| |
|
1.
General
1.1 This agreement
governs your use of the PC210¡¯s information service. Additional
terms and conditions of use applicable to specific areas of
the Service may also be posted in such areas and, together with
this agreement, govern your use of those areas. This agreement,
together with any such additional terms and conditions, are
referred to as this "Agreement."
1.2
PC210 reserves the right, in its discretion, to change or modify
all or any part of this Agreement at any time, effective immediately
upon notice published on the Service. Your continued use of
the Service constitutes your binding acceptance of these terms
and conditions, including any changes or modifications made
by PC210 as permitted above. If at any time the terms and conditions
of this Agreement are no longer acceptable to you, you should
immediately cease all use of the Service. |
|
1.3 The Service is directed to teenagers
and adults and is not directed to children under the age of 13. You
must be 13 years of age or older to use the Service. PC210 complies
with the Children's Online Privacy Protection Act and does not permit
registration by and will not knowingly collect personally identifiable
information from anyone under 13. This requirement will be posted
wherever PC210 collects data within the Service, such as during the
registration process. By registering for the Service, you represent
and warrant that you are 13 years of age or older. Additionally, you
must provide true, accurate and complete registration information
to become a member of the Service ("Member"). Creating a
Member account under automated means or under false or fraudulent
pretenses constitutes unauthorized use of the Service and such accounts
will be terminated by PC210.
As part of the registration process, you will be asked to select a
username and password and you will be responsible for all activities
occurring under your username and for keeping your password secure.
We may refuse to grant you a username that impersonates someone else,
is or may be protected by trademark or proprietary rights law, or
is vulgar, offensive, or otherwise inappropriate, as determined by
us in our sole discretion.
By using the Service, you represent and warrant that all registration
information you submit is truthful and accurate and you agree to the
accuracy of such information. The profile that you compose upon registering
for the Service (the "Member Profile") must describe you,
an individual person. Examples of inappropriate profiles include,
but are not limited to, profiles that purport to represent an animal,
place, inanimate object, fictional character, or real individual who
is not you.
2. Use of Content
2.1 You acknowledge that the Service contains
information, software, photographs, audio and video clips, graphics,
links and other material (collectively, the "Content") that
are protected by copyright, trademark or other proprietary rights
of PC210 or third parties. All Content on the Service is copyrighted
as a collective work of PC210 pursuant to applicable copyright law.
You agree to comply with any additional copyright notices, information,
or restrictions contained in any Content available on or accessed
through the Service. Users of the Service may use the Content only
for their personal, noncommercial use. Businesses, organizations or
other legal entities may not become Members and are not permitted
to use the Service for any purpose, including but not limited to collecting
usernames and /or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Service.
2.2
Except as expressly permitted in Section 2.3 of this Agreement, you
may not modify, publish, transmit, reproduce, create derivative works
from, distribute, perform, display, sell, transfer or in any way exploit
any of the Content or Material, in whole or in part. Content consisting
of downloadable software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned by you (such as your
original statements), Content for which you have received express
permission from the owner and Content in the public domain (collectively,
the "Material"). You assume all risk and responsibility
for determining whether any Material is in the public domain. You
hereby grant, transfer and assign to PC210 and its successors, assigns
and licensees (collectively, "Licensee") a fully-paid, royalty-free,
irrevocable, perpetual, worldwide right and license to publish, distribute,
reproduce, transmit, use, translate, display, perform, modify, revise,
create derivative works of and archive the Material, in any form or
media now known or hereafter developed (including without limitation
in print, magnetic or electronic form), on any number of occasions
in any form, and to sublicense third parties to do any of the foregoing
with further right of sublicense (the "License"), without
compensation to you. You represent and warrant that you are authorized
to grant all rights set forth in the preceding sentence and that the
exercise by Licensee of Licensee's rights under the License, shall
not violate any laws, defame or libel any person, invade any person's
right of privacy or publicity or otherwise violate, misappropriate
or infringe the rights of any person (including without limit copyright
or moral right).
2.3 You may download,
copy and make any personal, non-commercial use of the Content and
Material and not prohibited by any section of the Copyright Act or
by any other applicable law, rule or regulation; provided, however,
that you maintain all copyright and other notices contained in such
Content; and provided further that you shall not store electronically
any significant portion of any Content.
3. Rules
of Conduct
The following is an incomplete list of illegal and prohibited uses
of the Service. PC210 may investigate any illegal and/or unauthorized
use of the Service, and appropriate legal action may be taken, including
without limitation, civil, criminal, and injunctive redress. While
utilizing the Service, you may not:
>
Use the Service for any commercial purpose, to distribute any advertising
or solicitation of funds or goods and services, or to solicit users
to join competitive online services;
>
Post on the Service any links to any external Internet sites that
are obscene or pornographic, or display pornographic or sexually explicit
material of any kind;
>
Use any robot, spider, site search and/or retrieval application, or
other device to retrieve or index any portion of the Service;
>
reformat or frame any portion of any web page that is part of the
Service;
>
Post Material containing restricted or password only access pages,
or hidden pages or images (those not linked to or from another accessible
page);
>
Submit any Material that falsely implies sponsorship of that Material
by the Service and/or PC210, or promote any information that you know
is false, misleading, or libelous;
>
Transmit any viruses, worms, defects, Trojan horses or other items
of a contaminating or destructive nature through the Service;
>
Submit Material that violates the rights of others, such as Content
that infringes any copyright, trademark, patent, trade secret or violates
any right of privacy or publicity, or that is libelous or defamatory,
or that directs any user, by linking or any other method, to the Material
of a third party without the third party's written consent;
>
Promote an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
>
Submit Material that is libelous, defamatory, obscene, pornographic,
abusive, harassing, threatening unlawful or promotes or encourages
illegal activity.
