Terms of Service
Welcome to ChineseTime (the Site), an online Chinese language-learning community. The Site is owned and operated by Muke Culture Communication Limited (Muke Culture). The following Terms of Service (the Terms) governs your access to and use of the Site, mobile application or other online or mobile product or service (the Service) of Muke Culture. Please review the Terms carefully.
1.Acceptance of Terms
1.1 By accessing or using any portion of the Services, you confirm that you agree to be bound by the Terms. You also confirm that you are at least 18 years old or if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms.
1.2 We reserve the right to change, modify, or delete these Terms at any time in our sole discretion. All changes will be posted on the Site. Your continued use of the Service or the Site after any such changes have been made constitutes your acceptance of the new terms of use.
1.3 If you do not agree to comply with these or any future terms of use, do not use or access (or continue to use or access) the Service or the Site.
1.4 The Terms must be read in conjunction with the Privacy Policy.
2.Description of Services
We make various services available on the Site including, but not limited to, language-learning subscriptions and classes, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the Service, including a tablet, smart phone, computer, and Internet access (including payment of all fees associated with such access).
3.Registration and Account
3.1 In order to access some of the services on the Site, you will be required to register for an account. When registering, you must have your user name, a valid email address and other information (Registration Data) as required by the registration process on the Site.
3.2 You agree to provide true, accurate, up-to-date and complete information about yourself as prompted by the Service's registration form; and maintain and update the registration data to ensure that it remains true, accurate, up to date and complete. Each account must be used individually and is not transferable.
3.3 You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site.
3.4 Muke Culture cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 3.
4.Uses of the Site
4.1 You agree to use the Service in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights).
4.2 You agree 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 Muke Culture of any unauthorized use of your account.
4.3 All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted, uploaded, emailed or transmitted via the Service by the user, whether publicly posted or privately transmitted, are the sole responsibility of the user. Muke Culture accepts no responsibility at all for any user’s activity make available via the Service, and as such does not guarantee the accuracy, integrity or quality of such user’s activity.
5.Termination of Rights
5.1 You agree that Muke Culture, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site and the Service for any reason or no reason, including, without limitation, if Muke Culture believes that you have (A) breached these Terms; (B) infringed the intellectual property rights of a third party; (C) posted, uploaded or transmitted unauthorized content to the Site; or (D) violated or acted inconsistently with the letter or spirit of the Terms.
5.2 You agree that any deactivation or termination of your access to the Site or the Service may be effected without prior notice to you and that Muke Culture shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that Muke Culture may retain and store your information notwithstanding any termination of your account or the Online Courses.
6.Intellectual Property Rights
6.1 All content or other material available of the Site and the Service, including but not limited to on-line lectures, audio clips, video lessons, quizzes, exercises, presentation materials, homework assignments, progress reports, programs, code, and other materials (collectively, the ‘Content’), are the property of Muke Culture and are protected by intellectual property laws. You are prohibited from using the Content for commercial purpose.
6.2 You agree that you will not adapt, edit, change, modify, transform, publish, republish, distribute or redistribute the Content without Muke Culture’s prior consent.
6.3 Subject to your compliance with the Terms, Muke Culture hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to use Site, the Service, the Content and the Software, in each case for your own personal, non-commercial use, in accordance with the and any other written or other instructions of Muke Culture.
6.4 Notification of Copyright Infringement Claims
Muke Culture respects the intellectual property of others, and we ask our Users to do the same. Because of the size of our community, we do not and cannot verify that Users have the right to post Content. However, we cooperate in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us. If you believe the item, information, or other materials appearing on the Site or the Service infringes on your copyright, trademark or other intellectual property rights, please provide us with a Notice of Infringement.
7.LINKS TO THIRD-PARTY WEB SITES
The Site may contain third-party owned content and links to other websites (Linked Sites). Muke Culture does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Muke Culture, and Muke Culture is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Muke Culture may provide third party content and Linked Sites to you only as a convenience. We may remove any Linked Sites from the Sites at any time for any reason or for no reason.
8.Disclaimer warranties
8.1 You expressly acknowledge and agree that your use of the Site and the Service is at your sole risk and responsibility.
8.2 TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY MESSAGE OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY MESSAGE; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8.3 Muke Culture does not warrant that (A) the Service will meet your specific requirements, (B) the Service will be uninterrupted, timely, secure, or error-free, (C) the results that may be obtained from the use of the Service will be accurate or reliable, (D) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (E) any errors in the Service will be corrected.
9.Limitation of Liability
You expressly understand and agree that Muke Culture shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (A) the use or the inability to use the Service; (B) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (C) unauthorized access to or alteration of your transmissions or data; (D) statements or conduct of any third party on the Service; (E) or any other matter relating to the Service.
10.Indemnity
Without limiting the generality or effect of other provisions of the Terms, as a condition of use of the Site and the Service, you agree to indemnify, hold harmless, and defend us and each of our respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities and damages, including reasonable attorney's fees, incurred or allegedly incurred by or arising out of your breach of the Terms, the content posted by you, and/or your violation of any law or the rights of a third party.
11.Governing Law
This Terms of Service and the relationship between you and Muke Culture shall be governed by and be interpreted in accordance with the laws of the People’s Republic of China. You and Muke Culture agree to submit to the exclusive jurisdiction of the Chinese court, except that Muke Culture may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.