服务条款

您对Pay4Bugs虫虫网产品、软件、服务及网站（本文件中合称“服务”，不包括在单独的书面协议项下Attigo向您提供的任何服务）的使用适用您和Attigo之间法律协议的条款。“ Attigo”指Attigo (Hong Kong) Limited，注册办公室地址位于中华人民共和国香港特别行政区香港岛中环区德铺道中26号永安中区大厦1801房。本文件解释了协议如何制定，并陈述了协议中的若干条款。
使用服务必须首先同意本条款。如果您不接受本条款则不可使用服务。
Attigo向您提供本条款英文文本的翻译件时，您同意翻译件仅供您方便之用，本条款的英文文本适用于您和Attigo之间的关系。
如果本条款英文文本和翻译文本存在任何冲突，则以英文文本为准。
本条款及本条款项下您与Attigo的关系，受美国俄亥俄州法律管辖，但排除其冲突法规定。您与Attigo均同意接受位于俄亥俄州圣Cuyahoga县境内的法院的专属管辖权，以解决任何由本条款引起的法律事项。尽管有上述规定，您同意Attigo仍被允许请求任何辖区内的禁制令救济（或同等类型的紧急法定救济）。
客户服务条款
测试员服务条款

客户英文文本服务条款

1. Your relationship with Attigo Hong Kong

1.1 Your submission of assignments (as defined in 9.1 below) to Attigo Hong Kong's Pay4Bugs Site (hereinafter the "Site") is subject to the terms of a legal agreement between you and Attigo (Hong Kong) Limited (hereinafter "HK"), whose principal place of business is 1801 Wing On Central Building, 26 Des Voeux Road C, Central Hong Kong SAR. This document explains the terms of that agreement.

1.2 Unless otherwise agreed in writing with HK, your agreement with HK will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "BASIC Terms".

1.3 Your agreement with HK will also include any Legal Notices applicable to your use of the Site in addition to the BASIC Terms. All of these are referred to below as the “Supplemental Terms”. Where Supplemental Terms apply to your submission of bugs these will be accessible for you to read either within, or through your use of the Site.

1.4 The Basic Terms, together with the Supplemental Terms, form a legally binding agreement between you and HK in relation to your use of the Site. It is important that you take the time to read them carefully. Collectively, these Terms are referred to as the "Agreement".

1.5 If there is any contradiction between what the Supplemental Terms say and what the Basic Terms say, then the Supplemental Terms shall take precedence in relation to the use of the Site.

2. Accepting the Terms

2.1 In order to use the Site, you must first agree to the Agreement.

2.2 You can accept the Agreement:

(A) by clicking to accept or agree to the Agreement, where this option is made available to you by HK in the user interface; or

(B) by actually using the Site. In this case, you understand and agree that your use of the Site is acceptance of the Agreement from that point onwards.

2.3 You may not use the Site and may not accept the agreement if (a) you are not of legal age to form a binding contract with HK, or (b) you are a person or entity barred from using the Site under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.

2.4 Before you continue, please print off or save a copy of the Basic Terms for your records.

2.5 By accepting this Agreement you agree that HK may, at any time and for any reason change, modify any term or provision in this Agreement or terminate this Agreement in whole or part, such change shall become effective on the date that the change is posted to the Site. If you are unwilling to accept the change, you must terminate your use of the Site. Continued use of the Site will be deemed acceptance to the new terms and conditions.

3. Language of the Agreement

3.1 This Agreement is in the English Language. If HK has provided a translation in another language it is only for your convenience. You agree that the English meaning governs the Agreement.

3.2 If there is any contradiction between the English language version of the Agreement and a translation then the English language version shall take precedence.

4. Use of the Site by You

4.1 In order to use the Site, you may be required to provide information about yourself (such as identification, contact details or payment information) as part of the registration and/or payment process for the Site, or as part of your continued use of the Site. You agree that any registration and/or payment information you give to HK will always be accurate, correct and up to date.

4.2 You agree to use the Site only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by HK, unless you have been specifically allowed to do so in an agreement with HK.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).

