User Agreement for WPS Premium Service
User Agreement for WPS Premium ServiceUpdated on: November 23, 2017Thank you for using WPS Premium Service! The User Agreement for WPS Premium Service (hereinafter referred to as the "Agreement") is made and concluded between you and Kingsoft Office (defined below) as to your use of the WPS Premium Service. Before using the WPS Premium Service, it is necessary for you to carefully read and agree to this Agreement:I. Definition
II. Acceptance of the Agreement
- "WPS Premium Service"/the "Service":refers to the services and products included in the WPS Premium Center ( https://www.wps.com ), 1.as updated by Kingsoft Office from time to time, which have been officially introduced by Kingsoft Office or its affiliated companies, and/or any third party in collaboration with Kingsoft Office or its affiliated companies, and can only be used by logging into your Kingsoft Office Online Service Account (defined below). You are only allowed by Kingsoft Office to use the WPS Premium Service in the areas outside the Chinese Mainland (defined below). While Kingsoft Office will use commercially reasonable efforts to innovate and modify the Service, you understand and agree that the form and nature of Services furnished by Kingsoft Office may be changed from time to time without a prior notice to you.
- "Sub Service":refers to various specific services and products included under the Service, including but not limited to Speech Recording, Transfer PDF into Word, Document Slimming, Big Picture Sharing, PDF tools, and other sub services that may be officially introduced and included in the scope of the WPS Premium Service subsequently by Kingsoft Office. Sub Services may be subject to additional terms and conditions as provided by Kingsoft Office from time to time.
- "Kingsoft Office Online Service Account":refers to the WPS account, Google account, Facebook account, Drop-box account, Twitter account and other accounts to be possibly added subsequently by Kingsoft Office, which are used by you to log into the Service, and subject to the terms of the User Statement for a Kingsoft Office Online Service Account as set forth on https://www.wps.com/privacy/cloudservice/ , or such other URL as designated by Kingsoft Office from time to time. The WPS account is provided by Kingsoft Office. In order to sign up for a Kingsoft Office Online Service Account , You must provide the required registration information on https://account.wps.com and must agree to abide by the pertinent agreements and rules of Kingsoft Office, and complete the registration process to get your account; The Google account, Facebook account, Drop-box account, Twitter account and other accounts that may be added subsequently are provided by other parties than Kingsoft Office, and when any other account than WPS account is registered, you are required to completely abide by the pertinent agreements of the provider for such an account. (For example, if your Kingsoft Office Online Service Account is a Google account, the provider for said account is Google, and accordingly, the provider of Kingsoft Office Online Service accounts mentioned in the Agreement may refer to the provider of any other account than WPS account or may refer to Kingsoft Office, depending on which account you utilize to access the Service).
- "Coins": refers to the expenditure converting unit introduced by Kingsoft Office solely for use within the Service; you can use Coins to redeem portions of paid items of Kingsoft Office Online Service that have been officially introduced or may be introduced soon . Kingsoft Office does not represent or warrant that you can use Coins to redeem all paid items of Kingsoft Office Online Service, and the restrictions on Coin redemption are subject to the terms and conditions, pop up boxes and other messages set forth in the Website, all of which are subject to change by Kingsoft Office. The process for obtaining Coins is set forth under the pertinent pages of WPS Premium Center, and in addition, you may also gain Coins via several other means as specified by Kingsoft Office from time to time (e.g. inviting other people to register, signing in your account, joining the activities organized by Kingsoft Office and/or by the third parties in collaboration with Kingsoft Office).
- "Privileges of Premium": refers to the promotion portfolio of part sub services included in the Service that may be enjoyed only by WPS premium users. The specific privileges available to WPS premium users are subject to the terms and conditions officially published on the website: https://store.wps.com , as updated by Kingsoft Office from time to time. You understand and acknowledge that Kingsoft Office reserves the right to add, delete, replace or adjust the types, numbers, time limit, contents, and forms of providing of the privileges that may be enjoyed by premium users.
