This User Agreement (“Agreement”) executed by and between Elernity Limited (hereinafter referred to as “ELERNITY”) and you, a physical person or legal entity. This Agreement contains the terms that define the rights and obligations related to SandboxFX (“Software”) developed by ELERNITY (“ELERNITY”), which explains the services provided by ELERNITY and specific terms related to your use of such services. Please read all the terms and conditions herein before registering for a Software account or using the services of SandboxFX (including but not limited to, SandboxFX for PC and Android platforms).
If you do not agree to any terms and conditions of this Agreement or you have doubts about this Agreement, please do not download, install, copy or use the Software. By downloading, installing, copying, activating or using the Software, you represent that you have fully read, understood, and accepted this Agreement and all the regulations relating to the Software published by ELERNITY, and agree to be bound by this Agreement. If any dispute arises hereunder, you shall be solely responsible for all liabilities resulting from your failure to read this Agreement carefully. Failure to read the Agreement shall never be a defense.
1. General
By using the services and functions of the Software after installation, you are entering into a legal-binding agreement with ELERNITY and you understand this is an agreement on use of Software and not an agreement for sale. ELERNITY may modify the terms of this Agreement from time to time. For any modification of the Software, ELERNITY will notify you by posting the modification details on the site of ELERNITY (“Site”). The modified terms will take effect immediately upon its initial posting on the Site, and apply to any dispute in relation to these terms. Your continued use of the Software following such notification will constitute your acceptance of the relevant modifications to this Agreement.
2. Intellectual Property
ELERNITY exclusively owns all intellectual property, information and content relating to the Software, including but not limited to copyrights, patents, trademarks, trade secrets, text, combinations, icons, graphics, photos, charts, colors, UI designs, frameworks, data, additional programs, printed materials, and electronic documents, which are protected by copyright laws, international copyright treaties and other intellectual property laws and regulations.You shall not reverse engineer, reverse compile, disassemble the Software without ELERNITY’ s prior written consent or except that such activity is expressly permitted by applicable laws and regulations.
ELERNITY owns all data that is created during the operation of the Software and stored in ELERNITY’ s data base (including but not limited to account data and application data, but excluding personally identifiable information like user name, ID number and phone number). When using the Software in accordance with this Agreement, you have limited rights to use the data and information under your account and your created work.
3. Limitation of Rights
3.1 Limitations on reverse engineering, reverse compilation and disassembly: You shall neither reverse engineer, decompile, disassemble the Software, nor modify or compile any material contained in the Software’ s internal document, except that such activity is endorsed with ELERNITY’ s prior written consent or expressly permitted by applicable laws and regulations.
3.2 Separation of components: The Software is licensed as a single product. Its component parts may not be separated for any purpose.
3.3 Rights reserved: ELERNITY retains all the other rights that are not expressly authorized herein. You can only use such rights with ELERNITY’s prior written consent.
4. User Guidelines
4.1 SandboxFX is 3D tool designed to create and demonstrate diverse scenarios. SandboxFX allows you to achieve better effects than pictures and texts through simply placing abundant 3D resources, demonstrating and explaining. Besides teaching, SandboxFX can also be used for exhibition, urban renovation, landscape design, creativity and training, etc.
4.2 ELERNITY provides product support services related to the Software.
4.3 Modifications and Updates: ELERNITY reserves the rights to provide updates and modified versions of the Software, but shall not obligated to provide updates, and you should update the Software accordingly, for a successful use of the Software.
4.4 The Software contains no malicious code designed to destroy computer data and obtain your private information, and no functional code to track and monitor your computers, your online and offline activities, and has no intension to collect their personal information, such as the use of other software and document. The Software will not disclose your privacy.
4.5 You shall use the Software in a manner that complies with applicable laws in the jurisdiction in which you use the Software, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights and this Agreement. You are not authorized to perform the following actions, including but not limited to:
4.5.1 Delete or alter any electronic rights management information;
4.5.2 Avoid or destroy the technical measures taken to protect the Software’s copyright;
4.5.3 Use the Software to mislead or cheat others;
4.5.4 Delete, alter, add or interfere the computer information system in violation of national regulations, which disables the normal operation of the Software;
4.5.5 Access to computer information network or use the resources contained in such network without permission;
4.5.6 Delete, alter or add any function in the computer information network without permission;
4.5.7 Delete, alter or add any data and program stored, processed or transmitted in the computer information network without permission;
4.5.8 Destroy normal operation of the Software’s system or the website, and spread harmful programs like virus;
4.5.9 Any other actions which endanger the security of the computer information network.
4.6 For security, we do not recommend downloading, installing or using the Software product on any sites or media other than those authorized by ELERNITY. ELERNITY does not guarantee that such product is free from virus, Trojans and hacking software in disguise, and will not bear any legal liabilities that result from your use of such products which may lead to unpredictable risks. You acknowledge that in the event of any of your violations or breaches of the applicable laws and/or this Agreement, ELERNITY shall be entitled to immediately withdraw from and terminate this Agreement, without prejudice to any entitlement or legal remedy open to ELERNITY in such eventualities. In case of termination of this Agreement, you must immediately uninstall, delete, destroy or return at your own cost, the Software and all backup copies.
5. Privacy
5.1 The Software respects and protects your privacy, and does not obtain any information from your computer without your knowledge.