4.5 Unless you have been specifically permitted to do so in a separate agreement with HK, you agree that you will not reproduce, duplicate, or copy the Site.

4.6 You agree that you are solely responsible for (and that HK has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which HK may suffer) of any such breach.

5. Your Passwords and Account Security

5.1 You agree and understand that HK maintains account security by requiring use of an OpenID provider or usernames and passwords. It is exclusively your responsibility to insure that your OpenID provider does not improperly identify a party to be you, since HK will exclusively rely on that identification in providing access to your account. In the event that you use a username and password, you assume all responsibility for the security of your username and password, and you agree that any use of the Site by any party using your username and password, whether authorized by you or not, shall be solely your responsibility.

5.2 Accordingly, you agree that you will be solely responsible to HK for all activities that occur under your account. Any payment made by HK to the location designated by your account at the time of payment shall be deemed payment to you whether or not you actually receive the amount paid and shall satisfy any and all obligations of HK.

5.3 If you become aware of any unauthorized use of your account your only recourse is to remedy the problem with your OpenID provider or to inform HK to disable the current means of access to your account.

6. Role and Use of Site

6.1 You agree that this Site is simply a means to bring parties who wish to have a discrepancy, defect or error in their software (“Bug” or “Bugs”) detected and third parties who wish to examine that software for Bugs. An assignment(“Assignment”) is a specific instruction to find and describe a Bug in a particular software product.

6.2 You agree that you will not use this Site or any information provided or obtained from this Site to contact or attempt to contact another party who is submitting Bugs on this Site or any party who has identified software on this Site to be debugged, except by means and in a manner expressly permitted by the Site.

6.3 You agree that the Site is time sensitive and that information and postings on the can change frequently on the Site. The Site may contain referrals to other web sites which HK can not review or endorse and it undertakes no such obligations. Therefore you agree to assume all responsibility for any information or material you encounter by the use of the Site which may be misleading, deceptive, offensive, and inaccurate or in any other manner or form objectionable. You agree to use prudence, caution and common sense when using the Site.

6.4 You agree that HK simply brings you (the “Client”) and parties desiring to debug your software (“Tester” or “Testers”) together and it does not conduct, nor can it conduct and a review of any kind concerning the honesty, competence, reliability, character or any other attribute of the Testers. You agree to assume all risk associated with use of the Site and any interaction or transaction associated with the Site.

6.5 You agree that in connection with your use of the Site you will not attempt to duplicate or reverse engineer or in any other way appropriate property of HK available or described on the Site.

6.6 You agree that your conduct on the Site or with Testers associated with the Site will at all times be professional and courteous.

6.7 By submitting content you hereby grant HK and the Site a world-wide, perpetual, royalty-free license to use, copy, and display ad transmit such content, under your intellectual and property rights worldwide.

7. Privacy and Your Personal Information

7.1 For information about HK’s data protection practices, please read HK's privacy policy at http://pay4bugs.com/privacy. This policy explains how HK treats your personal information, and protects your privacy, when you use the Site.

7.2 You agree to the use of your data in accordance with HK’s privacy policies.

8. Requirements for Posting An Assignment

8.1 In order to be eligible to post Assignment it submitted must be in the manner and form described in the Site at the time of submission.

8.2 You agree that HK in its sole discretion shall determine whether an Assignment is eligible to be posted or remain on the Site once posted.

8.3 You represent and warrant that you have legal right to content which you submit to or in connection with the Site and that content you submit does not infringe the or misappropriate the property of a third party or does not infringe or violate and law or regulation, or that it will be obscene, defamatory or libelous, or contain viruses or other programming routine designed to damage or interfere with the operation of the Site or another person’s software, or intercept or appropriate any system or personal data.

8.4 You agree not to attempt to contact a Tester through information gained through the Site with the intent of subverting him from using the Site

8.5 You agree not to distribute unsolicited commercial messages(spam) through your account on the Site.

8.6 You agree that no guarantee is given that any or all bugs in a Company's software shall be found and diagnosed as a result of engaging Testers through the Site.

