Terms of Service
Last Updated: February 04, 2017
Thank you for using No.1 Translator. No.1
Translator is operated by No.1 Translator Studio, a
cooperation based in HK. These Terms of Service (the ¡°Terms¡±) govern
your use of all available No.1 Translator Services and Apps (¡°No.1 Translator¡±),
so please read them carefully before using No.1 Translator.
By using No.1 Translator, you agree to be
bound by these Terms. If you don¡¯t agree to these Terms, do not use No.1
Translator. If you are using No.1 Translator on behalf of an organization (such
as your employer), you are agreeing to these Terms for that organization, and
are indicating that you have the authority to bind that organization to these
Terms. In that case, ¡°you¡± and ¡°your¡± will refer to that organization.
We may revise the Terms from time to time.
Changes may be posted to our blog and within our Apps, so please check that
regularly. The most current version will always be posted on our Terms page. By
continuing to use No.1 Translator after revisions
become effective, you agree to be bound by the revised Terms. If you do not
agree to the new Terms, please stop using No.1 Translator.
Your Information and Responsibilities
To use No.1 Translator, you optionally can
create an account, either via No.1 Translator or through your account with a
third-party service such as Facebook. In the latter case, your No.1 Translator
account will be created using the information you provided to that service,
such as your name and email address and other personal information that your
privacy settings on that service permit us to access.
You may use No.1 Translator only if you are
13 years or older and are not barred from using No.1 Translator under
applicable law.
You are responsible for safeguarding the
password that you use to access No.1 Translator. You are responsible for any
activity on your account, whether or not you authorized that activity. You
should immediately notify No.1 Translator of any unauthorized use of your
account.
By using No.1 Translator, you provide us with
text, graphics, images and other information (¡°your content¡±). You retain full
ownership to your content. No.1 Translator does not claim any ownership rights
to your content. However, you are also solely responsible for your content. You
indicate that you own or have the necessary rights to all of your content, and
that use of your content does not infringe, misappropriate or violate a third
party¡¯s intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
No.1 Translator Intellectual Property
Rights
No.1 Translator and its licensors
exclusively own No.1 Translator, including all associated intellectual property
rights. You acknowledge that No.1 Translator is protected by
copyright, trademark, and other laws of HK, the United States and other foreign
countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or
notices incorporated in or accompanying No.1 Translator.
No.1 Translator grants you a limited,
non-exclusive, non-transferable license to view, copy, and display No.1
Translator solely in connection with your permitted use of No.1 Translator.
General Prohibitions
You agree not to do—or attempt to
do—any of the following:
Probe, scan, or test the vulnerability of
any No.1 Translator system or network or breach any security or authentication
measures;
Access, tamper with, or use non-public
areas of No.1 Translator, No.1 Translator¡¯s computer systems, or the technical
delivery systems of No.1 Translator¡¯s providers;
Decipher, decompile, disassemble or reverse
engineer any of the software used to provide No.1 Translator;
Interfere with, or attempt to interfere
with, the access of any user, host or network, including sending a virus,
overloading, flooding, spamming, or mail-bombing No.1 Translator;
Access or search No.1 Translator or
download any intellectual property from No.1 Translator through the use of any
engine, software, tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than our publicly supported
interfaces;
Plant malware or use No.1 Translator to
distribute malware;
Send any unsolicited communications,
promotions, advertisements or spam;
Send altered, deceptive or false
source-identifying information, including ¡°spoofing¡± or ¡°phishing¡±;
Post or transmit anything that is
fraudulent or misleading, or that infringes on others' rights;
Impersonate or misrepresent your
affiliation with any person or entity;
Violate the privacy of others;
Violate any applicable law or regulation;
or
Encourage or enable any other individual to
do any of the above.
Although we¡¯re not obligated to monitor
access to or use of No.1 Translator or your content or to review or edit any of
your content or the intellectual property of other No.1 Translator users, we
have the right to do so for the purpose of operating No.1 Translator, to ensure
compliance with these Terms, or to comply with applicable law or other legal
requirements. We reserve the right, but are not obligated, to remove or disable
access to any of your content, at any time and without notice, including, but
not limited to, if we, at our sole discretion, consider any of your content to
be objectionable or in violation of these Terms. We have the right to investigate
violations of these Terms or conduct that affects No.1 Translator. We may also
consult and cooperate with law enforcement authorities to prosecute users who
violate the law.