- "Term of Membership": refers to the term of the WPS membership that you have selected, paid the membership dues and are qualified to enjoy; such term is subject to the term of membership you have independently selected and purchased. Please visit "My Center"[ https://store.wps.com/user/subscription ] for more details.
- "You"/"User"：refers to any natural person user who use any part or whole of the Service only after they carefully read and accepted all of the provisions of this Agreement, and any other applicable Kingsoft Office Online agreements (including but not limited to Privacy Protection Policy of Kingsoft Office, , etc., as published at https://www.wps.com/cloud-agreement and as may be updated from time to time).
- "Kingsoft Office":refers to Kingsoft Office Software, Inc. and its affiliated companies.
- "Affiliated Companies": refer to an entity (directly or indirectly) controlling, or controlled by or under common control with a party concerned. "Control" means ownership of more than 50% of management or decision-making power of a company (whether through voting, contract or any other means).
- "Chinese Mainland": refers to all of the areas within the territory of the People's Republic of China, only for the purposes clearly specified in the Agreement, and excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.
III. Service Fee
- The Service is deemed to be a part of Kingsoft Office Online Service, and if you want to use any part or whole of the Service, you shall read and abide by the Agreement as well as the any other Kingsoft Office agreements related to the Kingsoft Office Online Service that may be added subsequently and applicable to any or all of the service items under the Kingsoft Office Online Service (such agreements include, but are not limited to: User Statement for a Kingsoft Office Online Service Account, Privacy Protection Policy of Kingsoft Office, and User Agreement for WPS Premium Service etc., and all such agreements may be updated from time to time on the website: https://www.wps.com/privacy/cloudservice/ .You must carefully read and fully understand various articles of said aforesaid agreements, rules and regulations, especially the articles in respect of the limitation and liability exemption (the limitation or liability exemption articles in question may be highlighted in bold to attract your attention). If you need to open or use some specific services under the Service, you must read and agree to the pertinent articles or independent agreements (if any) applicable to such specific services. You have no right to use any part or whole of the Service unless you have read and accepted all of the provisions of all such agreements.
- In addition to and not in limitation of your agreement to this Agreement or any other Kingsoft Office Agreement via a click of "Accept the Agreement", “I Agree” or the like, any of the following also constitute your acceptance and agreement to this Agreement (and any other Kingsoft Office agreements applicable to the Service):
- 2.1. Clicking "Log in"; or
- 2.2. Actually using the Service; or
- 2.3. Actually using any product or service (if any) that comes together with the Service from Kingsoft Office.
- 2.4. Actually using any product or service (if any) that comes along with the Service provided by a third party.
- Before you proceed, Kingsoft Office strongly recommends that you print out or save the Agreement to your computer for your future reference.
- Your consent to the Agreement will be deemed to be your acknowledgment and consent to all stipulations of the Agreement (and any other Kingsoft Office agreements applicable to the Service) as well as your guarantee to fully abide by the Agreement (and any other Kingsoft Office agreements applicable to the Service).
