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TutorMing Corporation ("TutorMing") is committed to providing you with an effective and enjoyable online learning environment, and we have established these Terms of Use to govern the use of our software, web sites, message boards, bulletin boards, chat rooms, email, technology, content, and other services (collectively, the "Service"). Please be advised that certain special features of the Service offered through TutorMing may have separate registration procedures and separate terms and conditions, terms of service, user agreement, or similar legal agreement. When you are using any Service provided by TutorMing that does not have a separate legal agreement, then the Terms of Use set forth here shall apply. By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with following Terms of Use:
(a) Reservation of Rights.
By using the Service, you agree that this software and all images, audio, text, video, and other information are made available for your use pursuant to the TutorMing License Agreement and/or Service Agreement that you agreed to when registering and/or subscribing with TutorMing (the "TutorMing Agreements"). Your continued right to use the Service will be subject to and restricted by these Terms of Use and the TutorMing Agreements.
TutorMing reserves the right to modify these Terms of Use from time to time, without notice. You are bound by any revisions made to these Terms of Use and, therefore, you should periodically review these Terms of Use so that you will be kept apprised of any changes.
Please Note: You may not copy, transmit, or redistribute the Service, or any portion of the content or software (including photographs, learning activities, articles, or reference materials), or use the content or software separate from the Service; nor may you allow other persons to access or use the Service unless specifically authorized by TutorMing as part of the Service. Any rights not expressly granted in these Terms of Use or the TutorMing Agreements are reserved by TutorMing.
(b) Fees and Payments
You can always find the current prices on the TutorMing website, following links for "Purchase Products". 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. TutorMing 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.
(c) General Terms of Use.
(i) By using the Service you acknowledge that you are an adult as defined by the laws of the country or territory from which you are accessing the Service.
(ii) TutorMing reserves the right to terminate your use if you have provided TutorMing with false registration information, if you violate the Terms of Use or the TutorMing Agreements, or if you fail to pay us for amounts you owe under your payment terms. TutorMing may modify its Service with or without notice to you, and without liability to you or any third party.
(iii) Please remember that you are responsible for maintaining the secrecy of your account number and/or password and that you are responsible for all uses of your account. You agree to immediately notify TutorMing (and your employer if the Service is provided through it) of any unauthorized use of your account.
(iv) TutorMing or third parties may, from time to time, send email messages to you containing ads, promotions, etc. TutorMing makes no representations about either the content of those email messages or the goods or services offered in those messages. You agree that TutorMing shall not have any liability with respect to such content or messages.
(v) TutorMing's web site(s) ("Web Site") may contain links to web sites operated by other parties and such links are provided for your convenience only. TutorMing does not control such web sites; you agree that TutorMing is not responsible for their availability or their content. TutorMing's links to such web sites do not imply any endorsement of the material on such web sites or any association with their operators, goods, or services.
(d) Message Board, Bulletin Board, Email, and Chat Room Conduct.
(i) The message boards, bulletin boards, email, chat rooms, or other message services ("Messaging Services") are provided to you and other users as an opportunity to communicate, practice your Chinese 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. You agree not to use the Messaging Services for chain letters, junk mail, "spamming," or solicitations (commercial or non-commercial). You also agree not to send any message or material that is unlawful, harassing, libelous, abusive, threatening, 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.
(ii) You should evaluate whether you want to use the Messaging Services before using them. By using the Messaging Services, you agree that TutorMing shall not be responsible for any content in the Messaging Services. TutorMing does not prescreen or monitor the messaging content as a matter of policy. TutorMing has the right, but not the responsibility, to remove any messaging content which it deems harmful, offensive, or otherwise in violation of the Terms of Use or any rules we may have in place at the time. TutorMing 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.
(iii) You understand that all message board, bulletin board, and chat communications are public and not private communications. Users are responsible for the contents of their message board, bulletin board, and chat postings and the consequences of any such message board, bulletin board or chat postings. TutorMing reserves the right for any reason to remove without notice any message content, but we have no obligation to delete messaging content that you may find objectionable or offensive.
