Last Update: February 27th, 2023
WuKong offers various products and services, including but not limited to WuKong websites, mobile apps and other platforms (collectively, the "Services"), which provided by Smart Learner International Corporation, a Delaware corporation with address at 340 E Middlefield Rd, Mountain View, CA 94043, our subsidiaries, affiliates and our international branches (collectively, "WuKong," "we," "us," or "our,"). These Terms of Service (as amended from time to time, the "Terms") is a legal agreement between users ("User," "you," and "your") and WuKong regarding the use of Services. In order to obtain the Services, users shall agree to these Terms and follow the prompts on the page to complete all registration procedures.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD'S USE OF THE SERVICES.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST WUKONG. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
THE SERVICES IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY WUKONG, OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN.
By clicking the "I Agree" button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian. You also represent that you have not been previously suspended or removed from the Services by WuKong, and that your registration and your use of the Services is in compliance with any and all applicable laws.
YOU NEED AN ACCOUNT FOR MOST ACTIVITIES ON OUR PLATFORM. KEEP YOUR PASSWORD SOMEWHERE SAFE, BECAUSE YOU ARE RESPONSIBLE FOR ALL ACTIVITY ASSOCIATED WITH YOUR ACCOUNT. IF YOU SUSPECT SOMEONE ELSE IS USING YOUR ACCOUNT, LET US KNOW BY CONTACTING OUR SUPPORTING TEAM.
Before you use the Services, you need to follow the relevant page prompts and procedures to register a dedicated user account with a valid email address or phone number. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to WuKong, whether at registration or at any time, will be true, accurate, complete, legal and effective. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you choose to bind your account to a third-party account (including but not limited to WeChat, FaceBook, Google, Apple ID, etc.) that we cooperate with, unless you cancel the binding relationship by yourself, if any of the following situations occurs, the bound third-party account may also be unbound, and we do not need to bear any responsibility for you or any third party: WuKong disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content:
1) You violate the agreement between a third party and you or related regulations;
2) The site to which the third-party account belongs requires unbinding;
3) The platform or business to which the third-party account belongs has been shut down.
If you find that your account is no longer secure (e.g., in the event of loss, theft, or unauthorized disclosure or use of your account) ,you agree to notify us immediately, and we will take measures to secure your account as much as possible. You need to understand that it takes a reasonable length of time for us to take action on any of your requests. Unless we are at fault, we are not responsible or liable for the consequences that have occurred before the action is taken. You may be liable for the losses incurred by WuKong or others due to any unauthorized use of your account.
1.3. Prohibited Use. YOU AGREE NOT TO:
1.3.1. transfer your account to a third party for management or use by borrowing, renting, selling or any other means, and you shall be responsible for all activities performed with your account, including for any harm or damage (to WuKong or anyone else)caused by someone using your account without your permission;
1.3.2. use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including but not limited to laws governing intellectual property and other proprietary rights, and data protection and privacy;
1.3.3. use the Services for any commercial use or purpose unless expressly permitted by WuKong in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
1.3.4. disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems and use our service system to conduct any behavior that may adversely affect the normal operation of the Internet or mobile network;
1.3.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other without permission, or perform any other fraudulent activity;
1.3.6. use our Services provided by us to upload, display or spread any false, harassing, slanderous, abusive, threatening, vulgar or obscene or any other illegal information;or interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or email-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
1.3.7. infringe the patent, copyright, trademark reputation or any legal rights/interests of any other third party.
1.4. International Use.
You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18 (or the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Wukong in violation of any applicable laws or regulations, including without limitation, Applicable privacy laws.
You consent to receiving calls and texts from WuKong and/or our affiliates at the phone number you provide to WuKong verbally or via our website, email or text (or the phone number that WuKong issues to you in connection with voice service), as part of our established business relationship, and regardless of whether the phone number is on the federal Do-Not-Call Registry (or state equivalent(s)), for any purpose, including sales, promotions, placed by any means, including autodialed or prerecorded voice calls, and text messages. Consent is not a condition to purchase any goods or services.You may withdraw this authorization by contacting us. Please note that we are permitted to send service-related text messages to customers such as service notifications, bill reminders, or outage and repair information without your express authorization, but will not do so upon your request. You acknowledge that you are responsible for charges for incoming text messages on your wireless phone(s). By providing a mobile phone number, you confirm that you are the current owner/subscriber of the mobile phone number provided or that the current owner/subscriber of this mobile phone number authorized you to provide this number (collectively, "Current Owner") to WuKong. You understand that by providing this mobile phone number, the Current Owner consents to being contacted by WuKong and/or our agents and vendors at the mobile number provided. You agree to notify us immediately if there is any change in the information that you have provided to us, including without limitation any change in your telephone number or mobile telephone number. Failure to do so is a breach of these Terms.
