Taskcity - Terms of Service
- 1.1 Your use of Taskcity services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Taskcity under a separate written agreement) is subject to the terms of a legal agreement between you and Taskcity. “Taskcity” is owned by ENWAY SOFTWARE TECHNOLOGY Co. Ltd. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- 1.2 Unless otherwise agreed in writing with Taskcity, your agreement with Taskcity will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
- 1.3 The Universal Terms, together with any Additional Terms, form a legally binding agreement between you and Taskcity in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
- 1.4 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
1. Your relationship with Taskcity
- 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- 2.2 You can accept the Terms by:
- (A) clicking to accept or agree to the Terms, where this option is made available to you by Taskcity in the user interface for any Service;
- (B) by actually using the Services. In this case, you understand and agree that Taskcity will treat your use of the Services as acceptance of the Terms from that point onwards.
- 2.3 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2. Accepting the Terms
- 3.1 Where Taskcity has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Taskcity.
- 3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
3. Language of the Terms
- 4.1 Taskcity is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Taskcity provides may change from time to time without prior notice to you.
- 4.2 As part of this continuing innovation, you acknowledge and agree that Taskcity may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Taskcity’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Taskcity when you stop using the Services.
- 4.3 You acknowledge and agree that if Taskcity disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- 4.4 You acknowledge and agree that while Taskcity may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Taskcity at any time, at Taskcity’s discretion.
4. Provision of the Services by Taskcity
- 5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Taskcity will always be accurate, correct and up to date.
- 5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, P.R.China, or other relevant countries).
- 5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Taskcity, unless you have been specifically allowed to do so in a separate agreement with Taskcity. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- 5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- 5.5 Unless you have been specifically permitted to do so in a separate agreement with Taskcity, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- 5.6 You agree that you are solely responsible for (and that Taskcity has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Taskcity may suffer) of any such breach.
5. Use of the Services by you
- 6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- 6.2 Accordingly, you agree that you will be solely responsible to Taskcity for all activities that occur under your account.
- 6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Taskcity immediately.
6. Your passwords and account security
- 7.1 You agree to the use of your data in accordance with Taskcity’s privacy policies.
7. Privacy and your personal information
- 8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
- 8.2 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8. Content in the Services
- 9.1 Unless you have agreed otherwise in writing with Taskcity, nothing in the Terms gives you a right to use any of Taskcity’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9. Proprietary rights
- 10.1 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Taskcity, in writing.
10. License from Taskcity
- 11.1 You confirm and warrant to Taskcity that you have all the rights, power and authority necessary to grant the above license.
11. Content license from you
- 12.1 The Software which you use may automatically download and install updates from time to time from Taskcity. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Taskcity to deliver these to you) as part of your use of the Services.
12. Software updates
- 13.1 The Terms will continue to apply until terminated by either you or Taskcity as set out below.
- 13.2 If you want to terminate your legal agreement with Taskcity, you may do so by (a) notifying Taskcity at any time and (b) closing your accounts for all of the Services which you use, where Taskcity has made this option available to you.
- 13.3 Taskcity may at any time, terminate its legal agreement with you if:
- (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
- (B) Taskcity is required to do so by law;
- (C) the partner with whom Taskcity offered the Services to you has terminated its relationship with Taskcity or ceased to offer the Services to you.
13. Ending your relationship with Taskcity
- 14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT TSKCITY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- 14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TASKCITY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- 14.5 TASKCITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. EXCLUSION OF WARRANTIES
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TASKCITY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- (II) ANY CHANGES WHICH TASKCITY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- (III) YOUR FAILURE TO PROVIDE TASKCITY WITH ACCURATE ACCOUNT INFORMATION;
- (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- 15.2 THE LIMITATIONS ON TASKCITY’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT TASKCITY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. LIMITATION OF LIABILITY
- 16.1 It is Taskcity’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law.
16. Copyright and trade mark policies
- 17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- 17.2 The manner, mode and extent of advertising by Taskcity on the Services are subject to change without specific notice to you.
- 17.3 In consideration for Taskcity granting you access to and use of the Services, you agree that Taskcity may place such advertising on the Services.
- 18.1 The Services may include hyperlinks to other web sites or content or resources. Taskcity may have no control over any web sites or resources which are provided by companies or persons other than Taskcity.
- 18.2 You acknowledge and agree that Taskcity is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18. Other content
- 19.1 Taskcity may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made.
- 19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Taskcity will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19. Changes to the Terms
- 20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- 20.2 The Terms constitute the whole legal agreement between you and Taskcity and govern your use of the Services (but excluding any services which Taskcity may provide to you under a separate written agreement), and completely replace any prior agreements between you and Taskcity in relation to the Services.