Membership Agreement

您在预览模式下使用任何O'Reilly在线学习平台服务，在免费试用基础上或根据您购买会员资格或其他服务提供，也受到我们的服务条款（“TOS”）。

This Membership Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and O’Reilly Media, Inc. (“O’Reilly”). It applies to your use of any of the O’Reilly online learning platform services in preview mode, on a free trial basis, or pursuant to your purchase of a membership or any other O’Reilly service offering.

这些服务是在您同意和遵守本协议和TOS的情况下提供的，并且您承认您已阅读O'Reilly的Privacy Policy（“隐私政策”）。“服务”是指奥莱利提供的O'Reilly在线学习平台服务根据您的会员级别提供给您。本协议管理您对该服务的使用以及它包含的内容。通过使用该服务，您同意本协议和TO的条款。如果您不同意本协议和/或TOS的条款，则不应使用该服务。

使用范围。

“术语”意味着您的会员资格的持续时间，包括任何免费的试用期。在您遵守本协议的情况下，O'Reilly在该期间授予您在本协议中描述的权利。Access to the Service, and the content it contains, is limited to only those individuals and teams who are currently members in good standing, or who are authorized users of the Service under an agreement between O’Reilly and a company or other entity (the “Sponsor”). The Sponsor may require that you comply with additional terms and conditions. The Service is provided for your personal use only. Sharing user names, passwords, memberships, and/or accounts is prohibited.

内容使用和限制。

Each User is permitted during the Term to use the electronic tools provided by the Service to:

• electronically search across and view the full content of the works in the Service;
• print, download and store Sections (defined below) of a work on the individual User's hard drive or other storage device for such individual User's personal use only; and
• quote portions of works accessible via the Service in other works that the User creates, up to an aggregate of 250 words from any single text or a comparable strictly limited portion of material in other media, provided that the copyright owner is given proper attribution in any publication or other media in which the quote appears, based on the proprietary notices appearing with the content in the Service.

“部分”是指通过服务一次向用户显示的工作的有限部分。用户可以在整个部分中自由滚动。要访问另一个部分，需要用户单击。

在术语期间还允许每个人或教授作为课程讲师保留或雇用的每个用户，或者由赞助商保留或雇用，但是

• post, for the benefit of his or her enrolled students, up to 2 Sections of works included in the Service on the Sponsor's institutional or other instruction-related intranet, provided that (i) the site is monitored for unauthorized use by the institution (or the Sponsor, in the case of a Sponsor agreement), (ii) use of the posted Sections is limited to students enrolled in the User's course, and (iii) the posted material is removed when the course is completed (or upon termination of the applicable membership or Sponsor agreement, if that occurs first); and
• reproduce in hard copy format no more than 2 Sections of any work included in the Service, for use by enrolled students in courses conducted by the User.

If the User teacher, professor, or instructor desires to provide access for a course to more than 2 Sections of any work contained in the Service, each student is required to have his or her own individual membership in order to access that content.

You acknowledge and agree that:

• 严禁使用“Web蜘蛛”或任何其他自动检索机制（服务的检索和检索特征）的任何使用，并且此类禁止使用包括但不限于使用下载或打印内容;
• 您不会，并不允许其他人（包括其他用户）：（i）修改，删除，增强，发布，传输，参与转移或销售，创建衍生工程，或以任何方式利用任何方式content accessed via the Service, in whole or in part, except as expressly provided in this Agreement, or except in ways which qualify as “fair use” under U.S. copyright law (Section 107 of Title 17 of the United States Code) (“U.S. Fair Use”); (ii) post any content accessed via the Service to Usenet, or any third party website, or provide such content to others by any other means, such as an intranet system, blogs or RSS feeds, except as specifically authorized by this Agreement, or as permitted under U.S. Fair Use; (iii) assign, license, or otherwise transfer to any third party, all or any part of rights granted to you under this Agreement, or any content accessible through the Service; (iv) circumvent O’Reilly's content security measures; and (v) provide any commercial hosting service with access to the Service, and/or content accessed through the Service.

You will notify O’Reilly immediately of any actual or suspected (a) unauthorized use(s) of the Service, or any content accessed through the Service, or (b) breach of security, including loss, theft, or unauthorized disclosure of any password or credit card information, or confidential information related to the Service.

