Term and Conditions
1. WHO WE ARE
1.1 We are Capitan An, Inc. Chinese name: 安心队长 (“we”, “us” and “our”), a company incorporated under the laws of State of Delaware.
2. AGREEMENT BETWEEN YOU AND US
2.1 These terms and conditions, (the “Terms”) govern your access to and use of links to websites, Conference mobile applications and your participation in the online surveys relating to the Conference (together, the “Website”).
2.2 You should read this document carefully. By visiting, accessing, using or contributing to the Website, you agree that you have read and accepted these Terms and agree to be legally bound to them. If you do not wish to be bound by these Terms, please immediately cease your use of the Website and delete all Conference apps from your device.
3.1 These Terms govern the relationship between us and:
3.1.1 visitors to the Conference Websites and their related subdomains;
3.1.2 users of the Conference apps; and
3.1.3 participants of the online surveys relating to a Conference.
4.1 These Terms include and incorporate by reference the https://www.capitanan.com/, which explains the types of information collected, stored, shared and processed in connection with the Website, how and why we use such information, whom we share it with and your legal rights.
5. CHANGES TO THIS POLICY
5.1 These Terms apply to you from the date of publishing and until these Terms are superseded by a new version. We may update these Terms at any time for legal or regulatory reasons, or to reflect changes in our services or business practices. Any amended Terms will be posted on https://www.capitanan.com/
6. CONTACT US
For questions about registration or assistance with any registration problems, or if you have any other questions, concerns, or complaints, you may contact at firstname.lastname@example.org
7. ACCESSING THE WEBSITE
7.1 When accessing and using the Website and its related subdomains you are prohibited from:
7.1.1 violating any law, statute, ordinance or regulation;
7.1.2 using the Website (or any part of it) for any illegal purpose and you
agree to use it in accordance with all relevant laws;
7.1.3 promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any illegal acts;
7.1.4 uploading or transmitting through the Website any computer viruses, macro viruses, Trojan horses, worms or anything other harmful activity;
7.1.5 overriding any security feature of the Website or jeopardize the security of your account or someone else’s account (such as allowing someone else to log in to the Website as you);
7.1.6 interfering with the operation of, or places an unreasonable load on, the Website (such as viruses, denial of service attack or gaming algorithms);
7.1.7 using manual or automated software, devices or other means or processes to access, scrape or crawl the Website or any content or information contained in it;
7.1.8 engaging in ‘framing’, ‘mirroring’, or otherwise simulating the appearance or function of the Website;
7.1.9 removing any copyright, trademark or other proprietary rights notices contained in or on the Website;
7.1.10 modifying, creating derivative works or copying or storing any significant portion of the Website or any related technology (unless allowed by law or we expressly authorize);
7.1.11 using the Website (or any part of it) in a manner which may result in; (i) the Website being interrupted, damaged, rendered less efficient or such manner designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or Website; (ii) sharing any material which is unlawful, libelous, abusive, obscene, pornographic, discriminatory, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar invasive of another’s privacy, hateful or otherwise objectionable, defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iii) impairing the effectiveness or functionality of the Website; or (iv) violating or infringing the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality and/ or privacy) of the Website;
7.1.12 attempting to grant any unauthorized access to any part or component of the Website;
7.1.13 copying or distributing any part of the Website in any medium without our prior written consent; and
7.1.14 altering or modifying any part of the Website other than as may be reasonably necessary to use the Website for its intended use; or
7.1.15 reverse engineering, decompiling, disassembling deciphering or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Website or any related technology, or any part thereof unless allowed by law.
8. BADGE SCANNING
8.1 If you choose to complete an app profile on a Conference app, your profile will be discoverable and visible in the app to other attendees of the Conference. Enabling QR code scanning in your profile will allow other attendees (both individuals and companies) to receive your contact information by scanning your badge. You may be asked to scan your badge either at exhibit booths and/or session rooms. Please note scanning of your badge is optional. When your attendee badge is scanned by other attendees, you are opting-in to receiving communications from that entity or individual. You will be subject to the communications and privacy policies of those entities and individuals so you must exercise your rights and any revocation of consent for communications with such third parties.
9.1 While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. We will develop and operate the Website with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware, however, the Website, all materials, information, software, products and services included in or available through the Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement and we do not guarantee that access to the Website will be uninterrupted or error-free.
9.2 To the fullest extent permitted by the applicable law, we disclaim all warranties or conditions, either express or implied, or any part of them in relation to the Website, all materials, information, software, products or services offered on the Website whether by us or on our behalf, and in relation to any results or information obtained through the Website and any reliance on any such results or information and conclusions drawn from such results or information. You acknowledge and agree that in accepting these Terms you have not relied on any representation or warranty that is not expressly included in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms.
