Wudaokou Terms of Service Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT (the "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT CLICK "SUBMIT" UPON REGISTERING A USER ACCOUNT.
Wudaokou Borderless Learning LLC (hereinafter "Wudaokou"), a Connecticut limited liability company, is an online Chinese language training provider. The services offered by Wudaokou include are described at www.wudaokou.com ("the Website"), and include long-distance learning by means of online teacher-student communication and written instructional materials, available at the Website.
The terms "we," "us" or "our" shall refer to Wudaokou. The terms "you," "your" or "User" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Your Acceptance
- Your electronic acceptance of this Agreement, use of and/or visiting this Website (collectively, including all content and functionality available through the Wudaokou.com domain name, the "Website", or "Website"), you signify that you have read, understand, acknowledge and agree to be bound by the terms and conditions of this Agreement, the Website privacy notice, found at http://www.wudaokou.com/document/privacy-policy, and the Wudaokou Classroom Policy Notice and its legal version, found at http://www.wudaokou.com/document/classroom-policy, incorporated herein by reference. If you do not agree to any of these terms or the Website privacy notice, you may not use the Website.
- Subject to your agreement to and continuing compliance with the Agreement, you may use the Website, including but not limited to long-distance learning by means of online teacher-student communication and written instructional materials, solely for your own non-commercial educational purposes. You may not use the Website for any other purpose.
- Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at http://www.wudaokou.com/document/terms-of-service. Wudaokou may, in its sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- This Agreement apply to all Users of the Website. The Website includes all aspects of the Website, including but not limited to all software, files and services offered via the Website, including but not limited to instructional material, video, audio, interactive features, scripts, source code, API, graphic designs, trademarks, service marks, logos, applications, text and forums.
- The Website may contain links to third party Websites that are not owned or controlled by Wudaokou. Wudaokou has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites. By using the Website, you expressly relieve Wudaokou from any and all liability arising from your use of any third-party Website.
3. Website User Accounts
- You may never use another's user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your user account password private and secure. You must notify Wudaokou immediately of any breach of security or unauthorized use of your account.
- Although Wudaokou will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Wudaokou or others due to such unauthorized use.
- If you visit this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your user account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to such transfers.
4. General Use of the Website - Permissions and Restrictions
Wudaokou hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
- You agree not to distribute in any medium any part of the Website without the prior written authorization of Wudaokou.
- You agree not to alter or modify any part of the Website.
- You agree not to access Website content through any technology or means other than the through the Website itself or other explicitly authorized means Wudaokou may designate.
- You agree not to use the Website for any use by anyone other than yourself and only for your own educational purposes, without the prior written authorization of Wudaokou. Prohibited uses include any of the following actions taken without the express approval of Wudaokou:
- Commercial use of or sale of access to the Website, its content or its related services;
- Use of the Website, its content or its related services for the primary purpose of gaining advertising or subscription revenue;
- The sale of advertising on the Website or any third-party Website;
- Any use of the Website, its content or its related services that Wudaokou finds, in its sole discretion, to be use of the Website or Wudaokou resources with the effect of competing with or displacing the market for Wudaokou products, services or content, including but not limited to the Website.
- You agree not to impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without that person's or entity's express prior written consent.
- You agree not to use this Website or the services found on this Website in a manner (as determined by Wudaokou in its sole and absolute discretion) that promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior.
- You agree not to use this Website or the services found on this Website in a manner (as determined by Wudaokou in its sole and absolute discretion) that violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Website grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wudaokou reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to use this Website or the services found on this Website in a manner (as determined by Wudaokou in its sole and absolute discretion) that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.
- You agree not to modify or alter any part of this Website or the services found at the Website or any of its related technologies.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for any purpose whatsoever, any Users of the Website.
- You agree to comply with the terms and conditions of this Agreement, the privacy notice, incorporated herein by reference, and all applicable local, national, and international laws and regulations.
- Wudaokou reserves the right to discontinue any aspect of the Website at any time.
5. Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
- The content on the Website, including without limitation, user accounts, the text, software, scripts, graphics, applets, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Wudaokou, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS, AS AVAILABLE, and WITH ALL FAULTS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wudaokou reserves all rights not expressly granted in and to the Website and the Content.
- You may access Website Content only as permitted under this Agreement. Wudaokou reserves all rights in and to the Website Content and the Website not expressly granted.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any use other than your own or for any other than educational purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
- Some of the features of this Website or the services found at the Website may allow Users to view, post, publish, share, store, or manage the following: (1) ideas, opinions, recommendations, or advice ("User Submissions") or (2) literary, artistic, musical, or other content, including but not limited to photos and videos ("User Content").
- You acknowledge and agree that your posting or publishing User Content are entirely voluntary and do not establish a confident relationship or obligate Wudaokou to treat your User Submission as confidential or secret. Wudaokou has no obligation, either express or implied, to develop or use your submission and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submission.
- By posting or publishing User Content to this Website or to the services found that this Website, you represent and warrant to Wudaokou that you have all necessary rights to do so, either because you are the author and have the right to do so, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner and that you do not violate any rights of any third party. Furthermore, you authorize Wudaokou to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of it in a manner contemplated by this Website and Agreement. Accordingly, you hereby grant Wudaokou a worldwide, nonexclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, combined with other works, display and perform your User Content in any media formats and through any media channels without restrictions of any kind and without payment or the consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of the Website a nonexclusive license to access your User Content (with the exception of User Content that you designate "private" or "password-protected") through this Website, and to use, reproduce, distribute, prepare derivative works of, combined with other works, display, and perform your User Content as permitted through the functionality of this Website and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Website. You understand and agree, however, that Wudaokou may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
- YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WUDAOKOU.
the right to suspend, terminate, modify or delete a user account and/or
access to the Website, including but not limited to long-distance learning
by means of online teacher-student communication and written instructional
materials, at any time for any reason or for no reason, with or without
notice to you.
7. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wudaokou's designated Copyright Agent to receive notifications of claimed infringement is: Christopher Alesevitch, Wudaokou Borderless Learning LLC, 887D Main St., Monroe, CT 06468. Tel: 203-446-5383, E-mail: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Wudaokou customer service at email@example.com.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WUDAOKOU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WUDAOKOU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WUDAOKOU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL WUDAOKOU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WUDAOKOU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WUDAOKOU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered from Wudaokou's facilities in the United States of America. Wudaokou makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You understand and agree that the traffic of data through the Internet may cause delays during access and use of the Website and shall not hold Wudaokou liable for delays, which are ordinary in the course of Internet use. Wudokou shall not be responsible for any delay or failure in performance resulting from any cause beyond its control.
You agree to defend, indemnify and hold harmless Wudaokou, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement or the Privacy Notice, herein incorporated by reference; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wudaokou without restriction.
You agree that: (i) the Website and any other Websites operated or controlled by Wudaokou shall be deemed solely based in Connecticut; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over the Website, either specific or general, in jurisdictions other than Connecticut. This Agreement shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. Any claim or dispute between you and Wudaokou that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in New Haven County, Connecticut. This Agreement, together with the Privacy Notice at http://www.wudaokou.com/document/privacy-policy and the Wudaokou Classroom Policy Notice and its legal version, found at http://www.Wudaokou.com/document/classroom-policy, and any other legal notices published by Wudaokou on the Website, shall constitute the entire agreement between you and Wudaokou concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wudaokou's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Wudaokou reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND WUDAOKOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated May 2010