TERMS OF USE
Last updated April 28, 2022
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally
binding
agreement made between you, whether
personally
or on behalf of an entity (“you”)
and __________
("Company,"
“we,"
“us," or
“our”),
concerning
your access to and use of the https://www.tzbaike.com
website as well as any other media form,
media
channel, mobile website or mobile
application
related, linked, or otherwise connected
thereto
(collectively, the “Site”). You
agree that by accessing the Site, you have
read,
understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH
ALL
OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents
that may be posted on the Site from time to
time
are hereby expressly incorporated herein by
reference. We reserve the right, in our sole
discretion, to make changes or modifications
to
these Terms of Use at any time and for any
reason. We will alert you about any changes
by
updating the “Last updated” date
of
these Terms of Use, and you waive any right
to
receive specific notice of each such change.
Please ensure that you check the applicable
Terms every time you use our Site so that
you
understand which Terms apply. You will be
subject to, and will be deemed to have been
made
aware of and to have accepted, the changes
in
any revised Terms of Use by your continued
use
of the Site after the date such revised
Terms of
Use are posted.
The information provided on the Site is not
intended for distribution to or use by any
person or entity in any jurisdiction or
country
where such distribution or use would be
contrary
to law or regulation or which would subject
us
to any registration requirement within such
jurisdiction or country. Accordingly, those
persons who choose to access the Site from
other
locations do so on their own initiative and
are
solely responsible for compliance with local
laws, if and to the extent local laws are
applicable.
All users who are minors in the
jurisdiction in
which they reside (generally under the age
of
18) must have the permission of, and be
directly
supervised by, their parent or guardian to
use
the Site. If you are a minor, you must have
your
parent or guardian read and agree to these
Terms
of Use prior to you using the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our
proprietary property and all source code,
databases, functionality, software, website
designs, audio, video, text, photographs,
and
graphics on the Site (collectively, the
“Content”)
and the trademarks, service marks, and logos
contained therein (the “Marks”)
are
owned or controlled by us or licensed to us,
and
are protected by copyright and trademark
laws
and various other intellectual property
rights
and unfair competition laws of the United
States, international copyright laws, and
international conventions. The Content and
the
Marks are provided on the Site “AS IS”
for your information and personal use only.
Except as expressly provided in these Terms
of
Use, no part of the Site and no Content or
Marks
may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise
exploited for any commercial purpose
whatsoever,
without our express prior written
permission.
Provided that you are eligible to use the
Site,
you are granted a limited license to access
and
use the Site and to download or print a copy
of
any portion of the Content to which you have
properly gained access solely for your
personal,
non-commercial use. We reserve all rights
not
expressly granted to you in and to the Site,
the
Content and the Marks.
3. USER
REPRESENTATIONS
By using the
Site,
you represent and warrant that: (1) all
registration information you submit will
be
true, accurate, current, and complete;
(2)
you will maintain the accuracy of such
information and promptly update such
registration information as necessary; (3)
you have the legal capacity and you
agree to
comply with these Terms of Use; (4)
you
are not a minor in the jurisdiction in
which
you reside, or if a minor, you have
received
parental permission to use the Site; (5)
you
will not access the Site through
automated
or non-human means, whether through a
bot,
script, or otherwise; (6) you will not
use
the Site for any illegal or unauthorized
purpose; and (7) your use of the Site
will
not violate any applicable law or
regulation.
If you provide
any
information that is untrue, inaccurate,
not
current, or incomplete, we have the
right to
suspend or terminate your account and
refuse
any and all current or future use of the
Site (or any portion thereof).
4. USER
REGISTRATION
You may be required to register with
the
Site. You agree to keep your password
confidential and will be responsible for
all
use of your account and password. We
reserve
the right to remove, reclaim, or change
a
username you select if we determine, in
our
sole discretion, that such username is
inappropriate, obscene, or otherwise
objectionable.
5. PROHIBITED
ACTIVITIES
You may not access or use the Site for
any
purpose other than that for which we
make
the Site available. The Site may not be
used
in connection with any commercial
endeavors
except those that are specifically
endorsed
or approved by us.
