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Important: You must accept the service agreement below to use the Choosechinese service. Submitting your username means you accept the agreement.
PublicChinese CORPORATION SERVICE AGREEMENT Fees and Payments. You can always find the current prices on the PublicChinese website, following links for "Buy A Program". The prices listed do not include any VAT or other applicable taxes; you will be responsible for paying any such taxes. You agree that we may include some or all of such taxes in your credit card charges. PublicChinese may change the subscription fees then in effect without notice. You may receive phone charges on your telephone bill, depending on your location and telephone calling plan, even during the trial period. You are responsible for all use of the Service accessed through your password. Privacy Policy. PublicChinese collects certain personal information from our users (such as names, email addresses, addresses, etc.). We use this information to fill orders promptly, to provide customer service assistance, to improve the learning experience on the Service, and to improve the content of the Service to better meet our users' need. We may also want to share certain of such personal information with third parties if we think that they may benefit our users, including other businesses and companies that sell a variety of products and services. PublicChinese will never share your credit card or billing information with third parties. Because PublicChinese respects the privacy of its users, we will not share your personal information with these other parties if you do not want us to. If you do not want us to share your personal information, simply send an email to privacy@PublicChinese.com requesting that we do not share it with other parties. You may verify or change your personal information at any time by going to your Preferences Page. In addition to personal information, PublicChinese may collect certain profile information from our users (such as profession, education, age, and gender) in order to improve our content, product offerings, and promotional and marketing efforts. PublicChinese may use such profile information to create aggregate reports about our users. The profile information and aggregate reports are anonymous and do not contain information that can identify you personally. Notwithstanding the above, PublicChinese reserves the right to disclose any content, records, or electronic communication of any kind: (i) to satisfy any legal request; (ii) if such disclosure is necessary or appropriate to enforce this Agreement, the License Agreement, or the Terms of Use; or (iii) to protect the rights of PublicChinese or its users or partners. Grant of License. Under this Agreement, we grant you a license ("License") to: (1) install and use the PublicChinese software ("Software"), including the plug-ins and other integrated third-party software comprising the PublicChinese Service, provided to you by CD-ROM or our web site ("Web Site"), including updates; (2) access and use the text, images, audio, and other material provided to you as part of the Software or the Web Site ("Content"); (3) access and use the Web Site using the Software; and (4) use our manuals and other documentation, including electronic documents ("Documentation") for the Software. This Agreement and your license are non-exclusive and are only for your personal use. PublicChinese retains all rights not expressly granted herein. You understand that PublicChinese licenses certain of the Software and Content licensed hereunder from third parties ("Suppliers") and you agree to comply with any Supplier license terms which are included in the Software. Ownership, Copy, and Use Restrictions. Ownership and all rights and interests in the Service, which includes the Software, Content, Documentation, and the Web Site (and all copies thereof), remain at all times vested in PublicChinese and Suppliers. This License gives you the limited right to use those materials during and subject to the terms of this Agreement. You understand that your use of the Service is not a sale. The Service is protected by national and international copyright, trademark, trade secret, and other intellectual property laws. Unauthorized copying of the Software, Content, and Documentation is illegal and forbidden. (1) No Copying. You agree not to copy, publish, upload, or translate copies of the Software, the Content, or Documentation (or any portion of them). (2) No Sublicenses. You agree that the Service is licensed to you only for your own personal use, and you will not rent, resell, sublicense, distribute, share, or assign the Software or Content, or any copy or portion, to or with any party. (3) No Decompilation or Reverse Engineering. You agree not to attempt to decompile, modify, extract, disassemble, or otherwise reverse-engineer the Software. General Terms of Use. (1) By using the Service you acknowledge that you are an adult. This Agreement and the Terms of Use may be updated by PublicChinese from time to time, and you will be given proper notice of any of those updates. (2) PublicChinese reserves the right to terminate your use if you have provided PublicChinese with false registration information, if you violate the Terms of Use or this Agreement, or if you fail to pay us for amounts you owe under your payment terms. (3) Please remember that you are responsible for maintaining the secrecy of your password and that you are responsible for all uses of your account. Please notify PublicChinese (and your employer, if the Service is provided through it) of any unauthorized use of your account. (4) PublicChinese or third parties may, from time to time, send email messages to you containing ads, promotions, etc., but we make no representations about the content of those messages or the goods or services offered in those messages. You agree that PublicChinese is not liable for such content or messages. (5) The Web Site may contain links to other web sites operated by third parties. Such links are provided for your convenience only. PublicChinese does not control such web sites; you agree that it is not responsible for their availability or their content. Our links to the web sites do not imply any endorsement of the material on such web sites or any association with their operators, goods or services. Message Board, Bulletin Board, Email, and Chat Conduct. (1) The message boards, bulletin boards, email, or other message services ("Messaging Services") are