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BetterChinese.com Member Agreement & Terms of Use |
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Welcome
to the Internet sites of the Better Chinese Ltd ("Better
Chinese"). BETTER
CHINESE includes BetterChinese.com, FunChinese.com, StoryCola.com,
FunAmerican.com, Better Chinese LLC and others affiliated with Better
Chinese Ltd. (each a "BETTER CHINESE Site").
BETTER CHINESE is operated by Better Chinese Ltd. and its
affiliates (collectively referred to herein as "we,"
"us," or "our"). Thank
you for visiting BetterChinese.com (from now on referred to as the
“Service”). To ensure
that you understand the terms and conditions and legal notices which
govern your use of the BetterChinese.com family of websites and apply to
your membership agreement, please carefully read this agreement, which
includes the terms and conditions of use, before using or registering as a
member. The Service is owned and operated by Better Chinese Ltd.
By using all or any part of the Service, you signify your agreement
to the terms of this Agreement. If
you do not agree to the terms of this Agreement please do not use the
service, do not click the box indicating your Agreement to be bound by the
terms of this Agreement, and do not register as a member of or subscribe
to the Service. We reserve the right, in our discretion, to change,
modify, add, or remove portions of these terms at any time.
Notification of changes to this Agreement will be posted on the
Service, or sent via e-mail or postal mail.
If any future changes to this Agreement are unacceptable to you, or
cause you to no longer be in compliance with this Agreement, you may
terminate your Account (see Termination of Service section below).
Your continued use of the Service following notice of changes to
this Agreement (including the Terms of Use) means that you accept all such
changes. You
will be referred to as the "Member" in this Agreement. The
person who initially registers for the Service may also be referred to as
the "Parent Account" in this Agreement. "Account"
means the account registered to any Member, pursuant to the registration
procedures for the Service. The terms of this Agreement apply to all
Members, whether or not they are the Parent Account. The Parent Account is
responsible for making each of their family members (and anyone else they
may allow to play using their Account) aware of the terms of this
Agreement and for ensuring compliance. The Parent Account for an Account
is entirely liable for all activities conducted through that Account. We
may change, modify, suspend, or discontinue any aspect of the Service at
any time, including, without limitation, the availability of any Service
feature, database or content, hours of availability, or equipment needed
to access the Service. We may also impose limits on certain features or
restrict your access to parts or all of the Service, for extended periods
of time, without notice or liability. The Member is solely responsible for
and must provide all telephone and other equipment necessary to access the
Service, including without limitation Internet access software and modems. RESTRICTIONS
ON USE OF MATERIALS All
materials published by Better Chinese (collectively called “Content”
and including, but not limited to, informational resources, photographs,
images, illustrations, audio clips, and video clips) are protected by
copyright, and owned or controlled by Better Chinese, its affiliated
companies, or a third-party provider. You shall abide by all copyright
notices, information, or restrictions contained in any Content accessed
through the Service. The
Service is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other
copyright laws. No material
from the Service or any Web site owned, operated, licensed, or controlled
by Better Chinese may be copied, reproduced, republished, uploaded,
posted, or transmitted, nor may derivative works be created from them or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial home use
only, provided that you keep intact all copyright and other proprietary
notices. Using our Content for any other purpose is a violation of our
copyright and other proprietary rights. For purposes of this Agreement,
using any of our Content on any other Web site or networked computer
environment is prohibited. You may not sell or auction any Better Chinese
characters, items, or copyrighted material. If
you download software from the Service, 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 Better Chinese. We hereby
grant to you a non-exclusive, limited license to use the Software solely
in connection with the Service via an authorized and fully-paid (or
authorized free trial) Account. You own the medium on which you record the
Software, but we retain 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-perceivable form.
You may not use any third party software to modify the Software or
the Service. You may not use
our intellectual property to create or provide any other means through
which the Service may be played by others, as through server emulators.
