Thank you for using KingDraw Premium Service!The User Agreement for KingDraw Premium Service(hereinafter referred to as the"Agreement")is made and concluded between you and KingDraw(defined below)as to your use of the KingDraw Premium Service.Before using the KingDraw Premium Service,it is necessary for you to carefully read and agree to this Agreement:
"KingDraw Premium Service"/the"Service":refers to the services and products included in the KingDraw(http://www.kingdraw.com/indexen?name=membership),1.as updated by KingDraw from time to time,which have been officially introduced by KingDraw or its affiliated companies,and/or any third party in collaboration with KingDraw or its affiliated companies,and can only be used by logging into your KingDraw Online Service Account(defined below).You are only allowed by KingDraw to use the KingDraw Premium Service in the areas outside the Chinese Mainland(defined below).While KingDraw will use commercially reasonable efforts to innovate and modify the Service,you understand and agree that the form and nature of Services furnished by KingDraw may be changed from time to time without a prior notice to you.
"Sub Service":refers to various specific services and products included under the Service,including but not limited to IUPAC name,3D,image identification,structural searching,file sharing,and other sub services that may be officially introduced and included in the scope of the KingDraw Premium Service subsequently by KingDraw.Sub Services may be subject to additional terms and conditions as provided by KingDraw from time to time.
"KingDraw Online Service Account":refers to the KingDraw account and other accounts to be possibly added subsequently by KingDraw,which are used by you to log into the Service,and subject to the terms of the User Service Agreement for a KingDraw Online Service Account as set forth on http://www.kingdraw.com/service,or such other URL as designated by KingDraw from time to time.The KingDraw account is provided by KingDraw.In order to sign up for a KingDraw Online Service Account,you must provide the required registration information and must agree to abide by the pertinent agreements and rules of KingDraw,and complete the registration process to get your account.
"Privileges of Premium":refers to the promotion portfolio of part sub services included in the Service that may be enjoyed only by KingDraw premium users.The specific privileges available to KingDraw premium users are subject to the terms and conditions officially published on the website:https://www.kingdraw.com,as updated by KingDraw from time to time.You understand and acknowledge that KingDraw reserves the right to add,delete,replace or adjust the types,numbers,time limit,contents,and forms of providing of the privileges that may be enjoyed by premium users.
"Term of Membership":refers to the term of the KingDraw membership that you have selected,paid the membership dues and are qualified to enjoy;such term is subject to the term of membership you have independently selected and purchased.
"KingDraw":refers to Qingdao KingAgroot Precision Agriculture Technology Corporation Limited.and its affiliated companies.
"Affiliated Companies":refer to an entity(directly or indirectly)controlling,or controlled by or under common control with a party concerned."Control"means ownership of more than 50%of management or decision-making power of a company(whether through voting,contract or any other means).
"Chinese Mainland":refers to all of the areas within the territory of the People's Republic of China,only for the purposes clearly specified in the Agreement,and excluding Hong Kong Special Administrative Region,Macao Special Administrative Region and Taiwan.
In addition to and not in limitation of your agreement to this Agreement or any other KingDraw Agreement via a click of"Accept the Agreement",“I Agree”or the like,any of the following also constitute your acceptance and agreement to this Agreement(and any other KingDraw agreements applicable to the Service):
Before you proceed,KingDraw strongly recommends that you print out or save the Agreement to your computer for your future reference.
Your consent to the Agreement will be deemed to be your acknowledgment and consent to all stipulations of the Agreement(and any other KingDraw agreements applicable to the Service)as well as your guarantee to fully abide by the Agreement(and any other KingDraw agreements applicable to the Service).
You understand and acknowledge that you must pay to KingDraw the applicable service fee for the chargeable part of the Service.The chargeable parts of the Service include,but are not limited to,the following:
You shall understand and acknowledge that each way of charging fees is formulated and adopted by KingDraw in accordance with availability of the Service,and you can only use the part of the Service for which you have paid the applicable service fee(s)to KingDraw in accordance with a specific way of charging as specified by KingDraw,and you have no right to use the other part or whole of the Service for which you have not paid the applicable service fees under the applicable way of charging.
