Terms of Service
1. Acceptance of Terms.
The following are the current terms and conditions for use of this Program and Service. The Service is provided only to users who become ROG Elite Rewards Program Members (“Member” as such terms are defined below) at https://rogarena.com/rewards/. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service).
The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with ASUS (now or in the future) regarding any Service (Other Agreements). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
As an eligible Member, you must be at least considered an adult by the laws of the state, country or region where you reside in (whichever law is the most stringent) to visit the Program and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. ASUS will not collect personal data from any person through the Service that is actually known to us to be a child under the age of an adult by the laws of the state, country or region where you reside in (whichever law is the most stringent).
ASUS may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each user must complete the registration process at https://rogarena.com/rewards/ by providing ASUS with current, complete and accurate information, as more specifically required by the then current registration procedures.
Prospective Members may be required to provide their email address, country/region and age (now only requested in some countries) when you sign up for this Member account (“Member Account”). If you use your social media account to sign up for Member Account, such social media provider may share your personal data under your social media account based on your consent. ASUS may refuse to accept any user’s application to register as a Member, in its sole discretion.
5. Rewards Program.
The Service may include one or more programs (the Rewards Program) where Members can accumulate and redeem loyalty rewards Credits (or Points), on an individual basis and solely for their own Member Account. The Rewards Program may be structured to offer certain benefits based on the Member’s current balance of “redeemable” Points (that is, Points that have not previously been redeemed) or “lifetime” Points (that is, all prior Points accumulated by Member, whether previously redeemed or not).
From time to time, ASUS may establish (at its sole discretion) loyalty criteria pursuant to which Member’s may “earn” Points (such as, for example: by registering for this Service; by sharing Member Content at the Program; by engaging in certain specified activities like visiting or watching videos; by engaging in certain specified activities related to social networks).
Once you register for the Program, if you do not take any action to earn points within your Member Account within twelve (12) months from your last activity, ASUS shall expire your accrued but unused Redeemable Points on or after the last day of your last activity. ASUS may, at its discretion, send you periodic notifications to remind you that your Redeemable points will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Member Account and points status. Please note that earning points for monthly Twitter or Instagram followership will not deem you as active.
From time to time, ASUS may offer benefits or privileges to Members in exchange for redemption of a specified number of Member’s Credits. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by ASUS and are subject to change.
Member acknowledges and agrees that:
- Points have no “real world” or cash value.
- Points have no purpose or use except in exchange for benefits or privileges (if any) offered by ASUS via the Service.
- Redemption offers may be time-limited or available only in limited quantities.
- Points may only be used at the Program to which they apply and, therefore, cannot be redeemed at or transferred to Member’s account at any other Program.
- Member’s Points cannot be redeemed by, or sold or otherwise transferred to, any other Member of this Program.
- Upon termination of Member’s registration for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by Member.
- ASUS’s ability to accurately credit Points to Member’s account based on Member’s activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements as established and intended by ASUS, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
- ASUS’s good faith determination of the amount of Points available to any Member hereunder shall be final and binding.
Except as expressly provided otherwise in the Terms of Service, ASUS and each Member is solely responsible for all of its costs and expenses related to the Program and Service by different territories and countries.
ASUS determines whether (and how much) Members will be charged to access the Program and use the Service by different territories and countries. In the case of any Program and Service that are initially made available without charge, ASUS may later decide to charge for accessing or using some or all of the features of the Program and Service. In the case of any Program or Service where a subscription or other fee is charged, ASUS may later decide to change the price of that fee. Members will be notified of fee changes by postings in the Program or by email. Member hereby agrees to pay all applicable fees for Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by ASUS.
7. Member Rules and Conduct.
The Service is provided to Members only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the Member is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its Member Account, username or password, including Member Content posted to or transmitted via the Service.
As a condition of use, each Member hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by ASUS. Member agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each Member agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any Member Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Service or any Other Agreement;
- infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
- reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
- imposes an unreasonable or disproportionately large load on ASUS’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of ASUS or any third party;
- creates Member accounts by any automated means or under false or misleading pretenses;
- harvests, scrapes or collects any information from the Program;
- uses a product serial number for product purchase verification that is not of a product they currently possess for personal use;
- disguises the source of Member Content posted by Member; or
- impersonates any person or entity, including any employee or representative of ASUS, or other Program Affiliate.
Members shall perform all of their obligations in respect of any Rewards Program transaction entered into in connection with using the Service.
ASUS may, at its sole discretion, immediately suspend or terminate any Member’s access to the Service should their conduct fail (or appear to fail) to strictly conform to any provision of this section.