IV. Modification of the AgreementYou understand and acknowledge that Kingsoft Office may update, modify or revise this Agreement at any time, including but not limited to as a result of changes in applicable law or regulation. After any such modification is made, Kingsoft Office will use commercially reasonable efforts to inform you of such changes (e.g. via a notice posted to the Website, a message provided through the Service, etc.). However, in some cases (e.g. modification made due to the requirements of applicable laws) Kingsoft Office may require the modifications to the Agreement to take effect immediately.If you do not agree to any modifications of this Agreement by Kingsoft Office, your sole remedy is to stop using any part or whole of the Service to which the modifications apply, and your continued use of any part or whole of the Service after the modification in question is made will be a deemed acceptance by you of the entire modified contents hereof.Kingsoft Office hereby suggests that you visit https://www.wps.com/privacy/cloudservice/ periodically to read the newest version of the Agreement, in order to know whether the Agreement has been modified and what has been modified. Except the modification by Kingsoft Office mentioned above, any other modification to this Agreement by you shall be deemed to be void, unless otherwise expressly specified in a written agreement between you and Kingsoft Office on the modification of this Agreement. For this purpose and for the sake of clarity, emails or other communications shall not constitute any valid written agreements for the purposes of any purported modification by you of this Agreement.V. Change/Expansion/Deletion of the Service
- You understand and acknowledge that you must pay to Kingsoft Office the applicable service fee for the chargeable part of the Service.The chargeable parts of the Service include, but are not limited to, the following: 1）Setting a charging standard in accordance with the applicable term of use and along with entering a payment method for Kingsoft Office to charge you the service fee; 2) Providing you some specific sub service, and setting the charging standard to charge service fee from you, and the sub service in question is referred to as the sub service charged separately in the Agreement; 3) You may subscribe the WPS Premium Service with the same or different membership for your different Kingsoft Office Online Service Accounts; provided that in such circumstance, the WPS Premium Service being part of one or more of your Kingsoft Office Online Service Accounts is deemed to be an independent services whose membership terms are calculated separately from your Kingsoft Office Online Service Accounts. You are not permitted to claim a refund from Kingsoft Office on the grounds of repeated subscriptions across Kingsoft Office Online Service Accounts. and 4）Other ways of charging fees that may be added in the future.You shall understand and acknowledge that each way of charging fees is formulated and adopted by Kingsoft Office in accordance with availability of the Service, and you can only use the part of the Service for which you have paid the applicable service fee(s) to Kingsoft Office in accordance with a specific way of charging as specified by Kingsoft Office, and you have no right to use the other part or whole of the Service for which you have not paid the applicable service fees under the applicable way of charging.
- Kingsoft Office reserves the right to revise and modify the way of charging, charging standards and methods of the service fee(s), and Kingsoft Office may also begin to charge for any free part of the Service. Prior to the aforesaid revision and modification or before the charging is officially begun, Kingsoft Office will make announcements in the pertinent service page via the Website and/or such other communication method as determined by Kingsoft Office.If you do not agree with any modification, revision or chargeable services, your sole remedy is to stop using such part of the Service.
- You shall understand that the service fee you have paid to Kingsoft Office does not include the cost arising to you to access the Service (including but not limited to your hardware and software costs, telecommunications costs, mobile phone fees, SMS fees, etc.).
VI. Launching, Suspension and Termination of the ServicePlease see the User Statement for Kingsoft Office Online Service Account for the terms and conditions applicable to the launching, suspension and termination of the Service.VII. Limitation of the Service
- You understand and accept, that Kingsoft Office may further expand the sub services included in the Service (such expanded sub services are included in the scope of the Service and are also subject to the Agreement), and the expanded sub services may subject to additional agreement(s) that are specially applicable to the expanded sub services, so please read carefully such agreement(s) (if any) before using said any such sub service.In this circumstance, you may begin to use the new sub services in question under the precondition that you have agreed to this Agreement (and any other Kingsoft Office agreements applicable to the Service), as well as any additional agreements specifically applicable to the expanded sub services. If you do not accept any additional agreements specifically applicable to the expanded sub services, you may not use the new sub services. Your use of any of the new sub services will be deemed to be your acceptance of this Agreement (and any other Kingsoft Office agreements applicable to the Service), as well as any additional agreements specifically applicable to the expanded sub services. You understand and acknowledge that, where there are any conflicts between the Agreement and any newly added special agreements with respect to the new sub services, such newly added agreements shall prevail with respect to the new sub services.
- The specific services included by the Service shall be as determined by Kingsoft Office, and Kingsoft Office reserves the right to adjust (including delete, replace, add) sub services provided and to modify the specific contents, standards, number of items, etc. of any service. Kingsoft Office may introduce, on the basis of any specific services included in the Service, the value-added functions and services that you are required to purchase separately, and in this circumstance, if you want to use said value-added functions and services, you shall pay to Kingsoft Office for purchasing any such value-added function and service at the price then provided by Kingsoft Office, as updated by Kingsoft Office from time to time.
