CSOFT Website Terms of Use (“Terms”)

CSOFT Website Terms of Use (“Terms”)

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, documents, case-studies, sounds, video, graphics and images (collectively, the “Materials”), located at the URL http://www.csoftintl.com/ and http://www.termwiki.com/ (“Website”), and to any correspondence by email between us and you. These Terms do not apply to any of our software (“Software”) or any third party software available to download from the Website (“Third Party Software”), the download of which is governed in each case by the associated software licence agreement.

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.

Restrictions on use of the Website

1.1	Except for Third Party Software and Third Party Content (defined below), the Materials provided on the Website are provided to you by CSOFT.
1.2	You may not access the Website for any purpose other than that for which CSOFT makes it available. Without limiting any other remedies it may have, the Company may remove your postings and suspend or terminate your Website account if we suspect that you have engaged in unlawful or prohibited activities in connection with the Website.
1.3	Prohibited activities include, but are not limited to: 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 posting to or transmitting to or from the Website any material for which you have not obtained all necessary licences and/or approvals; or 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 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 posting to or transmitting to or from the Website any material which may constitute an unsolicited electronic message (e.g. spam); or using Third Party Content in any unauthorised manner, including without limitation publishing, distributing, reverse-engineering, modifying or altering it (or attempting to do so) in any way; or collecting personal information relating to other users of the Website. The above list of prohibitions is illustrative only and is not exhaustive.
1.4	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.
1.5	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.

Registration and user accounts

2.1	You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you have a username and password.
2.2	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.
2.3	You agree to immediately notify CSOFT in writing of any unauthorised use of your user account or password or any other breach of security. CSOFT will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure.
2.4	You are prohibited from using another person’s account to log in to and access the Website.

Intellectual Property

3.1	You are permitted to print and download extracts from the Website and Materials for your personal use, on the following basis: None of the Materials or Website extracts may be modified, edited or enhanced in any way; No graphics on the Website may be used separately from the corresponding text; and CSOFT’s copyright and trademark notices and this permission notice must appear in all copies made.
3.2	Any use of Materials other than in accordance with clause 3.1 above for any purpose is prohibited.
3.3	Unless otherwise stated, the copyright and all other intellectual property rights in the Materials and the Website, including but not limited to the design and ‘look and feel’ of the Website, 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.
3.4	You will not remove, obscure, or alter CSOFT’s or any third party’s copyright, trademark or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
3.5	CSOFT’s trademarks, service marks and logos (“CSOFT Marks”) are the property of CSOFT or its affiliates. You shall not challenge the ownership of the CSOFT marks and shall not use, modify or incorporate them in any documents, websites or materials or use them as a hyperlink without CSOFT’s prior written permission. You are granted no right to use any third party trademarks, service marks and logos contained in the Website.
3.6	All rights not expressly granted in these Terms are reserved by us.

Third Party Software and Content

4.1	CSOFT may from time to time allow third party software providers to make Third Party Software available to you via the Website.
4.2	The Third Party Software is the copyrighted work of the relevant third party software provider, and your use of it may be subject to licence agreements and terms of use of the relevant third party software provider.
4.3	CSOFT will not be a party to or in any way be responsible for monitoring any transaction between you and any provider of Third Party Software. All transactions between the provider and you shall be governed by the terms of the relevant licence agreement.
4.4	Copyright in Third Party Content available on the Website belongs to the third party user of the Website. “Third Party Content” means all content, information and material posted to the Website by users of the Website, including, without limitation, text, files, images, videos, comments, notes and forum postings.
4.5	You grant to CSOFT and its affiliates a worldwide, non-exclusive, royalty-free, sublicensable right to use and exploit (in all media), as they see fit in their sole discretion, any Third Party Content you post to the Website. Any Third Party Content you post to the Website is your responsibility, including responsibility as to its legality, reliability, appropriateness, originality and copyright. You warrant that any Third Party Content you post will not infringe the rights (including without limitation intellectual property rights) of any third party.
4.6	Unless otherwise stated in the Privacy Policy referred to in clause 7, any Third Party Content provided by you is non-proprietary and non-confidential. Subject to compliance with our Privacy Policy, you agree that CSOFT shall be free to use and exploit, on an unrestricted basis and for any purpose, your Third Party Content posted to the Website.
4.7	CSOFT disclaims any and all warranties with regard to Third Party Content and Third Party Software, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. CSOFT is not obliged to monitor or remove any Third Party Content or Third Party Software. Any Third Party Content posted on the Website is the view of the author, and CSOFT is not responsible for Third Party Content, including any rude or offensive content.

