Terms of Service
Last revised on May 10, 2018, effective as of May 25, 2018
By using our site, you are agreeing to comply and be bound by all terms and conditions herein. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
该协议是一份法律文件,列出了您的权利和义务,以及在美国特拉华州注册的DataBox的所有者Databox Inc.(“ Databox”,“ Company”,“ We”,“我们”beplay体育appios”或“我们”),与DataBox网站(“网站”,“网站”或“服务beplay体育appios”)以及DataBox通过它提供的服务。
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of use Agreement.
We reserve the right to update or revise these Terms without giving you any notice. Please check the Terms periodically for changes. Your continued use of our Website following the posting of any changes to the Terms constitutes acceptance of those changes. Our Terms will be kept up to date at www.yu-nung.com/terms-of-service.
Copyright
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Databox. The company name, the company logo, and the product names associated with Databox are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the Databox is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Databox. The posting of information or materials on Databox does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Privacy policy
Privacy and security policies may be viewed at Databox Privacy Policy page. We reserve the right to modify our privacy and security policies in our reasonable discretion from time to time. Note that because Databox is an online application, we occasionally may need to notify all users of important announcements regarding the operation of the Databox.
Account Access
在某些情况下,公司员工有必要访问您的帐户和内容以诊断问题。当您与我们的支持团队联系时,这意味着您允许公司员工在必要时访问您的帐户,以便有所帮助。如果您希望在未经您的帐户许可的情况下获得帮助,请在与我们的支持团队的沟通中指定很多,这些请求将在可能的范围内得到荣幸。
使用您的信息
公司不拥有任何数据或信息material that you or other users submit. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data that you submit, and Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer data. Upon request by the applicable Administrator, the Company may remove, modify, edit or otherwise alter any applicable customer data. The Administrator shall also have the power to block, delete or otherwise modify the access of users under its applicable account, and shall be solely responsible for the addition and removal of users under its account.
Company reserves the right to withhold, remove and/or discard customer data without notice for any breach of the Agreement. Upon termination for breach of the Agreement, your right to access or use customer data immediately ceases, and we shall have no obligation to maintain or forward any customer data.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Databox.
By means of this data protection declaration, Databox would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
Your Responsibilities
All activity occurring under your user account are your responsibility and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Databox, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable administrator(s) of your account. You shall (1) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (3) and not impersonate another user or provide false identity information to gain access to or use Databox.
Permitted uses and License Grant
公司授予您非排他性,non-transferable, worldwide right to use Databox, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Databox and its licensors.
You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Databox or the content in any way; (2) modify or make derivative works based upon Databox or the content; (3) create Internet “links” to Databox or “frame” or “mirror” any content on any other server or wireless or Internet-based device; (4) or reverse engineer or access Databox in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Databox, or (c) copy any ideas, features, functions or graphics of Databox.
You may use Databox only for your internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorised access to the Service or its related systems or networks.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts.
The Service is billed in advance on a monthly, quarterly or yearly basis (chosen by the user) and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
降低服务可能会导致帐户内容,功能或容量的损失。beplay体育appiosDatabox对此类损失不承担任何责任。
Cancellation and Termination
您完全负责正确取消您的帐户。取消您的帐户的电子邮件或电话请求不被视为取消。您可以随时单击“设置”页面上的帐户链接来取消您的帐户。帐户屏幕提供了一个简单的取消链接。
取消后,您的所有内容将立即从服务中删除。一旦您的帐户取消,就无法恢复此信息。
If you cancel the Service before the end of your current paid up cycle (month or year), your cancellation will take effect immediately and you will not be charged again.
beplay体育appiosDatabox,在它的唯一的谨慎,有权suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Databox reserves the right to refuse service to anyone for any reason at any time.
Third Party Content
第三方内容可能会出现在网站上,也可以通过链接访问。任何此类活动以及与此类活动相关的任何术语,条件,保证或陈述都仅在您和适用的第三方之间。公司及其许可人对您与任何此类第三方之间的任何此类信件,购买或晋升,不承担任何责任,义务或责任。我们不认可通过Databox链接的Internet上的任何网站,并且在任何情况下,公司或其许可方都不应对此类网站上或其他网站上的任何内容beplay体育appios,产品或其他材料负责。根据本协议的条款和条件beplay体育appios,我们为您提供数据代表。但是,您认识到,在使用或访问此类软件,硬件或服务之前,硬件或服务的某些第三方提供商可能需要您达成其他或不同的许可证或其他条款的协议。
YouTube APIs
In order to provide you with the Databox services, we deploy YouTube’s API (application program interface) Services to enable access to YouTube via the Databox website. By using the YouTube API Services, you agree to be bound by YouTube’s Terms of Service (available at www.youtube/t/terms).