8.7 You agree and acknowledge that unless explicitly requested in writing to the contrary, the Site may display company name, logo and public description as part of the Site website and / or other Site marketing material.

8.8 You agree not to use your Site account to post false or misleading project descriptions. You may not post Assignments that are inappropriate for the Site audience, viewers, or visitors, as more fully described below. The Site and HK shall have sole discretion, in determining the appropriateness of any content posted to or available through the Site. You shall not falsify your identity or the identity of any third-party. You agree to comply with all of the Site’s specified policies.

8.9 You represent and warrant that your content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of a third-party; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain pornography; (e) will not include incomplete, false or inaccurate information about your Company, any User or any other individual; (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) all verification information is authentic, accurate and not misleading. You hereby agree to indemnify HK and the Site from and against any costs, expenses liabilities and fees (including legal fees) relating to any claims which result from your breach of the foregoing representations and warranty.

8.10 You agree and acknowledge that HK may share anonymous information with the high-tech community, including data related to general testing time, standards, average number of bugs found, the number of bugs fixed and additional aggregated statistical reports regarding Companies' applications that are being or have been tested. HK will not specify any Company's name or provide personal information relating to the Company (i.e. such as e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and/or the type of applications or software being tested.

9. Posting Assignments

9.1 An assignment on this Site means posting a request directly, or by reference to another site, to a third party to examine certain software and to determine if a Bug or Bugs exist and to inform you of the existence and nature of the Bug ("Assignment").

9.2 You may post an Assignment in which you offer no money to the third party for the detection and description of a Bug ("Free Assignment") or you may post an Assignment in which you offer to compensate a third party to detect and describe a Bug ("Paid Assignment").

9.3 In order to post Paid Assignments, you must, in addition to complying with other instructions in the Site, purchase credits in the manner described on the Site. You shall be entitled to a refund of credits if there are no pending Bugs and no posted Paid Assignments as follows: (a)a full refund of credits remaining in your account for the first 14 days (24 hour days) after the time you purchased those specific credits; (b)a refund of credits remaining in your account less a service charge of 10% after 7 days through 180 days after the time you purchased those specific credits. Credits that are in your account for more than 180 days are not refundable. Refunds will ONLY be made via the same method by which you purchased credits and they must be initiated on the interface provided on the Site. Refund policy for monthly purchase options are described on the Site.

9.4 If you post no new Paid Assignments for a period of two years or no payments are made to testers from your account for a two year period, your account may be closed and all funds remaining in it may be forfeited.

9.5 You shall determine whether an identified Bug qualifies for payment which determination you shall make no more than 7 days after the bug has been submitted to you and your decision shall be final unless specific provisions on the Site permit that determination to be contested. However, you understand that you shall not unreasonably reject a bug for payment since to do so would impair the goodwill of the Site.

9.6 You shall promptly, but in any event no later than 7 days after a tester has submitted a Bug inform the Site whether to deny payment for the Bug. Failure to respond in this period will be deemed to be an authorization to pay the tester for the Bug. An authorization once given cannot be rescinded. The Site shall then post to account of the Tester who submitted the Bug the amount you specified for the Bug, less payment fees.

9.7 All transactions with the Site and HK must be in US Dollars and by methods identified by HK on the Site. Any amounts displayed on the Site in other currencies are for reference purposes only. In the event that HK accepts payment in currency other than US dollars, they shall, at the sole discretion set the rate of exchange

9.8 All fees and payments are rounded up to the nearest cent.

10 Taxes and Other Governmental Obligations

10.1 You agree that it is your obligation to comply with all applicable governmental regulations related to your use of the Site including but not limited to the reporting of all sums paid to Testers by HK and the payment of all taxes you may owe as a result of the use of the Site.

10.2 You agree to indemnify and hold HK harmless for any claims made against that result from your failure to comply with 10.1

10.3 In the event that HK determines that it has a reporting obligation in connection with your use of the Site you agree to provide HK with such information or complete such forms as HK deems in its sole discretion are necessary to comply with that reporting obligation.