DMCA/Copyright Policy
We respect copyright law and expect you to
do the same. It's our policy to terminate those accounts that repeatedly
infringe or are believed to be repeatedly infringing the rights of copyright
holders.
Termination
We may suspend No.1 Translator or terminate
your access to and use of No.1 Translator, at our sole discretion, at any time
and without notice to you. For example, we may suspend or terminate your use if
you are not complying with these Terms, or use No.1 Translator in any way that
would cause us legal liability or disrupt others¡¯ use of No.1 Translator. If we
suspend or terminate your use, we will try to let you know in advance and help
you retrieve data, though there may be some cases (for example, repeatedly or
flagrantly violating these Terms, a court order, or danger to other users)
where we may suspend immediately. You may cancel your account at any time by
sending an email to yihaoapptest@sina.com.
Warranty Disclaimers
NO.1 TRANSLATOR OR OUR LICENSORS'
INTELLECTUAL PROPERTY ARE PROVIDED ¡°AS IS,¡± WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT NO.1 TRANSLATOR WILL MEET
YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY,
ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR
INTELLECTUAL PROPERTY.
Indemnity
You will indemnify and hold harmless No.1
Translator and its officers, directors, employees and agents, from and against
any claims, disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable legal and accounting fees,
arising out of or in any way connected with (i) your
access to or use of No.1 Translator or our licensors' intellectual property;
(ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER NO.1 TRANSLATOR NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING NO.1 TRANSLATOR, INCLUDING OUR
LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL,
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM
THE USE OF OR INABILITY TO USE NO.1 TRANSLATOR OR OUR LICENSORS' INTELLECTUAL
PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NO.1 TRANSLATOR
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
IN NO EVENT WILL NO.1 TRANSLATOR¡¯S TOTAL
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF
OR INABILITY TO USE NO.1 TRANSLATOR OR TO ACCESS YOUR CONTENT EXCEED THE
AMOUNTS YOU HAVE PAID TO NO.1 TRANSLATOR FOR USE OF NO.1 TRANSLATOR OR TWENTY
DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NO.1 TRANSLATOR,
AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NO.1 TRANSLATOR AND YOU.
GOVERNING LAW
These Terms and any action related thereto
will be governed by the laws of the HK without regard to its conflict of laws
provisions.
General Terms
These Terms constitute the entire and
exclusive understanding and agreement between No.1 Translator and you regarding
No.1 Translator, and these Terms supersede and replace any and all prior oral
or written understandings or agreements between No.1 Translator and you regarding
No.1 Translator, except that if you become a party to No.1 Translator's
Business Agreement, either before or after reviewing these Terms, the terms and
conditions of the Business Agreement will govern over any conflicting
provisions herein. If for any reason a court of competent jurisdiction finds
any provision of these Terms invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and the other provisions of these
Terms will remain in full force and effect.
You may not assign or transfer these Terms,
by operation of law or otherwise, without No.1 Translator¡¯s prior written
consent. Any attempt by you to assign or transfer these Terms, without such
consent, will be null and of no effect. No.1 Translator may freely assign or
transfer these Terms without restriction. Subject to the foregoing, these Terms
will bind and inure to the benefit of the parties, their successors and
permitted assigns.
Any notices or other communications
provided by No.1 Translator under these Terms, including those regarding
modifications to these Terms, will be given: (i) by No.1
Translator via email; or (ii) by posting to our website. For notices made by
e-mail, the date of receipt will be deemed the date on which such notice is
transmitted.
No.1 Translator¡¯s failure to enforce any
right or provision of these Terms will not be considered a waiver of those
rights. The waiver of any such right or provision will be effective only if in
writing and signed by a duly authorized representative of No.1 Translator.
Except as expressly set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise.
Contact Information
If you have any questions about these
Terms, please contact us at: