OpenAtom Foundation Website Terms of Use

When any network user (hereinafter referred to as "You") aaccesses, browses and uses the OpenAtom Foundation website (hereinafter referred to as this "Website") in any form, You should apply all the following terms:

1. Terms of Use

By accessing and using this Website, You agree to these Terms of Use; if You do not agree to these Terms of Use, please stop accessing and using this Website. To the extent permitted by law, this Website reserves the right to change the content of these Terms of Use at any time at its sole discretion, for which You are responsible for periodically checking the changes to these Terms of Use. If You continue to use this Website after the release of information about changes to these Terms of Use, You will be deemed to agree to and accept such changes.

2. Website Information and Description

This Website is managed and operated within the territory of the People's Republic of China. Despite being globally accessible, not all the functions, contents or services posted, discussed, provided or offered through or on this Website are available to or in locations. If You choose toaccess this Website from a country or region outside of China, You do so at your own risk and are in charge of complying with any applicable local laws in that location.

3. Website Content

All the texts, images, sounds, videos, animations, trademarks, graphics, diagrams, visual interfaces and computer codes (hereinafter collectively referred to as "Contents") contained onin this Website, including but not limited to their creative ideas, design, structures, manifestation modes, presentation outcomes, and other aspects, are completely owned and controlled by this Website or used with the legal authorization from this Website. Except as expressly permitted in these Terms of Use, You may not use the Contents of this Website in any way for any commercial purpose without the prior written consent of OpenAtom Foundation. You are permitted to download information from this Website relating to Contents and services , provided that the following conditions have been satisfied:

• (1) using such information only for personal purposes, rather than commercial purposes;
• (2) making no change to such information;
• (3) making no further representation and warranty for such information and the documents containing it;
• (4) not removing any statement or notification indicating the ownership as well as other legal rights and interests of this Website.

4. Usage Rules

You shall not use this Website for any illegal purpose or any purpose prohibited by these Terms of Use, nor shall You use this Website and its Contents to infringe the legal rights and interests of other organizations or individuals. You shall not access, obtain, copy or monitor any part or any Content of this Website by using any form of device, program, algorithm, or any identical or similar manual program, including crawlers, Robot protocols, deep linking or web scraping, nor shall You access, obtain or reproduce any material, document or information posted on this Website by any means other than those as provided by this Website. You shall not attempt to access any Content of this Website or use any services provided on this Website without authorization by trespassing, password cracking or using any other illegal means. You shall not trace, reverse lookup, crack or decipher any customer information on this Website, including but not limited to any account registered on this Website that is not held by You. You shall not violate any network security mechanism or authentication measures of this Website or any website linking to this Website, nor shall You detect, scan or test any network vulnerability of this Website or any website linking to this Website, or launch any form of cyber-attack against this Website. You agree not to use any device, software or program to interfere or attempt to interfere with the regular operation of this Website or any transactions conducted on this Website, or interfere or attempt to interfere with the use of this Website by other individuals. You shall not take any action to store an unreasonably or disproportionately mass of data on the infrastructure, system or network of this Website, or the systems or networks linking to this Website.

5. Account, Password and Security

You may need to register/log into your account first to access certain functions or services provided by this Website. You are fully responsible for keeping the confidentiality of your account information (including but not limited to your account password, etc.); in addition, You shall be fully responsible for any and all actions that occur under your account as a result of your failure to keep the security and confidentiality of your information. In the event that You find any unusual activity on your account (including but not limited to password tampering, unauthorized login or usage by others, etc.), You shall notify this Website immediately. If You fail to keep the confidentiality of your account information, which causes your account on this Website to be used by others and thereby result in losses to this Website or other users of this Website, You may be liable for compensating for such losses. You shall never use another person’s account on this Website without the express permission and consent of the account holders of this Website. This Website is not responsible for any loss incurred by You or others as a result of your breach of this Clause’s requirements.

6. External Links

This Website may contain links to other independent third-party websites; these links are only provided for the convenience of this Website’s users in accessing those websites. This Website does not provide any express or implied warranties for the content, services, information and other aspects of the linked websites, and such links do not mean that this Website endorses or authorizes such linked websites. You need to make your own independent judgment in your own discretion with the aforesaid linked websites, for which this Website disclaims any responsibility.