10.4 You agree that HK may withhold payment on any sums due to you until you comply with 10.3.

11. Risk With Respect To Client Assignments on the Site

11.1 HK makes no representation of warranty concerning the honesty or financial condition of Testers who use the Site.

11.2 You understand that you assume all risk associated with the receipt of data or information from Testers, even if paid by HK, in the event that such information is illegally transferred to you in any jurisdiction having jurisdiction of you, a Tester, HK or the Site.

11.3 You agree to indemnify and hold HK harmless as a result of your failure to comply with 11.2.

12. Dispute Between You and a Tester

12.1 You understand and agree that the Site’s sole purpose is a middleman who brings Clients, who wish to have their software reviewed and persons who are willing to perform the service of reviewing the software.

12.2 You acknowledge that HK undertakes no review of the legitimacy, financial condition skill, knowledge, ability or honesty of a Tester and you acknowledge that you are assuming all risk and liability associated with using the Site and soliciting the services of a Tester by means of the Site.

13. Proprietary rights

13.1 You acknowledge and agree that HK (or HK licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that your use of the Site may result in the disclosure of information which is designated confidential by HK and that you shall not disclose such information without HK’s prior written consent.

13.2 Unless you have agreed otherwise in writing with HK, nothing in the BASIC Terms gives you a right to use any of HK’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

13.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with HK, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Agreement.

13.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained on the Site.

13.5 Unless you have been expressly authorized to do so in writing by HK you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

14. Your Relationship With HK

14.1 You agree that your use of the Site does not create any legal relationship between you, HK and the Site, except as expressly stated in this Agreement.

14.2 You agree that your use of the Site does not permit you to claim that you are affiliated with or in any way associated with HK, Pay4Bugs, Attigo Corporation or any of its affiliates or subsidiaries or send any unsolicited e-mail (spam) in any way referring to any of the foregoing.

15 Ending your relationship with HK

15.1 The BASIC Terms will continue to apply until terminated as set out below.

15.2 If you want to terminate this agreement with you may do so by (a) notifying and (b) closing your account on the Site, where has made this option available to you. Your notice should be sent by e-mail to support@pay4bugs.com.

15.3 HK may at any time, terminate this agreement with you if:
(A) you have breached any provision of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) HK is required to do so by law (for example, where use of the Site by you is, or becomes, unlawful); or
(C) HK is transitioning to no longer providing the access to the Site to users in the country in which you are resident or from which you use the Site; or
(D) the use of the Site by you is, in HK’s opinion, no longer commercially viable.

15.4 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and HK have benefited from, been subject to (or which have accrued over time whilst this Agreement have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

16. EXCLUSION OF WARRANTIES

16.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HK's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE’S USE IS PROVIDED "AS IS" AND “AS AVAILABLE.”

16.3 IN PARTICULAR, HK, ITS SUBSIDIARIES AND AFFILIATES, CLIENTS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE WILL BE CORRECTED.

16.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

16.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HK OR THROUGH OR FROM THE TESTERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

16.6 HK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

17. LIMITATION OF LIABILITY

17.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 16.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HK, ITS SUBSIDIARIES AND AFFILIATES, CLIENTS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY FACT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CLIENT THAT APPEARS ON THE SITE;
(II) ANY CHANGES WHICH HK MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(III) YOUR FAILURE TO PROVIDE HK WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(V) THE FACT THAT BUGS YOU SUBMITTED WERE NOT APPROVED FOR PAYMENT OR ACCRUED SUMS WERE FORFEITED;

17.2 THE LIMITATIONS ON HK’S LIABILITY TO YOU IN PARAGRAPH 17.1 ABOVE SHALL APPLY WHETHER OR NOT HK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

18. In consideration for HK granting you access to and use of the Site, you agree that HK may place advertising on the Site.

19. Other content

19.1 The Site may include hyperlinks to other web sites or content or resources. HK may have no control over any web sites or resources which are provided by companies or persons other than HK.

19.2 You acknowledge and agree that HK is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

19.3 You acknowledge and agree that HK is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

20. Changes to the Terms

20.1 HK may make changes to the BASIC Terms or Supplemental Terms from time to time. When these changes are made, HK will make a new copy of the BASIC Terms available and any new Supplemental Terms will be made available to you from within, or through, the Site.