You may not take any action which imposes an unreasonable or
disproportionately large load on our infrastructure. SUBMISSIONS
With
the exception of the Show & Tell portion of our websites, Better
Chinese Ltd. does not accept or consider creative ideas, suggestions, or
materials other than those that we have specifically requested. Children
may send us their art & writing for submission to the Show & Tell
portion of our websites. By
signing up for this service, you grant us permission to use the materials
your child submits without requiring additional permission and in any
manner that is, in our judgement, consistent with our overall philosophy.
While we do value your feedback on the Service, we request that you be
specific in your comments, and not submit any creative ideas, suggestions,
or materials (unless specifically requested by us). If, at our request,
you send certain specific submissions (e.g., postings to chat areas,
boards, or contests) or, despite our request, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Member Submissions" notwithstanding whether
provided by a Member, user or some other individual or entity), the Member
Submissions shall be deemed, and shall remain, our property. None of the
Member Submissions shall be subject to any obligation of confidence on our
part and we shall not be liable for any use or disclosure of any Member
Submissions. Without limitation of the foregoing, we shall exclusively own
all now known or hereafter existing rights to the Member Submissions of
every kind and nature throughout the universe and shall be entitled to
unrestricted use of the Member Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Member Submissions. Better
Chinese, Fun Chinese, Story Cola, Fun American, the Better Chinese logo (Meimei
and Huahua), and any and all fanciful characters or designs of Better
Chinese Ltd., are trademarks or copyright of Better Chinese Ltd or its
affiliates. All other trademarks appearing on the Service are trademarks
of their respective owners. CHAT
ROOMS, MESSAGE BOARDS AND OTHER PUBLIC COMMUNICATIONS. "Common
Area" means a chat room, message board, pen pal feature, personalized
Member page, or other similar function that may be offered as part of the
Service. Our message boards are moderated. This means that we read all
messages before public posting. We do not edit messages, but we may decide
not to post a message we deem inappropriate for any reason. The opinions
expressed on our message boards do not necessarily represent the views of
Better Chinese. We reserve the right to remove or edit content from any
Common Area at any time and for any reason. By uploading materials to any
Common Area or submitting any materials to us, you automatically grant (or
warrant that the owner of such materials expressly granted) us a
perpetual, royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known
or later developed throughout the universe. In addition, you warrant that
all so-called "moral rights" time to time according to its
terms, and agree to be bound by all of the terms and conditions hereof.
You
shall not upload to, distribute through, or otherwise publish through the
Service (including in any Forum) any content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would constitute
or encourage a criminal offense, violate the rights of any party, or
otherwise give rise to liability or violate any law. The Forums shall be
used only in a noncommercial manner. You shall not, without the express
approval of Better Chinese, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that
soliciting other Members to join or become members of any commercial
online service or other organization is expressly prohibited. You must
also follow the Terms of Use whenever you are using the Service. Members
remain solely responsible for the content of the information they provide
in any Forum. We
will abide by our Privacy Policy with
regard to our collection, use and disclosure of your personal information.
We do not guarantee that the information you provide, including your
personal information, will not be disclosed to third parties. For example,
we may disclose information as required in the course of normal operation
and maintenance of the Service and its systems or if required to do so by
law or in our good faith we believe that such action is necessary to: (1)
comply with the law or comply with legal process served on Better Chinese;
(2) protect and defend the rights or property of Better Chinese; or (3)
act in an emergency to protect the personal safety of our Members or the
public. Also, third parties may, without our knowledge or consent,
unlawfully intercept or access transmissions or private communications.