provided to you and other users as an opportunity to communicate, practice your English learning, share ideas and photographs, discuss global business issues and success stories, or learn about other countries' culture and business practices. Please be courteous and respectful to your fellow users and follow the Terms of Use regarding the Messaging Services. You agree not to use the Messaging Services for chain letters, junk mail, "spamming," or solicitations. You also agree not to send any message or material that is unlawful, harassing, libelous, abusive, harmful, vulgar, obscene, or otherwise objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation. (2) By using the Messaging Services, you agree that PublicChinese is not responsible for any content in the Messaging Services. PublicChinese does not prescreen or monitor the messaging content as a matter of policy. We have the right, but not the responsibility, to remove any messaging content which we deem harmful, offensive, or otherwise in violation of the Terms of Use or any rules we may have in place at the time. We may choose to monitor some, all, or no areas of the Messaging Services for adherence to the Terms of Use or other rules that may be given to Users. (3) You understand that the Messaging Services are public and not private communications. You are responsible for the contents of your message board, bulletin board, and chat postings and the consequences of your postings. (4) Privacy. It is PublicChinese's policy to take reasonable measures to respect the privacy of its users' messaging content. You also agree to comply with all applicable laws and regulations concerning rights of privacy. Disclaimer of Warranties. (1) You understand and agree that the Service, including without limitation the Software, Documentation, Content, Messaging Services, and any other services provided herein such as the Personal Editor service, are provided "as is," provided however, PublicChinese warrants that any CD-ROM disc providing the Software will be free from defects in material and workmanship under normal use for one year, or will be replaced by PublicChinese. You agree that your use of the Service is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of our Service, the Messaging Services, or from other parties' web sites accessed via the Service is at your own discretion and risk, and that you will be responsible for any damage or loss of data to your computer system. (2) PublicChinese and its suppliers expressly disclaim all warranties of any kind with respect to the Service, including without limitation the Web Site and Messaging Services, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. (3) PublicChinese and its suppliers make no warranty or representation regarding the results that may be obtained from the use of the Service, regarding any goods or services (including the Personal Editor service) purchased or obtained through the Service, or that the Service will meet your requirements, be uninterrupted, timely, secure, or error free. (4) PublicChinese and its suppliers are not liable for any direct, indirect, incidental, special, or consequential damages of any kind resulting from the use of or the inability to use the Service; resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Service; or resulting from loss of, unauthorized access to, or alteration of your transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages. (5) You agree to indemnify, defend, and hold harmless PublicChinese and our affiliates, suppliers, directors, and employees from any and all claims, liability, damages, and/or costs arising from your use of the Service, your violation of this Agreement or the Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. (6) The opinions expressed in PublicChinese learning activities are provided only to encourage discussion and language learning and are based on material which is in the public domain. To the best of our knowledge, all information pertaining to real companies and individuals is accurate and not confidential at the time of publication. Certain of the documents, situations, or conversations in the learning activities are hypothetical or imaginary and are included for educational purposes only; they are not intended to reflect actual statements or documents by the referenced individuals or companies. Nothing herein is intended to constitute a sponsorship or endorsement of PublicChinese or the Service by the individuals or companies referenced in the learning activities. (7) Miscellaneous. (i) The Service is controlled by PublicChinese from its offices in the State of California, U.S.A., although it can be accessed from around the world. As each user shall likely be from places with laws that differ from those of California, by accessing and using the Services, you agree that the laws of the State of California, without regard to the conflicts of laws principles, will apply to all matters relating to the use of the Service. Further, you agree and submit to the exclusive personal jurisdiction and venue of the Superior Court of the State of California, County of San Francisco, or the United States District Court for the Northern District of California in San Francisco. (ii) The term of this Agreement shall continue for the length of your authorized subscription to the Service, either via your access by PublicChinese at no charge or if you are required to pay. You may receive free access to the Service for a limited period of time. That period may change from time to time; thereafter you will be required to pay for continued access, and if you do not pay for the use of the Service, this Agreement, and your license to use the Service, will terminate. We may immediately terminate this Agreement and your access to the Service if you violate this Agreement or the Terms of Use, or if you fail to pay us for any amounts due and payable under your payment terms. Upon such termination, you agree to destroy all copies of the Software, Content, and Documentation in your possession. (iii) Export Restrictions. You agree to comply with all applicable export laws, including those of the United States government and/or country in which you use the Service. The Software may not be downloaded or exported into (or transferred to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Iran, Serbia, Sudan, North Korea, or Syria. (iv) Any waiver of any provision of this Agreement will be effective only if in writing and signed by PublicChinese. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.