20.2 You understand and agree that if you use the Site after the date on which the BASIC Terms or Supplemental Terms have changed, HK will treat your use as acceptance of the updated BASIC Terms or Supplemental Terms.

21. General legal terms

21.1 Sometimes when you use the Site, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement with HK does not affect your legal relationship with these other companies or individuals.

21.2 This Agreement constitutes the whole legal agreement between you and HK and governs your use of the Services (but excluding any services which HK may provide to you under a separate written agreement), and completely replaces any prior agreements between you and HK in relation to the Site.

21.3 You agree that HK may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.

21.4 You agree that if HK does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which HK has the benefit of under any applicable law), this will not be taken to be a formal waiver of HK’s rights and that those rights or remedies will still be available to HK.

21.5 YOU AGREE TO HOLD HK AND ITS AFFILIATES AND CLIENTS HARMLESS FOR ALL LOSSES, INCLUDING ATTORNEYS FEES, THAT IT MAY SUSTAIN AS A RESULT OF YOUR BREACH OF ANY WARRANTY OR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT.

21.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of this Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

21.7 You acknowledge and agree that each member of the group of companies which includes the parent, affiliate or subsidiary of HK shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.

21.8 The Agreement, and your relationship with HK under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and HK agree to submit to the exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio, USA to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that HK shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

January 28, 2010

测试员英文文本服务条款

1. Your relationship with Attigo (Hong Kong) Limited

1.1 Your submission of bugs(as the term "bug" is defined in 6.1) to Attigo (Hong Kong) Limited’s Pay4Bugs Site (hereinafter the “Site”) is subject to the terms of a legal agreement between you and Attigo (Hong Kong) Limited (hereinafter “HK”), whose registered office is located at 1801 Wing On Central Building, 26 Des Voeux Road C, Central, Hong Kong SAR. This document explains the terms of that agreement.

1.5 If there is any contradiction between what the Supplemental Terms say and what the Basic Terms say, then the Supplemental Terms shall take precedence in relation to the use of the Site.

2. Accepting the Terms

2.1 In order to use the Site, you must first agree to the Agreement.

2.2 You can accept the Agreement:

(A) by clicking to accept or agree to the Agreement, where this option is made available to you by HK in the user interface; or

(B) by actually using the Site. In this case, you understand and agree that your use of the Site is acceptance of the Agreement from that point onwards.

2.3 You may not use the Site and may not accept the agreement if (a) you are not of legal age to form a binding contract with HK, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.

2.4 Before you continue, please print off or save a copy of the Basic Terms for your records.

3. Language of the Agreement

3.1 This Agreement is in the English Language. If HK has provided a translation or summary in another language it is only for your convenience. You agree that the English meaning governs the Agreement.

3.2 If there is any contradiction between the English language version of the Agreement and a translation or summary then the English language version shall take precedence.

4. Use of the Site by You

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).

4.5 Unless you have been specifically permitted to do so in a separate agreement with HK, you agree that you will not reproduce, duplicate, or copy the Site.

5. Your Account Security

5.1 You agree and understand that HK maintains account security by requiring use of an OpenID provider. It is exclusively your responsibility to insure that your OpenID provider does not improperly identify a party to be you, since HK will exclusively rely on that identification in providing access to your account.

5.3 If you become aware of any unauthorized use of your account your only recourse is to remedy the problem with your OpenID provider.

6. Role and Use of Site

6.1 You agree that this Site is simply a means to bring parties who wish to have a discrepancy, defect or error in their software (“Bug” or “Bugs”) detected and you, who wish to examine that software for Bugs.

6.4 You agree that HK simply brings you and clients together and it does not conduct, nor can it conduct and review of any kind concerning the honesty, competence, reliability, character or any other attribute of the client. You agree to assume all risk associated with use of the Site and any interaction or transaction associated with the Site.

6.5 You agree that in connection with your use of the Site you will not attempt to duplicate or reverse engineer or in any other way appropriate property of clients or HK available or described on the Site.