KingDraw reserves the right to revise and modify the way of charging,charging standards and methods of the service fee(s),and KingDraw may also begin to charge for any free part of the Service.Prior to the aforesaid revision and modification or before the charging is officially begun,KingDraw will make announcements in the pertinent service page via the Website and/or such other communication method as determined by KingDraw.If you do not agree with any modification,revision or chargeable services,your sole remedy is to stop using such part of the Service.
You shall understand that the service fee you have paid to KingDraw does not include the cost arising to you to access the Service(including but not limited to your hardware and software costs,telecommunications costs,mobile phone fees,SMS fees,etc.).
You understand and acknowledge that KingDraw may update,modify or revise this Agreement at any time,including but not limited to as a result of changes in applicable law or regulation.After any such modification is made,KingDraw will use commercially reasonable efforts to inform you of such changes(e.g.via a notice posted to the Website,a message provided through the Service,etc.).However,in some cases(e.g.modification made due to the requirements of applicable laws)KingDraw may require the modifications to the Agreement to take effect immediately.If you do not agree to any modifications of this Agreement by KingDraw,your sole remedy is to stop using any part or whole of the Service to which the modifications apply,and your continued use of any part or whole of the Service after the modification in question is made will be a deemed acceptance by you of the entire modified contents hereof.KingDraw hereby suggests that you visit https://www.wps.com/privacy/cloudservice/periodically to read the newest version of the Agreement,in order to know whether the Agreement has been modified and what has been modified.Except the modification by KingDraw mentioned above,any other modification to this Agreement by you shall be deemed to be void,unless otherwise expressly specified in a written agreement between you and KingDraw on the modification of this Agreement.For this purpose and for the sake of clarity,emails or other communications shall not constitute any valid written agreements for the purposes of any purported modification by you of this Agreement.
You understand and accept,that KingDraw may further expand the sub services included in the Service(such expanded sub services are included in the scope of the Service and are also subject to the Agreement),and the expanded sub services may subject to additional agreement(s)that are specially applicable to the expanded sub services,so please read carefully such agreement(s)(if any)before using said any such sub service.In this circumstance,you may begin to use the new sub services in question under the precondition that you have agreed to this Agreement(and any other KingDraw agreements applicable to the Service),as well as any additional agreements specifically applicable to the expanded sub services.If you do not accept any additional agreements specifically applicable to the expanded sub services,you may not use the new sub services.Your use of any of the new sub services will be deemed to be your acceptance of this Agreement(and any other KingDraw agreements applicable to the Service),as well as any additional agreements specifically applicable to the expanded sub services.You understand and acknowledge that,where there are any conflicts between the Agreement and any newly added special agreements with respect to the new sub services,such newly added agreements shall prevail with respect to the new sub services.
The specific services included by the Service shall be as determined by KingDraw,and KingDraw reserves the right to adjust(including delete,replace,add)sub services provided and to modify the specific contents,standards,number of items,etc.of any service.KingDraw may introduce,on the basis of any specific services included in the Service,the value-added functions and services that you are required to purchase separately,and in this circumstance,if you want to use said value-added functions and services,you shall pay to KingDraw for purchasing any such value-added function and service at the price then provided by KingDraw,as updated by KingDraw from time to time.
Please see the User Service Agreement for KingDraw Online Service Account for the terms and conditions applicable to the launching,suspension and termination of the Service.
The method with respect to the registration,log in and use of the Service as officially published by KingDraw is the only authorized method for registering,logging in and using the Service.Any other channel,measure or method used by you to access to the Service will be deemed to be unauthorized;KingDraw reserves the right to deal with any unauthorized methods via deletion,cancellation,removal and account banning,etc.or any other methods as determined by KingDraw in its sole discretion,and any unfavorable results or liabilities arising therefrom shall be borne solely by you.
Anything to the contrary herein notwithstanding,the Service is only available for your own use,and you shall not partially or wholly transfer,assign,license and sub-license any part or whole of the Service to any other party.
