We offer the use of the Site and its content to any citizens of legal age of countries other than Iran and North Korea. We do not grant any permission of use of any content if you are a citizen of Iran or North Korea, or if you are subject to any sanctions passed by the Security Counsel of the United Nations, or if your use of the Site requires the permission of the United States Office for Foreign Asset Control (OFAC).
SCOPE OF SERVICE. The information, services, products etc. offered on this website, mobile phone app or in any interacive human or non-human communication between you and us are offered 'as is', with absolutely no representation made for accuracy, reliability, or functionality. You acknowledge that the information may be wrong, and we take no responsibility whatsoever about content or the quality of service and products. We reserve the sole right at any point in time to either modify or discontinue the site, including any of the site's features, with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms.
YOUR RIGHTS. The information on our website is offered to only to humans viewing our website with a browser software directly operated by pointing device and keyboard. Any use through any other means, including but not limited to software retrieving pages or other information through the transmission of http requests generated by means other than direct human initiation via entering web addresses in a browser bar or clicking on links by manual interaction with clickable areas on a screen displaying elements that link to http requests are prohibited with the exception of indexing services for search purposes operated by companies owned by Alphabet Inc. (Google) or Microsoft Corporation (Bing).
PROVISION OF CONTENT. The Content and Apps are provided for the sole use by you and you only, with no permission to copy, reproduce, license, sublicense or pass on in any form. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this Site or Apps. By singing on with your browser or by registering with a specific identifier and a password (the “Credentials”), or by employing the services of a provider that handles identification of an individual user, you give us the irrevocable permission to store all data about you, your conduct on the site and any information relevant to your use of the site, such as your IP address, and store all transactions and information in a data collection (the “Account”) residing on servers operated or contracted by us. You warrant and represent that, once registered, you will not provide your Credentials to any third party, nor will you permit any third party to use Credentials they may have obtained through other ways to use your Account. For your convenience, we may store an identifying token (the “Cookie”) on your web browser to identify you when returning to the site for your own convenience, avoiding the need to provide Credentials each time you visit the site.
TRUE IDENTITIES. By registering on our site, you warrant and represent that (a) the name you are stating in any fields designated Name or First Name or Last Name is your truthful legal name, as spelled in your government issued identity documents, and (b) your email address and user name does not impersonate or otherwise suggest any identity other than your true own one.
LIMITATION OF LIABILITY. Our liability for any damages, including those resulting from gross negligence, is limited to twice the amount paid by you for any services or products to us.
DISCLOSURES. You are aware that Xylophone.com has an active domain portfolio, and is an active buyer for domain assets. During any negotiations, we reserve the right to buy and sell for our own account.
FAIR USE POLICY. You are granted access to our content and services under the policy of Fair Use, specifically for your personal use within limitations of access customary for normal consumption. You warrant and represent that you (a) will not download amounts of content beyond what is typically needed for your own use. If our Site or Apps permit the download of content for offline use, your right is limited to a window of 14 days, half of which is content you already studied for reference and future content you may want to study going forward. You warrant and represent that you will delete any content beyond the limits described above, and you will cooperate with any investigations we may decide to initiate and provide all information about any of your conduct or conduct you have personal knowledge of that may violate these Terms or any laws of any country that the services of the Site are offered in.
INTELLECTUAL PROPERTY INFORMATION. Any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed on the Site or Apps is the intellectual property owned by ChinesePod LLC, and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
PROCESS TO REPORT VIOLATIONS. If you believe that any of the content of the Site or any related platforms under the control of Chinesepod violates any rights that you believe you have, you may provide notice in writing to our corporate offices located at 246 West Broadway, New York NY 10013, (a) identifying in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed, (b) identify the material that you claim is infringing the copyrighted work listed as photo or “screen shot”, provide information reasonably sufficient to permit us to contact you by both a legal postal address of service (no P.O. box) as well as an address for electronic communications (email), (c) include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law" and (d) include a written statement and your signature below "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.", for adjudication as provided in the Digital Millennium Copyright Act.
DISCLAIMER OF WARRANTIES. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized ChinesePod LLC spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "as is" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECURITY AND PASSWORD. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
TRADEMARKS. All brands on this website are subject to internatinal trademark laws.
ENTIRE AGREEMENT. These Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
ARBITRATION, GOVERNING LAW AND LEGAL VENUE. This agreement is governed by the laws of the State of New York, and you agree for any claims you have against us to be exclusively resolved through arbitration at the Netherlands Arbitration Institute (www.nai-nl.org) in Rotterdam. All parties agree on language of arbitration being English, and the arbitration held under ICC 2021 Arbitration Rules (as published at www.iccwbo.org) under the chair of one arbitrator.
All legal notices, questions and inquiries should be directed to our attorneys:
Morton & Associates LLLP 246 West Broadway New York NY 10013