6.6 You agree that your conduct on the Site or with other persons or clients associated with the Site will at all times be professional and courteous.

6.7 By submitting content you hereby grant HK and the Site a world-wide, perpetual, royalty-free license to use, copy , modify, display and perform such content, under your intellectual and property rights worldwide.

7. Privacy and Your Personal Information

7.2 You agree to the use of your data in accordance with HK’s privacy policies in addition you specifically agree to permit HK to share your information with Clients, as the term is defined in 9.4 below.

8. Requirements for the Submission of Bugs

8.1 In order to be eligible for payment a Bug must submitted must be in the manner and form described in the Site at the time of submission.

8.2 You agree that HK in its sole discretion shall determine whether a Bug has been submitted as required by 8.1.

8.3 You represent and warrant that you have legal right to content which you submit to or in connection with the Site and that content you submit does not infringe the or misappropriate the property of a third party or does not infringe or violate and law or regulation, or that it will be obscene, defamatory or libelous, or contain viruses or other programming routines designed to damage or interfere with the operation of the Site or client’s software, or intercept or appropriate any system or personal data.

9. Referrals

9.1 You may be entitled to a referral commission described on the referral page of the Site. You may not refer yourself or create multiple accounts for referrals to obtain referral commissions. You may not partner with another person to share or transfer the commission made from your own account. Commissions will be included in your account and must meet the terms in 10 herein for payment. No referrals apply for someone is an employee of HK, its parent or affiliate in any capacity.

9.2 Additional conditions and rates for referrals are contained on the referral page of the Site.

10. Conditions for Payment for Bugs

10.1 You agree that HK and any client of HK whose software is identified on the Site as software, whose owner/designers will pay for Bugs identified in their software (“Client”), shall determine in their sole discretion whether a party who submits a Bug is entitled to payment. Only the First party who submits a specific Bug shall be entitled to payment. You will receive notification of the determination as to whether a Bug you identified entitles you to payment or has been rejected by notification on the Site.

10.2 Determination as to whether a Bug qualifies for payment is final unless specific provisions on the Site permit that determination to be contested. If the Site provisions permit you to contest a determination that a Bug submitted does not entitle you to payment, then the conditions on the Site shall be deemed Supplemental Terms of this agreement between you and HK. You agree that HK and each client shall the right to unilaterally accept or reject a bug reported by you and that you shall not receive payment in the event of such rejections, and you agree that HK shall have no liability in the event of such rejections.

10.3 You shall be responsible for payment of all payment fees associated with your account, which shall be deducted from the amount due to you.

10.4 HK has no obligation to pay you for Bugs submitted and approved until the amount owed to you exceeds a certain minimum amount in any calendar year (“Accrued Minimum Amount”) which is identified on the Site. HK in its sole discretion may change The Accrued Minimum Amount and it shall apply to all sums that have presently accrued in your account. Payment shall be made on or about the 20th of the month for all amounts in your account in the preceding month provided that in the preceding month the amount in your account exceeds the Accrued Minimum Amount. Amounts in your account that are not paid shall continue to accrue until such time as the Accrued Minimum Amount is met or the account is closed and the amount remaining in the account is forfeited. If you do not accrue more than the Accrued Minimum Amount in any 365 day period after the account is opened, then the HK may close the account and all accrued sums are forfeited.

10.5 HK shall have no obligation to pay you for Bugs identified in the software of third parties (“Clients”) on the Site which you have identified and it has been determined that you are entitled to payment until such time as HK receives the payment, including fees due HK from the Clients.

10.6 HK shall only be obligated to make payments in US Dollars and by methods identified by HK on the Site. Any amounts displayed on the Site in other currencies are for reference purposes only. In the event that HK or its clients elect to pay in currency other than US dollars, they shall, at the sole discretion set the rate of exchange.

10.7 You agree that HK shall only pay the amount described on the Site for each Bug identified and approved regardless of the time you spend to identify the Bug. The price paid per bug may change from time to time based on numerous factors, so you must check the site regularly to determine current prices. The price for a bug is determined by the price posted on the Site at the time of the bug’s submission.