Additionally, solely for the purpose of patching and updating the Service,
you hereby grant us permission to (i) upload game file information from
the Better Chinese directory and (ii) download game file information to
you. You acknowledge
that anything you submit to a Better Chinese Site by way of any Common
Area is routed through servers and the Internet and that, therefore, you
have no expectation of privacy with regard to any such submission. You
acknowledge that the Common Areas and features on Better Chinese Sites are
forums for public and not private communications. Please keep in mind that
whenever you give out personal information online, for example, via
message boards or chat, that information can be collected and used by
people you don't know. We cannot guarantee the security of any information
you disclose online; you make such disclosures at your own risk. Users or
visitors shall remain solely responsible for the content of their messages
in the Common Areas. We are not responsible for the content or opinions
posted or sent by users in any Common Area. You take responsibility for
postings under your username and use the information provided in the
Common Areas at your own risk. We reserve the right to remove or edit
content from any Common Area at any time and for any reason although we
have no duty to do so. When
participating in a Common Area, never assume that people are who they say
they are, know what they say they know, or are affiliated with whom they
say they are affiliated with in any chat room, message board, or other
user-generated content area. Information obtained in a Common Area may not
be reliable, and it is not a good idea to take any action, including to
trade or make any investment decisions, based solely or largely on
information you cannot confirm. We cannot be responsible for the content
or accuracy of any information, and shall not be responsible for any
trading, investment, or any other decisions made based on such
information. TERMS
OF CONDUCT The
following is a list of the Terms of conduct for the BETTER CHINESE Sites.
By using the BETTER CHINESE Sites you agree NOT to do any of the
following:
Additionally, you may use
electronic greeting cards or mobile messaging for noncommercial purposes
only. You must furnish your actual e-mail address or mobile phone number
in order to send a card or message. Any business use, "remailing,"
or other high-volume application is strictly prohibited. You are not
permitted to send cards or messages using an automated program. Electronic
greeting cards and mobile messages may not contain inappropriate language
or images or copyrighted material (without the consent of the copyright
holder) or encourage illegal activity. Electronic greeting cards and
mobile messages that violate these guidelines will not be delivered. We reserve the right to remove any
material, and if we deem appropriate, to turn over to law enforcement
officials, any material, including message, e-mail, or posting, that is in
violation of these Terms of Conduct. We also reserve the right to remove
messages, e-mails, or postings that do not pertain to the designated topic
or theme of the Common Areas. We also reserve the right to
comply with any order or otherwise cooperate with law enforcement
officials regarding the identification of any user alleged to be using a
BETTER CHINESE site in violation of the law. CONTENT
LINKED TO ANY BETTER CHINESE SITE You
should be aware that when you are on a BETTER CHINESE Site, you could be
directed to other sites that are beyond our control.
There are links to other sites from BETTER CHINESE pages that take
you outside of our service. For
example, if you click on a link or a search result, the click may take you
off the BETTER CHINESE Site. This includes links from distributors and
content partners that may use our logo(s) as part of a co-branding
relationship. You acknowledge that when you click on a link that leaves a
BETTER CHINESE Site the site you will land on is not controlled by us and
different terms of use and privacy policy may apply. By clicking on links
to other sites, you acknowledge that BETTER CHINESE is not responsible for
those sites. We reserve the right to disable links from third-party sites
to any BETTER CHINESE Site, although we are under no obligation to do so. We
make no representations concerning the content of sites listed in any of
our directories. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality, or decency of
material contained in sites listed in our search results or otherwise
linked to a BETTER CHINESE Site. REPRESENTATIONS
AND WARRANTIES The
Parent Account represents, warrants, and covenants (a) that no materials
of any kind submitted through your Account will (i) violate, plagiarize,
or infringe upon the rights of any third party, including copyright,
trademark, privacy, or other personal or proprietary rights; or (ii)
contain libelous or otherwise unlawful material; (b) the credit card
provided to us is valid, the Parent Account is authorized to use the
credit card, and the Parent Account is at least 18 years old; (c) we may
charge the credit card provided to us, as more fully described in the
Section titled “Price and Payment” below; and (d) the Parent Account
and all Members will fully comply with the terms of this Agreement.
You, the Parent Account, hereby indemnify, defend, and hold Better
Chinese and affiliated companies, and all officers, directors, owners,
agents, information providers, affiliates, licensers, and licensees
(collectively, the "Indemnified Parties") harmless from and
against any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you or
any Member on your Account or any user of your Account of this Agreement
or the foregoing representations, warranties, and covenants, including,
without limitation, reasonable attorneys' fees.