You shall not make use of the accounts of the KingDraw Online Service by means of re-sale,replacement,leasing,lending,sublicensing,farming,transferring etc.,and KingDraw reserves the right to deal with any such improper usage by any means in KingDraw’s sole discretion,including but not limited to banning accounts.You understand and acknowledge that part of the sub services included in the Service may set limits on the amount of equipment utilized by you for the on-line use of such services at the same time and/or other restrictions concerning multiple logins or usage,and in the event that you have exceeded any such limit or restriction,KingDraw reserves the right to terminate,modify or ban your account or take such other actions as KingDraw determines in its sole discretion.Please refer to the any terms and conditions provided through the Service,including prompts shown when you use the Service,for the applicable limits of equipment type,logins allowed,usage restrictions,etc.to which you are subject to.
You may be required to install the software of KingDraw during the use of the Service;and under such a circumstance,you can only install the software after you have acquired the legal authorization of said software and install it within the scope of the authorization,and you may need to pay extra fee in order to gain such legal authorization.You understand that,even if you have paid for the use of any part or whole of the Service,your payment does not include any fees(if any)required for you to gain such legal authorization,and if there is a need to install and use said software,you shall read and agree to all of the articles provided in the agreements attached to or provided with said software,and shall pay to KingDraw the authorization fee for said software in accordance with the charging policy formulated by KingDraw.
KingDraw,with a view to improve user experience and safety of the Service and consistency of the product functions,may update the software provided by KingDraw.If you have acquired the legal authorization of said software,you shall update the software to its latest version;KingDraw makes no guarantee that the software will function properly or in an error free manner.
In addition to using the Service via software,you may also utilize the pertinent website of KingDraw(hereinafter referred to as"Website of the Service")to use the Service.The Website of the Service provides the pertinent services in accordance with your orders(including but not limited to the operation directly made by you on the Website of the Service,or the operation made by you to the client software on the premise of using the account and password of KingDraw Online Service).
When using the Service via the Website of the Service,you shall not:perform any behavior that may impose any unreasonable load or interference with the operation of the Website of the Service or the Service(including any network accessed in accordance therewith);upload,display,copy,issue,spread or transfer in other means any illegal or infringing information and data via the Website of the Service or the Service.
In the event that you violate any provisions of this Agreement,any other KingDraw agreements applicable to the Service,and/or any other agreement between you and KingDraw,KingDraw reserves the right to ask you to correct your behaviors or directly take corresponding actions including but not limited to(a)shield,correct or cancel the pertinent contents stored under the Service;(b)stop providing service for you,and/or(c)terminate the part or whole of the Service available to you.KingDraw undertakes no obligation to retain your pertinent contents stored in the Service,or transfer said contents to you or any third party specified by you.Any penalty,investigation,litigation,claim for compensation or demands that may be incurred or imposed by your acts or omissions,or any losses resulting from them shall be solely assumed by you at your own expense,and any resulting responsibilities shall also be independently undertaken by you.You shall indemnify,defend and hold KingDraw harmless from and against any and all claims arising out of your use of the Service,your breach of this Agreement or any other KingDraw agreements applicable to the Service,and/or any other agreement between you and KingDraw or any other actions or omissions in connection with your use of the Service,and indemnify and hold KingDraw(including its subsidiaries,affiliated companies,officers,agents,employees,advertisers and partners)harmless from and against all losses(including direct and indirect losses and damages however characterized)and all expenses therefrom(including legal cost,appraisal fee,and attorneys’fees,other third-party professional agencies,etc.)where liabilities,damages(actual or indirect),losses and expenses(including legal and other disciplinary fees)are incurred by KingDraw.In the event of such claims,KingDraw will send you the notification on such claims,litigations and actions according to your contact information in your account.Even if you fail to receive such notification,your indemnification obligations hereunder shall not be eliminated or mitigated thereby.If the Service is terminated due to your violation of the Agreement or any other KingDraw agreements applicable to the Service,and/or any other agreement between you and KingDraw,any service fee already is paid by will not be refunded.
