Terms of Service
1. Definitions
“Services” refers to CorpEngine’s websites, software, search functions, personalized contents and other services.
“Terms” refers to the terms and conditions included in your agreement with CorpEngine which is set out in this document.
2. Acceptance of Terms
You must agree to the Terms before using the Services. You can accept the Terms by clicking to accept or agree to the Terms when this option is available for you by CorpEngine; or by actually using the Services.
You should not use the Services and not accept the Terms if you are not of legal age to form a binding contract, You should not use the Services and not accept the Terms if you are barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
3. Services provided by CorpEngine
CorpEngine consistently provides innovative technology in order to provide the best possible experience for its users. You understand that the form and nature of the Services which CorpEngine provides may change from time to time without prior notice to you. You also understand that CorpEngine may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at CorpEngine’s sole discretion, without prior notice to you.
You understand and agree that CorpEngine can disables (permanently or temporarily) access to your account. You may be prevented from accessing the Services or accessing the content in your account.
You understand and agree that CorpEngine may set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by CorpEngine at any time, at CorpEngine’s discretion.
You understand and agree that the Services is provided “AS-IS” and that CorpEngine assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
4. Services used by you
In order to use the Services, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you provided to CorpEngine will always be accurate, correct, current and complete.
You agree not to access or attempt to access any of the Services by any means other than interface that is provided by CorpEngine. You agree not to access or attempt to access any of the Services through any automated means (use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with CorpEngine in writing, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that CorpEngine has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (luding any loss or damage which CorpEngine may suffer) of any such breach.
5. Your passwords and account security
You understand and agree that you are responsible for maintaining the confidentiality of passwords and account and are fully responsible for all activities that occur under your password or account.
You understand and agree that if you become aware of any unauthorized use of your password or of your account, you will notify CorpEngine immediately.
You agree that you will ensure that you exit from your account at the end of each session. CorpEngine will not be liable for any loss or damage arising from your failure to comply this section (“Your passwords and account security”).
6. CorpEngine’s Privacy Policy
CorpEngine’s data protection practices are set out in CorpEngine’s privacy policy at http://www.corpengine.com/privacy-policy.You understand and agree to the use of your data in accordance with CorpEngine’s privacy policies.
7. Content in CorpEngine
You understand that all information in CorpEngine (referred as “Content” below) are the sole responsibility of the person from which such content originated. You understand that the Content may be protected by intellectual property rights which are owned by the person or companies other than CorpEngine. You understand and agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content. You understand that the Content may be offensive and objectionable and you agree to use the Services at your own risk
You understand that CorpEngine reserves the right to pre-screen, refuse or remove any Content from any Service.
You agree that you are solely responsible for any Content that you create, transmit or display including any loss or damage which CorpEngine may suffer. CorpEngine has no responsibility to you or to any third party.
8. Proprietary rights
You understand and agree that CorpEngine has all legal right (including any intellectual property rights), title and interest to the Services. You also understand that the Services may contain include confidential information which you should not disclose without CorpEngine’s written consent.
You understand and agree that without CorpEngine’s written consent, you do not have the right to use any the names, logos, domain names and other distinctive brand features of CorpEngine.
You understand and agree that you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from CorpEngine
CorpEngine gives you a personal, non-assignable and non-exclusive licence to use the software (referred to as the “Software” below) as part of the Services provided to you by CorpEngine. This licence is only allow you to use and enjoy the Services as permitted by the Terms.
You may not and allow anyone else to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, transfer sub-licence, grant security interest, or transfer any part of your rights to use of the Software or any part of it.
10. Content licence from you
CorpEngine do not claim ownership of Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give CorpEngine a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. You understand and agree that CorpEngine has the right to make such Content available to other individuals, organizations or companies with whom CorpEngine has relationships in any means.
You understand and agree CorpEngine to transmit or distribute your Content over various public networks and in various media; and make amendments to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
You confirm and warrant to CorpEngine that you have all the rights, power and authority necessary to grant the above licence.
11. Updates of Software
You understand and agree that the Software provided by CorpEngine may automatically download and install updates from time to time in order to improve, enhance and further develop the Services. You agree to receive such updates without CorpEngine’s notification to you.
12. Terminating your relationship with CorpEngine
If you want to terminate your legal agreement with CorpEngine, you may do so by by writing, to CorpEngine’s email address (corpengine@corpengine.com).
