1. User Information You certify to Beijing Elex Technology Co. Ltd. (''Elex'' or ''We'') that you are not a minor, i.e. that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her password under supervision of the parent or guardian.
2. Appropriateness of Information The information or data provided by and through the Service may include objectionable or inappropriate material. By entering the Website or using the Service you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
4. Proprietary Rights to Information and Data The information and data provided by or through the Service are protected by international copyright laws of Elex, its third party providers, or any other User that posts information on the Website. The User acknowledges that such information and data may contain other proprietary information and material, and the User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use.
5. Trademarks. Elex's logos and product and service names are trademarks or service marks of Elex (collectively, ''Marks'') or any of its affiliates. The User agrees not to display or use, in any manner, any of Elex's Marks or copyrighted material without Elex's prior written consent. Third party trademarks, service marks, logos and trade names appearing on any of the websites which are part of the Service are the property of their respective owners.
6. Prohibited Uses You expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service, transmitting or uploading any viruses, worms, ''Trojan Horses'' or other similar materials onto the Service or the Website, or reproducing, sending or distributing to or through the Service any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Service or any content thereof.
7. General Copying Restrictions YOU MAY: a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to Beijing Elex Technology Co. Ltd.. The Product is delivered in a manner to provide for the use by a single workstation. This does not include use on a computer network. Working with Elex on a network requires a separate license (Elex Server License). You may not use the Product for more than one workstation unless you paid to Beijing Elex Technology Co. Ltd. the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact Beijing Elex Technology Co. Ltd.. b. Copy the Product for backup purposes as appropriate. c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred. d. Terminate this license by destroying the original and all copies of the Product in whatever form.
9. Third Party Vendors The User may order or use services or merchandise through the Service from third parties not affiliated with Elex (''Third Party Vendors''). All matters concerning such services and merchandise desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User. Elex makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Elex, nor will Elex be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Elex may have received revenue or other remuneration in connection with the transaction. Elex will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors. Please note that, foreign exchange rates are supplied under license by XE.com Currency Tools.
10. Links Elex is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Service. As a convenience to our members, Elex provides links to many resources. Elex makes no representations as to the quality, suitability, functionality or legality of any sites to which Elex may provide links, and the User hereby waives any claim the User may have against Elex with respect to such sites.
11. DISCLAIMER OF WARRANTIES MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY ELEX BEFORE IT APPEARS ON THE WEBSITE. ELEX DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
12. LIMITATION OF LIABILITY IN NO EVENT WILL ELEX BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF ELEX WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
15. Indemnity At Elex's request, the User agrees to defend, indemnify and to hold harmless Elex, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that Elex is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, Elex is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, and misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, and invasion of privacy or fraud.
16. Notices Notices to the User may be made via either email or regular mail. Elex may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.
17. Receipt of Updates and Commercial Material You agree to receive Elex's updated dictionaries, encyclopedias, commercial offer, advertisement material and news, and realize that your consent to do so is essential to our consent to grant you the license.
18. General This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.