license, perform, display, post, publish, distribute, transmit or use such Submitted
Content in any manner and 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 on HISMART@
Services for any reason including if, in our sole opinion, such Submitted Content is unnecessary,
oensive, 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 third party 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 HISMART@ 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 your behalf or through your Hisense device or
HISMART@ Services.
ADVERTISEMENTS AND CUSTOMER SERVICE COMMUNICATIONS
You understand and agree that HISMART@ Services may include advertisements, certain
communications from Hisense or third parties such as update announcements, administrative
messages, newsletters and other materials (“Communications”). As those advertisements
or communications are part of HISMART@ Services, you may not opt out of receiving these
advertisements or communications. Certain Services and Content may not be suitable for minors or
other users. Such Services and Content may not be rated or identified as having violent or explicit
images or language. Therefore, you understand and agree that you are using the Services and Content
at your own risk and Hisense shall have no liability to you for any oensive Services or Content. For
purposes of clarity none of your behavioral or personal information provided for the HISMART@
Services is used in any Communications.
WARRANTIES AND LIABILITIES: DISCLAIMER
TO THE EXTENT PERMITTED BY LAW, THE APPLICATION, CONTENT AND SERVICE ARE PROVIDED TO
YOU “AS IS” WITHOUT ANY WARRANTIES, TERMS, REPRESENTATIONS OR UNDERTAKINGS OF ANY
KIND, EXPRESS OR IMPLIED, WITH REGARD TO BUT NOT LIMITED TO THEIR QUALITY, RELIABILITY,
PERFORMANCE, PURPOSE, OR ACCURACY. YOU AGREE TO ASSUME ALL RISKS OF USING THE
APPLICATION, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD HISENSE OR ANY OF
ITS 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 APPLICATION, CONTENT OR SERVICE. To the fullest extent permitted by law,
Hisense shall not be held responsible for any third party Content or Service that may be accessed
through HISMART@ Services, nor shall Hisense be held responsible for hidden or malicious code
contained on or distributed through the HISMART@ Services or Hisense device by third parties.
Hisense does not guarantee that there will be no interruptions, delays or inaccuracies in the Content
or Service and does not guarantee the continued availability of such Content and Service. Due to the