1. Infringement Notification
If you have an intellectual property rights-related complaint about any documentation uploaded and published on the Platform, you may contact us at the following email address:
Subject: ATTN: Legal Department (Copyright Notification)
Any notice alleging that documentation hosted by, or distributed through, the Platform infringe
Intellectual Property Rights must include the following information:
- A description of the copyright-protected work or other Intellectual Property RightS that you claim has been infringed;
- A description of the documentation that you claim is infringing and where it is located on the Platform;
- A statement by you that you have a good faith belief that the use of said documentation on the Platform is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
- An electronic or physical signature of the owner of the copyright or other right being infringed, if you are authorized to act on behalf of the owner; and
- Your address, telephone number, and email address.
2. Repeat Infringers
Zongheng will promptly terminate, without notice, the accounts of users that are determined by Zongheng to be “Repeat Infringers”. A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
Third-Party Services and Linked Websites
Zongheng may provide tools through the Platform that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Zongheng with an account on any third-party service, such as Twitter or Facebook, or through our of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
This Agreement begins on the day you agree to these terms and conditions and continues in effect up until it is terminated by you or Zongheng.
You may terminate your account at any time by contacting customer service at [email address]. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically.
Disclaimers and Consents
THE SERVICE(S) AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZONGHENG ENTITIESDISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ZONGHENG ENTITIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY CONTENT PROVIDED THROUGH THE PLATFORM, WILL BE PUNCTUAL, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE ZONGHENG ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR INTERACTION WITH ANY OTHER SERVICE USER, AND ANY CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
THE PLATFORM MAY CONTAIN LINKS OR EMBEDDED MATERIAL TO THIRD PARTY CONTENT, WHICH TAPREAD HAS NOT REVIEWED, INCLUDING, WITHOUT LIMITATION, OTHER WEBSITES AND THIRD PARTY SERVICES, FOR THE CONVENIENCE OF VISITORS, ADVERTISING PURPOSES, OR FOR OTHER SIMILAR FUNCTIONS RELATED TO TAPREAD’S BUSINESS. TAPREAD LINKING OR EMBEDDING TO THIRD PARTY CONTENT DOES NOT IMPLY AN ADVERTISEMENT OR ENDORSEMENT OF ANY GOOD, SERVICE, PRODUCT, OR OTHERWISE, PROVIDED BY SUCH THIRD PARTY. TAPREAD IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT LINKED OR EMBEDDED TO OR FROM THE PLATFORM AND EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, THE ACCURACY OF ANY INFORMATION FOUND ON ANY THIRD PARTY WEBSITE, OR THE QUALITY OF PRODUCTS OF SERVICES PROVIDED BY OR ADVERTISED ON SUCH THIRD PARTY WEBSITE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL THE ZONGHENG ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ZONGHENG ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
IN NO EVENT SHALL ZONGHENG’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED FIFTY US DOLLARS ($50.00 USD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS SECTION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES HERETO. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Compliance with Law
You shall comply with all applicable laws regarding your use of the Services. Without limiting the foregoing, you may not download, use, or otherwise export or re-export the Services or any content on the Platform except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.
Consent to Electronic Communications
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Washington, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in Seattle, Washington with respect to any proceeding regarding this Agreement.
You will not prosecute any action, suit, proceeding, or claim arising under or by reason of this Agreement except in such courts. The U.N. Convention on Contracts for the International Sale of Goods or any successor thereto is expressly disclaimed and does not apply to this Agreement.
You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect Zongheng, its business, and its licensors, and you expressly agree that monetary damages would be inadequate to compensate Zongheng fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Zongheng and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Zongheng shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.
Export Restrictions and Use Outside of the United States
You acknowledge and agree that the Services and any content on the Platform are subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations promulgated thereunder. You agree and certify that neither the Services, nor any other content provided through the Platform, nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same. You agree that you will comply with all applicable law with regard to your possession and use of the Services and other content provided through the Platform.