Thank you for choosing nciku.com and our company! Before registration and use, please carefully read this TERMS OF SERVICE(referred to as TOS hereinafter).The Company shall provide services to you subject to the terms and conditions set forth in the TOS.
1.1 THIS SERVICE AGREEMENT is made and entered into, by and between the Customer and the Company with regard to services provided by the Company. The Company covenants and agrees to provide services to the Customer in accordance with the terms and conditions set forth in this SERVICE AGREEMENT and all supplementary agreements. This SERVICE AGREEMENT may be amended by resolution of the Company at any time and without additional notice. Should this SERVICE AGREEMENT be modified or altered, written appendices and amendments hereto shall be published by the Company on the website. The amended agreement shall automatically come into effect upon publication and thereafter replace the existing SERVICE AGREEMENT.
1.2 Please read this SERVICE AGREEMENT carefully before Customer registration, so as to fully understand its legal consequences. Particular attention should be given to all provisions concerning exemption of and limitation on liability herein stipulated of the Company, or limitation of rights hereby stipulated of the Customer. The Company welcomes any inquiry regarding related provisions and strongly recommends the Customer to consult professional legal advice so as to effectively protect its lawful rights and interests.
1.3 You shall be acknowledged as a user of this service of the Company upon your acceptance of this TOS and the following instructions in the registration process. Choosing to accept this TOS shall be deemed as agreement to abide by all the terms and conditions of this TOS as well as those of related policies of the Company. In case of dissension, no grievance shall be entered by reason that you have not carefully read this TOS, which is a standardized agreement of the Company, or that the Company has not provided any explanation thereof.
1.4 Please note that you cannot make use of services exclusively entitled to registered users before your agreement to this TOS.
2.1 Each and every Customer shall provide his/her authentic date of birth when disclosing the personal information thereof. In case of a minor, the Customer shall accept this TOS only if his/her legal guardian(s) participate in reading and consenting to it. Legal guardian(s) shall ensure strong supervision and protection of minors. Should the interests of minors or of the Company be negatively affected, the legal guardian(s) concerned take full responsibility. Due to the technical limitation and based on the principle of mutual trust between the two Parties, we will not substantially distinguish or confirm the personal information about the Customers and subsequently disclaim any and all responsibility or liability for registration information of any and all Customers, including, but not limited to, distinguishing and confirming accuracy, truthfulness, integrity, suitability of the information and/or whether it is up-to-date.
2.2 Minor users shall comply with the All-China Youth Network Civilization Convention; they shall be willing to and capable of online learning, and not access improper information; they shall conduct communication in a sincere and friendly manner, and shall not insult or defraud others; they shall foster a sense of self-protection; they shall not meet net friends indulgently; they shall keep network security, and not go against network orders; they shall aim to keep a good health and sound mind, and not overindulge themselves in internet use.
3.1 Services (referred to hereinafter as the Services) are provided by the Company subject to actual conditions, including online dictionary, forum, message board postings, question bar, situational short sentences, word pad, etc. The Company reserves all rights to alter, interrupt or terminate all services or any portion thereof at all times.
3.2 The Company is entitled to the proprietary rights of any and all data that is produced during the service process and stored in the Companys system. In accordance with this TOS and related provisions of the Company, users enjoy access to their personal accounts and are prohibited from passing on, giving, transferring or leasing the right of use to that account.
3.3 The Company provides only related network services. The User shall provide and hold sole and full responsibility for networking equipment (for instance, computers, modems and other internet connecting devices) associated with the Service and fees thereof (for instance, telephone fees for internet connection and netsurfing fees).
4.1 The User agrees to and warrants to provide true, accurate, and complete personal information for registration in line with the Companys requirements.
4.2 Registration of an account or ID should conform to public order and standards of decency. A registered account or ID shall not make available, expressly or by implication, any content that is illegal, harassing, abusive, threatening, defamatory, harmful, provocative, vulgar, obscene, erotic and/or invasive of anothers lawful rights, interests or human dignity.
4.3 Where the Services provided by the Company are adversely affected by the Users late updating of changes to personal registration information, the User shall take full responsibility.
4.4 The User shall carefully maintain the confidentiality of his account data and take precautions against theft and leakage. Under no circumstances shall the User transfer or lend his designated account to another, otherwise he shall hold entire legal responsibility for all activities that occur under his account. Where it comes to the Users attention that his account has been subject to unauthorized and illegal use by others, he should notify the Company immediately.
4.5 Please be careful when choosing the "Keep me signed in" option on the login page. We recommend that you do not check this option on public computers (such as those in internet cafes), in order to avoid your personal information being stolen, misused or used illegally.