Indemnification
你同意赔偿并持有公司,其表示“允许”sors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company’s business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Company represents and warrants that it will provide Databox in a manner consistent with general industry standards reasonably applicable to the provision thereof and that Databox will perform substantially in accordance with the online company help documentation under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Databox and that your billing information is correct.
Disclaimer
公司及其许可方对服务或任何内容的可靠性,及时,质量,适用性,真相,可用性,准确性或任何内容的可靠性,及时性,质量,真相,可用性,准确性或任何内容都没有任何代表性,保证或担保。公司及其许可方不代表或保证:(1)服务的使用将是安全的,及时的,不间断的或无错误的或与任何其他硬件,软件,系统或数据合并的,(2)将满足您的要求或期望,(3)任何存储的数据将是准确或可靠的,(4)您通过服务购买或获得的任何产品,服务,信息或其他材料的质量都将满足您的要求或期望,(5)将纠正错误或缺陷,或(6)使服务可用的服务或服务器无病毒或其他有害组件。按«基础,严格地向您提供服务和所有内容。特此在最大允许的范围内否认所有条件,陈述和保证,无论明示,暗示,法定或其他条件,包括但不限于任何暗示的保证,特定目的的适用性或不侵犯第三方权利的保证,在允许的最大范围内被拒绝根据公司及其许可人的适用法律。
互联网延迟
beplay体育appiosDataBox服务可能会受到互联网和电子通信使用固有的局限性,延迟和其他问题。公司对此类问题造成的任何延误,交付失败或其他损害概不负责。
Limitation of Liability
Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from Databox, (b) the unavailability or interruption of Databox or any features thereof, (c) your use of Databox, (d) the content contained on Databox, or (e) any delay or failure in performance beyond our control.
术语和条件的变化
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to Databox at any time, effective upon posting of an updated version of this Agreement on Databox. You are responsible for regularly reviewing this Agreement. Continued use of Databox after any such changes shall constitute your consent to such changes. Our Terms will be kept up to date at www.yu-nung.com/terms-of-service.
任务
This Agreement may not be assigned by you without the prior written approval of Company but may be assigned without your consent by Company to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
General
This Agreement shall be governed by European Union export laws, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or Databox shall be subject to the exclusive jurisdiction. No text or information set forth on any other purchase order, pre-printed form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of Databox. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Invoices, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Definitions
“Consent” of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
By “Content” we mean the audio and visual information, documents, software, products and services contained or made available to you by the Company in the course of using Databox.
By “Company technology” we mean all of company’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by company.
“Controller” is given the same meaning as in the GDPR, which we summarize as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
By “Customer data” we mean any data, information or material provided or submitted by you to Databox in the course of using Databox.
“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
By “Intellectual property rights” we mean unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
通过“许可任期”,我们的意思是您获得根据本协议和任何适用订单表格使用Databox的期限。beplay体育appios
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.
“Data Subjects” refers to those individuals residing in the EU who are consumers or users of Company goods or services (also “consumers”), as well as any personnel who reside in the EU.
“Personal Data” is given the same meaning as in the GDPR which we summarize here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Processing” is given the same meaning as in the GDPR, which we summarize as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymisation” is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Restriction of processing” is the marking of stored personal data with the aim of limiting their processing in the future.
“处理器”是代表控制者处理个人数据的自然或合法人,公共权威,代理机构或其他机构。
“收件人”是自然或合法的人,公共权威,代理机构或其他机构,无论是否第三方披露了个人数据。但是,根据工会或成员国法律,可能在特定询问框架内接收个人数据的公共当局不应被视为接受者;这些公共当局对这些数据的处理应根据处理的目的符合适用的数据保护规则。
“Third party” is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
By “User” we mean an individual authorised to use Databox and have been supplied user identifications and passwords (or by Company at your request or the applicable Administrator’s request).