VIII. Premium Store
- The method with respect to the registration, log in and use of the Service as officially published by Kingsoft Office is the only authorized method for registering, logging in and using the Service. Any other channel, measure or method used by you to access to the Service (including but not limited to the accounts, points, etc.) will be deemed to be unauthorized; Kingsoft Office reserves the right to deal with any unauthorized methods via deletion, cancellation, removal and account banning, etc. or any other methods as determined by Kingsoft Office in its sole discretion, and any unfavorable results or liabilities arising therefrom shall be borne solely by you.
- Anything to the contrary herein notwithstanding, the Service is only available for your own use, and you shall not partially or wholly transfer, assign, license and sub-license any part or whole of the Service to any other party.
- You shall not make use of the accounts, points, Coins, etc. of the Kingsoft Office Online Service by means of re-sale, replacement, leasing, lending, sublicensing, farming, transferring etc., and Kingsoft Office reserves the right to deal with any such improper usage by any means in Kingsoft Office’s sole discretion, including but not limited to: freezing points or Coins, deducting points or Coins, resetting points or Coins, and banning accounts.
- You understand and acknowledge that part of the sub services included in the Service may set limits on the amount of equipment utilized by you for the on-line use of such services at the same time and/or other restrictions concerning multiple logins or usage, and in the event that you have exceeded any such limit or restriction, Kingsoft Office reserves the right to terminate, modify or ban your account or take such other actions as Kingsoft Office determines in its sole discretion. Please refer to the any terms and conditions provided through the Service, including prompts shown when you use the Service, for the applicable limits of equipment type, logins allowed, usage restrictions, etc. to which you are subject to.
- The Premium Store refers to the collection of various third-party products and services (hereinafter referred to as "Store Products") that Kingsoft Office believes you may be interested in. The Store Products are produced and sold by third parties other than by Kingsoft Office. If you are interested in some Store Products, you may, by Coin redemption, ask Kingsoft Office process a purchase through the Premium Store. However, Kingsoft Office disclaims any obligations and responsibilities for your purchase of the Store Products and any such purchases are at your sole risk and obligation. Any purchase through the Premium Store is subject to and must be in accordance with the terms and conditions formulated by the third party sellers of the specific Store Products in question.
- In the event that you are not satisfied with any Store Products (for example, you want to return the products or cancel your subscription of the products, or acquire the service, repair, maintain or exchange the products), you must contact the third party sellers from the Premium Store instead of Kingsoft Office to solve the problems. Your sole remedies for any Store Products are with the applicable third party sellers in the Premium Store.
- For your convenience, Premium Store presents the pictures, description and other information with respect to the products (including price information). Kingsoft Office uses commercially reasonable efforts to provide the accurate description of the Store Products, but however, such pictures or description may not be complete or accurate, and there may be typos or misprints in the descriptions or price information. Therefore, Kingsoft Office cannot and does not guarantee that such pricing, pictures or description of the Store Products are accurate, complete, up-to-date or error-free.
- You acknowledge that Kingsoft Office reserves the right to present advertisements and promotion information in respect of the services/products introduced by Kingsoft Office or third parties when providing Services for you.
- The way, mode and scope of Kingsoft Office to present advertisements or promotion information in the Service may be modified without prior notice. You shall acknowledge that the content presented to you as a part of the Service, including but not limited to the advertisements in the Service and sponsored content of the Service, are the intellectual property of Kingsoft Office and its licensors and are by applicable law and regulation. You shall not revise, lease, rent, sell and distribute the such content (in whole or in part) or create any derivative works based on such content, unless otherwise expressly agreed by Kingsoft Office or its licensors in the pertinent agreements.
- Any of your communication or commercial exchanges with the advertising agencies, or promotion activities you joined or accessed via the Service, including the payment and delivery of pertinent products or services, as well as the terms and conditions, guarantees or statements with respect to the aforesaid transactions shall be fully deemed to solely be an interaction between you and said aforesaid advertising agencies, and therefore Kingsoft Office assumes no obligations with respect to such advertising agencies.
- In addition to and not in limitation of the provisions set forth herein, you agree that any losses or damages of any nature resulting from any aforesaid transactions or advertising agencies involved in the Service shall not be assumed by Kingsoft Office.