The Parent Account shall use best efforts to, and shall ensure that
all Members on that Account cooperate with Better Chinese in the defense
of any claim. Better Chinese
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by Parent
Account. Better
Chinese does not represent or endorse the accuracy or reliability of any
advice, opinion, statement, or other information displayed, uploaded, or
distributed through the Service by any Member, information provider, or
other person or entity. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information shall be at your
sole risk. Better Chinese
reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Service. DISCLAIMER
THE
MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTER CHINESE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BETTER
CHINESE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. BETTER
CHINESE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BETTER
CHINESE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. WITHOUT
LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT, AS A SERVICE TO USERS
OF THE BETTER CHINESE SERVICE, WE INCLUDE LINKS TO OTHER WEB SITES ON THE
WORLD WIDE WEB PORTION OF THE INTERNET AND THAT BETTER CHINESE HAS NO
CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER,
REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES, AND
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB
SITES. Further,
Better Chinese explicitly disclaims any responsibility for the accuracy,
content, or availability of information found on sites that link to or
from Better Chinese's service from third parties not associated with
Better Chinese. Better Chinese encourages discretion when browsing the
Internet using our or anyone else's service. Because some sites employ
automated search results or otherwise link you to sites containing
information that may be deemed inappropriate or offensive, Better Chinese
cannot be held responsible for the accuracy, copyright compliance,
legality, or decency of material contained in third-party sites, and you
hereby irrevocably waive any claim against us with respect to such sites.
Better Chinese cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to or
from Better Chinese website, since other shop channels are owned and
operated by independent retailers. Better
Chinese does not endorse any of the merchandise, nor has Better Chinese
taken any steps to confirm the accuracy or reliability of any of the
information contained in such third-party sites. Better Chinese does not make any representations or
warranties as to the security of any information including, without
limitation, credit card and other personal information you might be
requested to give any third party and you hereby irrevocably waive any
claim against us with respect to such sites.
We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. INDEMNIFICATION You
are entirely responsible for maintaining the confidentiality of your
member name(s), password(s), and your account, as well as all activities
that occur under your account. You hereby indemnify, defend, and hold us
and our affiliates and our officers, directors, owners, agents,
information providers, licensors, and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys' fees) incurred by
the Indemnified Parties in connection with any claim arising out of any
breach by you of these terms of use or claims arising from your account.
You shall use your best efforts to cooperate with us in the defense of any
claim. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you. LIMITATION
OF LIABILITY UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BETTER
CHINESE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICE OR
ANY OTHER WEB SITE, EVEN IF BETTER CHINESE OR A BETTER CHINESE AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BETTER CHINESE'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE
SERVICE. SECURITY
Registration
and Use of the Service. As
part of the registration process, each Member will select a password and
user name. You shall provide
Better Chinese with accurate, complete, and updated Account information.
Failure to do so shall constitute a breach of this Agreement, which may
result in immediate termination of your Account and/or your family member
Account. You may not (i) select or use a Member Name of another person
with the intent to impersonate that person; (ii) use a name subject to the
rights of any other person without authorization; or (iii) use a Member
Name that Better Chinese, in its sole discretion, deems inappropriate or
offensive. You
shall notify Better Chinese at customerservice@betterchinese.com
of any known or suspected unauthorized use(s) of your Account, or any
known or suspected breach of security, including loss, theft, or
unauthorized disclosure of your password. You shall be responsible for
maintaining the confidentiality of your password. Each
Parent Account must be 18 years or older to establish an Account.
If Better Chinese becomes aware that a Parent Account is under the
age of 18, Better Chinese reserves the right to cancel the Account.
Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your Account, at Better Chinese's sole
discretion, and you may be reported to appropriate law-enforcement
agencies. If
you have reason to believe that your Account is no longer secure (for
example, in the event of a loss, theft, or unauthorized disclosure or use
of your Member Name, password, or any credit, debit, or charge card number
stored on the Service), you must promptly change your password and notify
Better Chinese of the problem (by notice given as described in the Notice
section below) to avoid possible liability for any unauthorized charges to
your Account. PRICE
AND PAYMENT Better
Chinese reserves the right at any time to charge additional fees for
access to the Service. Better Chinese reserves the right to change the
amount of, or basis for determining, any fees or charges for the Service,
and to institute new fees or charges effective upon prior notice to
Members. Better Chinese reserves the right to offer special offers of the
Service and to provide the Service at no charge for promotional reasons or
otherwise (such as a free trial). Each
Parent Account agrees to pay all charges to the Parent‘s Account,
including applicable taxes, in accordance with billing terms in effect at
the time the fee or charge becomes payable.