As a
user
of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
6. USER
GENERATED CONTRIBUTIONS
The Site
may
invite you to chat, contribute to,
or
participate in blogs, message
boards,
online forums, and other
functionality,
and may provide you with the
opportunity
to create, submit, post, display,
transmit, perform, publish,
distribute,
or broadcast content and materials
to us
or on the Site, including but not
limited to text, writings, video,
audio,
photographs, graphics, comments,
suggestions, or personal information
or
other material (collectively, "Contributions").
Contributions may be viewable by
other
users of the Site and through
third-party websites. As such, any
Contributions you transmit may be
treated as non-confidential and
non-proprietary. When you create or
make
available any Contributions, you
thereby
represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of
the
Site in violation of the foregoing
violates these Terms of Use and may
result in, among other things,
termination or suspension of your
rights
to use the Site.
7. CONTRIBUTION
LICENSE
By posting
your
Contributions to any part of the
Site or
making Contributions accessible to
the
Site by linking your account from
the
Site to any of your social
networking
accounts, you automatically grant,
and
you represent and warrant that you
have
the right to grant, to us an
unrestricted, unlimited,
irrevocable,
perpetual, non-exclusive,
transferable,
royalty-free, fully-paid, worldwide
right, and license to host, use,
copy,
reproduce, disclose, sell, resell,
publish, broadcast, retitle,
archive,
store, cache, publicly perform,
publicly
display, reformat, translate,
transmit,
excerpt (in whole or in part), and
distribute such Contributions
(including, without limitation, your
image and voice) for any purpose,
commercial, advertising, or
otherwise,
and to prepare derivative works of,
or
incorporate into other works, such
Contributions, and grant and
authorize
sublicenses of the foregoing. The
use
and distribution may occur in any
media
formats and through any media
channels.
This
license
will apply to any form, media, or
technology now known or hereafter
developed, and includes our use of
your
name, company name, and franchise
name,
as applicable, and any of the
trademarks, service marks, trade
names,
logos, and personal and commercial
images you provide. You waive all
moral
rights in your Contributions, and
you
warrant that moral rights have not
otherwise been asserted in your
Contributions.
We do not
assert any ownership over your
Contributions. You retain full
ownership
of all of your Contributions and any
intellectual property rights or
other
proprietary rights associated with
your
Contributions. We are not liable for
any
statements or representations in
your
Contributions provided by you in any
area on the Site. You are solely
responsible for your Contributions
to
the Site and you expressly agree to
exonerate us from any and all
responsibility and to refrain from
any
legal action against us regarding
your
Contributions.
We have the
right,
in our sole and absolute discretion, (1)
to
edit, redact, or otherwise change any
Contributions; (2) to re-categorize any
Contributions to place them in more
appropriate locations on the Site; and
(3)
to pre-screen or delete any
Contributions at
any time and for any reason, without
notice.
We have no obligation to monitor your
Contributions.
8. GUIDELINES
FOR REVIEWS
We may provide
you
areas on the Site to leave reviews or
ratings. When posting a review, you must
comply with the following criteria: (1)
you
should have firsthand experience with
the
person/entity being reviewed; (2) your
reviews should not contain offensive
profanity, or abusive, racist,
offensive, or
hate language; (3) your reviews should
not
contain discriminatory references based
on
religion, race, gender, national origin,
age, marital status, sexual orientation,
or
disability; (4) your reviews should not
contain references to illegal activity;
(5)
you should not be affiliated with
competitors if posting negative reviews;
(6)
you should not make any conclusions as
to
the legality of conduct; (7) you may not
post any false or misleading statements;
and
(8) you may not organize a campaign
encouraging others to post reviews,
whether
positive or negative.