4.6 The Company shall not be liable for any loss or damages arising from the loss or theft of account password due to reasons outside the Companys control. The User is entirely responsible for any such losses or damages. The User should inform the Company immediately in writing of any unauthorized access to his designated account, and submit a certificate of the Users right of use of the account and other materials in compliance with the Companys requirements. The Company is entitled to suspend the account so as to protect the rights of the User.
4.7 Notice concerning user account password security:
(1) Account passwords should be complicated yet easy to remember. They should not be the same as or similar to the username, the Users birthday, contact number, ordinary words or others that may be easily guessed.
(2) The User should avoid logging in and using the Services via insecure terminal computer(s). When accessing the Internet via terminal computer(s) in public places, please do not allow the computer to remember the password.
(3) The User may change password on a regular basis so as to prevent password leakage.
4.8 The User may change account password or apply for a new one. In case of the loss or theft of the account, the Company takes no responsibility for any incurred loss or damages. A registered account may be deleted upon the Companys consent with an application in writing from the User.
4.9 Where the User desires to alter or reset the account password, complete and accurate personal registration information (registration date included) is required. Otherwise the Company has the right not to act, in conformity with the principle of preserving confidentiality for the User.
5.1 The User becomes eligible for the right to use of an account upon completion of its registration.
5.2 The User has the right to consult, via published contacts, the Customer Service Department of the Company regarding related issues.
5.3 The User has the right to attend related activities organized by the Company and enjoys certain rights and interests according to the rules of such activities.
5.4 The User has the right to put forward constructive proposals and advice, and to conduct constructive supervision over the Services of the Company.
5.5 The User has other rights as announced by the Company.
6.1 The User shall abide by related laws, statutes, rules and other regulating documents; abide by network agreements, regulations and procedures concerning network services; abide by this TOS; and shall not conduct any behavior detrimental to the lawful interests of the nation, the Company and/or any party. The User shall not harm minors in any way.
6.2 The User shall abide by the Terms of Service, administrative regulations, announcements etc., tailored for detailed services in accordance with the principle of cooperation when accessing the Services via his registered account or when making use of products or services operated by the Companys partner(s).
6.3 If not permitted, the User shall not access the computer system of the Company or those of any other party to browse, add, delete, alter or copy data, and shall not intentionally make available malicious computer programs such as viruses or any other sort designed to interrupt, destroy or limit the functionality of the computer systems of the Company and/or any other party.
6.4 Without a written approval from the Company, the User shall not make use of the Services provided by the Company to conduct business activities in any form, including investigation, advertising, distribution, promotion, etc.
6.5 The User takes sole responsibility for messages, materials, letters, software, music, voice messages, photos, images, video messages, information or other data uploaded, posted, emailed, transmitted or otherwise made available during using the Services of the Company. The User acknowledges and agrees not to make use of the Services to release any illegal or unlawful information, including, but not limited to the following:
6.5.1 Making available any content that is untrue, harassing, abusive, threatening, harmful, provocative, vulgar, obscene, erotic etc., any content that violates public order and standards of decency, and any other content that is restricted or prohibited by Chinese law, rules, statutes or any regulations with the force of law.
6.5.2 Making available any content that infringes any copyright, patent, trademark, trade secret, or other intellectual property rights or proprietary rights of any party;
6.5.3 Uploading, posting, emailing, transmitting or otherwise making available any content that the User is entitled to access but does not have the right to make available under any law or under contractual or legal relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.5.4 Uploading, posting, emailing, transmitting or otherwise making available any advertising, promotional materials, unsolicited wholesale emails, "junk mail", "spam", "chain letters", "pyramid schemes", surveys or any other forms of solicitation;
6.5.5 Deleting legitimate and proper notices regarding authority management embedded in uploaded data, or proprietary names, marks of origin, software sources or other data, or override or circumvent technology-encrypting procedures.
6.6 The User acknowledges and agrees that in case of discovering potential system bugs of the Company, it shall timely inform the Company and shall not make negative use of such bugs.
6.7 The User shall not reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest warranties or otherwise transfer any rights in the software.
7.1 The User acknowledges and agrees that the Company takes actions where the User violates usage rules and that the Company makes public the related account. The Company is entitled to authorize relevant persons to exert management rights.
7.2 Where the User disobeys this TOS or related rules of the Company, the Company is entitled to delete any uploaded information that goes against such provisions, interrupt or terminate part of the Services, suspend the account concerned, terminate the Services, etc. The above measures may be taken together.
7.3 The Company is not obliged to inform the User with prior notice of such measures. The Company shall inform the User after usage contrary to the TOS has been dealt with. Suspension or termination of any portion of the Services by the Company shall not require notice either in advance or afterwards.