KingDraw shall not be liable for any failure or delay in providing any Services hereunder if such failure or delay is due to an act of God,fire,casualty,flood,war,terrorism,strike,lockout,labor trouble,computer viruses,Government shutdown,hacking,failure of public utilities,facility shutdown,injunction,epidemic,riot,insurrection or any other circumstances beyond the reasonable control of KingDraw which prevents or delays performance by KingDraw under this Agreement.
Geographic limitations.As discussed below,some KingDraw Online Service Accounts and sub services there under may ONLY be utilized outside of the Chinese Mainland and some KingDraw Online Service Accounts and sub services there under may ONLY be utilized within the Chinese Mainland.Please note that the KingDraw Online Service Account specified in this Agreement or any other applicable KingDraw Agreements can only be used to log into and use the Service provided to the users outside the Chinese Mainland,and you have no right to log into and use the service provided by the affiliated companies of KingDraw to the users in the Chinese Mainland;on the other hand,the KingDraw registered from the Chinese Mainland can only be used by you to log into and use the service provided by the affiliated companies of KingDraw and/or by any third party partners in collaboration with KingDraw and its affiliated companies to the users in the Chinese Mainland,and you have no right to log in and use such service outside Chinese mainland.KingDraw or its affiliated companies have the right to independently determine whether you are a user in the Chinese Mainland via the country or area code,IP address,equipment identifier,etc.shown during your login or use of the Service
Whereas the provision of the Service depends on the services and resources provided by any other third party,your sole remedy,if any,is with such third party and not KingDraw.
3.1.The following Limited Warranty is intended to replace any and all other warranties(if any)that may be found in any documents,packages,or other data,whatever clearly expressed or implied.And KingDraw only provides the Service(including the current and subsequently added functions(if any))AS IS and with all faults excluding only the foregoing.:
3.2.The products and services provided by KingDraw shall conform,in all material respects,with the official documentation for such products and services published by KingDraw,as updated by KingDraw from time to time.In the event of a breach of this warranty,your sole remedy and KingDraw’s sole obligation is to use commercially reasonable efforts to modify the products and services to be conforming,or to modify the documentation of KingDraw;
3.3.KingDraw,to the maximum extent allowed by the applicable laws and regulations,provides no other warranties,whatever clearly expressed or implied,including but not limited to any implied warranty of merchantability,reliability,accuracy,completeness,no virus and no error.
3.4.KingDraw,to the maximum extent allowed by the applicable laws and regulations,neither warrants that the services and products provided by KingDraw can definitely meet your requirements and expectation,nor warrants that the services and products will not be disrupted,or of the promptness,safety and no error of the services and products,or accurate,timely and smooth transmission of information.
3.5.To the maximum extent permitted by applicable law and regulation,in no event shall KingDraw or its providers be liable to you or any third party for any indirect,incidental,consequential,special,punitive or any other damages(including without limitation,damages for property destroyed,loss of profits,loss of data,business interruption,breakdown or failure of any Device,loss of business information,privacy or security breach of the Service or otherwise regardless of whether or not such damages resulted from the failure to fulfill any responsibilities including good faith or due diligence,damages for negligence,or damages for monetary loss or any other losses),even if KingDraw or its providers have been advised of the possibility of such damages.The foregoing disclaimers will apply even if any remedy hereunder fails of its intended purpose.To the maximum extent permitted by law,in no event shall WPS or its providers be liable to you or pay any damages to you under this Agreement in excess in the fees paid by you to KingDraw for the specific portion of the Service giving rise to the liability in the three(3)months prior to the act giving rise to the liability.In addition,KingDraw will not be liable for any claim or damage arising from the content provided by you or a third party and utilized via the Service or any other content related thereto.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.THEREFORE,SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
No Third-party Beneficiary
The Agreement is made and concluded out of your and KingDraw's interests.Except for permitted assigns and successors,the Agreement is not made and concluded for the benefit of any other party.
The export or use of this Service shall be in accordance with all applicable laws and regulations,which include various restrictions on destinations,end users and end usage.