WHEN YOU MAKE A PAYMENT, YOU AGREE TO USE A VALID PAYMENT METHOD. IF YOU AREN'T HAPPY WITH YOUR CONTENT, WUKONG OFFERS AREFUND OR CREDIT FOR MOST CONTENT PURCHASES.
Some of the Services provided by us (such as online group courses, online one-to-one courses, and public courses, etc.) are paid Services.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to Users who aren't registered or logged in, because some of our promotions are available only to new Users or only to returning Users. If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We enable Users to see pricing in other currencies according to Users' location.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
3.3. Refund Policy
If the content you purchased is not what you were expecting, you can request, WuKong to apply a refund to your account at any time and we will apply the refund to your original payment method after deducting any credit lessons used, any promotion discount and any offline gifting cost if applicable. In any case, the online courses, class hours, or similar rewards/prizes given to users by promotion activities can be available only after you have purchased and used all the online courses. After you submit a refund application, the free courses or class hours will be automatically invalidated, and we will no longer provide you with any of the aforementioned courses or other Services, nor will we convert them into cash for refund.
At our discretion, if we believe you are abusing our refund policy, such as if you've previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms, you will not be eligible to receive a refund.
4.1. Proprietary Materials; Licenses.
The Services are owned and operated by WuKong. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the "Services Materials") are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 4.1 (Proprietary Materials; Licenses), all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to WuKong or our affiliates, and WuKong reserves all rights therein and thereto not expressly granted by these Terms.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WuKong from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Materials other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of WuKong, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by WuKong.
4.2. License Grant to Users.
WuKong grants you a limited, non-exclusive, non-transferable and revocable right license to use our Services, solely for your personal, non-commercial, educational use, in accordance with these Terms and any constrictions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by WuKong. Using our Services does not give you the ownership of or any intellectual property rights in our Services or the content you access.
4.3. Third Party Content.
Under no circumstances will WuKong be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that WuKong may, but is not required to, pre-screen content, and WuKong and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, WuKong and its designees will have the right to remove any content that violates these Terms or is deemed by WuKong, in its sole discretion, to be otherwise objectionable. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
4.4. User Content
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and WuKong does not claim any ownership (copyright, trademark, or otherwise) over your User Content.
To the extent you provide User Content, you grant WuKong a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting WuKong the right to use User Content with our registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights WuKong may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason. You acknowledge and agree that WuKong may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WuKong, its Users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.5. Copyright Complaints
WuKong respects the intellectual property of others, and we expect our Users to do the same when using the Service. We reserve the right to suspend, disable, or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website athttps://www.copyright.gov/legislation/dmca.pdf
If you believe in good faith that materials on the WuKong platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
(i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
(iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Wukong to locate the material on the platform;
(iv) the name, address, telephone number, and email address (if available) of the complaining party;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
Via mail: 340 E Middlefield Rd, Mountain View, CA 94043
Via email: firstname.lastname@example.org
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
WuKong also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by WuKong in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at email@example.com, and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual's account.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Wukong has no control over such sites and resources and WuKong does not endorse such sites and resources. You further acknowledge and agree that WuKong will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that WuKong is not liable for any loss or claim that you may have against any such third party.
6.1. No Warranties.
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WUKONG DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WUKONG OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WUKONG SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WUKONG FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will WuKong or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features. We will do our best to notify users before carrying out such activities, and do our utmost to shorten the duration and frequency of such occurrence, and to avoid such situations from occurring during peak time periods.
For force majeure ("Force majeure" refers to an objective situation that is unforeseeable or foreseeable but unavoidable or overcome by both parties, the event hinders, affects or delays any party's performance of all or part of its obligations under the contract. This event includes but is not limited to government actions, natural disasters, wars, network congestion or interruption, hacker attacks or any other similar events) or unforeseen reasons beyond our control (such as thirdparty maliciously attacking the systems, network failures of telecommunications service providers, etc.) that causes interruption or other defect (fault) of our Services, we will do our best to mitigate the loss and impact caused to you, and we do not need to bear corresponding liabilities within this scope.