- You may be required to install the software of Kingsoft Office during the use of the Service; and under such a circumstance, you can only install the software after you have acquired the legal authorization of said software and install it within the scope of the authorization, and you may need to pay extra fee in order to gain such legal authorization. You understand that, even if you have paid for the use of any part or whole of the Service, your payment does not include any fees (if any) required for you to gain such legal authorization, and if there is a need to install and use said software, you shall read and agree to all of the articles provided in the agreements attached to or provided with said software, and shall pay to Kingsoft Office the authorization fee for said software in accordance with the charging policy formulated by Kingsoft Office.
- Kingsoft Office, with a view to improve user experience and safety of the Service and consistency of the product functions, may update the software provided by Kingsoft Office. If you have acquired the legal authorization of said software, you shall update the software to its latest version; Kingsoft Office makes no guarantee that the software will function properly or in an error free manner.
- In addition to using the Service via software, you may also utilize the pertinent website of Kingsoft Office (hereinafter referred to as "Website of the Service") to use the Service. The Website of the Service provides the pertinent services in accordance with your orders (including but not limited to the operation directly made by you on the Website of the Service, or the operation made by you to the client software on the premise of using the account and password of Kingsoft Office Online Service).
- When using the Service via the Website of the Service, you shall not: perform any behavior that may impose any unreasonable load or interference with the operation of the Website of the Service or the Service(including any network accessed in accordance therewith); upload, display, copy, issue, spread or transfer in other means any illegal or infringing information and data via the Website of the Service or the Service.
- In the event that you violate any provisions of this Agreement,
any other Kingsoft Office agreements applicable to the Service, and/or any other agreement between you and Kingsoft Office, Kingsoft Office reserves the right to ask you to correct your behaviors or directly take corresponding actions including but not limited to (a) shield, correct or cancel the pertinent contents stored under the Service; (b) stop providing service for you, and/or (c) terminate the part or whole of the Service available to you. Kingsoft Office undertakes no obligation to retain your pertinent contents stored in the Service, or transfer said contents to you or any third party specified by you. Any penalty, investigation, litigation, claim for compensation or demands that may be incurred or imposed by your acts or omissions, or any losses resulting from them shall be solely assumed by you at your own expense, and any resulting responsibilities shall also be independently undertaken by you. You shall indemnify, defend and hold Kingsoft Office harmless from and against any and all claims arising out of your use of the Service, your breach of this Agreement or any other Kingsoft Office agreements applicable to the Service, and/or any other agreement between you and Kingsoft Office or any other actions or omissions in connection with your use of the Service, and indemnify and hold Kingsoft Office (including its subsidiaries, affiliated companies, officers, agents, employees, advertisers and partners) harmless from and against all losses (including direct and indirect losses and damages however characterized) and all expenses therefrom (including legal cost, appraisal fee, and attorneys’ fees, other third-party professional agencies, etc.) where liabilities, damages (actual or indirect), losses and expenses (including legal and other disciplinary fees) are incurred by Kingsoft Office. In the event of such claims, Kingsoft Office will send you the notification on such claims, litigations and actions according to your contact information in your account. Even if you fail to receive such notification, your indemnification obligations hereunder shall not be eliminated or mitigated thereby.If the Service is terminated due to your violation of the Agreement or any other Kingsoft Office agreements applicable to the Service, and/or any other agreement between you and Kingsoft Office, anyservice fee already is paid by will not be refunded.