(iv) You agree to use Messaging Services only to send and receive messages and material that are proper. When using the applicable Messaging Services, you agree to stay on topic related to the particular message board, bulletin board, or chat room. The following are examples of prohibited use of the Messaging Services; this is a guide and not a list of all prohibited uses. You agree that when using the Messaging Services, you will not:
" Defame, abuse, harass, stalk, threaten, or violate the rights of privacy and publicity of others;
" Distribute or post any defamatory, infringing, obscene, indecent, or unlawful message or material. By posting any message or material in the Messaging Services, you automatically grant, or warrant that the owner of such material has expressly granted, to TutorMing a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, perform, and display such material worldwide;
" Upload files or material that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
" Upload files or materials that contain viruses, corrupted files, or any other similar software that may damage the operation of another's computer;
" Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
" Disrupt the flow of dialogue in any of the Messaging Services or otherwise act in a manner that negatively affects other participants;
" Download any file that you know, or reasonably should know, cannot be legally distributed in such manner; or
" Obtain or divulge any personal information of any user or participant.
You also agree that you waive any moral rights, privacy or personal rights, or similar legal rights in connection with the messages or material you post, distribute, or use in the Messaging Services; and you warranty that the author of the messages or material that you post, distribute, or use on the Messaging Services, if not you, has explicitly agreed to waive his or her (their) moral rights, privacy or personal rights, or other legal rights for such message or material.
(e) Disclaimer of Warranties
(i) You understand and agree that the Service, including without limitation the Messaging Services, and any other services provided herein, such as the Personal Editor service, are provided "as is." 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.
(ii) TutorMing 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.
(iii) TutorMing 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 purchased or obtained through the Service, or that the Service will meet your requirements, be uninterrupted, timely, secure, or error free.
(iv) TutorMing 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, 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.
(v) You agree to indemnify, defend, and hold harmless TutorMing and our affiliates, suppliers, directors, and employees from any and all claims, liability, damages, and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service (including the Web Site or Messaging Services), your violation of these Terms of Use, the TutorMing Agreements, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
(vi) The opinions expressed in TutorMing learning activities are provided only to encourage discussion and language learning and are based on materials which are 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 TutorMing or the Service by the individuals or companies referenced in the learning activities.
(f) Privacy. It is TutorMing's policy to take reasonable measures to respect the privacy of its users' messaging content, and you also agree to comply with all applicable laws and regulations concerning rights of privacy.
(g) Privacy Policy.
TutorMing 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. TutorMing will never share your credit card or billing information with third parties.
Because TutorMing 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 service@ TutorMing.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 My Profile Page.
In addition to personal information, TutorMing may collect certain profile information from its users (such as profession, education, age, and gender) in order to improve our content, product offerings, and promotional and marketing efforts. TutorMing may use such profile information to create aggregate reports about its users. The profile information and aggregate reports are anonymous and do not contain information that can identify you personally.
TutorMing also collects anonymous information by using "cookies." Cookies are bits of electronic information which a web site can transfer to your hard drive to help tailor and keep records of your visit and activities at the site. Since cookies are only text files, they cannot run on your computer, be used to search your computer for other information, or transmit any information to anyone. Cookies allow web site operators to better tailor visits to the site to the visitor's individual preferences. The use of cookies is standard on the Internet and many major web sites use them. You can choose to set your browser to notify you whenever you are sent a cookie. This gives you the opportunity to decide whether or not to accept the cookie. TutorMing uses cookies to help provide you with a better experience on our Web Site.
Notwithstanding the above, TutorMing 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 these Terms of Use, the License Agreement, or the Service Agreement; or (iii) to protect the rights of TutorMing or its users or partners.
(h) Miscellaneous
The opinions expressed in TutorMing learning assignments are not necessarily those of TutorMing but are provided only to encourage discussion and language learning, 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, and nothing herein is intended to constitute a sponsorship or endorsement of TutorMing, the TutorMing service, or materials herein by the individuals or companies referenced. |
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