We may accept,
reject, or remove reviews in our sole
discretion. We have absolutely no
obligation
to screen reviews or to delete reviews,
even
if anyone considers reviews
objectionable or
inaccurate. Reviews are not endorsed by
us,
and do not necessarily represent our
opinions or the views of any of our
affiliates or partners. We do not assume
liability for any review or for any
claims,
liabilities, or losses resulting from
any
review. By posting a review, you hereby
grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and
license to reproduce, modify, translate,
transmit by any means, display, perform,
and/or distribute all content relating
to
reviews.
9. SOCIAL
MEDIA
As part of the functionality of the Site, you
may
link your account with online accounts you have
with
third-party service providers (each such
account, a
“Third-Party Account”) by either:
(1)
providing your Third-Party Account login
information
through the Site; or (2) allowing us to access
your
Third-Party Account, as is permitted under the
applicable terms and conditions that govern your
use
of each Third-Party Account. You represent and
warrant that you are entitled to disclose your
Third-Party Account login information to us
and/or
grant us access to your Third-Party Account,
without
breach by you of any of the terms and conditions
that govern your use of the applicable
Third-Party
Account, and without obligating us to pay any
fees
or making us subject to any usage limitations
imposed by the third-party service provider of
the
Third-Party Account. By granting us access to
any
Third-Party Accounts, you understand that (1) we
may
access, make available, and store (if
applicable)
any content that you have provided to and stored
in
your Third-Party Account (the “Social
Network
Content”) so that it is available on and
through the Site via your account, including
without
limitation any friend lists and (2) we may
submit to
and receive from your Third-Party Account
additional
information to the extent you are notified when
you
link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose
and
subject to the privacy settings that you have
set in
such Third-Party Accounts, personally
identifiable
information that you post to your Third-Party
Accounts may be available on and through your
account on the Site. Please note that if a
Third-Party Account or associated service
becomes
unavailable or our access to such Third Party
Account is terminated by the third-party service
provider, then Social Network Content may no
longer
be available on and through the Site. You will
have
the ability to disable the connection between
your
account on the Site and your Third-Party
Accounts at
any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY
YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any
Social
Network Content for any purpose, including but
not
limited to, for accuracy, legality, or
non-infringement, and we are not responsible for
any
Social Network Content. You acknowledge and
agree
that we may access your email address book
associated with a Third-Party Account and your
contacts list stored on your mobile device or
tablet
computer solely for purposes of identifying and
informing you of those contacts who have also
registered to use the Site. You can deactivate
the
connection between the Site and your Third-Party
Account by contacting us using the contact
information below or through your account
settings
(if applicable). We will attempt to delete any
information stored on our servers that was
obtained
through such Third-Party Account, except the
username and profile picture that become
associated
with your account.
10. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and
shall
become our sole property. We shall own exclusive
rights, including all intellectual property
rights,
and shall be entitled to the unrestricted use
and
dissemination of these Submissions for any
lawful
purpose, commercial or otherwise, without
acknowledgment or compensation to you. You
hereby
waive all moral rights to any such Submissions,
and
you hereby warrant that any such Submissions are
original with you or that you have the right to
submit such Submissions. You agree there shall
be no
recourse against us for any alleged or actual
infringement or misappropriation of any
proprietary
right in your Submissions.
11. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be sent via
the
Site) links to other websites ("Third-Party
Websites") as well as articles,
photographs,
text, graphics, pictures, designs, music, sound,
video, information, applications, software, and
other content or items belonging to or
originating
from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party
Content
are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by
us,
and we are not responsible for any Third-Party
Websites accessed through the Site or any
Third-Party Content posted on, available
through, or
installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or
contained
in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting
the
use or installation of any Third-Party Websites
or
any Third-Party Content does not imply approval
or
endorsement thereof by us. If you decide to
leave
the Site and access the Third-Party Websites or
to
use or install any Third-Party Content, you do
so at
your own risk, and you should be aware these
Terms
of Use no longer govern. You should review the
applicable terms and policies, including privacy
and
data gathering practices, of any website to
which
you navigate from the Site or relating to any
applications you use or install from the Site.
