Terms of Service

Welcome to Chinlingo (hereinafter referred to as “The Website”), an online community for learning Chinese. The Site is owned and operated by Xiamen Chinlingo Information Science & Technology Co., Ltd, a Chinese limited liability company with its registered address at No. 41, Wanghai Road, Software Park II, Xiamen, China.

1.ACCEPTANCE OF TERMS

1.1 Chinlingo provides its service (the “Service”) to you, subject to the following Terms of Service.

1.2 By accessing or using the Site, you (“you”) confirm that you agree to be bound by these Terms of Service. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service.

1.3 These Terms of Service may be updated from time to time by Chinlingo. All changes will be posted on the Site. Your continued use of the Service or the Site after any such changes have been made constitutes your acceptance of the new Terms of Service. The latest Terms of Service shall always prevail wherever there is any dispute between you and Chinlingo.

1.4 If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.

2.DESCRIPTION OF SERVICE

2.1 Time concerned in Chinlingo service shall be based on Beijing Time.

2.1 The Service is web-based and allows users that register for an account on the Service (each a “User”) to create and update an online profile on the Site (“Profile”).

2.2 Unless explicitly stated otherwise for additional charge, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

3.REGISTRATION

3.1 In order to use most features of the Service, you must have a valid Chinlingo account. In order to obtain a Chinlingo account, you must register with Chinlingo by providing your user name, a valid email address and other information (“Registration Data”) as required by the registration process on the Site. As part of that registration process, you will choose a password and a username for your Profile.

3.2 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to:

3.2.1 use your account individually and not share it with others; and immediately notify Chinlingo by sending us an email of any unauthorized use of your password or account or any other breach of security.

3.2.2 provide true, accurate, up-to-date and complete information about yourself as prompted by the Service’s registration form; and maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete. If you provide the false, inaccurate, or incomplete information or information inconsistent with your current state, or Chinlingo is justified to doubt that the information you provided is false, inaccurate or incomplete or fails to reflect your current status, Chinlingo is authorized to suspend or terminate your accountyou’re your registered information, and reject your using of “Service” (or any others) in any form presently or in the future.

3.3You can modify data that you have entered into the Service at any time by accessing your account and going to “Settings”.

3.4 Chinlingo cannot and will not be liable for any loss or damage arising from your failure to comply with relevant clauses.

4.FEES

4.1 Some functions of Chinlingo can be used free of charge. However, you have the option to subscribe to a Premium membership in order to get access to additional learning functionalities on the site.

4.2 The premium account has included in the price the services of storage, maintenance and the processing of all user data and progress.

4.3 The prices and services relating to Premium Accounts are subject to change. Any change will be notified by Chinlingo on the Website, before accepting payments of any new prices, in order to obtain consent from the Registered User.

5.PURCHASING PAID SERVICES AND PAYMENT TERMS

5.1 Payment

By placing an order, you agree to pay the stipulated fees for the relevant Paid Service(s) by credit card or any other form of payment accepted by Chinlingo, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s).You acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Chinlingo website and will not affect existing subscriptions (price changes won’t affect your existing subscription, and will only apply to any future subscription purchase).

5.2 Subscriptions

In relation to Paid Services that are offered on a subscription basis, Chinlingo offers different subscription periods so that you can choose the one that best meets your needs. Payment for subscription-based Paid Services is made in advance.

5.3 Promotions and Free Offers

Chinlingo may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.

5.4.Refund Policy

The User can return or cancel any subscription or purchase made on the Website at any time within first 15 days following the transaction.

In order to apply for a refund, the User must contact Chinlingo directly via the refunding page. The customer service personnel of Chinlingo will deal with your request within 48 hours (in the case of working days).

6.PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service by reference. Determining which personal data may be shared on your Profile is at your discretion and is your responsibility. By signing up to the Service you accept the terms of these Terms of Service, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

7.USER CONTENT AND BEHAVIOUR ON THE SERVICE

7.1 All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted, uploaded, emailed or transmitted via the Service by Users (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. Chinlingo accepts no responsibility at all for any User Content that any User uploads, posts, emails, transmits or otherwise makes available via the Service. Chinlingo does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.

7.2 You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Chinlingo be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service.

7.3 You acknowledge that Chinlingo does not monitor User Content, but that Chinlingo shall have the right (but not the obligation) in its sole discretion to refuse, move or delete any User Content that is available via the Service that breaches the Terms of Service or is otherwise (in Chinlingo’s sole discretion) objectionable.

7.4 Chinlingo does not claim ownership of the User Content. By submitting User Content to the Service, you grant Chinlingo a worldwide, royalty-free, and non-exclusive licence to reproduce, modify and publish such User Content (i) in respect of User Content which is submitted to your Profile, for the purpose of displaying, distributing and promoting your Profile within the Service at all times until your Profile is terminated, (ii) in respect of other User Content, indefinitely for the purposes of the normal operation of the Service, and (iii) in respect of User Content which provides comments on the Service (whether in your Profile or not), for the purpose of marketing the Service to third parties.

7.5 You agree to use the Service in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In particular, you agree not to use the Service to:

7.5.1upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

7.5.2harm minors in any way;

7.5.3 impersonate any person or entity, including, but not limited to, employees or representatives of Chinlingo, moderators, founders of forums or groups, or generally any other nonexistent person, member of an organization, or falsely state or otherwise misrepresent your affiliation with any person or entity;

7.5.4use the Service as a forwarding service to another website;

7.5.5forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;

7.5.6 upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships);

7.5.7upload, post, email, transmit or otherwise make available any User Content that infringes any Intellectual Property Rights or confidentiality rights of any party;

7.5.8 upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

7.5.9 upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7.5.10 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

7.5.11 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

7.5.12 “stalk” or otherwise harass any other Users;

7.5.13 collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or

7.5.14 promote other sites or services which are not related with the Service offered by Chinlingo.

7.6 You acknowledge and agree that Chinlingo may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service or the Paid Services Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chinlingo, its Users and the public.

8.THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES

8.1 The Site may contain third-party owned content and links to other websites (“Linked Sites”). Chinlingo does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Chinlingo, and Chinlingo is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Chinlingo may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by Chinlingo in favour of any third party. You further acknowledge and agree that Chinlingo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Content, goods or services available on or through any such site or resource.

8.2 Chinlingo respects the Intellectual Property Rights of others, and we ask our Users to do the same. Chinlingo has no responsibility for content on other websites that you may find or access when using the Service. Material available on or through other websites may be protected by copyright and the intellectual property laws of any country. The terms of use of those websites, and not the Terms of Service of Chinlingo, govern your use of that material.

9.ADVERTISERS

9.1 Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Chinlingo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9.2 You understand and agree that the Service may include advertisements and that these advertisements are necessary for Chinlingo to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Chinlingo has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Chinlingo on your Profile are subject to change at any time at Chinlingo’s discretion.

10.TERMINATION

10.1 You agree that Chinlingo may terminate your account if Chinlingo has reason to believe that you have breached or acted inconsistently with the Terms of Service. Following such a termination, