TermWiki: Terms of use

In these Terms, "we", "us", "its" and "our" refer to CSOFT International Limited ("CSOFT"), and "you" and "your" refer to you, the user. This legal notice applies to the entire contents of the Website, including without limitation all information, text, graphics, sounds, music, video, interactive features, images or other materials uploaded, downloaded or appearing on the Website (collectively, the "Materials"), located at the URL http://www.termwiki.com/ ("Website"), and to any correspondence by email between us and you.

Please read these Terms carefully before using the Website. Use of the Website indicates that you are eighteen years of age (or older) and accept these Terms regardless of whether or not you choose to register with us. If you are not eighteen years of age (or older) or do not accept these Terms, do not use the Website. CSOFT reserves the right to update and amend these Terms from time to time in its sole discretion. Updates and amendments to these Terms will be made accessible at the URL where such Terms first appeared. You should periodically review the most recent version of the Terms. Use of the Website after revision of the Terms constitutes acceptance of any changes.

You are solely responsible for your use of the Website, for any Materials you post to the Website, and for any consequences of posting or publishing them. The Materials you submit, post, or display will be viewable by other users of the Website and through third party services, tools, websites and other channels. You should only post Materials that you are comfortable sharing with others under these Terms. What you post on TermWiki.com may be viewed around the world instantly.

You may use the Website only if you can form a binding contract with CSOFT and are not a person barred from using such websites under the laws of the applicable jurisdiction. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Website will continue to evolve and its form and nature may change from time to time without prior notice to you. In addition, CSOFT may stop (permanently or temporarily) operation of the Website (or any features within the Webste) to you or to other users without providing you with prior notice. We also reserve the right to impose limits on use and storage at our sole discretion at any time without prior notice to you.

The Website may include advertisements, which may be targeted to the Materials or information on the Website, or content export by CSOFT for other 3rd party use. The types and extent of advertising or other use by CSOFT on the Materials are subject to change. In consideration for CSOFT granting you access to and use of the Webiste, you agree that CSOFT and its third party providers and partners may place such advertising on the Website, download or use the content for other services, or in connection with the display of Materials or information from the Website whether submitted by you or others.

Privacy

Your use of the Website and any information you provide to us through it is governed by the CSOFT Privacy Policy available at http://www.csoftintl.com/privacy ("Privacy Policy"). You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you access to the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website and your TermWiki account, which you may not be able to opt-out from receiving. However, you can opt-out of other communications from CSOFT including our newsletters, etc.

Registration and user accounts

You may access many areas of the Website without registering your details with us. However, certain areas of the Website are only open to you if you have a username and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account. You agree to comply with any procedures set by CSOFT regarding your account including obtaining and updating your password. CSOFT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Materials on the Website

All Materials, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Materials. We may not monitor or control the Materials posted on the Website and, we cannot take responsibility for such Materials. Any use or reliance on any Materials posted through the Website is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Materials posted, nor endorse any opinions expressed on the Website. You understand that by using the Website, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CSOFT be liable in any way for any Materials, including, but not limited to, any errors or omissions in any Materials, or any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.

You retain all of your ownership rights to Materials you submit, post or display on or through the Website. However, by submitting the Materials to the Website, you hereby grant CSOFT a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted Materials in connection with the Website and CSOFT's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats or distribution methods. You also hereby grant each user of the Website a non-exclusive license to access your submitted Materials through the Website, and to use, reproduce, distribute, display and perform such submitted Materials as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in the submitted Materials are perpetual and irrevocable.

You agree that this license includes the right for CSOFT to make such Materials available to other companies, organizations or individuals for the distribution or publication of such Materials on other media and services with no compensation paid to you with respect to the Materials that you submit, post, transmit or otherwise make available through the Website.

We may modify or adapt your submitted Materials in order to transmit, display or distribute in various media and/or make changes to your submitted Materials as necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media.

You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CSOFT all of the license rights granted herein. You understand that your submitted Materials may be redistributed by our partners and if you do not have the right to submit the Materials for such use, it may subject you to liability. CSOFT will not be responsible or liable for any use of your submitted Materials in accordance with these Terms.