Any
purchases you make through Third-Party Websites
will
be through other websites and from other
companies,
and we take no responsibility whatsoever in
relation
to such purchases which are exclusively between
you
and the applicable third party. You agree and
acknowledge that we do not endorse the products
or
services offered on Third-Party Websites and you
shall hold us harmless from any harm caused by
your
purchase of such products or services.
Additionally,
you shall hold us harmless from any losses
sustained
by you or harm caused to you relating to or
resulting in any way from any Third-Party
Content or
any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their
advertisements and other information in
certain
areas of the Site, such as sidebar
advertisements or banner advertisements. If
you
are an advertiser, you shall take full
responsibility for any advertisements you
place
on the Site and any services provided on the
Site or products sold through those
advertisements. Further, as an advertiser,
you
warrant and represent that you possess all
rights and authority to place advertisements
on
the Site, including, but not limited to,
intellectual property rights, publicity
rights,
and contractual rights. We simply provide
the
space to place such advertisements, and we
have
no other relationship with advertisers.
13. SITE
MANAGEMENT
We reserve the right, but not the
obligation,
to: (1) monitor the Site for violations of
these
Terms of Use; (2) take appropriate legal
action
against anyone who, in our sole discretion,
violates the law or these Terms of Use,
including without limitation, reporting such
user to law enforcement authorities; (3) in
our
sole discretion and without limitation,
refuse,
restrict access to, limit the availability
of,
or disable (to the extent technologically
feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion
and
without limitation, notice, or liability, to
remove from the Site or otherwise disable
all
files and content that are excessive in size
or
are in any way burdensome to our systems;
and
(5) otherwise manage the Site in a manner
designed to protect our rights and property
and
to facilitate the proper functioning of the
Site.
14. PRIVACY
POLICY
We care about data privacy and security. Please
review our Privacy Policy: https://www.tzbaike.com/s/privacy. By
using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into
these
Terms of Use. Please be advised the Site is
hosted in Hong Kong. If you access the Site
from
any other region of the world with laws or
other
requirements governing personal data
collection,
use, or disclosure that differ from
applicable
laws in Hong Kong, then through your
continued
use of the Site, you are transferring your
data
to Hong Kong, and you agree to have your
data
transferred to and processed in Hong Kong.
15. TERM
AND TERMINATION
These Terms of Use shall remain in full
force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE RIGHT
TO,
IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON
OR
FOR NO REASON, INCLUDING WITHOUT
LIMITATION
FOR BREACH OF ANY REPRESENTATION,
WARRANTY,
OR COVENANT CONTAINED IN THESE TERMS OF
USE
OR OF ANY APPLICABLE LAW OR REGULATION.
WE
MAY TERMINATE YOUR USE OR PARTICIPATION
IN
THE SITE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED
AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account
for
any reason, you are prohibited from
registering and creating a new account
under
your name, a fake or borrowed name, or
the
name of any third party, even if you may
be
acting on behalf of the third party. In
addition to terminating or suspending
your
account, we reserve the right to take
appropriate legal action, including
without
limitation pursuing civil, criminal, and
injunctive redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify,
or
remove the contents of the Site at any
time
or for any reason at our sole discretion
without notice. However, we have no
obligation to update any information on
our
Site. We also reserve the right to
modify or
discontinue all or part of the Site
without
notice at any time. We will not be
liable to
you or any third party for any
modification,
price change, suspension, or
discontinuance
of the Site.
We cannot guarantee the Site will be
available at all times. We may
experience
hardware, software, or other problems or
need to perform maintenance related to
the
Site, resulting in interruptions,
delays, or
errors. We reserve the right to change,
revise, update, suspend, discontinue, or
otherwise modify the Site at any time or
for
any reason without notice to you. You
agree
that we have no liability whatsoever for
any
loss, damage, or inconvenience caused by
your inability to access or use the Site
during any downtime or discontinuance of
the
Site. Nothing in these Terms of Use will
be
construed to obligate us to maintain and
support the Site or to supply any
corrections, updates, or releases in
connection therewith.
