Terms of Service and End User License Agreement

Last updated on 18 June 2012



Welcome to our website. If you continue to browse and use the software (the “Software”) and services (the “Services”) available on or through www.1checker.com and all related-domains (the “Site”), you are agreeing to comply with and be bound by this Terms of Service and End User License Agreement(this “Agreement”), and together with our Privacy Policy.



THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OWNER OF THE SITE (“SCHOOLPAL ONLINE”). IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.



Grant of license

Subject to your full compliance at all times with this Agreement, SchoolPal Online hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-transferable revocable license to access and make use of the Site, the Services and the Software.



You may access and use the Site, Services and Software solely for your own personal purposes and only in accordance with any instruction manuals, user guides and other documentation as made available by SchoolPal Online from time to time (“Documentation”).



License exclusions and restrictions

The following exclusions and restrictions shall apply at all times to your use of the Site, the Software and/or the Services. You may not:



  • grant access to your account to any other person or entity;
  • access or use the Site, the Software, the Services for the benefit of any third party;
  • sell, assign, rent, transfer, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to, the Site, the Software, the Services or any part thereof;
  • attempt to probe, scan, or test the vulnerability of the Site, the Software and/or the Services, or any associated account, system or computer network, or otherwise violate or attempt to violate any security or authentication feature;
  • copy, modify or create derivative works based on the Site, Services, Software or Documentation, or any portion(s) of any of the foregoing (individually and collectively, “SchoolPal Online IP”);
  • translate, reverse engineer, decompile, disassemble or hack the Software or any part thereof;
  • interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, the Software or the Services, load testing, overloading, “flooding”, “spamming”, “mail bombing”, “crashing”;
  • create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Site, the Software or the Services;
  • use any of the Site, the Software or the Services in any manner that will or could damage, disable, overburden or impair the Site, the Software or the Services or that will or could interfere with any other party’s use and enjoyment of the Site, the Software or the Services.


Availability

SchoolPal Online does not warrant that the Site, the Software and/or the Services will be available 24 hours per day, 7 days per week, nor does it warrant that the Site, the Software and/or the Services will be provided properly or completely. SchoolPal Online will have no liability to you for the unavailability of the Site, the Software and/or the Services at any time. In addition, SchoolPal Online reserves the right, in its sole discretion, at any time and without prior notice, to refuse access to the Site, the Software and/or the Services to any individual, company, network, institution or other entity in violation of this Agreement.



Security Information

You shall be solely responsible for the security and proper use of all user IDs, passwords, or other security devices used in connection with the Site, the Software and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other persons. You agree to notify SchoolPal Online in writing if there is any reason to believe that a user ID, password, or any other security information has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. SchoolPal Online reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Site, the Software and/or the Services, and you shall promptly comply with any such request. You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems.



Links to other sites

Any links on the Site and/or in the Software to third party websites are provided for your convenience only. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk. SchoolPal Online has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.



Changes to services or terms

SchoolPal Online reserves the right at any time to:



  • change any information, specifications, features and/or functions of the Site, the Software and/or the Services;
  • suspend or discontinue any or all of the Software and/or the Services, including the availability of any feature, database, or content;
  • impose limits on certain features or restrict access to parts or all of the Software and/or the Services, in each case with or without prior notice and without any liability.


SCHOOLPAL ONLINE may revise this Agreement at any time without notice. Your use of the Site, the Software and/or Services following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated or revised. You can view the most current Terms of Service and End User License Agreement at http://www.1chekcer.com/terms. It is your responsibility to review the Terms of Service and End User License Agreement periodically.



Intellectual Property Rights

SchoolPal Online owns all the intellectual property rights in and to the Site, the Software and the Service. You may download or copy material from our Site, only for your own personal, non-commercial use. Any other use is forbidden. You may from time to time provide SchoolPal Online with suggestions, comments, responses, recommendations and/or feedback voluntarily. SchoolPal Online shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute, and otherwise use and exploit any and all such suggestions, comments, responses, recommendations and/or feedback, without obligation or liability of any kind to you, or any other entity.



Disclaimer

THE SITE, THE SOFTWARE AND/OR THE SERVICES PROVIDED BY SCHOOLPAL ONLINE MAY CONTAIN ERRORS, BUGS, AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM CRASH OR FAILURE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SITE, THE SOFTWARE AND/OR THE SERVICES ARE PROVIDED "AS IS AND WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ANY RELIANCE YOU PLACE ON THE SITE, THE SOFTWARE AND/OR THE SERVICES IS THEREFORE STRICTLY AT YOUR OWN RISK. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE, THE SOFTWARE AND/OR THE SERVICES IS ASSUMED FULLY AND EXCLUSIVELY BY YOU. SCHOOLPAL ONLINE AND ITS THIRD PARTY LICENSORS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, RELIABILITY OR AVAILABILITY, OF RESULTS, OF WORKMANLIKE EFFORT, OF FREEDOM FROM VIRUSES, INFECTIONS AND MALWARE, AND OF TITLE AND NON-INFRINGEMENT, ALL WITH RESPECT TO THE SITE, THE SOFTWARE AND/OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, SCHOOLPAL ONLINE DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERUPTED, TIMELY, SECURE OR ERROR-FREE.



Limitations

IN NO EVENT SHALL SCHOOLPAL ONLINE OR ANY OF ITS THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICES.



Governing Laws

Any and all disputes in connection with the Site, the Software and/or the Services shall be subject to the laws of People’s Republic of China, notwithstanding any principles of conflicts of law. If you access the Site, the Software and/or the Services from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of the Site, the Software and/or the Services. You hereby consent to the jurisdiction of the qualified courts operating in Hangzhou, Zhejiang, China.



How to Contact Us

If you have any questions or concerns, you may contact us at contact@1checker.com.

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