CorpEngine may at any time, terminate its legal agreement with you if:
(A) you have breached or have intended to breach any provision of the Terms; or
(B) required by law; or
(C) the CorpEngine’s partner has ended its relationship with CorpEngine or ceased to offer the Services to you; or
(D) CorpEngine considers not to providing such Services to users; or
(E) the provision of the Services to you by CorpEngine is, in CorpEngine’s opinion, no longer commercially viable; or
(F) extended periods of inactivity; or
(G) engagement by you in fraudulent or illegal activities; or
(H) nonpayment of any fees owed by you in connection with any Services.
The Terms will continue to apply until terminated by either you or CorpEngine as set out above. This Section shall not affect CorpEngine’s rights regarding provision of Services in the Terms.
All of the legal rights, obligations and liabilities that you and CorpEngine have benefited from, been subject to or which are expressed to continue indefinitely, shall be unaffected by the termination of Terms.
13. Advertisements
You understand and agree that CorpEngine may display advertisements and promotions in order to support its Services. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The advertisements may be provided by third-party. You understand and agree that the content of information stored on the Services, queries made through Services or other information will be sent to the third-party in order to provide you with the targeted advertisements.
The manner, mode and extent of advertising by CorpEngine on the Services are subject to change without specific notice to you.
You understand and agree that your correspondence or business dealings with advertisers (including payment, delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings) through the use of Service, are solely between you and such advertiser. You agree that CorpEngine will not be liable for any loss or damage of any sort incurred as a result of such dealings or as the result of the presence of such advertisers on the Service.
14. External Content
The Services may include links to other web sites, contents or resources. You understand and agree that CorpEngine may not have control over web sites, contents or resources which are not owned or provided by CorpEngine.
You understand and agree that CorpEngine is not responsible for the availability of any the external web sites, contents or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You understand and agree that CorpEngine is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such web site, content or resource.
15. DISLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
(B) CORPENGINE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) THE SERVICES AND SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY INFORMATION OBTAINED BY YOU FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THE DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORPENGINE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(E) CORPENGINE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN DISCLAIMER OF WARRANTIES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CORPENGINE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (EVEN IF CORPENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER URRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INURRED BY YOU, INLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) THE USE OR THE INABILITY TO USE THE SERVICE OR SOFTWARE;
(II) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISTMENTS APPEAR ON THE SERVICES;
(III) ANY CHANGES OR UPDATES TO THE SERVICES BY CORPENGINE, OR FOR ANY CESSATION (PERMANENT OR TEMPORARY) IN THE PROVISION OF THE SERVICES OR FUNCTIONS OF THE SERVICES;
(IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(VI) YOUR FAILURE TO PROVIDE CORPENGINE WITH ACCURATE INFORMATION;
(VII) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(VIII) ANY OTHER MATER RELATING TO THE SERVICE.
17. Changes to the Terms
CorpEngine may make changes to the Terms from time to time. When these changes are made, CorpEngine will make the term available at CorpEngine’s website. You understand and agree that CorpEngine will treat your use of Service as acceptance of the updated Terms after the Terms has been changed.
18. General legal terms
The Terms constitute the legal agreement between you and CorpEngine and govern your use of the Services (but excluding any services which CorpEngine may provide to you under a separate written agreement), and completely replace any prior agreements in relation to the Services between you and CorpEngine.
Even if any court of law decide that any provision of the Terms is invalid, the remaining provisions of the Terms will continue to be valid and enforceable.
You understand and agree that CorpEngine may provide you with notices about CorpEngine’s and its Partners’ by email, regular mail, or postings on the Services.
You understand and agree that if CorpEngine does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CorpEngine has the benefit of under any applicable law), this will not be taken to be a formal waiver of CorpEngine’s rights.
You understand and agree that if CorpEngine does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CorpEngine has the benefit of under any applicable law), those rights or remedies will still be available to CorpEngine.
You understand and agree that the Terms shall be governed by the laws of Hong Kong. You and CorpEngine agree to submit to the exclusive jurisdiction of the courts located within Hong Kong to resolve any legal matter arising from the Terms. You understand and agree that CorpEngine shall be allowed to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction.
Last updated March 13, 2009