The following terms and conditions govern all use of thewww.i494.comwebsite and all content, services and products available at or through the website, including, but not limited to,www.i494.comForum Software,www.i494.comSupport Forums and thewww.i494.comHosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by BetterExplained (“BetterExplained”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation,www.i494.com’sPrivacy PolicyandCommunity Guidelines) and procedures that may be published from time to time on this Site by BetterExplained (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BetterExplained, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your www.i494.com Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify BetterExplained of any unauthorized uses of your account or any other breaches of security. BetterExplained will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • 您的内容命名方式不会误导您的读者认为您是另一个人或公司;and
  • 对于包含计算机代码的内容,您已准确分类和/或描述了材料的类型、性质、用途和效果,无论betterexplain是否要求您这样做。

3. User Content License

User contributions are licensed under aCreative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, BetterExplained has the right (though not the obligation) to, in BetterExplained’s sole discretion (i) refuse or remove any content that, in BetterExplained’s reasonable opinion, violates any BetterExplained policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BetterExplained’s sole discretion. BetterExplained will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal

General Terms

Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay BetterExplained the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal

Unless you notify BetterExplained before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by BetterExplained under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

6. Responsibility of Website Visitors

BetterExplained has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BetterExplained does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BetterExplained disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to whichwww.i494.comlinks, and that link towww.i494.com. BetterExplained does not have any control over thosenon-www.i494.comwebsites and webpages, and is not responsible for their contents or their use. By linking to anon-www.i494.combetterexplain不代表或暗示其认可该等网站或网页。您有责任采取必要的预防措施来保护您自己和您的计算机系统免受病毒、蠕虫、特洛伊木马和其他有害或破坏性内容的伤害。BetterExplained disclaims any responsibility for any harm resulting from your use ofnon-www.i494.comwebsites and webpages.

8. Copyright Infringement and DMCA Policy

BetterExplained要求别人尊重自己的知识产权,它也尊重别人的知识产权。If you believe that material located on or linked to bywww.i494.comviolates your copyright, and if this website resides in the USA, you are encouraged to notify BetterExplained in accordance with BetterExplained’sDigital Millennium Copyright Act(“DMCA”) Policy. BetterExplained will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BetterExplained will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BetterExplained or others. In the case of such termination, BetterExplained will have no obligation to provide a refund of any amounts previously paid to BetterExplained.

9. Intellectual Property

本协议不向您转让better explain或第三方的任何知识产权,且该等产权的所有权利、所有权和权益(如双方之间)仅属于better explain。BetterExplained,www.i494.com, thewww.i494.comlogo, and all other trademarks, service marks, graphics and logos used in connection withwww.i494.com, or the Website are trademarks or registered trademarks of BetterExplained or BetterExplained’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BetterExplained or third-party trademarks.

10. Advertisements

BetterExplained reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.

11. Attribution

BetterExplained reserves the right to display attribution links such as ‘Powered bywww.i494.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and thewww.i494.comtoolbar may not be removed regardless of upgrades purchased.

12. Changes

BetterExplained reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BetterExplained may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

BetterExplained may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or yourwww.i494.comaccount (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

本网站以“现状”提供。betterexplain及其供应商和许可人在此放弃任何形式的明示或默示保证,包括但不限于适销性、适合某一特定目的和不侵权的保证。betterexplain及其供应商和许可方均不保证本网站不会出现错误,或网站的使用将是连续或不间断的。If you’re actually reading this, here’sa treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Limitation of Liability

在任何情况下,betterexplain或其供应商或许可方均不对本协议的任何标的物根据任何合同、过失、严格责任或其他法律或衡平法理论就:(i)任何特殊的、附带的或相应的损害承担责任;(ii)替代产品或服务的采购成本;(iii)数据的使用中断或丢失或损坏;或(iv)在诉因发生前的十二(12)个月期间,超出您在本协议项下支付给betterexplain的费用的任何款项。对于超出其合理控制范围的事项导致的任何失败或延迟,betterexplain不承担责任。上述规定不适用于适用法律所禁止的范围。

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the BetterExplainedPrivacy Policy,Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless BetterExplained, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Miscellaneous

本协议构成betterexplain与您就本协议主题事项达成的完整协议,且仅可通过betterexplain授权高管签署的书面修正案或betterexplain发布修订版本进行修改。除适用法律(如有)另有规定外,本协议的任何访问或使用本网站的行为均受美国加利福尼亚州法律管辖,不包括其冲突法律条款,由任何此类法律引起的或与之相关的任何争议的适当审判地点将为位于加利福尼亚州旧金山县的州法院和联邦法院。除禁令救济或衡平法救济或有关知识产权的索赔(可在不缴纳保证金的情况下向任何有管辖权的法院提起)外,在本协议项下产生的任何争议应由根据该等规则指定的三名仲裁员按照司法仲裁和调解服务公司(“JAMS”)的《综合仲裁规则》最终解决。仲裁应在加州旧金山进行,使用英语,仲裁裁决可在任何法院强制执行。在执行本协议的任何诉讼或程序中,胜诉方有权获得诉讼费和律师费。如果本协议的任何部分被认为无效或不可执行,该部分将被解释为反映双方的原始意图,其余部分将保持完全有效。任一方对本协议的任何条款或条件的放弃或对本协议的任何违约,在任何情况下,均不免除该等条款或条件或随后的任何违约。您可以将您在本协议项下的权利转让给任何同意并同意受本协议条款与条件约束的一方;betterexplain可无条件转让其在本协议项下的权利。本协议对双方、其继承人和获准受让人具有约束力,并符合其利益。

本文档为CC-BY-SA。最后一次更新是在2013年5月31日。

Originally adapted from theWordPress Terms of Service.