7.4 Where the Users account or ID violates Clause 4.2 hereinabove, the Company is entitled to suspend or terminate part of the Services, suspend the account or terminate the services.
7.5 Where the Users account or ID violates Clause 6.3 hereinabove, the Company is entitled to terminate the Services, submit the case to related national offices and to ascertain the legal liabilities of the User.
8.1 The Company reserves the ownership of and the right to operate nciku.com. Content of the Services provided by the Company includes, but is not limited to, words, software, audio, image, animation, video, diagram etc. All content hereinabove is protected by copyright, trademarks and other applicable intellectual property and property laws. Except as expressly authorized by the Company or others with related rights, the User shall not duplicate, utilize, modify, extract and compile, adapt, translate, release, publish, exhibit, display, lease, loan, sell, distribute or create content or derivative works based on the Services, or to exert intellectual property and property rights that belong to the Company. Without prior written consent of the Company, the User shall not exhibit, use or otherwise manipulate the trademark and marks, and shall not claim the right to do so.
8.2 In case that the User does not access the designated account within three months of or for six straight months after registration, the Company has the right to withdraw and exert the right of use of that account. The Company does not and is not liable to return, refund, compensate or indemnify the products of the Company, in any form, attached to the account and personal information of the User.
8.3 The Company is entitled to adjust its Service charges, and reserves the right to charge for Services that were previously provided to the User for free. Where the User refuses to pay certain fees accordingly, the Company may refuse to provide related services.
8.4 The Company is entitled to delete information or works released or published by the User, at all times and without notice to the User, at its sole discretion, so as to preserve order at nciku.com.
8.5 The User acknowledges and agrees to receive business information from the Company via email or in other ways.
9.1The User acknowledges, consents and agrees that with respect to the users submitted original works to nciku.com, the Company has the right to use, reproduce, modify, adapt, film, publish, translate, collect and compile, distribute via the internet, and/or to distribute, release and publish, lease and loan, display, exhibit such content in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed. The Company claims full copyright over such derivative works that are based on the above-mentioned original works and recreation thereof. The Companys usage of the derivative works is not restricted by the Users permission. The above license is of a worldwide, non-exclusive, perpetual and irrevocable nature. The Company has the right to grant and authorize sub-licenses of the foregoing to a third party in whole or in part. The Company shall not be charged by the User when exerting such rights hereinabove.
9.2 The User acknowledges and agrees to grant the Company worldwide, royalty-free, irrevocable and non-exclusive license to reproduce, modify, rewrite, adapt or publish any content submitted to nciku.com other than the Users original works for service-oriented purpose of exhibition, distribution, promotion and posting of such content. With respect to photos and graphics, the purpose shall solely be to make these photos and graphics available through the Services. The license remains effective only for as long as the User elects to continue to include such Content in the Service and shall terminate at the time the User removes such Content from the Service.
9.3 The User grants the Company all rights required by licenses stated in Clause 9.1 and 9.2, including but not limited to copyright and image rights.
9.4 The User shall guarantee his copyright over works submitted to nciku.com, and shall represent and warrant that he is lawfully granted and has the right to grant copyright to the Company. The User shall bear full responsibility for disputes over his submitted works and granted copyright. iness information from the Company via email or in other ways.
10.1 The Company agrees and warrants to protect the Users personal information. The Company shall not make public or provide to a third party (except stipulated in Clauses
10.2 and 10.3) the Users registration information and non-public information stored in the computer system of the Company. 10.2 The Company may disclose or provide to a third party the Users personal information in case of the following:
(1) The Company has been authorized to do so by the User beforehand;
(2) To comply with related laws, rules, regulations and other legal norms;
(3) Conform to requirements of related government departments and judicial organs;
(4) To partners of the Company consenting and agreeing to assume the same and equal responsibility for protecting the Users personal information, including but not limited to Commission Junction; Such partners may use their own technology, serve content and/or advertisements, collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
(5) To respond to claims, supported by evidence, that the User has violated the rights of a third party;
(6) To protect the lawful rights, property or personal safety of the Company, the User or the public.
10.3 The Company is entitled to provide the Users personal information to its partners so as to preserve the lawful interests of the partner. Where thereby the User is exposed to loss or damages, the User may claim his rights to that partner; the Company is not responsible and not liable for such loss or damages.
11.1 The Users use of the Service is at its sole risk. The Service is provided on an as-is and as-available basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The Company is not responsible and not liable for any direct, indirect, incidental, special, consequential or exemplary damages.