The whole or part contents of some sub services under the Service may be derived from the other third-party partners,and such contents may be cancelled due to the termination or modification of KingDraw’s agreement with such third-party partners.To the extent any such cancellations or terminations affect the service fees you have paid to KingDraw for such third party services,KingDraw will use commercially reasonable efforts to negotiate with the third parties,and if the third parties agree,you can continue using the sub services in question until all of the service fees you have paid have been utilized;however,if any such third parties do not agree that you may continue using such sub services,KingDraw will deduct a certain percentage of service fee in accordance with the circumstances as determined by KingDraw,and shall refund the remaining pre-paid service fee for such third party service.Under such a circumstance,KingDraw reserves the right to determine the percentage of such deduction in its sole discretion.
If you do not agree to any of independent agreements,rules,etc.(if any)attached to and specially applied to any sub service under the Service,you have no right to use the sub service,even if you have accepted this Agreement and have fully paid the required service fee,and under such a circumstance,KingDraw is not obligated to refund to you any such service fee.
Where there are any disagreements and conflicts between this Article XII of the Agreement and any other article hereof,Article X shall prevail.
All of the notices to you will be sent via the website with respect to the Service,email,ordinary messages or SMS.Other important matters may also be informed via the aforesaid methods.
Such notices shall be deemed as having been sent to the recipients on the date of sending or announcement.KingDraw shall bear no any responsibilities for the failure of the email you provided to receive the notices sent by KingDraw due any reason,including but not limited to:such email becomes invalid or it has email filtering or blocking enabled.
This Agreement will be governed by the internal substantive laws of the State of California without regard to its conflicts of laws provisions.The United Nations Convention on Contracts of International Sales of Goods also does not apply to this Agreement.The English version is the official version of this Agreement,and other language versions(in any)of this Agreement are just for your reference.Should there be any discrepancy between English version and version of any other language,the English version shall prevail.
Except as otherwise provided in this Agreement,the exercise by any party of its remedies under this Agreement shall not prejudice any other remedies which may be available pursuant to this Agreement or otherwise.If any provision of this Agreement is held to be unenforceable or invalid,it will be executed to the fullest extent possible,whilst the other provisions shall continue in effect.This Agreement,together with the other WPS Agreements,constitutes the entire and exclusive understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals,understandings or communications relating to this subject either in oral or written form.
You and we agree that any dispute,claim or controversy arising out of or relating in any way to the Services or this Agreement,shall be determined by binding arbitration or in small claims court.Arbitration is more informal than a lawsuit in court.Arbitration uses a neutral arbitrator instead of a judge or jury,allows for more limited discovery than in court,and is subject to very limited review by courts.Arbitrators can award the same damages and relief that a court can award.You agree that,by agreeing to this Agreement,the U.S.Federal Arbitration Act governs the interpretation and enforcement of this provision,and that you and we are each waiving the right to a trial by jury or to participate in a class action.This arbitration provision shall survive termination of this Agreement and the termination of your subscription.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes(collectively,"AAA Rules")of the American Arbitration Association("AAA"),as modified by this Agreement,and will be administered by the AAA.The arbitrator is bound by the terms of this Agreement.All issues are for the arbitrator to decide,including issues relating to the scope and enforceability of this arbitration agreement.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further,unless both you and we agree otherwise,the arbitrator may not consolidate more than one person's claims with your claims,and may not otherwise preside over any form of a representative or class proceeding.If this specific provision is found to be unenforceable,then the entirety of this arbitration provision shall be null and void.The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
By using the Services,you consent to receiving electronic communications from us relating to your account.These communications may involve sending emails to your email address provided during registration,or posting communications through the Service and are part of your relationship with us.You agree that any notice,agreements,disclosure or other communications that we send to you electronically will satisfy any legal communication requirements,including that such communications be in writing.You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.You also consent to receiving certain other communications from us,such as information about features and content,special offers,promotional announcements and customer surveys via email or other methods.If you no longer want to receive certain non-transactional communications,simply contact us as provided on the Official Website.Please review our Privacy Protection Policy of KingDraw for further detail on our marketing communications.
If you are a citizen of any European Union country or the United Kingdom,Switzerland,Norway or Iceland,the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Do not hesitate to contact KingDraw email@example.com you have any opinion or suggestion on any part of the Service or Agreement.