通过服务访问的内容。

The content accessed through the Service may include inaccuracies or errors. Changes are periodically made to the content. O’Reilly may rename, make improvements and/or changes in, and/or withdraw any components from the Service at any time without notice, and with or without refunds. In the case of removal of any work from the Service by O’Reilly, all content from that work stored by you on any hard drive or storage device must be destroyed or deleted.

除本协议明确允许的情况外，可能无法以任何形式存储，再现或通过任何形式存储，再现或通过版权所有者的明确书面许可来存储，再现或通过任何形式存储。O'Reilly及其内容提供商在本协议中储备所有未明确授予的权利。O'Reilly或其内容提供商拥有该服务的标题，版权和其他知识产权，并通过它访问的内容。您可能不会删除或掩盖在服务中出现的任何版权或其他专有通知或通过它访问的内容。通过它提供的服务和内容在本协议下提供了有限的基础，并未向您出售或以其他方式转移。

O’Reilly collects technical and usage information in the course of managing, providing and supporting the Service, and O’Reilly is permitted to use this information on an anonymized basis to improve its service. For more information, refer to thePrivacy Policy。

The Service may include links to third party sites. The third party sites are not under O’Reilly's control, and O’Reilly is not responsible for their contents, or any links contained in them. O’Reilly is providing these links as a convenience, and the inclusion of any link does not imply endorsement by O’Reilly.

Some content in the Service may be subject to U.S. regulations prohibiting export in certain situations, and you agree to comply with all applicable international and national technology export laws, including the U.S. Export Administration Regulations.

O’Reilly may terminate or suspend any User's or Sponsor's access to the Service in the event of any actual or alleged fraud or violation of this Agreement and/or violation of the Sponsor's agreement with O’Reilly, the intellectual property rights of any owner of any content contained in the Service, or any additional terms and conditions which the Sponsor has placed on use of the Service.

在租赁期满或终止您的会员资格,or of your status as an authorized User under a Sponsor agreement, you must immediately cease using the Service, and all copies of content accessed via the Service stored by you on any hard drive or other storage device or in hard copy must be deleted or destroyed.

免责声明保证和排除适用法律所允许的某些损害赔偿问题。

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES IN RESPECT OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS, DELAYS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER IMPLIED WARRANTIES. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

NEITHER O’REILLY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT, EVEN IF O’REILLY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.

根据本协议，o'Reilly的唯一和独家补救措施和o'reilly和任何供应商的全部责任仅限于退还您服务的付款。

Under no circumstances shall O’Reilly or its suppliers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or other causes beyond its reasonable control, including, without limitation, Internet failures, telecommunication equipment failures, fires, floods, etc.

Feedback and Comments/Contributions Regarding Pre-publication Content.

O’Reilly welcomes feedback from Users regarding the Service and its content, and with respect to certain works included in the Service prior to publication elsewhere, O’Reilly or its content providers may provide you with the opportunity to comment on or make contributions to those works. “Feedback” means any and all evaluations, feedback, comments, contributions, ideas, suggestions, and any other communications regarding the Service, or any content in the Service, that Users may provide or otherwise make available to O’Reilly. You grant to O’Reilly the irrevocable and non-exclusive right in its sole discretion to use the Feedback as it deems appropriate in connection with the development and/or modification of the Service or any other work, product or service. The rights granted by you include the right to modify the Feedback and/or to combine it with other content and suggestions, and the right to authorize others to exercise any rights granted to O’Reilly under this Section 5. Neither O’Reilly, nor anyone to whom O’Reilly grants rights under this Section 5, will have any obligation or liability to you with respect to any use made of the Feedback. You warrant and represent that your Feedback will not (a) include unauthorized disclosure(s) of personal information, trade secrets, or confidential information; (b) violate anyone's rights, including without limitation intellectual property rights; (c) contain software viruses or any other elements designed to interrupt, destroy or limit the functionality of any software, systems, or devices; (d) contain or link to commercial solicitations; (e) contain data or technology subject to restriction under laws regulating the export and other dissemination of information or technology; or (f) be inaccurate, defamatory, obscene, harassing, or otherwise objectionable.

