Terms of Services
Welcome to Yun Dong Education Solutions Ltd (“Yun Dong,” “we,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our software and related services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
Changes to these Terms
We may change these Terms from time to time. If we make changes, we will notify you by posting the updated Terms on our website or by email. Your continued use of the Services after the updated Terms have been posted constitutes your acceptance of the updated Terms.
Yun Dong grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your own personal or internal business purposes. You may not use the Services for any other purpose without our prior written consent.
You may not: (a) copy, modify, distribute, sell, or lease any part of the Services; (b) reverse engineer, decompile, or disassemble any part of the Services; (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks; (e) use the Services to send unsolicited or unauthorized advertising, promotional materials, or spam; (f) impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; or (g) use the Services in any way that violates any applicable laws, regulations, or third-party rights.
You are solely responsible for any content that you upload, publish, or otherwise make available through the Services (“User Content”). By uploading or publishing User Content, you grant Yun Dong a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Yun Dong’s business.
You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and permissions to use and authorize Yun Dong to use the User Content as contemplated by these Terms; (b) the User Content does not infringe, misappropriate, or violate any third-party rights, including any intellectual property rights, privacy rights, or publicity rights; and (c) the User Content complies with these Terms and all applicable laws and regulations.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Yun Dong Content”), and all intellectual property rights related to the Yun Dong Content, are the exclusive property of Yun Dong and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Yun Dong Content.
We may terminate or suspend your access to the Services at any time, with or without cause, and without prior notice. Upon termination, your right to use the Services will immediately cease.
You agree to indemnify and hold harmless Yun Dong, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YUN DONG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YUN DONG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.
Limitation of Liability
IN NO EVENT SHALL YUN DONG, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF YUN DONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YUN DONG’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO YUN DONG IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100 USD).
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Yun Dong is incorporated, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising from or related to these Terms or your use of the Services shall be brought exclusively in a court of competent jurisdiction in that jurisdiction.
These Terms constitute the entire agreement between you and Yun Dong regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect. Yun Dong’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Changes to the Terms
We may revise these Terms from time to time in our sole discretion. The most current version of the Terms will be posted on our website. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. By continuing to access or use the Services after the effective date of any changes to these Terms, you agree to be bound by the updated Terms.
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org or tel: (886) 2 2701 9998.
Thank you for using Yun Dong Education Solutions Ltd. We hope our software development solutions help you achieve your goals.
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