Intellectual Property

Unless otherwise stated, all right, interest, title and all other intellectual property rights in the Materials and the Website (excluding Materials submitted by users), including but not limited to the design, 'look and feel', the text, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos are owned by CSOFT or its licensors. Use of the Website does not grant you any right, title or interest in it, or to the Materials. Any feedback, comments, or suggestions you may provide regarding CSOFT, TermWiki, or the Website are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on use of the Website

Without limiting any other remedies it may have, we reserve the right at all times to remove your submitted Materials and suspend or terminate your Website account if we suspect that you have engaged in unlawful or prohibited activities in connection with the Website. You may not access the Website for any purpose other than that for which CSOFT makes it available. Prohibited activities include, but are not limited to:

1. posting to or transmitting to or from the Website any material which is threatening, defamatory, obscene, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience (including stalking and harassment); or
2. posting to or transmitting to or from the Website any material for which you have not obtained all necessary licences and/or approvals; or
3. posting to or transmitting to or from the Website any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
4. posting to or transmitting to or from the Website any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
5. posting to or transmitting to or from the Website any material which may constitute an unsolicited electronic message (e.g. spam); or
6. framing or linking to the Website without the prior written consent of CSOFT; or
7. collecting personal information relating to other users of the Website.

The above list of prohibitions is illustrative only and is not exhaustive.

You may not misuse the Website and are prohibited from taking any action to circumvent, disable or otherwise interfere with its security-related features, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials. You are also prohibited from taking any action that may impose an unreasonable burden or load on our infrastructure.

To the maximum extent permitted by law, CSOFT shall fully cooperate with any law enforcement authorities or court order requesting or directing CSOFT to disclose the identity or locate anyone posting any material in breach of clauses 1.2 or 1.3 above.

Copyright Policy

CSOFT respects the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you are a copyright owner and believe that any user submitted Materials or other content infringes upon your copyrights, you may provide us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to have be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information that we can use to contact you, such as your address, telephone number, and an email address; (e) a statement by you that information contained in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CSOFT's designated Copyright Agent to receive notifications of claimed infringement is: CSOFT International Ltd.. Attn: Copyright Agent, Future Int'l Business Garden, #26, 1 Wuliqiao, Beijing, China 100024 Email: copyright@csoftintl.com.

We reserve the right to remove Materials alleged to be infringing without prior notice and at our sole discretion. CSOFT may also terminate a user's Website account if the user is determined to be a repeat infringer.

No Warranties

You agree that your use of the Website or any Materials on the Website is at your own risk. You understand and agree that the Website is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, CSOFT AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website or any materials thereon. CSOFT will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any Materials. You agree that CSOFT has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Materials on the Website. We make no warranty that the Website and its materials will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CSOFT or through the Website, will create any warranty not expressly made herein.

Links

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CSOFT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

THE CSOFT PARTIES SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING UNDER THESE TERMS IN CONNECTION WITH THE WEBSITE, AND WHETHER IN TORT, CONTRACT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CSOFT PARTIES' TOTAL LIABILITY UNDER THESE TERMS IN CONNECTION WITH WEBSITE WHETHER IN TORT, CONTRACT OR OTHERWISE SHALL BE LIMITED TO 100 RMB.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy, unless agreed by CSOFT in writing. If any provision of these Terms is held by a court of competent jurisdiction to be invalid then it shall be deleted from these Terms and all other provisions shall remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of China without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in Beijing, China, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a 3rd party entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of China (without reference to conflict of laws.)

Entire Agreement

These Terms, and the CSOFT's Privacy Policy are the entire and exclusive agreement between CSOFT and you regarding your access and use of the Website, and these Terms supersede and replace any prior agreements between CSOFT and you regarding the Website.

Language

These Terms are written in English only, and there is no other language version. We may revise these Terms from time to time, the most current version will always be at www.csoftintl.com. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

The Website is operated and provided by CSOFT International Ltd. Future Int'l Business Garden #26, 1 Wuliqiao, Beijing China 100024. If you have any questions about these Terms, please contact us at info@csoftintl.com.