7. Privacy

The privacy policy of this Website shall be applicable to the user behaviors of this Website, the details of which could be checked in "Privacy Policy" at the bottom of each webpage. The "Privacy Policy" aims to help You understand what kinds of information the Website of OpenAtom Foundation collects, why it does so, and how it uses, accesses, modifies, discloses and deletes your personal information. Please take note that You are aware and agree that the network connection and data transmission between You and this Website is not absolutely secure or confidential, that the information and data you send to this Website may be intercepted by others, and that this Website cannot guarantee the security and privacy of any information and data You provide to this Website.

8. Reservation of Rights

This Website reserves the right to perform the following actions at any time without notification:

• (1) suspending or terminating the operation and access of this Website in whole or in part for any reason;
• (2) modifying or changing all or partial Contents of this Website as well as its applicable policies or terms;
• (3) interrupting the operation and access of this Website in whole or in part when necessary for regular or non-scheduled maintenance, error correction or other changes in circumstances, etc.

9. Disclaimer

This Website and its Contents are provided on an "AS IS" basis. Although this Website intends to provide information as accurate as possible and services as convenient as possible, OpenAtom Foundation provides no warranty, in any form, on the ownership, availability, continuity, accessibility, correctness, completeness, reliability, timeliness, non-infringement of intellectual property rights and third-party rights of the Contents and services contained in this Website. You shall take full responsibility for your use of this Website and any linked website. If You are dissatisfied with the entire or partial Contents of this Website, the sole remedy for You is to stop using this Website in whole or in part, and such remedy limitations constitute a part of the agreement between You and this Website.

10. Limitation of Liability

EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THIS WEBSITE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES RELATED TO ANY USE OF THIS WEBSITE, THE CONTENTS, OR ON ANY OTHER LINKED WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, EVEN IF THIS WEBSITE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE FULL OR MAXIMUM LIABILITY OF OPENATOM FOUNDATION AND ITS PARTNERS FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF THIS WEBSITE SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES OR SIMILAR FEES RELATING TO YOUR USE OF ANY SERVICE OR FUNCTION OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold OpenAtom Foundation, its directors, senior officers, employees, agencies, partners, agents and licensors, harmless from damages caused by any request, loss, liability, claim or expense (including attorney's fees), made against OpenAtom Foundation by any third party arising out of or in connection with your use of this Website.

12. Independent Remedies

The stipulations of Article 10 - "Limitation of Liability" and Article 11 - "Indemnification" of these Terms of Use shall take effect respectively and independently (even if it is identified as unable to achieve its basic purpose or be enforced according to law). To the extent permitted by the relevant applicable law, the limitations of legal liabilities as specified in Articles 10 and 11 shall apply regardless of whether the losses are caused by the following reasons:

• (1) breach of contract;
• (2) violating warranties;
• (3) fault or tort, including negligence and misrepresentation;
• (4) strict liability;
• (5) any other reasons.

13. Breach of These Terms of Use

You agree that if this Website deems that You have breached these Terms of Use, this Website may terminate your access to this Website in its sole discretion and without prior notice. OpenAtom Foundation takes no liability to You or any third party for the termination by this Website of your access to this Website due to any breach of these Terms of Use. You agree that this Website may, in its sole discretion terminate your access to all or partial functions of this Website without prior notice for the following reasons, including but not limited to:

• (1) requests from law enforcement agencies or other government agencies;
• (2) being at your request (if You request to delete your account, then certain functions may be not available any more);
• (3) suspension or material alteration of this Website or any service provided by this Website; or
• (4) unexpected technical problems.

14. Governing Law and Jurisdiction

The establishment, performance, interpretation and dispute resolution of these Terms of Use shall be governed by the laws of the People’s Republic of China without reference to principles of conflicts of law. The signing place of these Terms of Use is Haidian District, Beijing. Any dispute between the Parties concerning the content or performance of these Terms of Use, the Parties shall endeavor to resolve such dispute through amiable negotiations firstly; in case such dispute fails, either Party may bring a lawsuit to the people's court with jurisdiction where these Terms of Use are signed.

15. Miscellaneous

These Terms of Use constitute the basic agreement between You and OpenAtom Foundation concerning your use of this Website, and unless otherwise stipulated in other agreements signed between You and OpenAtom Foundation, this Website does not accept any counter-offer to these Terms of Use, and hereby expressly reject any and all counter-offers. Failure of this Website to insist on or mandatory demand strict performance of these Terms of Use shall not be deemed as this Website's waiver of any Content of these Terms of Use or the exercise of any right in these Terms of Use, and any conduct between this Website and You or any other third party shall not be deemed as an amendment to any provision of these Terms of Use.