4. Managing Content
PC210 reserves the right to delete, move or edit any Content or Material
(including Material posted in any Interactive Area of the Service)
that it may determine, in its sole discretion, violates this Agreement
or is otherwise unacceptable. However, PC210 does not and cannot review
all of the Content and Material posted by users on the Service and
is not responsible for such Content or Material. You shall remain
solely responsible for all Material. . Although PC210 reserves the
right to remove any offending Material on the Service, you understand
and agree that you nonetheless may be exposed to such Material and
that you further waive your right to any damages (from any party)
related to such exposure.
Additionally, PC210 shall have the right, but not the obligation,
to correct any errors or omissions in any Content, as it may determine
in its sole discretion.
5. No Endorsement
5.1 PC210 does not represent or endorse
the accuracy or reliability of any Content or Material posted on any
Interactive Area and you acknowledge that any reliance upon such Content
or Material shall be at your sole risk. Any Content placed on any
Interactive Area by users represents the views of the user posting
the statement, and does not represent the views of PC210.
5.2
The Service may contain links to sites on the Internet which are owned
and operated by third parties (the "External Sites"). You
acknowledge that PC210 is not responsible for the availability of,
or the content located on or through, any External Site. You should
contact the site administrator or Webmaster for those External Sites
if you have any concerns regarding such links or the content located
on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold PC210 and its affiliates,
and their respective officers, directors, owners, agents, information
providers and licensors (collectively, the "PC210 Parties")
harmless from and against any and all claims, liability, losses, costs
and expenses (including attorneys' fees) incurred by any PC210 Party
in connection with any use or alleged use of the Service under your
password by any person, whether or not authorized by you. PC210 reserves
the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with PC210's defense of such
claim.
7. Termination of Service
PC210 reserves the right, in its sole discretion, to restrict, suspend
or terminate your access to all or any part of the Service, including
the Discussion Areas, at any time for any reason without prior notice
or liability. Conversely, you may terminate your membership of the
Service at any time, for any reason, by emailing PC210 at webmaster@vigaar.com.
Once your membership terminates, you will have no right to use the
Service. The terms of this Agreement shall survive any termination
of your membership. PC210 may change, suspend or discontinue all or
any aspect of the Service at any time, including the availability
of any feature, database, or Content (including the Discussion Areas),
without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner
of such proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Service in
a way that constitutes copyright or trademark infringement, please
email PC210 at webmaster@vigaar.com with the following information:
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or trademark interest; a description
of the copyrighted work or trademark(s) that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the Website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright or trademark
owner, its agent, or the law; a statement by you, made under penalty
of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
or trademark owner's behalf.
9. Disclaimer of Warranties; Limitation of Liability.
9.1 Neither PC210 nor any provider of third
party content or their respective agents warrants that the service
will be uninterrupted or error free; nor does PC210, any third party
content provider, or their respective agents make any warranty as
to the results to be obtained from use of the service or the content.
The service and the content are distributed on an "As is, as
available" basis. None of PC210, third party content providers
and their respective agents make any warranties of any kind, either
express or implied, including, without limitation, warranties of title
or implied warranties of merchantability or fitness for a particular
purpose, with respect to the service, any content or any products
or services sold through the service. Neither PC210 nor any third
party content provider warrants that any files available for downloading
through the service will be free of viruses or similar contamination
or destructive features. You expressly agree that the entire risk
as to the quality and performance of the service and the accuracy
or completeness of the content is assumed solely by you.
9.2 Neither PC210, any third party content provider
nor their respective agents shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of the use
of or inability to use the Service, even if such party has been advised
of the possibility of such damages.
9.3
Some states do not allow exclusion of implied warranties or limitation
of liability for incidental or consequential damages, so the above
limitations or exclusions may not apply to you. In such states, the
liability of PC210, third party content providers and their respective
agents shall be limited to the greatest extent permitted by law.
10. Member Disputes
You are solely responsible for your interactions with other Members
of the Service. PC210 reserves the right, but has no obligation, to
monitor disputes between you and other Members.
11. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to
comply with all local rules regarding user conduct on the Internet
and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from the China or the country in which you reside.
12.
Miscellaneous
This Agreement shall be construed in accordance with the laws of the
State of New York, without reference to principles of choice of law.
You and PC210 each irrevocably consent to the personal jurisdiction
of the state courts located in Guangzhou China (the "Courts"),
with respect to any action, suit or proceeding arising out of or related
to this Agreement or to the Service (including without limitation
any Content or Material) and waive any objection, to venue in any
of the Courts for such an action, suit or proceeding (whether based
on forum non conveniens or otherwise); additionally, you agree that
you will not bring any such action, suit or proceeding in any court
other than the Courts. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the parties
with respect to such subject matter. If any inconsistency exists between
the terms of this agreement and any additional terms and conditions
posted on the Service, such terms shall be interpreted as to eliminate
any inconsistency, if possible, and otherwise, the additional terms
and conditions shall control. If any provision of this Agreement is
held invalid, illegal or unenforceable in any respect, (i) such provision
shall be interpreted in such a manner as to preserve, to the maximum
extent possible, the intent of the parties, (ii) the validity, legality
and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby, and (iii) such decision shall not
affect the validity, legality or enforceability of such provision
under other circumstances
|
|
|
