| 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. |