6.3. Limitations by Applicable Law.
SOME STATES OR OTHER JURISDICTION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
You agree, to the extent permissible under your state's laws, to indemnify, defend, and hold harmless WuKong, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws(including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. WuKong reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WuKong, and you agree to cooperate with WuKong's defense of these claims. You agree not to settle any such matter without the prior written consent of WuKong. WuKong will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WUKONG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE WUKONG PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.
IN NO EVENT SHALL WUKONG'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY WUKONG FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS.
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren't located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes(such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar services for the purpose of circumventing these laws is strictly prohibited. You also warrant that you aren't a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with WuKong you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to WuKong).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
10.1. Termination by WuKong
WuKong, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend, or terminate: (i) any account (or any part thereof) you may have with WuKong or (ii) your use of the Services, and (b) remove and discard all or any part of your account, user profile and User Content, at any time. WuKong may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that WuKong will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies WuKong may have at law or in equity. As discussed herein, WuKong does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
10.2. Termination by you
You may terminate these Terms at any time (prospectively only) by expressly indicating that you are not willing to continue to use our Services and meet the conditions for termination of this platform.
10.3. Responsibility for Pre-Termination activity
Termination of the Terms as to any user account will not limit WuKong's rights and remedies regarding any breach of these Terms occurring prior to such termination.
10.4. Information after Termination.
After the termination of these Terms, unless expressly specified by law, we are not obligated to disclose any information in your account to you or a third party designated by you. After the termination of these Terms, we will stop collecting and using your personal information, but we can continue to save other content and information that you kept on our platform.
Any provision which, its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 4 (Intellectual Property Rights), Section 6 (Disclaimer; No Warranties), Section 7 (Indemnification), Section 8 (Limitation of Liability), Section 10 (Termination) and Section 11 (Miscellaneous).
Any notice or other communication to be given hereunder, including those regarding changes to the Terms, will be in writing and given by email (by us to the email associated with your account or by you to our email address), regular mail, posting on the Services, or other reasonable means.
The failure of WuKong to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by WuKong.
11.3. Governing Law.
The Terms will be governed by and constructed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
11.4. Dispute Resolution and Arbitration.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
11.4.1. Generally. In order to expedite and control the cost of disputes, WuKong and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms ("Dispute") will be resolved as follows to the fullest extent permitted by law:
11.4.2. Notice of Dispute. In the event of a Dispute, you or WuKong must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a "Notice of Dispute"). You must send any Notice of Dispute to WuKong at firstname.lastname@example.org with a copy sent by email to WuKong. WuKong will send any Notice of Dispute to you to your address if WuKong has it, or otherwise to your email address. You and WuKong will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or WuKong may commence arbitration.
11.4.3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and WuKong may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 11.4 (Dispute Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be San Francisco. Any court with jurisdiction over the parties may enforce the arbitrator's award.
11.4.4. Class Action Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CAN NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
11.4.5. Arbitration Procedures.
22.214.171.124. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If WuKong files, then WuKong will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
126.96.36.199. Time Limits. If you or WuKong pursues arbitration, the arbitration action must be initiated and/ or demanded within the statute of limitations (e.g., the legal deadline for filing a claim) and within any deadline imposed under the Commercial Arbitration Rules and Mediation Procedures for the pertinent claim.
11.5. Other Guidelines.
When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
11.6. Modification of the Terms.
Upon opening an account, you accept the Terms in the form posted on our website. WuKong reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. For any material changes to the Terms, WuKong will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services. Modifications will become effective against you on the earliest of (i) your actual notice of such changes and (ii) thirty
(30) days after WuKong makes a reasonable attempt to provide you with such notice. However, as we are constantly changing and improving our Services, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms, and any rights and licenses hereunder, may not be transferred or assigned by you without WuKong's prior written consent, but may be assigned by WuKong without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
11.10. Entire Agreement.
The Terms constitute the entire agreement between you and WuKong relating to the subject matter herein and will not be modified expect in writing, signed by both parties, or by a revision to the Terms made by WuKong as set forth in the Section 11.6 (Modification of Terms) above.
11.11. Notice Regarding Mobile Application.
You acknowledge and agree that the availability of the WuKong mobile application is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that these Terms is between you and WuKong, not with the App Store. Our company, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies)