Welcome to the Photon Flux Network Terms of Service (hereinafter referred to as the "Terms"). The terms and conditions set forth in these Terms of Service apply to your use of the products and services provided by Photon Flux (including server hosting, use of open source services, etc., hereinafter referred to as the "Services").
1. Acceptance of terms
By accessing or using Photon Flux products in any way, you acknowledge that you have entered into these Terms with Photon Flux and agree to be bound by them. You should read and understand the revised Terms carefully after the first use of the Services and have the right to choose to stop using the Services. If you choose to continue using the Service, you accept the revised Terms. In the event of a dispute with Photon Flux, the most recent Terms of Service will be the applicable legal document.
2. Eligibility for services
"The Services are available only to persons or entities that can enter into legally binding contracts under relevant laws. If you do not meet these conditions, please do not use the Services. Photon Flux may refuse to provide the Service to anyone at any time at its discretion.
3. Cost of services
Photon Flux reserves the right to charge fees for the Service upon notice to you. You are responsible for all taxes and fees associated with the use of the Services, including, but not limited to, network service fees, communication fees, and equipment fees. Photon Flux also reserves the right to change or discontinue, temporarily or permanently, some or all of the Services without notice.
4. Information submitted by users
You may submit information to photonwave.com in connection with the Services. You retain ownership of your Submission, but by making a Submission, you grant Photon Fluctuations.com a free, worldwide, non-exclusive license to use, reproduce, distribute, and display such Submission. In addition, Photonwave.com reserves the right to remove or refuse to post your Submission and to use such materials without compensation.
5. Privacy policy
We collect and use certain information about you in order to provide and improve our services. We may also access or disclose your information to comply with legal requirements or to protect our legitimate interests.
6. Termination of services
Photonflux.com may terminate your access to the Service and delete any of your materials at any time for non-payment of fees or if you violate any of the provisions of these Terms.
7. Compliance with the law
You agree not to use the services provided by Photon Flux for any illegal purpose, including but not limited to fraud, pornography or infringement of intellectual property rights and other illegal activities. If you violate this, Photon Flux will suspend the provision of services, and may be held legally responsible.
8. Open source code
If open source software is used in the Services, you are subject to the terms of the respective open source license. The use of open source software is governed by its respective license, and those terms are hereby incorporated by reference and made a part of these Terms.
9. Force majeure
Photonflux.com is not responsible for service interruptions or delays caused by force majeure. Force majeure events include, but are not limited to, natural disasters, wars, governmental actions, public health events, network attacks, and interruptions in telecommunications or power supply. In the event of such events, Photon Flux will endeavor to manage the situation within a reasonable range and restore the service as soon as possible, but Photon Flux will not be liable for any compensation for any service interruption or loss caused as a result.
10. Intellectual property rights
You agree that you will not infringe any third party's copyrights, trademarks, patents, or other intellectual property rights through your use of the Photonflux.com Services. All content and technology accessed through the Photonflux.com Services is the property of Photonflux.com or its licensors. You may not reproduce, modify, rent, loan, sell, distribute or create derivative works from such content without the express permission of Photon Flux or its licensors.
11. Disclaimer
you expressly understand and agree that your use of the photonflux.com services is at your sole risk. the services are provided on an "as is" and "as available" basis. photonflux.com and its suppliers hereby expressly disclaim all warranties of any kind, either express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and non-infringement of the services, and the warranty of error-free or uninterrupted operation.
12. Compensation
You agree to indemnify and hold Photonwave.com, its subsidiaries, affiliates, employees, agents, representatives, and third party service providers harmless from and against any claims, losses, liabilities, suits, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your violation of the TOS, or your infringement of any third-party rights (including intellectual property rights).
13. Limitation of liability
in no event shall photonwave.com or its suppliers or distributors be liable for any indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for loss of profits, loss of data or business interruption, even if photonwave.com has been advised of the possibility of such damages. photonwave.com's entire liability to you for the use or inability to use the service under any circumstances, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the amount you have paid to photonwave.com for the service under the current terms of service.
14. Applicable law and dispute settlement
These Terms will be governed by and construed in accordance with the laws of the People's Republic of China. Any dispute arising out of or in connection with these Terms of Service, the parties shall first seek to resolve it through friendly consultation; in the event that consultation fails, either party may submit the dispute to the people's court of competent jurisdiction in Beijing for resolution through litigation.
15. Modification of terms and severability
Photonflux.com reserves the right to modify the Terms of Service at any time and without prior notice. Any modified terms shall be effective upon posting on the website. If any part of these Terms is held to be invalid or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
16. General provisions
These Terms constitute the entire agreement between you and Photonflux.com with respect to the use of the Services and supersede all prior existing agreements and understandings between the parties with respect to the same subject matter. You may not assign your rights and obligations under these Terms without the prior written consent of Photonflux.com. The failure of Photonflux.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of Photon Flux.
