Terms & Conditions
The MyKindaChina.com web site (the "site") is an online information service provided by tealit.com, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. MyKindaChina.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are MyKindaChina.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to tealit.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to MyKindaChina.com by all means and in any media now known or hereafter developed. You also grant to MyKindaChina.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MyKindaChina.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MyKindaChina.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of MyKindaChina.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by MyKindaChina.com, MyKindaChina.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for MyKindaChina.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with MyKindaChina.com. You also understand that MyKindaChina.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MyKindaChina.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MyKindaChina.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MyKindaChina.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MyKindaChina.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MyKindaChina.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MyKindaChina.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MyKindaChina.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MyKindaChina.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-MyKindaChina.com web site, please understand that it is independent from MyKindaChina.com, and that MyKindaChina.com has no control over the content on that web site. In addition, a link to a MyKindaChina.com web site does not mean that MyKindaChina.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless MyKindaChina.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of MyKindaChina.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of China applicable to agreements made and to be performed in China. You agree that any legal action or proceeding between MyKindaChina.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in China. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MyKindaChina.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MyKindaChina.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Addendum I: Paid Sections
TERMS AND CONDITIONS FOR POSTING IN THE LOOKING FOR TEACHERS SECTION OF THE
MyKindaChina.com CLASSIFIEDS
刊登人(單位)茲欲於NewTouch Digital Media Co. 經營之網站http://www. MyKindaChina.com（以下簡稱tealit.com）刊登廣告，刊登人認知並同意遵守本約定書下列各項條款：
Please read this agreement carefully before posting in the Looking for Teachers section of the MyKindaChina.com Classifieds. As a condition to and in consideration of posting an ad in the Looking for Teachers section, the user agrees to be bound by the terms of this agreement. Use of or access to the MyKindaChina.com Classifieds shall constitute acceptance of and agreement to be bound by this agreement. If you do not wish to be bound by this agreement, do not post an ad in the Looking for Teachers section of the MyKindaChina.com Classifieds.
This agreement "agreement" is entered into by and between MyKindaChina.com and any individual, corporation, association, agency, company, or other entity who accesses or uses the Looking for Teachers section of the MyKindaChina.com Classifieds (the "user" or "you").
1.) This agreement shall be governed by the laws of China, and you and the MyKindaChina.com Classifieds each submit to the exclusive jurisdiction of the courts of China. This agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the MyKindaChina.com Classifieds, including any interactive area, (ii) the use of any networks or other services connected to the MyKindaChina.com Classifieds, and (iii) the communications means by which you connect your modem, computer, or other equipment to the MyKindaChina.com Classifieds.
2.) The MyKindaChina.com Classifieds is a sub-section of a world wide web site on the internet and is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. Under no circumstances shall the MyKindaChina.com Classifieds, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the MyKindaChina.com Classifieds or the content contained within any internet site linked to or from the MyKindaChina.com Classifieds. Nor do the tealit.com Classifieds, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors make any warranty as to the results that may be obtained from the use of the MyKindaChina.com Classifieds or any internet site linked to or from the MyKindaChina.com Classifieds or as to the timeliness, sequence, accuracy, authority, completeness, usefulness, noninfringement, reliability, availability, or substance of any content, information, service, or transaction provided through the MyKindaChina.com Classifieds or any site linked to or from the MyKindaChina.com Classifieds. The MyKindaChina.com Classifieds is provided on an "as is," "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
Advertiser understands that any disputes between the advertiser and job applicants must be resolved in accordance with all applicable laws
3.) The MyKindaChina.com Classifieds may terminate or temporarily suspend your access to all or any part of the MyKindaChina.com Classifieds, without notice or refund, for conduct that the MyKindaChina.com Classifieds believes is a violation of this agreement or any policies or guidelines posted by the MyKindaChina.com Classifieds, or for other conduct which the MyKindaChina.com Classifieds believes, in its sole discretion, is harmful to the MyKindaChina.com Classifieds or other users.
4.) Third party ads of any nature are prohibited. Posting for a third party will result in termination of the posters ad without refund and termination of the user’s right to post in the Looking for Teachers section and other sections of the website.
5.) Ads offering employment agent services, employment consulting services, or human resource services are prohibited.
Further, ads with content similar to or offering services similar to those services found within MyKindaChina.com and the MyKindaChina.com Classifieds - including, but not limited to, the content and services found within the Looking for Teachers, Teachers Available, Apartments & Roommates, Jobs In Other Professions, Transportation!, Personals, Computers, General Merchandise, Business Opportunities, Announcements, Collectibles or Real Estate sections and sub-sections of MyKindaChina.com - are not allowed; nor can the content of your ad offer an internet web forum; nor can the content of your ad offer group or individualized assistance to people living in China, offer housing, services to find housing, shopping services, medical appoint making services, auction services, language exchange opportunities nor personal ad services. If an advertiser is discovered to be offering any of the aforementioned content, services or services similar to the aforementioned, the advertiser understands that it will result in termination of the ad without refund and termination of the user’s right to post in the Looking for Teachers section. Further, the advertiser agrees to pay a penalty of 100 times the cost of their cancelled ad. The advertiser also accepts any further civil liability that may be adjudicated as a result of violation the terms of the agreement.