For standard accounts purchased through the Better Chinese e-store,
Parent Accounts must provide Better Chinese with valid credit card and/or
other information required during the registration process. Better Chinese
shall charge the Parent Account's credit card either after the trial
period expires, or on the date the Parent Account subscribes to the
Service. Thereafter, Better Chinese will automatically renew and charge
and/or bill the Parent's Account as follows: •
Each month for the following month's service for monthly subscriptions •
Upon every three(3)-month anniversary of the first billing date for
quarterly subscriptions •
Upon every six(6)-month anniversary of the first billing date for
semiannual subscriptions •
Upon every one(1)-year anniversary of the first billing date for annual
subscriptions The
renewal fee shall be equal to or less than the original subscription
price, unless otherwise notified in advance by Better Chinese. You may
notify Better Chinese that you wish to cancel your subscription at any
time. *"Standard
Accounts" are accounts purchased through the Better Chinese e-store
and do not include special offers, which at the time the special offer is
made, will specify the price and payment terms that apply to the special
offer. Better
Chinese agrees that it will terminate your Account upon receipt of
notification from the Parent Account on your Account, as described below. •
For monthly subscriptions: If notice of cancellation is received within
the first 15 days following the first day of the initial billing, you will
be eligible to receive a refund of all subscription fees for the Service,
but will still be obligated to pay any other charges incurred. If you
cancel the Service more than 15 days after the initial billing, your
Account will be canceled as of the end of the current billing period and
no refund for unused time will be given. •
For 3 month subscriptions: If notice of cancellation is received within
the first 30 days following the first day of the initial billing, you will
be eligible to receive a refund of all subscription fees for the Service,
but will still be obligated to pay any other charges incurred. If you
cancel the Service more than 30 days after the initial billing, no refund
for unused time will be given. •
For 6 month subscriptions: If notice of cancellation is received within
the first 30 days following the first day of initial billing, you will be
eligible to receive a refund of all subscription fees for the Service but
will still be obligated to pay any other charges incurred. If you cancel
the Service more than 30 days after the initial billing, no refund for
unused time will be given. •
For annual subscriptions: If notice of cancellation is received within the
first 30 days following the first day of initial billing, you will be
eligible to receive a refund of all subscription fees for the Service but
will still be obligated to pay any other charges incurred. If you cancel
the Service more than 30 days after the initial billing, no refund for
unused time will be given. Your
right to use the Service is subject to any limits established by Better
Chinese or by your credit card issuer.
If payment cannot be charged to your credit card or your charge is
returned to Better Chinese for any reason, including chargeback, Better
Chinese reserves the right to either suspend or terminate your access and
Account, thereby terminating this Agreement and all obligations of Better
Chinese hereunder. If you have a balance due on any Better Chinese
Account, you agree that Better Chinese can charge these unpaid fees to
your credit card. Better
Chinese reserves the right to establish a credit limit (the
"Ceiling") for each Member. If a Member's Account reaches the
Ceiling at any time, Better Chinese may immediately bill the Member's
credit card for all unpaid charges on account.
Until further notice, the Ceiling for each Member is $100. PARENTAL CONSENT Like
other Web sites directed to children, Better Chinese is required by law to
comply with the Children's Online Privacy Protection Act ("COPPA").
Under COPPA, parental consent is required for the online
collection, use and/or disclosure of personal information obtained from a
child under the age of 13. We
obtain such consent through means of credit card verification.
As part of the registration process for the Service, the Parent
Account will be asked to provide a valid credit card.
