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Terms of Use Agreement ("Agreement") is a legal
agreement between you ("User") and Guangzhou Jidou
Animation Co. Ltd. ("Jidou"). PLEASE READ THE FOLLOWING
TERMS CAREFULLY BEFORE ACCESSING AND USING WWW.JIDOUGAMES.COM
WEBSITE OR ANY OTHER WEBSITES OWNDED BY JIDOU (collectively,
"Jidou Websites"). By accessing and using Jidou
Websites, User acknowledges that he or she has read, understood
and agrees to comply with the terms and conditions stated
within this Agreement. Jidou reserves the right, to change,
modify, add or delete portions of these terms and conditions
periodically at its sole discretion.
PRIVACY
Jidou collects information about the Users of its websites.
Collection of this information is governed by the Jidou Online
Privacy Policy, which may be accessed at http://www.jidougames.com/privacy_policy.htm.
USER CONDUCT
Users agree that all the information posted or accessed on
Jidou's websites are for personal use only. There may be no
commercial or other unauthorized use of any interactive features
available on this website. Users may not engage in any conduct
or action that is unlawful, or harms Jidou or any other person
or entity, as determined in its sole discretion.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service
marks (collectively, "Marks") used or referred to
on Jidou Websites are the property of Jidou, unless otherwise
noted. User is strictly prohibited from using, copying, reproducing,
republishing, uploading, posting, transmitting, distributing
or modifying Marks in any way and on any other websites without
Jidou's prior written permission.
PROPRIETARY RIGHTS
TO CONTENT
All materials contained on Jidou Websites are copyrighted
by Jidou except where explicitly noted otherwise.
User acknowledges and agrees that content, including but not
limited to text, software, music, sound, photographs, video,
design, graphics, movie trailers, film clips or other material
contained on Jidou Websites ("Content") is protected
by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. User understands and agrees that
User is strictly prohibited from copying, reproducing, republishing,
distributing, modifying or creating derivative works from
this Content or otherwise using, transmitting, uploading,
rebroadcasting or publishing in any form this Content other
than as expressly authorized by this Agreement without Jidou's
prior written permission.
LINKS TO THIRD PARTY
SITES
The Jidou Websites may contain links to third party websites,
which are not under the control of Jidou. Jidou makes no representations
whatsoever about any other website to which you may have access
through the Jidou Websites. When you access a third party
website, you do so at your own risk and acknowledge that Jidou
is not responsible or liable for any content, advertising,
products or other materials available from such third party
sites. User also agrees that Jidou shall not be liable for
any loss or damage of any sort incurred as the result of using
any third party's web site. Mention of third party companies
and websites on the Jidou Websites is for informational purposes
only and does not constitute an endorsement or recommendation.
SOFTWARE DOWNLOADS
Any software that is made available to download ("Software")
from the Jidou Websites is the proprietary and copyrighted
work of Jidou and/or its third party suppliers. Use of the
Software is governed by the End User License Agreement, which
accompanies or is included with the Software ("License
Agreement"). An end user license to use any Software
is conditioned upon Jidou's acceptance of the end user's purchase
order and the end user's review and agreement to, and compliance
with, the License Agreement terms. Jidou, at its sole discretion,
reserves the right to reject any purchase order or license
for any reason.
Jidou and/or its respective third party suppliers may make
improvements and/or changes in the Software at any time without
notice. Jidou may cease offering the Software for download
or discontinue any member site of Jidou Websites at any time
without notice. Jidou assumes no obligation with respect to
supporting Jidou Websites or Software, except as expressly
set forth in the License Agreement.
THE WEBSITE IS OFFERED
FOR USE "AS IS" WITHOUT WARRANTIES OF ANY KIND.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN
THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, JIDOU HEREBY DISCLAIMS ALL WARRANTIES
WITH REGARD TO THE SOFTWARE AND WEBSITE, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT JIDOU SHALL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE)
RESULTING FROM ANY USE OF, OR INABILITY TO USE, JIDOU WEBSITES,
OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF
JIDOU WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY
IS CLAIMED, EVEN IF JIDOU HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Jidou makes
no warranty that Jidou Websites will meet your requirements
or that it will be uninterrupted, timely, secure or error
free; nor does Jidou make any warranty as to the results that
may be obtained from the use of Jidou Websites or as to the
accuracy or reliability of any information obtained through
Jidou Websites. USER UNDERSTANDS AND AGREES THAT ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JIDOU
WEBSITES IS DONE AT USER'S OWN RISK AND THAT USER WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, JIDOU PROVIDES JIDOU WEBSITES
CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE
BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR
A PARTICULAR PURPOSE. IN NO EVENT SHALL JIDOU OR ITS SUPPLIERS
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS
OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE
JIDOU WEBSITES CONTENT, EVEN IF JIDOU HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
INDEMNIFICATION
User agrees, at User's expense, to indemnify, defend and hold
harmless Jidou, its officers, directors, employees, agents,
affiliates, distributors and licensees from and against any
judgment, losses, deficiencies, damages, liabilities, costs
and expenses (including reasonable attorneys' fees and expenses)
incurred in connection with any claim, demand, suit, action
or proceeding arising out of User's breach of this Agreement
or in connection with User's use of Jidou Websites or any
product or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and Jidou
shall be governed by and construed in accordance with the
laws of the People's Republic of China (PRC). Any controversy
or claim arising out of or relating to this Agreement or relating
to use of Jidou Websites and the material contained in Jidou
Websites shall be resolved in a PRC court. User agrees that,
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to this Agreement
must be filed within one (1) year after such claim or cause
of action arises or will be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this
Agreement will not constitute a waiver of any subsequent breach
or right. If any provision of this Agreement is found to be
invalid or unenforceable by a court of competent jurisdiction,
such provision shall be severed from the remainder of this
Agreement, which will otherwise remain in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
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