2. Copyright and Ownership
In the event you download software from the Web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") are licensed to you by Company or its licensors. Company does not transfer title to the software to you. Company (or its licensors) retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
3. Corporate Identification & Trademarks
All trademarks, service marks and trade names of Company and its partners and licensors used herein (including without limitation: Company, the Company corporate logo, and the associated designs and logos) (collectively "Marks") are trademarks or registered trademarks of Company or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without Company's prior written consent. The use of the Marks on any other Web site or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other Web site unless establishment of such a link is approved in advance.
4. Restricted Content & Activities
You agree that you will not use the Web site to post or upload any of the following:
- Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind
- Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
- Multimedia Content of any kind, such as audio and video files
- Promotion of any activity that may be found illegal at the local, state or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items. Furthermore, you may not list any item on the Web site (or consummate any transaction that was initiated using our Services) that, by paying to us a fee could cause us to violate any applicable law, statute, ordinance or regulation.
- Commercial Content of any kind, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of Web site Content that is untrue, inaccurate, deliberately misleading, or trade libelous
- Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever
- Encrypted Content or Content that can be demonstrated to contain encoded messages
- Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster's identity in an identifiable fashion, or by using another individual's account to post, with or without that individual's knowledge
- Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers
5. Right to Remove Content or Block Access
6. Account Security
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
7. Information Control
User published and third party Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company's endorsement of user or third party published Content. Company does not vouch for the accuracy or credibility of any user or third party published Content on our Web site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web site. Through your use of the Web site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web site, you assume all associated risks.
8. Transactional Partners
9. Links to Third Parties
This Web site contains hyperlinks to other Web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Company of, or any affiliation with, or endorsement by, the owner of the linked Web site. Company is not responsible for the contents or use of any linked Web site, or any consequence of making the link.
10. Termination; Changes to Terms and Conditions and Web site
The Company may terminate, change, suspend, add to or discontinue any aspect of the Web site or the Web site’s services at any time, in our sole discretion, and without liability to any user. The Company may restrict, suspend or terminate your use of or access to the Web site and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Web site or services). The Company maintains a policy that provides for the termination in appropriate circumstances of the Web site use privileges of users who are repeat infringers of intellectual property rights. The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Web site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web site and/or the services offered on or through the Web site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
11. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web site; or (iii) bypass any measures we may use to prevent or restrict access to the Web site.
12. Your License to Us
User published Content remains the intellectual property of the individual user. By posting Content on our Web site, you grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
In the event that you have a dispute with one or more other users of the Web site, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. No Warranty
Your use of and browsing of this Web site are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15. Limitation on Liability
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users or your violation of any law or the rights of a third party.
17. Force Majeure
Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
20. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
In operating the Web site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party Web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web site. If you believe any material available via the Web site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Brian Kempner.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
21. Entire Agreement
These terms and conditions are the entire agreement between the user and Company and supersedes any prior understandings or agreements (written or oral).
22. Copyright Notice
All text, images, animation, videos, music, sounds, Web site design, graphics, text selections, arrangements, and all software are Copyright CHINAHAPPENINGS™ and chiutijansen.com.