By providing his or her credit card number, the Parent Account
holder: (a) represents and warrants that he or she is the parent or legal
guardian of any child under the age of 13 for whom he or she allows to use
the Parent Account; and (b) agrees to our collection, use and disclosure
of personal information in accordance with the Privacy Policy
with respect to any child under the age of 13 for whom the Parent
Account holder allows to use the Parent Account. NOTICE The
Parent Account will submit and maintain a correct e-mail address and other
Account information. We may give notice to the Parent Account by means of
a general notice on the Service, electronic mail to your e-mail address on
record in our Account information, or by written communication sent by
first-class mail to your address on record in our Account information. You
may give notice to Better Chinese. Such notice shall be deemed given when
received by Better Chinese at any time by electronic mail at customerservice@betterchinese.com. NON-TRANSFERABILITY OF MEMBERSHIP Better
Chinese grants to you a personal, nonexclusive, nonassignable, and
non-transferable license to use and display the Better Chinese Software on
any machine(s) of which you are the primary user. Unauthorized copying of
the Software or duplication of the Software in any manner, including
software that has been modified, merged, or included with the Software, or
the written materials associated therewith, is expressly forbidden. You
acknowledge that you may not sublicense, transfer, sell, or assign this
license or the Software. Any attempts to sublicense, transfer, sell, or
assign the license are void. TERMINATION OF SERVICE This
Agreement is effective until terminated by either party. The Parent
Account may terminate this Agreement and your right to use the Service at
any time by contacting customer service at customerservice@betterchinese.com
or (650)
327-3693.
Better Chinese may terminate your Account or access rights to this
Service immediately without notice if in Better Chinese's sole discretion
you fail to comply with any term or provision of this Agreement (including
the Terms of Use). Upon termination, you must destroy all materials
obtained from this Service and all copies thereof, whether made under the
terms of this Agreement or otherwise. OTHER BETTER
CHINESE is controlled and operated by Better Chinese Ltd. and its
affiliates from its offices in Hong Kong, Beijing, and the U.S. We make no representation that materials on any BETTER
CHINESE Site are appropriate or available for use in any particular
location. Those who choose to access a BETTER CHINESE Site do so on their
own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
This Agreement shall be governed by and construed in accordance
with the laws of Hong Kong, without giving effect to any principles of
conflicts of law. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire Agreement
between the parties relating to the subject matter herein and shall not be
modified except in writing other than as provided below.
AMENDMENT We
reserve the right, at our sole discretion, to change, modify, add, or
delete portions of these terms of use at any time. In the event that we do
so, we will notify you of any such change, modification, addition, or
deletion by sending you an e-mail at the last e-mail address that you
provided us, and/or by prominently posting notice of the any such change,
modification, addition, or deletion on the Web sites covered by these
terms of use. Any such
change, modification, addition, or deletion will be effective upon the
earlier of ten (10) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of such
notice on the Web sites covered by these terms of use. Please note that,
at all times, you are responsible for updating your personal information
to provide us your current e-mail address. In the event that the last
e-mail address that you have provided us is not valid, or for any other
reason is not capable of delivering to you the notice described above, our
dispatch of the e-mail containing such notice will nonetheless constitute
effective notice of the changes, modifications, additions, or deletions
described in the notice. GENERAL
PROVISIONS These
terms of use shall be governed by and construed in accordance with the
laws of Hong Kong, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or
relating to these terms shall be filed only in the courts located in Hong
Kong, and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms of use shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms of use and shall not affect the validity and enforceability of any
remaining provisions. ENTIRE AGREEMENT This
Agreement constitutes the entire agreement between the parties with
respect to the subject matter contained herein and supersedes all previous
and contemporaneous agreements, proposals, and communications, written or
oral, between Better Chinese representatives and you.
Better Chinese may amend or modify this Agreement or impose new
conditions at any time upon notice from Better Chinese to you as described
in the Section titled “Notice” above. Any use of the Service by you
after such notice shall be deemed to constitute acceptance by Member of
such amendments, modifications, or new conditions. LAST UPDATED: 1/08 © 2004 Better Chinese Ltd. All rights reserved. |