Effective Date: August 13, 2014
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS, AS MODIFIED AND SET FORTH BELOW. CHANGES BECOME EFFECTIVE AND BINDING IF YOU USE THE SITE AFTER SUCH CHANGES ARE MADE, AND SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY SUCH CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THESE TERMS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE.
I. Use of the Site
The Site is provided for informational, personal, and internal business use only. The Site does not constitute professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes. You may only access and use this Site and its services if you are at least 18 years of age. Use of the Site is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. Except as provided in these Terms, any other use of the Site or the content provided on the Site is prohibited. All rights not expressly granted in these Terms are reserved.
The Site is administered in the United States and intended for U.S. users. If you are located outside of the United States, your use of the Site is at your own risk and initiative and you, not us, are responsible for compliance with any applicable laws in your country. By using the Site, participating in any Site activities, and/or providing us with your information, you (a) understand that while we do not intend to collect any of your personal information through your use of the Site, we will however use reasonable efforts to protect your personal information in the event that you transfer any of your personal information to us through your use of the Site; (b) consent to the transfers and processing of any information you provide to the Site; (c) acknowledge that U.S. law provides a lower standard of protection for data than the laws of various countries, which may include your country; and (d) understand that the Site will deal with your information in accordance with U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.
We reserve the right to revoke any of the rights granted in these Terms at any time, and those rights automatically terminate if you violate any of these Terms. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions.
You may not use the Site in such a manner as to violate any applicable law. When using the Site, you agree to comply with applicable federal, state, and local laws including, without limitation, intellectual property laws, laws relating to the rights of privacy and rights of publicity, and laws related to defamation. You may not use the Site for the purposes of destroying, disrupting, or interrupting any software, hardware, or any part of the Internet, with respect to Huya or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. You may not use any robot, spider, or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Huya. You may not use the Site or any of its functionality to send bulk emails to any person or email list.
III. Ownership of Materials
All materials on the Site that are created or provided by Huya and its licensors, including text, graphics, logos, icons, and images, and the compilation of all the content, are the property of Huya or its licensors, and are protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only. Except as provided above or otherwise permitted by Huya in a separate agreement executed by Huya, you may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content available through the Site, including, without limitation, any articles, guides, brochures, data, research, promotions, programs, ideas, or other posts, information, text, source code, specifications, images, audio files, or manuals (collectively, the “Content”).
All trademarks, service marks, and logos that appear on the Site (the “Marks”) are proprietary to Huya or their respective owners. You may not use, display, or reproduce the Marks other than with the prior written consent of Huya, and you may not remove or otherwise modify any trademark, patent, copyright, and other proprietary notices from any Content received through the Site.
IV. Links to Other Websites
The Site may contain links to websites and other resources operated by third parties other than Huya. Such links are provided solely as a convenience to you. Huya has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Our inclusion of links to such websites does not imply any endorsement of any website, or the content, products or services offered through any website, or of any company or person. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
V. Electronic Communications
When you use the Site and/or send emails to Huya, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You consent to receive such electronic communications, and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when posted or sent to the email address from which you otherwise email us.
VI. Termination and Modification
We reserve the right to refuse, restrict, discontinue, terminate or modify the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.
You agree to indemnify, defend and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
VIII. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES, CONTENT, DATA, OR INFORMATION SECURITY MEASURES, OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.
IX. Governing Law; Dispute Resolution
These Terms are governed by laws of the state of California, without respect to its conflict of laws principles that would result in the application of the laws of another jurisdiction. The sole jurisdiction and venue for any claim arising from the Services and these Terms shall be the state and federal courts located in San Diego, California and each party hereby consents to the exclusive jurisdiction and venue of such courts.
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
X. General Provisions
The English version of the Terms will be the version used when interpreting or construing the Terms. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event that any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.