ASUS reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
ASUS and its agents have the right, at their sole discretion, to remove at any time any Member Content that, in ASUS’s judgment, does not comply with any applicable law, the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. ASUS is not responsible for any failure or delay in removing any such content.
Member shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
9. Third Party Sites.
The Service may permit Members to access the Program from and to link from the Program to other websites on the Internet, including without limitation, the third party website. These other websites are not under ASUS’s control, and Member acknowledges and agrees that ASUS is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by ASUS or any association with its operators. Additional or different terms and conditions may apply when Members are accessing and using such other websites.
10. Participation in Promotions of Affiliates.
Any dealings by Members with advertisers, vendors and other third parties (collectively, Program Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the Member and Program Affiliate or other third party. ASUS is not responsible or liable for any part of any such dealings or promotions.
11. Proprietary Rights.
Member acknowledges and agrees that the Program, Service and all content and materials created by or for ASUS and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and ASUS (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by ASUS, each Member agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program, Service or such content and materials. However, unless the Service otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Program for the Member’s personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Program by any Member to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without ASUS’s express prior written permission.
If Member desires to make any use of any Program content for any purpose other than personal, noncommercial reference, then Member shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Program for any other purpose is strictly prohibited without ASUS’s express prior written permission. Attempting to access or use the Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
12. License to ASUS.
By uploading, posting, submitting or otherwise distributing Member Content of any kind to the Program, each Member hereby:
- grants and agrees to grant to ASUS and its affiliates a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the Member Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Program and Service (including without limitation, being exported under content sharing arrangements with other websites); and
- represents and warrants that all Member Content includes appropriate attribution to the copyright owner; and
- represents and warrants to ASUS that Member owns or otherwise controls all rights to such Member Content and that public disclosure and use of the Member Content by ASUS (including without limitation, publishing content at the Program) will not infringe or violate the rights of any third party; and
- acknowledges and agrees that the Member Content is intended to and will be made available to, and used by ASUS and other Members.
Member agrees that he or she will not contribute any Member Content unless Member has all of the rights (including rights from the copyright owner) necessary to grant ASUS the use license, and to satisfy all of the warranty requirements, described above.
Notwithstanding the foregoing, the Service may provide each Member with the ability to remove some or all of the Member Content posted to the Program by such Member. Following any such removal, ASUS will use commercially reasonable efforts to discontinue any further display, performance and distribution of such Member Content by ASUS at the Program; provided, however, Member acknowledges and agrees that ASUS may continue using such Member Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that ASUS shall have no responsibility or liability in respect of any content that has been exported by ASUS or shared with other Members via the Service or that has been downloaded or copied by Members to other websites, systems and devices.
ASUS may terminate any Member’s access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and Member Account, Member may do so at any time by applying a request through “Customer’s request on personal data” interface at https://www.asus.com/support/privacydata, or by sending an email to firstname.lastname@example.org. ASUS may terminate the Service, in whole or in part, at any time.
Upon any termination, all rights and obligations of the parties shall cease and Member shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 10 – 20 shall survive. After termination, ASUS has no obligation to maintain any content in Member Account (including without limitation, records regarding Member’s Credits, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other Member or third party.
Except for termination of Member Account, If Members have any other questions about this Service, please send an email detailing the issue to email@example.com.
14. Disclaimer of All Warranties.
THE PROGRAM AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ASUS AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. MEMBER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
15. Limitation of Liability.
Member agrees that neither ASUS shall not be responsible or liable for any unauthorized access to, alteration or use of Member Account, transmissions or data, any material or data sent or received or not sent or received through the Service. Member agrees that neither ASUS is responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.
IN NO EVENT SHALL ASUS OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO ASUS BY MEMBER (AND RETAINED BY ASUS HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF ASUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Member agrees to (a) defend ASUS and their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of any transaction with other Program Affiliate or other Member in which Member is involved, Member’s use or misuse of the Service, or Member’s breach of any of its representations, warranties or covenants under the Terms of Service and (b) indemnify ASUS for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. ASUS as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event Member will assist and cooperate with ASUS in asserting any available defenses.
17. International Use.
ASUS makes no representation that the Service is appropriate or legally available for use in locations accessing and using the Service is prohibited from territories where doing so would be illegal. Members that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
18. Integration and Severability.
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between Member and ASUS with respect to the Service and use of the Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Member and ASUS with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
19. General Provisions.
Member’s rights and obligations under the Terms of Service are personal to Member, and are not assignable, transferable or subject to sublicense by Member except with ASUS’s prior written consent. ASUS may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
20. Copyright and Trademark Notices.
ASUS is the trademark of ASUS. The names and logos used in connection with the Program are the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.