10.8 You agree that it is your obligation to arrange for payment by one of the means which HK has identified on the Site. In the event that you have no done so within 90 days of the time at which the amount in your account meets the Accrued Minimum Amount, you shall forfeit the entire amount accrued in your account.

10.9 All fees and payments are rounded up to the nearest cent.

11 Taxes and Other Governmental Obligations

11.1 You agree that it is your obligation to comply with all applicable governmental regulations related you your receipt of any monies paid to you by HK including but not limited to the reporting of all sums received from HK and the payment of all taxes you may owe as a result of the monies received from HK.

11.2 You agree to indemnify and hold HK harmless for any claims made against that result from your failure to comply with 10.1.

11.3 In the event that HK determines that it has a reporting obligation in connection with funds paid to you agree to provide HK with such information or complete such forms as HK deems in its sole discretion are necessary to comply with that reporting obligation.

11.4 You agree that HK may withhold payment on any sums due to you until you comply with 11.3.

12. Risk With Respect To Client Software on Site

12.1 HK makes no representation or warranty concerning the honesty or financial condition of Clients who use the Site, including but not limited to any verification information.

12.2 You understand that you assume all risk associated with the receipt of sums from Clients, even if paid HK, in the event that such sums are via fraudulent or illegal means and you agree that you will return any sums paid to you that have been determined that by a governmental entity having jurisdiction over you or HK, or both determine is to be repaid.

12.3 You agree to indemnify and hold HK harmless as a result of your failure to comply with 12.2.

13 Nature of Accounts

13.1 You agree that you will have no more than one account on the Site in which you are directly or indirectly the beneficial party in interest, regardless of the name or description of the account.

13.2 In the event you do not comply 13.1, HK shall have the right to terminate all accounts and you shall forfeit all amounts accrued in the forfeited accounts.

13.3 You may not use an account of the Site to earn sums on Client software where you have a beneficial interest in that Client software, or where you have a obligation, directly or indirectly, by employment or contract or otherwise to provide programming services in connection with that software. In the event that you do not comply with this provision, HK may immediately terminate all of your accounts and you will forfeit all accrued sums. In addition, you shall be obligated to return all sums paid to you by HK through the account and you hereby consent to judgment for sums which you are required to return pursuant to this provision.

14. Ownership of Bugs Identified

14.1 By submission of a Bug you hereby grant to HK all rights title and interest of any kind, property right or otherwise, to HK regardless of whether you are paid for the submission.

14.2 HK shall have the unrestricted right to transfer, disclose or disseminate information provided as a Bug in any way it chooses.

14.3 By submission of a Bug you hereby warrant and represent to you have the legal right to make the submission and the grant the right rights described in

15. Dispute Between You and Client

15.1 You understand and agree that the Site’s sole purpose is to serve as a middleman bringing together Clients who wish to have their software reviewed and persons who are willing to perform the service of reviewing the software.

15.2 You acknowledge that HK undertakes no review of the legitimacy, financial condition, of clients and you acknowledge that you are assuming all risk and liability associated with using the Site and performing services for any client on the Site.

16. Proprietary rights

16.1 You acknowledge and agree that HK (or HK licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that your use of the Site may result in the disclosure of information which is designated confidential by HK and that you shall not disclose such information without HK’s prior written consent.

16.2 Unless you have agreed otherwise in writing with HK, nothing in the BASIC Terms gives you a right to use any of HK’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

16.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with HK, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Agreement.

16.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained on the Site.

16.5 Unless you have been expressly authorized to do so in writing by HK you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

16.6 You acknowledge that information disclosed to you by HK or a Client of the Site with respect to software to be debugged is their property and you agree not to disclose any information concerning this software that is not in the public domain to any party without the express written consent of HK or its Client, whoever was the source of the disclosure.

17. Your Relationship With HK

17.1 You agree that your use of the Site does not constitute employment of you by HK or its Clients.

17.2 You agree that your use of the Site does not permit you to claim that you are affiliated with or in any way associated with HK, Pay4Bugs, Attigo Corporation or any of its affiliates or subsidiaries or send any unsolicited e-mail (spam) in any way referring to any of the foregoing or Clients of the Site.