- Kingsoft Office shall not be liable for any failure or delay in providing any Services hereunder if such failure or delay is due to an act of God, fire, casualty, flood, war, terrorism, strike, lockout, labor trouble, computer viruses, Government shutdown, hacking, failure of public utilities, facility shutdown, injunction, epidemic, riot, insurrection or any other circumstances beyond the reasonable control of Kingsoft Office which prevents or delays performance by Kingsoft Office under this Agreement
- Geographic limitations. As discussed below, some Kingsoft Office Online Service Accounts and sub services there under may ONLY be utilized outside of the Chinese Mainland and some Kingsoft Office Online Service Accounts and sub services there under may ONLY be utilized within the Chinese Mainland. Please note that the Kingsoft Office Online Service Account specified in this Agreement or any other applicable Kingsoft Office Agreements can only be used to log into and use the Service provided to the users outside the Chinese Mainland, and you have no right to log into and use the service provided by the affiliated companies of Kingsoft Office and/or by any third party partners in collaboration with Kingsoft Office and its affiliated companies to the users in the Chinese Mainland; on the other hand, the WPS account and QQ account, Wechat account, Sina Microblog account and MI account registered from the Chinese Mainland can only be used by you to log into and use the service provided by the affiliated companies of Kingsoft Office and/or by any third party partners in collaboration with Kingsoft Office and its affiliated companies to the users in the Chinese Mainland, and you have no right to log in and use such service outside Chinese mainland. Kingsoft Office or its affiliated companies have the right to independently determine whether you are a user in the Chinese Mainland via the IP address, equipment identifier, etc. shown during your login or use of the Service
- Responsibility Exemption of Third PartyWhereas the provision of the Service depends on the services and resources provided by any other third party, your sole remedy, if any, is with such third party and not Kingsoft Office.
- Limited Warranty of Kingsoft Office
- 3.1. The following Limited Warranty is intended to replace any and all other warranties (if any) that may be found in any documents, packages, or other data, whatever clearly expressed or implied. And Kingsoft Office only provides the Service (including the current and subsequently added functions (if any)) AS IS and with all faults excluding only the foregoing.:
- 3.2. The products and services provided by Kingsoft Office shall conform, in all material respects, with the official documentation for such products and services published by Kingsoft Office, as updated by Kingsoft Office from time to time. In the event of a breach of this warranty, your sole remedy and Kingsoft Office’s sole obligation is to use commercially reasonable efforts to modify the products and services to be conforming, or to modify the documentation of Kingsoft Office;
- 3.3. Kingsoft Office, to the maximum extent allowed by the applicable laws and regulations, provides no other warranties, whatever clearly expressed or implied, including but not limited to any implied warranty of merchantability, reliability, accuracy, completeness, no virus and no error.
- 3.4. Kingsoft Office, to the maximum extent allowed by the applicable laws and regulations, neither warrants that the services and products provided by Kingsoft Office can definitely meet your requirements and expectation, nor warrants that the services and products will not be disrupted, or of the promptness, safety and no error of the services and products, or accurate, timely and smooth transmission of information.
- 3.5. To the maximum extent permitted by applicable law and regulation, in no event shall Kingsoft Office or its providers be liable to you or any third party for any indirect, incidental, consequential, special, punitive or any other damages (including without limitation, damages for property destroyed, loss of profits, loss of data, business interruption, breakdown or failure of any Device, loss of business information, privacy or security breach of the Service or otherwise regardless of whether or not such damages resulted from the failure to fulfill any responsibilities including good faith or due diligence, damages for negligence, or damages for monetary loss or any other losses), even if Kingsoft Office or its providers have been advised of the possibility of such damages. The foregoing disclaimers will apply even if any remedy hereunder fails of its intended purpose. To the maximum extent permitted by law, in no event shall Kingsoft or its providers be liable to you or pay any damages to you under this Agreement in excess in the fees paid by you to Kingsoft Office for the specific portion of the Service giving rise to the liability in the three (3) months prior to the act giving rise to the liability. In addition, Kingsoft Office will not be liable for any claim or damage arising from the content provided by you or a third party and utilized via the Service or any other content related thereto. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
- No Third-party BeneficiaryThe Agreement is made and concluded out of your and Kingsoft Office's interests. Except for permitted assigns and successors, the Agreement is not made and concluded for the benefit of any other party.
- Export ControlThe export or use of this Service shall be in accordance with all applicable laws and regulations, which include various restrictions on destinations, end users and end usage.
