SECTION 1.
ACCEPTANCE OF TERMS
Chinglish provides its service subject to the following Terms and Conditions (T &C’s). The T&C’s may be updated from time to time without notice to you. When using particular Chinglish owned or operated services, you and Chinglish shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C’s. Chinglish may also offer other services that are governed by different T&C’s.
SECTION 2.
DESCRIPTION OF SERVICE
Chinglish provides users with access to a wide variety of resources. You understand and agree that the Service may include advertisements necessary for Chinglish to provide the Service. You also understand and agree that the Service may include certain communications from Chinglish, such as service announcements and administrative messages. These communications are considered part of Chinglish membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the T&C’s. You understand and agree that the Service is provided “AS-IS” and that Chinglish assumes no responsibility for the timeliness, deletion, misdirected delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide, and are responsible for, all equipment necessary to access the Service.
SECTION 3.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the laws of the Netherlands or other applicable jurisdiction. You also agree to: (A) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (B) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chinglish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chinglish has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
SECTION 4.
CHINGLISH PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of this Service, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including transfer of this information to the Netherlands and/or other countries for storage, processing, and use by Chinglish and its affiliates.
SECTION 5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon registration, you will choose a user name and password. You are responsible for keeping your member name and password confidential. We recommend you memorize this information and not write it down. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Chinglish of any actual or suspected unauthorized use of your account and password. Chinglish will not be responsible for any loss to you arising from your failure to comply with the above. You represent that you are of sufficient legal age to use the Web-site and to create binding legal obligations for any liability you may incur as a result of the use of the Web-site. You understand that you are financially responsible for all damages to the Web-site by use or by those using your login information.
SECTION 6.
MEMBER CONDUCT
You agree that you will not use the Web-site to:
submit, post, upload or otherwise transmit any Member Content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
submit, post, upload, or otherwise transmit any Member Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
submit, post, upload or otherwise transmit any Member Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
submit, post, upload or otherwise transmit any Member Content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of Chinglish;
advertise or offer to sell any goods or services for any commercial purpose;
conduct, display, or forward surveys, contests, pyramid schemes, “spam” or chain letters;
impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Web-site Content appearing on the Web-site or contained in a file that is uploaded;
harm minors;
stalk or harass another individual;
collect or store personal data about other members; or
violate any applicable local, state, federal, or international law or regulation.
You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content from the Web-site.
CHINGLISH RESERVES THE RIGHT TO REMOVE ANY MEMBER ACCOUNT INCLUDING ALL SERVICES.
You acknowledge, consent and agree that Chinglish may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (A) comply with legal process; (B) enforce the T&C’s; (C) respond to claims that any Content violates the rights of third-parties; (D) respond to your requests for customer service; or (E) protect the rights, property, or personal safety of Chinglish, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (A) transmissions over various networks; and (B) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Chinglish and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SECTION 7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
SECTION 8.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Chinglish does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Chinglish the following world-wide, royalty free and non-exclusive license(s), as applicable:
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Chinglish removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the Chinglish network of properties that are intended by Chinglish to be available to the general public. By way of example, publicly accessible areas of the Service would include Chinglish Groups, Photos and the Chinglish Wiki that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Chinglish Groups that are limited to members, Chinglish services intended for private communication such as Chinglish E-mail.
SECTION 9.
INDEMNITY
You agree to indemnify, defend and hold harmless Chinglish its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs arising from your failure to comply with these T&C’s, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law.
SECTION 10.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
SECTION 11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Chinglish may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Chinglish has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Chinglish reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Chinglish reserves the right to modify these general practices and limits from time to time.
SECTION 12.
MODIFICATIONS TO SERVICE
Chinglish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chinglish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
SECTION 13.
TERMINATION
You agree that Chinglish may, under certain circumstances and without prior notice, immediately terminate your Chinglish account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (A) breaches or violations of the T&C’s or other incorporated agreements or guidelines, (B) requests by law enforcement or other government agencies, (C) a request by you (self-initiated account deletions), (D) discontinuance or material modification to the Service (or any part thereof), (E) unexpected technical or security issues or problems, (F) extended periods of inactivity, (G) you have engaged in fraudulent or illegal activities, and/or (H) nonpayment of any fees owed by you in connection with the Services. Termination of your Chinglish account includes (A) removal of access to all offerings within the Service, including but not limited to Chinglish.
Mail, Groups, and communities, (B) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and© barring further use of the Service. Further, you agree that all terminations for cause shall be made in Chinglish’s sole discretion and that Chinglish shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
SECTION 14.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chinglish has no control over such sites and resources, you acknowledge and agree that Chinglish is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chinglish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
SECTION 15.
CHINGLISH’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service of advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Chinglish or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Chinglish grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Chinglish for use in accessing the Service.
SECTION 16.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Chinglish expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Chinglish makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from chinglish or through or from the service shall create any warranty not expressly stated in the T&C´s.
SECTION 17.
LIMITATION OF LIABILITY
You expressly understand and agree that chinglish shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; or any (v) other matters relating to the service.
SECTION 18.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the T&C’s, there shall be no third party beneficiaries to this Agreement.
SECTION 19.
NOTICE
Chinglish may provide you with notices, including those regarding changes to the T&C’s, by either email, regular mail, or postings on the Service.
SECTION 20.
TRADEMARK INFORMATION
Chinglish.com, 可chin可glish, 可汉可英, Hanying Dragon and other emotioncons, conversation bubbles, are service marks of Chinglish BV. You agree not to display or use any of these marks otherwise then intended by Chinglish BV or without Chinglish BV’s prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners.