By using Foxmail for Mac (“the Software”), you are agreeing to be bound by these terms of service between you and us (including our wider group of companies) (the “Terms”).
If you are under the age of 18, your parents or your guardian must agree to these Terms before you can use the Software.
If you are using the Software on behalf of a company, partnership, association, government or other organisation, you represent and warrant that you are authorised to do so and that you are authorised to bind your organisation to these Terms.
Additional Terms and Policies
There are specific additional policies applicable to the Software, including the Privacy Policy (available at http://foxmail.com.cn/mac/en/privacy_policy ).
These additional terms of service and policies, along with any other instructions, terms of service and policies relating to the Software which we notify to you at any time, all form part of these Terms. If any additional terms of service or policy say something different from these Terms, such additional terms of service or policy shall apply to the extent of the difference.
These Terms may have an English language version as a well as a version in local language. If the English language version says something different from the Terms in your local language, the English version shall apply to the extent of the difference.
If you access third party websites or services through the Software, you must also comply with terms and conditions applicable to those third party websites or services. There may be additional third party terms and conditions that you must comply with in your use of the Software; these are (if applicable) set out at the end of these Terms.
Changes to the Terms
We make changes to our Terms over time, so please come back and review them.
Where any changes to these Terms are reasonably material to you, we will (where reasonably practicable) notify you at http://foxmail.com.cn/mac/en/terms_of_service but we do not guarantee that any such notice will be given. By continuing to use the Software after any amendment to these Terms, with or without notice from us, you are agreeing to be bound by these Terms as revised.
The Software and our intellectual property rights
We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the Software (and any documentation associated with the Software as provided by us) in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). You must not, at any time, use the Software for non-personal usage, and you may not rent, transfer, lease, sell, sublicense, assign or transfer your rights in the Software to any other party (for financial profit or otherwise) except as expressly permitted in these Terms.
You must comply with these Terms in your use of the Software and only use the Software as permitted by applicable laws and regulations, wherever you may be when you use them. You must review these Terms and our policies and instructions to understand what is permitted within your usage of the Software. Please note that there may be additional third party terms applicable to your use of the Software – we set these out at http://foxmail.com.cn/mac/en/privacy_policy.
As the Software and user experience are constantly evolving, we may from time to time add, change or remove scope or features from the Software (including in relation to whether the Software is free of charge or not), or suspend or terminate the supply of the Software altogether. We will (where reasonably practicable) give you advance notice of such changes, but do not guarantee that any such advance notice will be given.
All intellectual property rights in the Software (including any future updates, upgrades and new versions) shall continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding the Software are entirely voluntary and we will be free to use such comments and suggestions in our discretion without any obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where the applicable laws and regulations entitle you to reverse compile or extract source codes from our software you must first contact us to request the information you need.
To the extent that any software forming part of the Software or otherwise provided to you in connection with the Software is made available under an open source licence, the provisions of that licence shall prevail over the these Terms in relation to the open source software to the extent required.
Please note that our software may update automatically on your device once a new upgrade or version is available. Some of the Software may not operate properly or at all if upgrades or new versions are not installed.
Sharing Your Content
If you submit, upload, transmit or display any content in connection with your use of the Software (“Your Content”), you will continue to own Your Content and we will not sell it to any third party.
You agree that we (or our affiliate/subsidiary companies) may be required to disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or to comply with a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere).
You are solely responsible for Your Content. You must ensure that: (i) you have the rights you need to submit, transmit or display Your Content, and (ii) Your Content does not infringe the rights of any person or otherwise contravene any applicable laws and regulations. We respond to notices of alleged intellectual property rights infringement and other claims and demands, and we reserve the right to suspend your access to and use of the Software, as is in our opinion appropriate or as required by applicable laws and regulations.
Advertising content
Some of the Software will deliver advertisements and commercial content to you. You agree that we are allowed to do so and may not always identify paid services and communications as such.
Warranty and disclaimer
We warrant that we will provide the Software using reasonable care and skill. However, apart from this warranty and to the extent permitted by applicable laws and regulations, neither us nor any of our affiliated companies make any representation or warranty or give any undertaking in relation to the Software or any content submitted, transmitted or displayed by the Software, including any representation, warranty or undertaking that the Software will be uninterrupted, secure or error-free or free from viruses or that our software or services will be compatible with your device or that the Software will be of merchantable quality, fit for a particular purpose or not infringe the intellectual property rights of any person. All of the Software are provided on an “as is” and “as available” basis. To the extent permitted by applicable laws and regulation, you waive any and all implied representations, warranties and undertakings.
Liability
The total aggregate liability of us and our affiliated companies in connection with these Terms or the Software, arising out of any circumstances, shall be limited to the lesser of: (i) the amount that you have paid to us for your use of the Software in the 6 months immediately preceding the date of the most recent claim; and (ii) USD100.
In no event will we or any of our affiliated companies be liable in connection with these Terms or the Software for any damages (whether direct, indirect, special, consequential or punitive damages or for any loss of business, revenues, profits, goodwill, content or data) caused by (i) any computer virus, Trojan horse or other damage caused by malware or hackers; (ii) any malfunction or failure of our or your software, system, hardware or connectivity; (iii) your improper operation; (iv) your use of the Software in breach of these Terms; or (v) other reasons beyond our reasonable control or predictability.
Nothing in these Terms shall limit or exclude any liability under any indemnity, any liability for any loss arising from death or personal injury caused by negligence or fraudulent misrepresentation or any other liability, to the extent that any such liability cannot be limited or excluded by applicable laws and regulations. Nothing in these Terms limit your statutory rights, to the extent these may not be waived.
You agree that if you are using the Software on behalf of a company, partnership, association, government or other organisation, you: (i) represent and warrant that you are authorised to bind that organisation to; and (ii) indemnify us, our partners and our affiliated companies against any claims, demands, losses, costs, expenses and liabilities arising from such use or any breach of these Terms.
Please note that we are not responsible for any charges you incur from any other party (including data charges and any other telecommunications service charges) in relation to your use of the Software.
Termination
These Terms will apply to your use of the Software until access to the Software is terminated either by you or by us. Following termination of these Terms, we will only retain and use your content and data in accordance with these Terms, in particular the Privacy Policy.
General
These Terms are the entire agreement between you and us in relation to the Software. You agree that you will have no claim against us, our partners or any of our affiliated companies for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms shall not effect the validity or enforceability of any other provision. No delay in enforcing any provision of these Terms shall be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and our affiliates and subsidiary companies shall have any right to enforce these Terms against any person.
Except where any applicable special terms incorporated into these Terms provide differently, these Terms and any dispute or claim arising out of or in connection with these Terms shall be governed by the applicable laws and regulations of the Hong Kong Special Administrative Region and all legal proceedings arising out or in connection with these Terms shall be settled by arbitration in English in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force at the time of the dispute, appointing one arbitrator, except, in either case, the applicable laws and regulations of your jurisdiction do not permit this to be the case, in which case such proceedings shall be brought in the courts of the Hong Kong Special Administrative Region.