You are contracting with Alibaba Cloud (Singapore) Private Limited (“Alibaba Cloud”) under these terms and conditions (these “Terms”). You agree and accept that, in addition to these Terms, your application and participation in the [Create@Alibaba Cloud] (the “Program”) is bound by any and all of the rules, polices, privacy policy and terms of use of the Alibaba Cloud international website, currently located at URL: www.alibabacloud.com or such other URL(s) as may be designated from time to time (the “Alibaba Cloud Platform”).
Alibaba Cloud shall have the right to (a) reject any application to participate in the Program or (b) suspend or terminate your participation in the Program at any time in its sole discretion (including without limitation, if you breach these Terms or engage in any deceptive, malicious, immoral or unlawful conduct in respect of any credits provided to you by Alibaba Cloud). For the avoidance of doubt, Alibaba Cloud shall have the sole right and discretion to make any and all decisions relating to all matters relating to your participation in the Program
Alibaba Cloud reserves the right to amend these Terms at any time. The amended and restated Terms shall be effective immediately upon posting on the Alibaba Cloud Platform. After posting of the amended and restated Terms, your continued participation in the Program shall be deemed to be your acceptance of the amended and restated Terms. Alibaba Cloud reserves the sole and final right of interpretation of these Terms.
Alibaba Cloud reserves the right in its sole and absolute discretion to temporarily or permanently cancel, modify or suspend the Program at any time in whole or in part, without liability to you.
You represent, warrant and covenant to Alibaba Cloud that:
(a) any and all information you provided to Alibaba Cloud pursuant to your application to join the Program is true, accurate, complete, lawful and valid;
(b) you have not participated in any other similar assistance programs offered by Alibaba Cloud;
(c) you have and will continue to, at all times during your participation in the Program, abide by the Terms and all relevant rules published on the Alibaba Cloud Platform;
(d) you will not infringe the legitimate rights of any third parties, including but not limited to the intellectual property rights and property ownership right of any third parties pursuant to your participation in the Program; and
(e) your participation in the Program complies or will comply with any and all applicable laws and regulations in yourapplicable jurisdiction .
You agree to indemnify Alibaba Cloud and its affiliates and their employees, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your breach of any of the terms of these Terms pursuant to your participation in the Program. Alibaba Cloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba Cloud in asserting any available defenses.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, ALIBABA CLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM YOUR PARTICIPATION IN THE PROGRAM.
These Terms and your agreement with Alibaba Cloud for participating in the Program are governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to any conflict of law provisions. You and Alibaba Cloud hereby agree to submit to the exclusive jurisdiction of the courts of Hong Kong.