Terms of Service

This Terms of Conditions has been posted and is effective as of 1st November, 2012.
When using a particular Power-All owned or operated service, you hereby agree to be bound by the following Terms and Conditions.

“Agreement" means these terms and conditions together with all applicable policies, procedures and/or guidelines, including without limitation the privacy notice, that appear on the mygrid.asia website from time to time, which are hereby incorporated by this reference into, and made part of, this Agreement.

"Power-All", “cloudwww”, “we” or “us” means Power-All Networks Ltd. "Power-All Cloud Aspen Services" is a set of services and applications that enables the integration of online storage and media services into third party applications ("Applications"). The term "Power-All Properties" includes any data, images, text, and content, APIs, tools or other information or materials provided by Power-All through or in Power-All Cloud Services and Applications including any beta or test applications, services, and features. This Agreement applies to all Power-All Properties or customer support packages that you sign up for (each a "Service") each as further described on the applicable Service Detail Page. Power-All Cloud Services can be accessed through REST. Both of these methods return "structured responses." All information you receive from Power-All, and your use of it, is subject to the terms and conditions of this Agreement.

"Content" means any content, data, software, applications, materials, technology or other information that you or your customers’ store (whether owned or provided by you, your customers or any third party) using the Power-All Properties or otherwise make available to Power-All or to third parties in connection with your use of such Service and Applications. POWER-ALL reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.


  1. PARTICIPATION

    You may use the Power-All Properties in accordance with the terms and conditions described in this Agreement.

    General

    1. You may interface with the Power-All Properties using any of the reference applications located in the Power-All Developer’s Zone.
    2. You may write an application that interfaces with Power-All Properties (your “Application”).
      You must comply with the terms of the Power-All Cloud Services API Developer Guide, as posted by us and updated by us from time to time on the Power-All Website, including, without limitation, any limitations described in the Power-All Cloud Services API Developer Guide.
    3. You may use Power-All Properties to store, process and retrieve Content. You acknowledge that neither Power-All nor its affiliates are responsible in any manner, and you are solely responsible, for Content. While we may track information regarding your usage of Power-All Properties, we will not disclose, sell or license Content, except as may be necessary to comply with subpoenas, court orders, or other legal requirements.
    4. You are responsible for complying, and you represent, warrant and covenant that you will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You may not, and represent, warrant and covenant that you will not, nor will you allow or enable any third party to, use Power-All Properties or your Application:
      1. In a manner that infringes, violates or misappropriates any third party’s intellectual property rights;
      2. To engage in spamming or other impermissible advertising or marketing activities, or in any manner that otherwise violates anti-spamming laws and regulations;
      3. In a way that is otherwise illegal or promotes illegal activities, including without limitation in any manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age. You further represent and warrant that Content is not obscene, libelous, defamatory or otherwise malicious or harmful to any person or entity.
    5. You may not, nor will you allow or enable any third party to, interfere or attempt to interfere in any manner with the functionality or proper working of Power-All Properties.
    6. You agree to provide such additional information and/or other materials related to your Application as reasonably requested by us to verify your compliance with this Agreement.
    7. If your Application is determined (for any reason or no reason at all, in our sole discretion) to be unsuitable for Power-All Cloud Services, we may suspend your access to Power-All Properties or terminate this Agreement at any time, without notice.

  2. SERVICE FEES

    Power-All currently charges for Services at the rates and on the terms set forth on the Service Detail Page for such Service. In consideration of your use of the Services, you agree to pay the amounts set forth on the applicable Service Detail Page. Any and all fees payable by you pursuant to this Agreement are expressed exclusive of sales, use, value-added (“VAT”) or import taxes, customs duties or similar taxes that may be assessed by any state and/or jurisdiction (collectively, "Taxes"). In addition to such fees payable, you will pay any Taxes that Power-All is legally required to charge on the applicable fees under this Agreement. If requested to do so by Power-All, or as otherwise required by applicable law, you will supply your VAT identification number to Power-All. We may change the fees or fee structure for any Service, as reflected in the applicable Service Detail Page, and you will not have any obligation to continue such Service.

  3. OWNERSHIP

    The Power-All Properties are protected by copyright, trademark, patent, trade secret, and other laws. In no event may you reverse engineer or copy Power-All Properties unless Power-All provides express permission to do so. In the case of breach of stated reverse engineering or copying protection, Power-All retains the right to pursue all claims and damages resulting from such an act. You retain all intellectual property rights you may have in the Applications you create which are based on or utilize Power-All Properties (subject to Power-All's underlying ownership rights in Power-All Properties). You hereby release and covenant not to sue Power-All or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims: (i) pertaining to your Applications, or any intellectual property you develop that is based on, uses, or relates to Power-All Properties; and/or (ii) which otherwise may arise in connection with your use of, reliance on, or reference to Power-All Properties. Power-All, our affiliates and our applicable licensors retain all intellectual property rights (including all worldwide patent, trademark, copyright, and other proprietary rights) in and to Power-All Properties, and any derivative works of the Power-All Properties, including without limitation those created by or for Power-All pursuant to any Beta Test program outlined in Section 6 below. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED BY POWER-ALL, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS.