- The whole or part contents of some sub services under the Service may be derived from the other third-party partners, and such contents may be cancelled due to the termination or modification of Kingsoft Office’s agreement with such third party partners. To the extent any such cancellations or terminations affect the service fees you have paid to Kingsoft Office for such third party services, Kingsoft Office will use commercially reasonable efforts to negotiate with the third parties, and if the third parties agree, you can continue using the sub services in question until all of the service fees you have paid have been utilized; however, if any such third parties do not agree that you may continue using such sub services, Kingsoft Office will deduct a certain percentage of service fee in accordance with the circumstances as determined by Kingsoft Office, and shall refund the remaining pre-paid service fee for such third party service. Under such a circumstance, Kingsoft Office reserves the right to determine the percentage of such deduction in its sole discretion.
- If you do not agree to any of independent agreements, rules, etc. (if any) attached to and specially applied to any sub service under the Service, you have no right to use the sub service, even if you have accepted this Agreement and have fully paid the required service fee, and under such a circumstance, Kingsoft Office is not obligated to refund to you any such service fee.
- The font library and fonts herein provided by the Online Font Service that you have acquired free of charge or purchased shall be only limited to the non-commercial use by you, and shall be neither copied, issued, sold and leased by you to any third party or for the benefit of any third party, nor spread, translated, promised for sale, provided, permitted and used via information network, or used in whatever other kinds of means.
- Resources acquired by your use of any sub services included in the Service (including but not limited to the font library and fonts herein acquired via your use of the Online Font Service) can only be used by you in accordance with the Agreement as well as the pertinent agreements, business rules, etc. attached to the specific sub services included in the Service.Kingsoft Office reserves the right to terminate your authorization of using any part or whole of such resources via notice, in accordance with the Article XIII of the Agreement, even if you have acquired and paid for such resources/or you have downloaded such resources to the local storage space and/or have revised such resources and formed them into any new work. Once Kingsoft Office has sent the notice terminating the authorization you have acquired to use any part or whole of such resources in accordance with the Article XIII of the Agreement, you shall no longer use any part or whole of such resources in whatever means (including but not limited to the use of any part or whole of such resources stored in the local storage space, or use of new work formed based on any part or whole of such resources, or use of any tangible or intangible components containing any part or whole of such resources, and Kingsoft Office has no obligation to refund any fee (if any) that you have paid therefor.
- Where there are any disagreements and conflicts between this Article XII of the Agreement and any other article hereof, Article XII shall prevail.
XIV. Governing Law; Arbitration
- All of the notices to you will be sent via the website with respect to the Service, email, ordinary messages or SMS. Other important matters may also be informed via the aforesaid methods.
- Such notices shall be deemed as having been sent to the recipients on the date of sending or announcement. Kingsoft Office shall bear no any responsibilities for the failure of the email you provided to receive the notices sent by Kingsoft Office due any reason, including but not limited to: such email becomes invalid or it has email filtering or blocking enabled.
XV. MiscellaneousDo not hesitate to contact Kingsoft Office via firstname.lastname@example.org if you have any opinion or suggestion on any part of the Service or Agreement.
- This Agreement will be governed by the internal substantive laws of the State of California without regard to its conflicts of laws provisions. The United Nations Convention on Contracts of International Sales of Goods also does not apply to this Agreement. The English version is the official version of this Agreement, and other language versions (in any) of this Agreement are just for your reference. Should there be any discrepancy between English version and version of any other language, the English version shall prevail
- Except as otherwise provided in this Agreement, the exercise by any party of its remedies under this Agreement shall not prejudice any other remedies which may be available pursuant to this Agreement or otherwise. If any provision of this Agreement is held to be unenforceable or invalid, it will be executed to the fullest extent possible, whilst the other provisions shall continue in effect. This Agreement, together with the other Kingsoft Agreements, constitutes the entire and exclusive understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings or communications relating to this subject either in oral or written form
- You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Services or this Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your subscription.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- By using the Services, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications through the Service and are part of your relationship with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as information about features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply contact us as provided on the Official Website. Please review our Privacy Protection Policy of Kingsoft Office for further detail on our marketing communications.