Terms of Service
1. Your relationship with Attigo (Hong Kong) Limited
1.1 Your use of 87id.com's products, software, services and web sites (referred to collectively as the "Services" in this document is subject to the terms of a legal agreement between you and Attigo. "Attigo" means Attigo (Hong Kong) Limited, whose registered office is at 1801 Wing On Central Building, 26 Des Voeux Road C, Central, Hong Kong SAR. This document explains the terms of that agreement.
1.2 Unless otherwise agreed in writing with Attigo, your agreement with Attigo will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "BASIC Terms".
1.3 Your agreement with Attigo will also include any Legal Notices applicable to the Services, in addition to the BASIC Terms. All of these are referred to below as the "Supplemental Terms". Where Supplemental Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Basic Terms, together with the Supplemental Terms, form a legally binding agreement between you and Attigo in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, these Terms are referred to as the "Agreement".
1.5 If there is any contradiction between what the Supplemental Terms say and what the Basic Terms say, then the Supplemental Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Agreement.
2.2 You can accept the Agreement:
(A) by clicking to accept or agree to the Agreement, where this option is made available to you by Attigo in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that your use of the Services is acceptance of the Agreement from that point onwards.
2.3 You may not use the Services and may not accept the agreement if (a) you are not of legal age to form a binding contract with Attigo, or (b) you are a person barred from using the Services under the laws of Hong Kong or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, please print off or save a copy of the Basic Terms for your records.
3. Language of the Agreement
3.1 This Agreement is in the English Language. If Attigo has provided a translation in another language it is only for your convenience. You agree that the English meaning governs the Agreement.
3.2 If there is any contradiction between the English language version of the Agreement and a translation then the English language version shall take precedence.
4. Provision of the Services by Attigo
4.1 Attigo has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Attigo itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Attigo 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 Attigo provides may change from time to time without prior notice to you.
4.3 Attigo may stop providing services to you at anytime due to circumstances within or beyond its control. You agree that your sole remedy in the event of such termination shall be the return of funds that Attigo has been paid and received for the Services and that you have not used or forefeited.
4.4 You acknowledge and agree that if Attigo 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.
4.5 You acknowledge and agree that while Attigo 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 Attigo at any time, at Attigo's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification, contact details or payment information) as part of the registration and/ or payment process for the Service, or as part of your continued use of the Services. You agree that any registration and/or payment information you give to Attigo 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 Agreement 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 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 Attigo, unless you have been specifically allowed to do so in an agreement with Attigo. 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 Attigo, 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 Attigo has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Attigo may suffer) of any such breach.
6. Your passwords and account security
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 Attigo for all activities that occur under your account and all financial obligations incurred until such time as Attigo receives actual notice from you that your account should be closed.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Attigo immediately at http://87id.com/contact/.
7. Privacy and your personal information
7.1 For information about Attigo's data protection practices, please read Attigo's privacy policy at http://87id.com/privacy/. This policy explains how Attigo treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Attigo's privacy policies.
8. Content in the Free Services and Paid Services
8.1 "Free Service" means a service provided by Attigo which you may use without payment to Attigo of a service charge.
8.2 You understand that all information in Attigo's Free Service (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".
8.3 You should be aware that Content presented to you as part of the Free Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Attigo (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Attigo or by the owners of that Content, in a separate agreement.
8.4 Attigo reserves the right (but shall have no obligation) to prescreen, review, flag, filter, modify, refuse or remove any or all Content from any Free Service.
8.5 You understand that by using the Free Services you may be exposed to Content that you may find offensive, indecent or objectionable and that in this respect, you use the Free Services at your own risk.
8.6 You agree that you are solely responsible for (and that Attigo has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Free Services and for the consequences of your actions (including any loss or damage which Attigo may suffer) by doing so.
8.7 "Paid Services" are those services provided by Attigo for which you pay a service fee to use.
9. Proprietary rights
9.1 You acknowledge and agree that Attigo (or Attigo licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Attigo and that you shall not disclose such information without Attigo's prior written consent.
9.2 Unless you have agreed otherwise in writing with Attigo, nothing in the BASIC Terms gives you a right to use any of Attigo's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Attigo, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Agreement.
9.4 Other than the limited license set forth in Section 11, Attigo acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Attigo, you agree that you are responsible for protecting and enforcing those rights and that Attigo has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Attigo you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Attigo
10.1 Attigo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Attigo as part of the Services as provided to you by Attigo (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Attigo, in the manner permitted by the Agreement.
10.2 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, already in the public domain, or unless you have been specifically told that you may do so by Attigo, in writing.
10.3 Unless Attigo has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give Attigo a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, use and distribute any Content which you submit, post or display on or through, the Services.
11.2 You understand that Attigo, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Attigo to take these actions.
11.3 You confirm and warrant to Attigo that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Attigo. 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 Attigo to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Attigo
13.1 The BASIC Terms will continue to apply until terminated by either you or Attigo as set out below.
13.2 If you want to terminate this agreement with Attigo, you may do so by (a) notifying Attigo at any time and (b) paying all amounts due to Attigo under this Agreement (c) closing your accounts for all of the Services which you use, where Attigo has made this option available to you. Your notice should be sent, in writing, to 1638 Berkshire Road, Gates Mills, OH 44040, United States.
13.3 Attigo may at any time, terminate this agreement with you if:
(A) you have breached any provision of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) Attigo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Attigo offered the Services to you has terminated its relationship with Attigo or ceased to offer the Services to you; or
(D) Attigo is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Attigo is, in Attigo's opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Attigo's rights regarding provision of Services under Section 4 of this Agreement.
13.5 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Attigo have benefited from, been subject to (or which have accrued over time whilst this Agreement have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ATTIGO'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 IN PARTICULAR, ATTIGO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 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 INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATTIGO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14.6 ATTIGO 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.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATTIGO, 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 ATTIGO 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 ATTIGO WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(V) THE FACT THAT YOUR LANGUAGE CONVERSATIONAL EXPERIENCE IS NOT SATISFACTORY
15.2 THE LIMITATIONS ON ATTIGO'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT ATTIGO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Advertisements
16.1 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.
16.2 The manner, mode and extent of advertising by Attigo on the Services are subject to change without specific notice to you.
16.3 In consideration for Attigo granting you access to and use of the Services, you agree that Attigo may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. Attigo may have no control over any web sites or resources which are provided by companies or persons other than Attigo.
17.2 You acknowledge and agree that Attigo 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.
17.3 You acknowledge and agree that Attigo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
18.1 Attigo may make changes to the BASIC Terms or Supplemental Terms from time to time. When these changes are made, Attigo will make a new copy of the BASIC Terms available and any new Supplemental Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the BASIC Terms or Supplementall Terms have changed, Attigo will treat your use as acceptance of the updated BASIC Terms or Supplemental Terms.
19. General legal terms
19.1 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 Agreement with Attigo does not affect your legal relationship with these other companies or individuals.
19.2 This Agreement constitutes the whole legal agreement between you and Attigo and governs your use of the Services (but excluding any services which Attigo may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Attigo in relation to the Services.
19.3 You agree that Attigo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if Attigo does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Attigo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Attigo's rights and that those rights or remedies will still be available to Attigo.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of this Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which Attigo is the parent or a subsidiary of shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
19.7 The Agreement, and your relationship with Attigo under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and Attigo agree to submit to the exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Attigo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Dec 12, 2008