    We disclaim all liability, and you will be solely responsible for, the development, operation, and maintenance of your Application and for all materials that appear on or within your Application. We further disclaim all liability for any failure of your application to interface with the Power-All Properties for any reason.

  4. IDENTIFYING YOURSELF AS A USER OF POWER-ALL PROPERTIES AND USE OF POWER-ALL TRADEMARKS

    You may generally publicize your use of Power-All Properties, however you may not issue any press release with respect to Power-All Properties or this Agreement without our prior written consent. We may make available to you certain small graphic images, trademarks, trade names, service marks or logos owned or licensed by Power-All or its affiliates ("Marks") that you may use for the purpose of indicating that your Application was creating using Power-All Properties. You may not use the Marks in any manner that disparages Power-All, its affiliates or its licensors, or that otherwise dilutes the Mark. Other than your limited right to use the Marks as provided in this Agreement, Power-All retains all right, title and interest in and to the Marks. You will not at any time now or in the future challenge or assist others to challenge the validity of the Marks, or attempt to register confusingly similar trademarks, trade names, service marks or logos. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks. Other than as specified in this Agreement, you may not use any trademark, service mark, trade name or other business identifier of Power-All or its affiliates or third parties that sell products on the Power-All Website unless you obtain Power-All's and any applicable third party's prior written consent. The foregoing prohibition includes the use of "Power-All," any other trademark of Power-All or its affiliates, or variations or misspellings of any of them, in the name of an Application or in a URL to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as "mygrid.mydomain.com" or "mygridyx.com" are expressly prohibited. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or state or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by statement or implying that Power-All, its affiliates or any third party that sells any products or services on the Power-All Website supports, sponsors, endorses, or contributes money to you or your business endeavors).

  5. ACCOUNT IDENTIFIERS

    Unless otherwise stated on a specific Service Detail Page, you may only create one account per email address. Your account is not transferable to any person or entity. Power-All Properties accounts may be associated with one or more Access ID/Secret Access Key, which are used to access the Power-All Properties. When you complete the account creation process, you will be issued unique Access ID, and Secret Access Key to your account. Access ID (i) identify your account and (ii) allow you to make requests to Power-All Properties. The Secret Access Key is immutable and will always uniquely identify your Power-All Properties account. Access ID/Secret Access Key pairs are unique to your account and are subject to change. You are responsible for maintaining the secrecy of your access keys granted by Power-All. You are fully responsible for all activities that occur under your Access ID. Therefore, you should contact Power-All immediately if you believe a third party may be using your application key, or if your application key is otherwise lost or stolen. You are responsible for maintaining up-to-date and accurate information (including without limitation valid contact information) with respect to Your Power-All Properties account. Power-All is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any Content or other data which you submit in connection with your account.

  6. BETA TESTING

    From time to time Power-All may conduct open beta tests (each a "Beta Test") of new versions of Power-All Properties (each a "Beta Test Product"). If you choose to register for or participate in a Beta Test, your participation is subject to the following additional terms:

    1. You may interface with the Power-All Properties using any of the reference applications located in the Power-All Developer’s Zone.
    2. You may write an application that interfaces with Power-All Properties (your “Application”).
      You must comply with the terms of the Power-All Cloud Services API Developer Guide, as posted by us and updated by us from time to time on the Power-All Website, including, without limitation, any limitations described in the Power-All Cloud Services API Developer Guide.
    3. You may use Power-All Properties to store, process and retrieve Content. You acknowledge that neither Power-All nor its affiliates are responsible in any manner, and you are solely responsible, for Content. While we may track information regarding your usage of Power-All Properties, we will not disclose, sell or license Content, except as may be necessary to comply with subpoenas, court orders, or other legal requirements.
    4. You are responsible for complying, and you represent, warrant and covenant that you will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You may not, and represent, warrant and covenant that you will not, nor will you allow or enable any third party to, use Power-All Properties or your Application:
  7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    POWER-ALL PROPERTIES ARE PROVIDED BY POWER-ALL ON AN "AS IS" AND "AS AVAILABLE" BASIS. POWER-ALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO POWER-ALL PROPERTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF POWER-ALL PROPERTIES IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, POWER-ALL DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. POWER-ALL DOES NOT WARRANT THAT POWER-ALL PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE DATA YOU STORE IN ANY SERVICE ACCOUNT WILL NOT BE LOST OR DAMAGED.

