The following are terms of a legal agreement between you and Beyondsoft by visiting, browsing, accessing and other use of the Beyondsoft web site (hereinafter referred to as the “Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not accept these terms, please do not use this Site.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors.
Beyondsoft assumes no responsibility regarding the accuracy of the information that is provided by Beyondsoft and use of such information is at the recipient's own risk. Beyondsoft provides no assurances that any reported problems may be resolved with the use of any information that Beyondsoft provides. By furnishing information, Beyondsoft does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Beyondsoft does not want to receive confidential or proprietary information from you through our Web site unless otherwise expressly agreed by Beyondsoft in a written notice. Please note that any information or material sent to Beyondsoft will be deemed NOT to be confidential. By sending Beyondsoft any information or data, you grant Beyondsoft an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or data, and you also agree that Beyondsoft is free to use any ideas, know-how or technique that you send us for any purpose.
Information on this Site may be changed or updated without notice. Beyondsoft may also make improvements and/or changes in the service described in this information at any time without notice.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express authorization of Beyondsoft.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Beyondsoft. You must peruse the license agreement and indicate your agreement to its terms before installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, letter to Beyondsoft, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Beyondsoft, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Beyondsoft, you automatically grant (or warrant that the owner of such rights has expressly granted) Beyondsoft a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Beyondsoft immediately of any unauthorized use of your password(s).
Beyondsoft is concerned about the security of personal information we have collected from you and has taken reasonable measures to prevent unauthorized access to that information.
5. Third Party Web Sites, Content, Products and Services
The Site provides sub-links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Beyondsoft shall not be responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Beyondsoft is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Beyondsoft is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Beyondsoft is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
6. Termination of Use
You agree that Beyondsoft may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Beyondsoft.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEYONDSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEYONDSOFT MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. BEYONDSOFT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
8. Limitation of Liability
IN NO EVENT SHALL BEYONDSOFT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, IN SUCH SCENARIO, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Beyondsoft, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
10. Note About Children
Minors are not eligible to use the Site, and we request that they do not submit any personal information to us.
11. Applicable Laws
All matters relating to your access to, and use of, the Site shall be in compliance with the China laws. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in the People’s Court located in Haidian District, Beijing, PR. China. You and Beyondsoft agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Beyondsoft is a registered trademark of Beyondsoft Corporation. Other names appearing on the Site may be trademarks of their respective owners.
12. Contact Information