11.2 There are risks that the Services of the Company may suspend or fail to meet the Users demands due to reasons including, but not limited to, force majeure, government control, computer viruses or hacker attack, program bugs, system instability, network failure, or correspondence problems. The User shall hold sole responsibility for the above-mentioned risks. The Company does not guarantee that the provided Services will necessarily satisfy the Users needs. The Company also disclaims express or implied warrants of timeliness, security and accuracy of the Services, and is not responsible to the User for possible loss of profits incurred thereby.
11.3 The Company is not liable to the User for possible loss of profits incurred as a result of nciku.com conflicting with certain software programs installed and operated by the User.
11.4 Under no conditions shall the Company be responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, software and hardware damages, or loss of data resulting from the use of or the inability to use the Services.
11.5 The User consents and agrees that the Company reserves the right to optimize server resources by means of, including but not limited to, incorporating servers and that the Company is not liable to the User for possible loss of profits.
11.6 The Users correspondence or business dealings with advertisers and providers of commercial services through the Service are solely between the User and such advertisers or providers and the User acts at its sole judgment and takes risks accordingly. The User acknowledges and agrees that the Company shall not be responsible or liable for any loss or damages of any sort incurred as the result of any such dealings, except when expressly stipulated otherwise.
11.7 The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. The Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The User acknowledges and agrees that the Company shall not be responsible or liable for any damages or loss caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
11.8 The Company makes no warranty that the content of uploaded works will be accurate, complete and of quality. Under no circumstances shall the Company be responsible and liable for such content, including, but not limited to, any errors of or omissions in such content, and any loss or damages incurred through and on the Services. The Company, however, is entitled to stop transmitting such content and take actions accordingly, including, but not limited to, suspending the use of all Services or any portion thereof, saving records involved, and reporting to related offices.
The Company is not liable to compensation or indemnity in any form where modification or termination of the Services occurs due to the User. Please note that the User acknowledges and agrees that the Company is entitled to modify, suspend or terminate the Services (or any portion thereof) with prior notice or notice after the event. Therefore the Company is not liable for compensation or damages in any form to the User or a third party that may be exposed to loss or damages.
The User acknowledges and agrees to indemnify and hold the Company and its subsidiaries, affiliates, senior officers, agents, brand-sharers and/or partners free from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content that the User submits, posts, or transmits through the Services, his violation of the TOS, or his violation of any rights of another.
The Company respects, and appeals to the User to respect, the intellectual property rights and other lawful rights and interests of others at all times. In case that the User believes that he has been exposed to copyright infringement of that of other rights and interests, please contact the Company in writing. Where infringement is proved to have occurred by necessary materials provided by the User, the Company will immediately adopt available measures to effectively counteract copyright infringement. Meanwhile the User should fully understand the legal consequences of perjury, and thus warrants that the above materials are legitimate and accurate and that the User is the copyright owner or authorized to act on the copyright owner's behalf.
The Company reserves the right to modify or supplement the TOS at all times. Should the TOS be modified or supplemented, the Company shall inform the User by means of public announcement, instead of individual notice. Where the User does not agree with the modified or supplemented content, the Services may be terminated and the Company shall not be responsible or liable for compensation or indemnity in any form. The Users continued use of the Services shall be regarded as his acceptance of the modified or supplemented content.
16.1 The establishment, execution and interpretation of the TOS and related rules of the Company and settlement of disputes shall be governed by the laws of the Peoples Republic of China without regard to any conflict between law provisions.
16.2 Should there be any dispute about the TOS and related rules of the Company between the two parties, such disputes should be settled through amicable negotiation. Where negotiation fails, the parties shall consent to apply for arbitration by the Beijing Arbitration Commission in accordance with currently effective arbitrational rules. Final arbitration is binding to both parties. Where the arbitrational rules are of no effect according to legal provisions, the dispute(s) shall be lodged in a Chinese court governing the district where the Company is located.
17.1 The Company provides the User notices mainly via the nciku.com website, forum and system message board. Service is affected upon and after the publication of a notice.
17.2 In rare cases, the Company shall inform the User by logging-in notice, email, regular mail, phone calls or other ways. Nevertheless, the Company is not obliged to give individual notice in such a manner.
17.3 The User acknowledges and agrees to pay close attention to notices of the Company. Where loss or damages arise from the Users failure to read notices, the Company shall not be liable therefor.
18.1 nciku.com indicates the internet website via which the Company provides services for the User.
18.2 If any provision of this TOS is held entirely or partially invalid, the User nevertheless consents and agrees to endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of this TOS shall remain in full force and effect.
18.3 That the Company does not exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
18.4 The title of this TOS is added for reason of convenience and does not have legal effect.
18.5 The Company reserves the final right to interpret this TOS.
18.6 This TOS becomes effective as of March 20th, 2007.