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By using xyehr.cn or tech-art.us.kg and other affiliated websites and using all related features, including One Captcha, Easy Note and One Calendar (the "Service"), you agree to be bound by the following Terms of Service (the "Terms"). These Terms cover all current and future features provided to you. The Service is operated by Tech-Art Studio ("we" or "us"), a Chinese studio.
If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, its affiliates, and all users who access the Services through your account to these Terms. Without such authority, you do not have the right to use the Services.
1. Users of the Services
The Services are available only to individuals 12 years of age or older, and even then only to minors who have obtained parental or legal guardian consent to open and maintain an account.
The Services are available only to individuals or legal entities. Accounts registered through "bots" or automated methods are unauthorized and will be terminated.
Each user is fully responsible for all actions performed through the Services.
2. Authorized use of the Services
You agree not to use your service for any illegal or prohibited activity. Unauthorized activities include, but are not limited to:
- disrupt the Studio’s network and servers while you are using the Services;
- Access/share/download/upload illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM;
- Any infringement or violation of our or a third party’s intellectual property rights;
- harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- Promote illegal activities or provide instructional information to other parties to carry out illegal activities;
- Engage in spam activities, which is defined as the practice of sending irrelevant or unsolicited messages or content via the Internet, typically to a large number of recipients, especially for the purpose of advertising, phishing, or distributing malware or viruses;
Any account found to be engaging in the listed unauthorized activities will be immediately suspended.
We may also terminate accounts used for illegal activities not listed above, in particular in response to an order from a competent authority notifying of such illegal activities.
3. Limited Warranty and Responsibilities
Despite our best efforts, we do not guarantee the reliability of the Service or the security of user data. The Service is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise out of course of dealing or course of performance or usage of trade.
4. Privacy
Our Privacy Policy explains how we process and protect personal data and privacy in connection with your use of the Services and your browsing of xyehr.cn or tech-art.us.kg and our other websites and sub-sites. By agreeing to these Terms and being able to use the Services, you also agree to our Privacy Policy and its sub-policies.
If, while providing the Services, the Company processes any personal data subject to the EU General Data Protection Regulation (GDPR) on behalf of the User (if the User acts as a data controller), the Company’s Data Processing Agreement shall apply.
5. Modifications to the Terms of Service
The Company reserves the right to review and change these Terms at any time, to the extent permitted by applicable law. You are responsible for regularly reviewing these Terms as long as you are using your account or the Services. Your continued use of your Services, including not deleting your data after such changes are implemented, will constitute your consent to those changes. The latest Terms will apply to any disputes or issues that arise after the Terms are updated.
6. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provisions (unless they materially affect the full intent and purpose of these Terms or unless otherwise provided herein) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best reflects the intent of these Terms so that these Terms shall otherwise remain in full force and effect.
7. Miscellaneous
These Terms do not affect your statutory or legal rights, if any, as a consumer.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
Our failure to enforce any provision of these Terms does not constitute a waiver of that or any other provision.
We may assign these Terms, in whole or in part. In addition, we may delegate our rights and responsibilities or use contractors or agents to perform its obligations under these Terms.
These Terms represent the entire agreement between you and us regarding your use of your account or the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company regarding your account or the Services.
In the event of a discrepancy between the English version of these Terms and any translated version, the English version shall prevail.