The following terms and conditions govern all use of the
cheongster.me website and all content, services and products available at or through the website, including, but not limited to,
cheongster.me Forum Software,
cheongster.me Support Forums and the
cheongster.me
Hosting service (“Hosting”), (taken together, the Website). The Website
is owned and operated by Cheongster ME (“Cheongster”). 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,
cheongster.me’s
Privacy Policy and
Community Guidelines) and procedures that may be published from time to time on this Site by Cheongster (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 Cheongster, acceptance is
expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
1. Your Cheongster.me 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 Cheongster of any unauthorized uses of your account or any other
breaches of security. Cheongster 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;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and
effects of the materials, whether requested to do so by Cheongster or
otherwise.
3. User Content License
User contributions are licensed under a
Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
Without limiting any of those representations or warranties, Cheongster
has the right (though not the obligation) to, in Cheongster’s sole
discretion (i) refuse or remove any content that, in Cheongster’s
reasonable opinion, violates any Cheongster 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 Cheongster’s
sole discretion. Cheongster 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
Cheongster 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 Cheongster 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
Support Services
Optional Support services may be provided by Cheongster
under the terms and conditions for each such service. By signing up for a
Support services account, you agree to abide by such
terms and conditions.
6. Responsibility of Website Visitors
Cheongster 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, Cheongster 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. Cheongster
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 which
cheongster.me links, and that link to
cheongster.me. Cheongster does not have any control over those
non-cheongster.me websites and webpages, and is not responsible for their contents or their use. By linking to a
non-cheongster.me
website or webpage, Cheongster does not represent or imply that it
endorses such website or webpage. 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. Cheongster disclaims any responsibility for any harm resulting
from your use of
non-cheongster.me websites and webpages.
8. Copyright Infringement and DMCA Policy
As Cheongster asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you
believe that material located on or linked to by
cheongster.me
violates your copyright, and if this website resides in the USA, you
are encouraged to notify Cheongster in accordance with Cheongster’s
Digital Millennium Copyright Act
(“DMCA”) Policy. Cheongster will respond to all such notices, including
as required or appropriate by removing the infringing material or
disabling all links to the infringing material. Cheongster 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
Cheongster or others. In the case of such termination, Cheongster will
have no obligation to provide a refund of any amounts previously paid to
Cheongster.
9. Intellectual Property
This Agreement does not transfer from Cheongster to you any
Cheongster or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the
parties) solely with Cheongster. Cheongster,
cheongster.me, the
cheongster.me logo, and all other trademarks, service marks, graphics and logos used in connection with
cheongster.me,
or the Website are trademarks or registered trademarks of Cheongster or
Cheongster’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 Cheongster or third-party trademarks.
10. Advertisements
Cheongster reserves the right to display advertisements on your
content unless you have purchased an Ad-free Upgrade or a Services
account.
11. Attribution
Cheongster reserves the right to display attribution links such as ‘Powered by
cheongster.me,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the
cheongster.me toolbar may not be removed regardless of upgrades purchased.
12. Changes
Cheongster 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. Cheongster 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
Cheongster 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 your
cheongster.me
account (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
The Website is provided “as is”. Cheongster and its suppliers and
licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement.
Neither Cheongster nor its suppliers and licensors, makes any warranty
that the Website will be error free or that access thereto will be
continuous or uninterrupted. If you’re actually reading this, here’s
a 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
In no event will Cheongster, or its suppliers or licensors, be liable
with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable
theory for: (i) any special, incidental or consequential damages; (ii)
the cost of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to Cheongster under this
agreement during the twelve (12) month period prior to the cause of
action. Cheongster shall have no liability for any failure or delay due
to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
16. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Cheongster
Privacy 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 Cheongster, 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
This Agreement constitutes the entire agreement between Cheongster
and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of
Cheongster, or by the posting by Cheongster of a revised version. Except
to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website will be governed by the
laws of the state of California, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts located
in San Francisco County, California. Except for claims for injunctive
or equitable relief or claims regarding intellectual property rights
(which may be brought in any competent court without the posting of a
bond), any dispute arising under this Agreement shall be finally settled
in accordance with the Comprehensive Arbitration Rules of the Judicial
Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators
appointed in accordance with such Rules. The arbitration shall take
place in San Francisco, California, in the English language and the
arbitral decision may be enforced in any court. The prevailing party in
any action or proceeding to enforce this Agreement shall be entitled to
costs and attorneys’ fees. If any part of this Agreement is held invalid
or unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. You may assign
your rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; Cheongster may assign
its rights under this Agreement without condition. This Agreement will
be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.