17. CORRECTIONS
There may be information on the Site
that
contains typographical errors,
inaccuracies,
or omissions, including descriptions,
pricing, availability, and various other
information. We reserve the right to
correct
any errors, inaccuracies, or omissions
and
to change or update the information on
the
Site at any time, without prior notice.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE
OF THE SITE AND OUR SERVICES WILL BE AT
YOUR
SOLE RISK. TO THE FULLEST EXTENT
PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE
AND
YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO
WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF
THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF
TRANSMISSION TO
OR FROM THE SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY
ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS
OR
FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED
AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE
SITE,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR
MOBILE APPLICATION FEATURED IN ANY
BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR
MONITORING ANY TRANSACTION BETWEEN YOU
AND
ANY 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.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER
DAMAGES ARISING FROM YOUR USE OF THE
SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
20. INDEMNIFICATION
You agree to defend, indemnify, and
hold us
harmless, including our subsidiaries,
affiliates, and all of our respective
officers, agents, partners, and
employees,
from and against any loss, damage,
liability, claim, or demand, including
reasonable attorneys’ fees and
expenses, made by any third party due to
or
arising out of: (1) your Contributions; (2)
use of the Site; (3) breach of these
Terms
of Use; (4) any breach of your
representations and warranties set forth
in
these Terms of Use; (5) your violation
of
the rights of a third party, including
but
not limited to intellectual property
rights;
or (6) any overt harmful act toward any
other user of the Site with whom you
connected via the Site. Notwithstanding
the
foregoing, we reserve the right, at your
expense, to assume the exclusive defense
and
control of any matter for which you are
required to indemnify us, and you agree
to
cooperate, at your expense, with our
defense
of such claims. We will use reasonable
efforts to notify you of any such claim,
action, or proceeding which is subject
to
this indemnification upon becoming aware
of
it.
21. USER
DATA
We will maintain certain data that you
transmit to the Site for the purpose of
managing the performance of the Site, as
well as data relating to your use of the
Site. Although we perform regular
routine
backups of data, you are solely
responsible
for all data that you transmit or that
relates to any activity you have
undertaken
using the Site. You agree that we shall
have
no liability to you for any loss or
corruption of any such data, and you
hereby
waive any right of action against us
arising
from any such loss or corruption of such
data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails,
and
completing online forms constitute
electronic communications. You consent
to
receive electronic communications, and
you
agree that all agreements, notices,
disclosures, and other communications we
provide to you electronically, via email
and
on the Site, satisfy any legal
requirement
that such communication be in writing.
YOU
HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY
US OR
VIA THE SITE. You hereby waive any
rights or
requirements under any statutes,
regulations, rules, ordinances, or other
laws in any jurisdiction which require
an
original signature or delivery or
retention
of non-electronic records, or to
payments or
the granting of credits by any means
other
than electronic means.
23. MISCELLANEOUS
These Terms of Use and any policies or
operating rules posted by us on the Site
or
in respect to the Site constitute the
entire
agreement and understanding between you
and
us. Our failure to exercise or enforce
any
right or provision of these Terms of Use
shall not operate as a waiver of such
right
or provision. These Terms of Use operate
to
the fullest extent permissible by law.
We
may assign any or all of our rights and
obligations to others at any time. We
shall
not be responsible or liable for any
loss,
damage, delay, or failure to act caused
by
any cause beyond our reasonable control.
If
any provision or part of a provision of
these Terms of Use is determined to be
unlawful, void, or unenforceable, that
provision or part of the provision is
deemed
severable from these Terms of Use and
does
not affect the validity and
enforceability
of any remaining provisions. There is no
joint venture, partnership, employment
or
agency relationship created between you
and
us as a result of these Terms of Use or
use
of the Site. You agree that these Terms
of
Use will not be construed against us by
virtue of having drafted them. You
hereby
waive any and all defenses you may have
based on the electronic form of these
Terms
of Use and the lack of signing by the
parties hereto to execute these Terms of
Use.
24. CONTACT
US
Regarding use of the site, you can
contact us in
https://www.tzbaike.com/s/contact