User's Conduct. You agree that you will not use the Service or any of its features to:

• transmit spam, bulk, or unsolicited communications;
• forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content;
• 歪曲您的身份，或与任何人或实体的义务;
• 扰乱对话的正常流动或以其他方式行动，以对其他用户参与现场或任何网站项目或服务的方式产生负面影响;
• engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or
• 除非专门授权由此类用户专门授权收集或存储其他用户的个人数据。

General Provisions.

This Agreement is governed by the laws of the State of California applicable to agreements made and performed there by California residents.

除了基于违反int的任何索赔ellectual property, trade secret, or related rights of O’Reilly and/or any of its content suppliers, any dispute or controversy arising under or in connection with this Agreement shall be submitted to mediation under the auspices of JAMS in San Francisco, CA (“JAMS”). Any dispute or controversy not resolved within thirty (30) days after submission shall be settled by arbitration in San Francisco, CA under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires a dispute between them to be settled by arbitration. In the event the parties cannot agree on such arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator's name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party and the parties will share equally the expenses of the jointly selected arbitrator. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court of competent jurisdiction. Punitive damages shall not be awarded.

This Agreement is the final, complete, and exclusive agreement between you and O’Reilly relating to the Service, and content accessed via the Service, and it supersedes all other oral or written communications, proposals and representations with respect to any subject matter covered by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions shall continue in full force and effect.

O’Reilly may provide you with notices, including notices about changes to this Agreement, by means that include but are not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or developed in the future. Any such notice shall be effective as of the date that it is posted, sent, or otherwise made accessible by O’Reilly to the User(s). You warrant and represent that the contact and other account information that you provide to O’Reilly is accurate and you acknowledge that it is your responsibility to update such information in order to maintain its accuracy.

O’Reilly may amend this Agreement by updating the Agreement posted on O’Reilly's website and/or by other means of notice to you. By continuing to access the Service after the posting of the updated Agreement, you agree to be bound by the updated Agreement. If the terms of any O’Reilly policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.

仅限个人成员和团队的计费，续订和取消规定（包括自动续订）。

在他们的会员周期开始前的个人成员：每月，每年或半年（即每6个月）。团队每年都收费。成员负责在期间结算日期付款。会员费可能会因未来的术语而变化，在续订之前将显示新金额。在结算日期后取消将不会导致退款或信贷，但下面在自动更新年度和半会员的情况下提供。

Individual members with monthly memberships pre-pay on a monthly basis until the membership is cancelled.

所有其他会员计划在任期开始日期或之前预先支付。对于年度和半会员资格，如果在当前期限的结束日期之前取消会员资格，除了在续签的前14天内的续约期限取消之前取消会员资格，则可以获得退款或信贷如下：年度或半会员将在续约期的第一次日期自动更新，续约期的会员费将收取会员的信用卡或其他付款账户，并将是一封电子邮件结算确认sent to the member, including O’Reilly's email contact point for customer service and cancellation requests. If the member within 14 days from the date of the billing confirmation cancels or downgrades the membership, the member will be entitled to a refund or credit for the amount charged to the member's credit card or other payment account for the renewal Term, in accordance with O’Reilly's policies. No refunds or credits are granted for any cancellations requested after that 14 day period. Any refund will be in the form of a credit to the credit card or payment account to which the membership fee was originally charged.

适用于根据赞助商协议提供服务的用户的规定;政府用户。

访问服务和内容可用through it, is limited to the employees, contractors, agents, or such other persons, within a Sponsor's organization who are specifically authorized to use the Service under the agreement between Sponsor and O’Reilly. Each User's access to the Service is strictly limited to the period of time that the User is qualified to be a User by virtue of his or her relationship with Sponsor. If a User becomes disqualified to use the Service, the User must immediately cease using the Service, and all copies of content accessed via the Service stored by that User on any hard drive or other storage device must be deleted or destroyed.

The Service is a “commercial item” as that term is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires the Service (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Service) subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (“Computer Software”) and 12.211 (“Technical Data”) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires the Service (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Service) subject to the terms of this Agreement, as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or technical data.