17.3 You agree that your use of the Site does not create any legal relationship between you, HK and the Site, except as expressly stated in this Agreement.

18 Ending your relationship with HK

18.1 The BASIC Terms will continue to apply until terminated as set out below.

18.2 If you want to terminate this agreement with HK you may do so by (a) notifying and (b) closing your account on the Site, where HK has made this option available to you. Your notice should be sent by email to support@pay4bugs.com.

18.3 HK may at any time, terminate this agreement with you if:
(A) you have breached any provision of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) HK is required to do so by law (for example, where use of the Site by you is, or becomes, unlawful); or
(C) HK is transitioning to no longer providing the access to the Site to users in the country in which you are resident or from which you use the Site; or
(D) the use of the Site by you is, in HK’s opinion, no longer commercially viable.

18.4 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and HK have benefited from, been subject to (or which have accrued over time whilst this Agreement have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

19. EXCLUSION OF WARRANTIES

19.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HK's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE’S USE IS PROVIDED "AS IS" AND “AS AVAILABLE.”

19.3 IN PARTICULAR, HK, ITS SUBSIDIARIES AND AFFILIATES, CLIENTS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE WILL BE CORRECTED.

19.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

19.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HK OR THROUGH OR FROM THE CLIENTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

19.6 HK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

20. LIMITATION OF LIABILITY

20.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 20.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HK, ITS SUBSIDIARIES AND AFFILIATES, CLIENTS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY FACT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CLIENT THAT APPEARS ON THE SITE;
(II) ANY CHANGES WHICH HK MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(III) YOUR FAILURE TO PROVIDE HK WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(V) THE FACT THAT BUGS YOU SUBMITTED WERE NOT APPROVED FOR PAYMENT OR ACCRUED SUMS WERE FORFEITED;

20.2 THE LIMITATIONS ON HK’S LIABILITY TO YOU IN PARAGRAPH 20.1 ABOVE SHALL APPLY WHETHER OR NOT HK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

21. In consideration for HK granting you access to and use of the Site, you agree that HK may place advertising on the Site.

22. Other content

22.1 The Site may include hyperlinks to other web sites or content or resources. HK may have no control over any web sites or resources which are provided by companies or persons other than HK.

22.2 You acknowledge and agree that HK is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

22.3 You acknowledge and agree that HK is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

23. Changes to the Terms

23.1 HK may make changes to the BASIC Terms or Supplemental Terms from time to time. When these changes are made, HK will make a new copy of the BASIC Terms available and any new Supplemental Terms will be made available to you from within, or through, the Site.

23.2 You understand and agree that if you use the Site after the date on which the BASIC Terms or Supplemental Terms have changed, HK will treat your use as acceptance of the updated BASIC Terms or Supplemental Terms.

24. General legal terms

24.1 Sometimes when you use the Site, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement with HK does not affect your legal relationship with these other companies or individuals.

24.2 This Agreement constitutes the whole legal agreement between you and HK and governs your use of the Services (but excluding any services which HK may provide to you under a separate written agreement), and completely replaces any prior agreements between you and HK in relation to the Site.

24.3 You agree that HK may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.

24.4 You agree that if HK does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which HK has the benefit of under any applicable law), this will not be taken to be a formal waiver of HK’s rights and that those rights or remedies will still be available to HK.

24.5 YOU AGREE TO HOLD HK AND ITS AFFILIATES AND CLIENTS HARMLESS FOR ALL LOSSES, INCLUDING ATTORNEYS FEES, THAT IT MAY SUSTAIN AS A RESULT OF YOUR BREACH OF ANY WARRANTY OR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT.

24.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of this Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

24.7 You acknowledge and agree that each member of the group of companies which includes the parent, affiliate or subsidiary of HK shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.

24.8 The Agreement, and your relationship with HK under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and HK agree to submit to the exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio, USA to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that HK shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

January 28, 2010