5.2 Under the principle of user privacy protection, ELERNITY will take reasonable measures to protect your personal information. Except in certain circumstance specified by law and regulation or stock exchange, ELERNITY does not share or disclose your personal information to any third party without your permission.
5.3 When you register for the Software’s services, you need to provide some necessary information. By providing such information through the Software, you are agreeing to your information provided being sent to ELERNITY and you are also granting ELERNITY the necessary approval, as specified under the relevant legal regulations, for processing the information obtained from you. You agree to provide true, accurate, legal and valid information in accordance with laws and regulations, and to timely update such information of any change to through our Customer Service (hysupport@101.com), so you can seek helps or services from ELERNITY . If any information you provided proves to be incomplete or inaccurate, you may not be able to use the Software or your use of the Software may be restricted.
5.4 You shall fully respect the personal information of any person, including but not limited to any other users of the Software that you know, receive or have access to through the Software. You shall not collect, copy, store, spread or use other user’s personal information in any other manners, shall be solely responsible for any results arising out of such activity.
6. Warranty Disclaimer and Limitation of Liability
6.1 As the user of the Software, you acknowledge that the Software is provided “as-is”, without warranty of any kind, express or implied, and to the maximum extent permitted by applicable laws. Neither ELERNITY, or its affiliates nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that the Software will not infringe any third party patents, copyrights, trademarks, or other rights. THERE IS NO WARRANTY BY ELERNITY OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE NO COMPATIBILITY, UNINTERRUPTED, BUG-FREE OR ERROR-FREE. If you encounter any technical problems, you may report on ELERNITY’s official forum and seek supports.
6.2 You acknowledge and agree that your selection and use of the Software, is solely at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELERNITY, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING FORCE MAJEURE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ELENITY OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF ELERNITY, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM ELERNITY RECEIVE FROM YOU UNDER THIS AGREEMENT.
6.4 If your violation of this Agreement causes any damages on ELERNITY, ELERNITY has the right to take corresponding actions, including but not limited to suspend the license granted to you, stop providing Software services to you, impose restrictions on your access to the Software, and pursue legal responsibilities.
6.5 The Software shall bear neither responsibilities nor legal liabilities for any accidents, negligence, slanders, infringements of copyright or intellectual property and damage that you may suffer as a result of your use of the Software (including that your computer gets infected with a virus resulting from downloading the Software from unauthorized sites).
6.6 You shall solely bear all risks associated with your use of the Software. We do not provide any warranty in any manner, and shall not bear any legal liabilities for your failure to update the Software due to your network condition, communication line, and any other technical problem.
7. Rules of Conduct
7.1 You shall be responsible for your use of the Software’s services. You agree to use the Software’s services in compliance with the following rules:
7.1.1 Comply with the applicable laws and regulation in Hong Kong;
7.1.2 Comply with this Agreement and related administrative provisions issued by ELERNITY;
7.1.3 Shall not infringe any legal right of ELERNITY or any third party in any manner;
7.1.4 Shall not use the services provided by ELERNITY for any illegal or infringing activity including but not limited to display and spread any material that contains sexually-oriented, racially or ethnically offensive, vulgar, defamatory, libelous, or abusive content, and spread any hateful, discriminate and prejudiced content against any political, religion, national tradition, race, gender and age.
7.2 ELERNITY has the right to review and monitor your use of Software services. In the event that ELERNITY determines, in its sole discretion, that your behavior constitutes a breach of law or this Agreement, ELERNITY has the right to ask you to correct such behavior, and will take all necessary actions (including but not limited to change or remove the content you have posted or uploaded, and suspend or terminate your access to the services of Sotfware) to reduce the impact caused by your behavior. You acknowledge that such review and monitoring will neither constitute any of ELERNITY‘s responsibilities nor exempt you from any of your obligations.
8. Liability for Damage
8.1 If ELERNITY suffers any loss or damage (including but not limited to administrative penalty, third-party loss or damage, legal fee, attorney fee, reputation damage, and other cost) due to your behavior, you shall bear all the liability for such loss and damage.
9. Choice of Law & Dispute Resolution
9.1 This Agreement shall be governed by the applicable laws of Hong Kong SAR, People’s Republic of China.
9.2 The parties hereunder shall make a good faith attempt to resolve any dispute arising out of or relating to this Agreement through negotiation. If the parties fail to settle the dispute within one calendar month of first negotiation, either party may submit such dispute to a court of competent jurisdiction located in Hong Kong.
10. Advertising
10.1 You understand and agree that the advertisements or promotions on the Software are published by advertisers or service/product providers. ELERNITY provides the medium for content on an “AS IS” basis, and shall not be responsible or liable for any transaction between you and the service/product providers when you buy any service or goods through the Software or through any links to other websites provided through the Software.
10.2 To the extent permitted by applicable law, you may post content on the Software or specific sections on its website. You acknowledge and agree that ELERNITY has no relationship to and no liability for your posting which may contain advertising, promotional or other information.
11. Others
11.1 If any provision of this Agreement is held to be invalid or unenforceable for any reason, in part or in whole, the remaining provisions of the Agreement shall continue in full force and effect.
11.2 A person or an entity which is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Ordinance to enforce or to enjoy the benefit of any term of this Agreement.
11.3 ELERNITY reserves the right of interpretation and modification for this Agreement. If you have any questions about this Agreement, please login the Software to get more information or contact our Customer Service.
