感谢您对深圳市卓立久科技有限公司及其附属公司(统称为“ZENIKO”)以及ZENIKO提供的各种网站(包括我们的网站www.Zeniko.com以及由ZENIKO链接到www.Zeniko.com的所有关联网站(统称为“本网站”)的兴趣。请仔细阅读以下条款。当您访问本网站或通过本网站为您提供的任何服务时，您即承认您已阅读、理解并同意受以下条款和条件以及Zeniko隐私政策(可在https:/www.Zeniko.com/policy)(以下统称“条款”)。如您不同意相关变更，应当立即停止使用。
1.资格
您必须年满16周岁才能访问本网站。同意这些条款，即表示您向我们声明并保证(A)你至少年满16岁:(B)你以前从未被停职或被移离地盘:及(C)您对本网站的访问符合所有适用的法律和法规。如您代表一家公司或其他法律主体在本公司登记，则您声明和保证，您有权使该公司或其他法律主体受本协议“条款”约束。且您同意代表该组织遵守这些条款。
2.帐户和注册
若要访问网站的某些功能，例如您参加Zeniko论坛时，可能需要注册Zeniko帐户。您在注册账户或使用我们的服务时，向我们提供的相关个人信息，例如电话号码、电子邮件或银行卡号等，您声明并保证您向我们提供的信息是准确的，您将始终保持信息的准确性和最新性。当您注册时，您将被要求提供密码。您须自行负责对您的注册名和密码保密，且须对您在注册名和密码下发生的所有活动承担责任。
3.购买;附加条款和条件
商品或服务的购买，以及本网站的特定部分可能受附加条款和条件的约束;所有附加条款均通过引用的方式纳入本条款。您同意遵守所有该等其他条款和条件包括具有足够法定年龄以使用本网站或服务的某些部分的陈述。如果这些条款与特定于本网站某个部分的条款或特定于本网站提供的特定服务的条款之间存在任何冲突，则您同意后者条款将控制您对本网站该部分或特定服务的使用。
4.用户内容
4.1用户内容一般。Zeniko论坛等网站的某些功能可允许用户向网站上传内容，包括消息、评论、照片、视频、图像、文件夹、数据、文本和其他类型的作品(“用户内容”)，并在网站上发布用户内容。您保留在您发布到本网站的用户内容中可能持有的版权和任何其他所有权。
4.2向zeniko授予有限许可。过张贴或发布“用户内容”，您授予泽尼科全球性的、非排他性的、免版税的、全额付费的权利和许可(拥有再授权的权利)以任何媒体形式及透过任何现在已知或未来开发的媒体渠道，托管、储存、转移、展示、执行、复制、修改您的用户内容的全部或部分，并以格式化展示为目的而分发您的用户内容。
4.3授予其他用户的有限许可。通过发布用户内容或与本网站的其他用户共享用户内容，您授予这些用户在本条款和本网站功能允许的范围内访问和使用该用户内容的非独家许可。
4.4用户内容声明和保证。您对您的用户内容以及发布或发布用户内容的后果承担全部责任。通过发布或发布用户内容，您确认、声明和保 证:a)。您是用户内容的创造者和所有者，或拥有必要的许可、权利、同意、授权Zeniko和本网站用户按照Zeniko、本网站和本条款规定的方式，在必要时使用和分发您的用户内容，以行使您在本节中授予的许可:b)。您的用户内容，以及使用您的用户内容按本条款预期、没有也不会:(一)侵犯，违反，或盗用任何第三方权利，包括任何版权，商标，专利，商业秘密，道德权利、隐私权、形象权或任何其他知识产权或所有权:(i)诽谤、诋毁、中伤或侵犯任何其他人的隐私权、形象权或其他财产权;或(i)导致Zeniko违反任何法律或法规。
4.5用户内容免责声明。Zeniko没有义务编辑或控制您或其他用户发布或发布的用户内容，也不会以任何方式对用户内容负责或负责。但是，Zeniko可以在任何时候且无需事先通知的情况下，屏蔽、删除、编辑或阻止任何经Zeniko自行判断违反这些条款或在其他方面令人反感的用户内容。您理解，当您访问本网站时，您将从各种来源接触到“用户内容”，并承认“用户内容”可能不准确、具有性、不雅或令人反感。您同意放弃并确实放弃您就用户内容对Zeniko拥有或可能拥有的任何法律或衡平法上的权利或救济。我们明确声明不承担与用户内容有关的任何及所有责任。如果我们收到用户或内容所有者的通知，声称用户内容不符合这些条款，我们可以调查该指控，并自行决定是否删除用户内容，我们保留在任何时候不经通知删除用户内容的权利。为明确起见，Zeniko不允许在本网站上进行侵犯版权的活动。
4.6数字千年版权法)。DMCA通知书。我们遵守适用于互联网服务提供商的《数字千年版权法案》(17U.S.C.S512，经修订)的规定。如果您对本网站上发布的材料有版权相关投诉，您可以通过以下地址联系我们的指定代理:地址:DMCA通知向盼地址:深圳市泽尼科科技有限公司深圳市罗湖区桂园街道新围社区深南东路5033号金山大厦1208室518057中国电话0755电子邮件:dept-ip@Zeniko.COMPLEASE注章、根据美国联邦法律、如果您故意歪曲任何声称中本服务扦管或通过本服务分发的材料侵犯知识产权的通知必须符合17U.S.C.中所述的通知要素。第512条b款)。重复侵权者。Zeniko将立即终止由Zeniko确定为“重复侵权”的用户的帐户，恕不另行通知。重复侵权者是指已多次收到侵权活动通知或已多次从本网站删除用户内容的用户。
5.使用本网站
您同意，您不得对任何资料作商业性利用，包括但不限于在未经中华讲师网授权高层管理人员事先书面批准的情况下，复制在中华讲师网网站上展示的任何资料并用于商业用途。对于位于中国的用户，您同意遵守“中华人民共和国保守国家秘密法，《中华人民共和国著作权法》、《中华人民共和国计算机信息系统安全保护条例》、《计算机软件条例》、《中华人民共和国著作权法》、《中华人民共和国计算机信息系统安全保护条例》保护》、《互联网电子公告网站管理要求》、《信息网络传播权保护条例》等适用的法律法规、实施办法。对于违反中国相关法律法规的用户内容，Zeniko保留审查、删除或禁止访问的权利。Zeniko也欢迎用户报告任何违反适用法律或法规的用户内容。
6.禁止行为
您同意不会出于任何非法目的或违反任何地方、州、国家或国际法律而访问本网站;
6.2进行可能对他人有害或可能损害Zeniko声誉的活动;
6.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
6.4 Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
6.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other Zeniko account without permission, or falsifying your age or date of birth;
6.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
6.8 Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
6.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
6.10 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent Zeniko makes available the means for embedding any part of the Site or the User Content;
6.11 Access, tamper with, or use non-public areas of the Site, Zeniko’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Zeniko’s providers;
6.12 Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
6.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
6.14 Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, Zeniko may in its sole discretion terminate your Zeniko account or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content. You may terminate your Zeniko account at any time by contacting customer service via https://www.Zeniko.com/feedback or at serivesupport@Zeniko.com.
8. PRIVACY POLICY; ADDITIONAL TERMS