6.) Advertisers understand that access to and use of the data within MyKindaChina.com Classifieds can be only for themselves and may not under any circumstances be made available to a third party. You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the content, in whole or in part, nor use the data to organize events or to send unsolicited offers by phone, fax, post or email. Any violation will result in the termination of your ad without refund, and termination of your right to post in the Looking for Teachers section. Further, the advertiser agrees to pay a penalty of 100 times the cost of the cancelled ad. The advertiser also accepts any further civil liability that may be adjudicated as a result of violation the terms of the agreement.
7.) The terms set out in this agreement are binding for the duration of your ad. The only right with respect to dissatisfaction with any policies, guidelines, or practices of the MyKindaChina.com Classifieds in operating the MyKindaChina.com Classifieds, or any change in content, is for you to discontinue accessing the MyKindaChina.com Classifieds.
8.) You expressly agree that your use of the MyKindaChina.com Classifieds is at your sole risk. Neither the tealit.com Classifieds nor any of its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, affiliates, licensors or other suppliers providing content, data, information or services warrants that the MyKindaChina.com Classifieds or any internet site linked to or from the MyKindaChina.com Classifieds will be uninterrupted or error free, that defects will be corrected, or that this site, including the interactive areas, or the server that makes it available are free of viruses or other harmful components.
9.) Should the user or the user’s company suspend or cease operations their ad will be terminated upon the day the advertiser’s business endeavors were interrupted.
10.) The MyKindaChina.com Classifieds may revise this agreement or any other policy at any time and from time to time, and such revision shall be effective upon posting. You agree to review this agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the MyKindaChina.com Classifieds. Your continued accessing and use of the MyKindaChina.com Classifieds following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
11.) The content within the MyKindaChina.com Classifieds and the content within internet sites linked to or from the MyKindaChina.com Classifieds may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of the MyKindaChina.com Classifieds and specifically are included in this section agreement. The MyKindaChina.com Classifieds and its contributors may make improvements and/or changes in the content at any time and from time to time.
If any provision of this agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the MyKindaChina.com Classifieds to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. This agreement shall be governed by the laws of China, and you and the MyKindaChina.com Classifieds each submit to the exclusive jurisdiction of the courts of China.
Addendum II: Apartments & Roommates
Free ads in the Apartments & Roommates section is for individuals, not for commercial property owners.
Addendum III: Chat Room
By using the MyKindaChina.com Chat! service (the "Service"), you agree to be bound by the terms and conditions set forth in this Terms of Use Agreement (this "Agreement") as a user (a "User") of the Web site and/or Service.
If you wish to become a member of the Service (a "Member"), please follow the instructions for becoming a Member in the sign up process.
This Agreement sets out the legally binding terms of your use of the Web site and/or the Service, and may be modified by MyKindaChina.com from time to time, such modifications to be effective upon posting by MyKindaChina.com on the Web site.
1. Term.
This Agreement will remain in full force and effect while you are a Member, or a User of the Web site and/or Service. If you become a Member of the Service, you may terminate your membership at any time by ceasing to use or access the Service. MyKindaChina.com may terminate your membership without notice at any time, and for any reason. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7, and 9 of this Agreement.
2. Non-Commercial Use by Members.
The Web site and/or Service are for the personal use of individual Users and Members only, and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not be a User, or become a Member, and should therefore not use the Web site and/or Service for any purpose. Use in violation to this agreement is prohibited and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
3. Proprietary Rights.
MyKindaChina.com is the owner or exclusive licensee of all copyrights, trademarks, and other proprietary information related to the Web site and/or Service, and thereby retains all proprietary rights associated therewith. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information. MyKindaChina.com and the MyKindaChina.com logo are under exclusive license.
4. Conduct.
1. You understand and agree that any content is subject to removal from the Service if, in MyKindaChina.com sole discretion, any such Content is found to be offensive or illegal, appears harmful or threatening to another User or Member, or violates the rights of another User or Member or the terms and conditions of this Agreement.
2. Each User and Member is solely responsible for his or her Content when using the Service, whether or not it is monitored and/or removed from the Service by MyKindaChina.com.
3. The following is a partial list of the kind of Content that is illegal or prohibited when a Member or User is using the Service. MyKindaChina.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
1. is offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. intentionally promotes false or misleading information;
4. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
5. seeks information or results in communications concerning illegal. activities.
6. You must use the Web site and/or Service in a manner consistent with any and all applicable laws and Regulations in the jurisdiction in which you use the Web site and/or Service, regardless of where you reside.
4. You may not engage in advertising to, or solicitation of, other Users or Members to buy or sell any products or services through the Web site and/or Service.
5. Disclosure of Personal Information.
You assume sole responsibility for any information you disclose to another User or Member. MyKindaChina.com reserves the right, but has no obligation, to monitor, for any violation of this Agreement, the disclosure of information between you and another Member or User while you are using the Service, but does not have the ability to monitor any information disclosed between Users and/or Members during live one-on-one chat. It is possible that another Member or User may use the Service to communicate offensive or obscene Content in violation of this Agreement, and that you may be involuntarily exposed to such offensive and obscene Content. It is also possible for another Member or User to obtain your personal information from disclosures made by you to such Member or User, for the purpose of harassing or injuring you. Please carefully select the type of information you communicate to other Users or Members at all times.