    POWER-ALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, POWER-ALL PROPERTIES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA, BUSINESS OR ANTICIPATED PROFITS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

    THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIMIT POWER-ALL'S LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF POWER-ALL OR OF ITS EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES.

  8. NDEMNIFICATION

    You agree to indemnify, and hold harmless Power-All and its affiliates and licensors, and each of their respective employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") which in any way arise out of or are related to: (i) your use or your customer’s use of Power-All Properties; or (ii) your Application or Content, including but not limited to any infringement of any third-party rights; and (iii) your violation of any term or condition of this Agreement. At Power-All's option, you will assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, Power-All may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you may not settle any such Claim without Power-All's prior written consent).

  9. APPLICABLE LAW AND ARBITRATION

    By using Power-All Properties, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Power-All. Any dispute relating in any way to your use of Power-All Properties will be submitted to confidential arbitration in San Diego, California, except that in any case, we may seek injunctive or other appropriate relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Power-All's or any third party's intellectual property and/or proprietary rights (and you hereby irrevocably consent to nonexclusive jurisdiction and venue of the state and federal courts of California with respect to any such matters). Arbitration under this Agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

  10. TERMINATION

    You may terminate this Agreement by deleting all Content and ceasing to use Power-All Cloud Services. We reserve the right to terminate this Agreement (and/or your account) or your access to any individual or all Services provided under this Agreement, and to delete Content or Applications: (i) if you breach any term or condition in this Agreement and you do not cure such breach to our satisfaction within thirty (30) days after we give you notice of the breach; or (ii) immediately if we are compelled by court order or otherwise discover any use of Power-All Properties by you that in our reasonable discretion presents a security risk or that might be the subject of a legal claim or dispute. We further reserve the right to discontinue Power-All Properties, any Services, or any portion or feature thereof for any reason and at any time in our sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop your use of the applicable Service. Sections 3, 5, 7 - 11, any definitions that are necessary to give effect to the foregoing provisions, and any payment obligations will survive any termination of this Agreement and will continue to bind you and us in accordance with their terms.

  11. GENERAL PROVISIONS

    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Power-All Website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING POWER-ALL PROPERTIES OR THE APPLICABLE SERVICE(S). YOUR CONTINUED USE OF POWER-ALL PROPERTIES OR THE APPLICABLE SERVICE(S) FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. No modification of this Agreement other than as provided above will be binding on Power-All unless set forth in a writing signed by both parties. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Power-All's request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect. The failure by Power-All to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of Power-All to enforce such provision thereafter. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. This Agreement, and policies and guidelines posted on the Power-All Website, constitutes the entire agreement between you and Power-All regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Power-All, whether written or oral, regarding such subject matter. Nothing in this Agreement is intended to or does create any type of joint venture, partnership or employer/employee relationship between you and Power-All or its affiliates. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

  12. EXPORT CONTROLS

    You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of any Service. Specifically, you acknowledge and understand that Content that you upload, store, manage, or transfer using Power-All Properties may be subject to U.S. export control laws and regulations. You hereby certify that you will not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any Content to any country (or national thereof) without obtaining any required prior authorizations from the appropriate government authorities.

    You may not use any Service (i) to transfer any item to parties who are in U.S. sanctioned countries or identified on restricted government lists, including the Denied Persons List, the List of Specially Designated Nationals, or the Entity List, or (ii) for any military, nuclear, chemical, or biological weaponry use.

  13. COMMUNICATIONS

    For any questions regarding this Agreement or Power-All Properties, you can contact us at newgen@powerallnetworks.com.

    Our Office:

    Hong Kong (Headquarter) BEIJING SHENZHEN
    Unit 540 & 541, 5/F, Enterprise Place,
    No. 5 Science Park West Avenue,
    Hong Kong Science Park, Shatin,
    Hong Kong
    Rm 111. Bldg. 2,
    North Shore 1292 Community,
    Guanzhuang, Chaoyang dist.,
    Beijing. 100024
    Unit 1001-1003, 10/F,
    Zhenye International Business Center,
    Qianhai Road, Nanshan district, Shenzhen,
    518052 PRC
    USA MALAYSIA  
    Los Angeles CA USA
    909 N. Sepulveda Blvd.
    Suite 540, El Segundo, CA 90245
    USA
    Suite 16.08, Level 16, Plaza 138,
    Jalan Ampang 50450 Kuala Lumpur,
    Malaysia
     

    © Power-All Networks Ltd. This Agreement was last updated on 22nd July, 2014.