8.1 Privacy PolicyPlease read the Zeniko Privacy Policy at https://www.Zeniko.com/policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Zeniko Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
8.2 Additional Terms1.1 Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”), such as the Zeniko Forum Rules or the Zeniko Store’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.
9. MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
10. OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by Zeniko. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Zeniko are protected by intellectual property and other laws. All Materials contained in the Site are the property of Zeniko and its third-party licensors. Except as expressly authorized by Zeniko, you may not make use of the Materials. Zeniko reserves all rights to the Materials not granted expressly in these Terms.
11. FEEDBACK
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by Zeniko (“Feedback”), then you hereby grant Zeniko an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
12. INDEMNITY
You are responsible for your access to the Site. You will defend and indemnify Zeniko and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Zeniko Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
13. DISCLAIMERS; NO WARRANTIES.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Godox ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE Zeniko ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE Zeniko ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, Zeniko DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT Zeniko IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE Zeniko ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Zeniko ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE Zeniko ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. GOVERNING LAW
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Zeniko agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.
16. GENERAL
You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Zeniko, either specific or general, in jurisdictions other than California. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and Zeniko regarding your access to the Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 GenerallyIn the interest of resolving disputes between you and Zeniko in the most expedient and cost effective manner, you and Zeniko agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Zeniko ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Arbitrator Any arbitration between you and Zeniko will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Zeniko.
17.4 Notice; ProcessA party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Zeniko’s address for Notice is: :1208 Room, Jinshan Building, No. 5033, Shennan East Road, Xinwei Community,Guiyuan Street, Luohu District, Shenzhen City, China, 518057. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Zeniko may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Zeniko must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Zeniko will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Zeniko in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
17.5 FeesIf you commence arbitration in accordance with these Terms, Zeniko will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Zeniko for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6 No Class Actions YOU AND Zeniko 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 Zeniko agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.7 Modifications of This Arbitration ProvisionIf Zeniko makes any future change to this arbitration provision, other than a change to Zeniko's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Zeniko’s address for Notice, in which case your account with Zeniko will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.8 Enforceability If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.