General practices regarding use and storage

5.1	Subject to clause 3.1, no part of the Website or Materials may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without CSOFT’s prior written permission.
5.2	You agree that CSOFT has no responsibility or liability for the deletion of, or failure to store any of your content or other communication maintained on, or transmitted via, the Website.

Links to third party sites

The Website may provide links to third party sites, which are provided solely for your convenience. If you use these links, you leave the Website. You acknowledge that CSOFT has not reviewed these third party sites and cannot control, and is not responsible for, these websites or their content or availability. CSOFT does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them and shall not be liable in connection with them. If you decide to access any of the third party websites, you do so at your own risk and in accordance with their terms of use and privacy statements.

Privacy Statement

Your use of the Website and any personal information you provide to us through it is governed the CSOFT Privacy Policy that is available at http://www.csoftintl.com/privacy.php (“Privacy Policy”).

Term and Termination

8.1	These Terms shall remain in full force and effect while you are a user of the Website.
8.2	Any breach of these Terms will result in termination, without notice, of your permission to use this Website and you must immediately destroy any downloaded, electronic or hardcopy printouts of the Website and Materials.

Indemnity

You agree to indemnify CSOFT and each of CSOFT’s affiliates, advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors (“CSOFT Parties”) from and against any and all liabilities, costs, expenses, damages and losses (including but not limited to reasonable attorneys’ fees, accounting expenses, and legal costs), suffered or incurred in connection with your access to or use of the Website, any transaction related to Third Party Software or Third Party Content, or a breach of these Terms.

10.

No Warranties

10.1

While CSOFT endeavours to ensure that the Materials are reasonably available and correct, CSOFT does not warrant in any way the availability, accuracy or completeness of the Materials. CSOFT may temporarily suspend the Website, make changes to the Materials, or to the products and prices described on the Website, at any time without notice. The Materials may be out of date, and CSOFT makes no commitment to update them.

10.2

To the maximum extent permitted by law, the Materials are provided “as is”, without any conditions, warranties, guarantees or other terms of any kind, including but not limited to, express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

11.

Limited Liability

11.1	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.
11.2	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 US$100.

12.

Exclusions and Limitations

Nothing in these Terms shall exclude or limit CSOFT’s liability for:

Death or personal injury caused by negligence; or
Fraud; or
Misrepresentation as to a fundamental matter; or
Any liability which cannot be excluded or limited under applicable law.

13.

Waiver

If you have a dispute with one or more third party users or software developers, you permanently and irrevocably waive and release the CSOFT Parties from any and all claims, demands, liabilities, losses and damages arising in connection with such disputes.

14.

Disputes, Governing Law and Jurisdiction

14.1	These Terms shall be governed by and construed in accordance with the law of the People’s Republic of China (“China”) without regard to the choice or conflicts of law provisions of any jurisdiction. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of China.
14.2	The parties agree the that United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to the Terms.
14.3	You shall bring all disputes, actions, claims or causes of action related to these terms or in connection with the Website only in the courts located in Beijing, China.

15.

General

15.1	Entire agreement These Terms (and any documents to which they refer) constitute the entire and whole agreement between you and CSOFT. Except for CSOFT’s right to modify these Terms as set out above, these Terms may be amended or supplemented in writing signed by both parties.
15.2	Relationship of the parties These Terms do not create a joint-venture or employment relationship between the parties.
15.3	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.
15.4	Assignment Except with CSOFT’s prior written consent, you may not assign or transfer any rights or duties under these Terms and any attempt to do so will be void.
15.5	Local Laws CSOFT operates this Website from China and makes no representation that the services or Materials provided are appropriate or will be available for use in other parts of the world. If you use this Website or the services from anywhere else in the world, you are responsible for compliance with any applicable local laws in relation to the Materials, the Third Party Software and the Third Party Content.
15.6	Contact us If you have any questions about these Terms or the privacy statement in clause 7, please contact CSOFT at the following address: CSOFTinfo@csoftintl.com
15.7	Language These Terms are written in English only, and there is no other language version.