9.3 To the fullest extent permitted by applicable law, we disclaim all warranties, representations, conditions and duties of any kind, whether implied or expressed, including without limitation, any warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
9.4 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the timeliness, security, performance or privacy of the Website and any information provided to or taken from the Website by you.
10. CAPITAN AN INC. IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE
The content on our website related to legal matters is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
The information published on our website and sent by our company, if any, is provided for informational purposes only. Capitan An does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.
If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Capitan An nor any information provided by Capitan An is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As Capitan An is not a law firm, please note that communications between you and Capitan An may not be protected as privileged communications under the attorney-client privilege or work product doctrine. If you use the Capitan An membership service, it does not create an attorney-client relationship between you and Capitan An, or between you and any Capitan An employee or representative. Unless you are otherwise represented by an attorney, including a participating attorney, you represent yourself in any legal matter you undertake through our consulting services.
CAPITAN AN INC. SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION PROVIDED, ANY PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
11.1 To the fullest extent allowed by applicable law:
11.1.1 we and our related companies shall not be liable to you whether in contract, tort (including for negligence), misrepresentation, restitution or otherwise for any loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings or income; loss of opportunity; loss of or damage to goodwill; loss of use or corruption of software, data or information; and/or similar losses or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with the performance or contemplated performance of the Terms, even if we had been advised of the possibility of same in advance; and
11.1.2 subject to paragraph 11.1.1, our total aggregate liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, arising under or in connection with the performance or contemplated performance of the Terms is limited to $ 5.00.
11.2 Nothing in these Terms purports to exclude or limit liability for any fraudulent statement or act or in respect of any liability that cannot exclude or limited under applicable law.
12.1 You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all claims, liability, damages, losses, costs, and expenses, including legal fees, that arise out of or are related to any breach of the Terms by you or any other liabilities incurred by us arising out of your use or misuse of the Website, or use by any other person accessing the Website using your internet access account.
13 INTELLECTUAL PROPERTY
13.1 We are the owner or licensee of all intellectual property rights in the Website. You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorized by us. We reserve all rights not expressly granted in and to the Website and the content on the Website. You agree not to copy, publish, republish, redistribute, archive, store, adapt, alter, modify, translate, create derivative works from, summarize, photocopy, scan, syndicate, sell, license, frame, harvest, scrape, grant or purport to grant any rights in or otherwise make available any content from the Website.
13.2 “Capitan An, Inc.”, “Capitan An”, and the Chinese name in Chinese characters “安心队长”, are trademarks belonging to us. No license or consent is granted to you to use these trademarks in any way and you agree not to use these trademarks without our prior written permission.
14.1 We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Websites, with or without notice, for any reason or no reason, including without limitation your violation of these Terms.
15. STATUTORY RIGHTS
15.1 Nothing in these Terms affects your statutory rights as a consumer.
16. GOVERNING LAW AND JURISDICTION
16.1 This interpretation, formation, and operation of the Terms and all non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with and all disputes between the parties arising out of or in any way relating to the Terms or any disputes between the parties in any way connected with the subject matter of these Terms (whether contractual or non-contractual) shall be governed by, the laws of United States.
16.2 Each of the parties submits to the exclusive jurisdiction of the State of New York.
16.3 Nothing contained in the Terms shall limit our right to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
17. SOME FINAL TERMS
17.2 If a court with jurisdiction over these Terms finds that any part of these Terms is wholly or partly unenforceable, you and we agree that where possible, the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree that the court should not have regard to that unenforceable part but still enforce the rest of these Terms.
17.3 If we fail to insist that you perform any of your obligations under these Terms or we do not act or delay in acting to in exercise a right or remedy provided by these Terms that does not mean we have waived our rights or remedies against you and will not mean that you do not have to comply with your obligations.
17.4 These Terms are personal to you. You agree not to assign or transfer your rights or obligations under these Terms to anyone else without receiving our prior written consent. We may assign or transfer these Terms without your consent by providing you with notice.
17.5 You and us agree that no agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect.
17.6 You agree that the only way you can provide us with a legal notice is at the address(s) set out in Part A above.
17.7 To the extent allowed by law, the English language version of these Terms is binding and any translations are for convenience only.
17.8 In these Terms:
17.8.1 a reference to these Terms includes all of its parts, and includes any amendment to or replacement of them;
17.8.2 headings are for reference purposes only and do not form part of these Terms;
17.8.3 a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
17.8.4 the singular includes the plural and vice versa; and
17.8.5 “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.
17.9 If you are a consumer, nothing in these Terms excludes any of your applicable consumer or other statutory legal rights that cannot be waived.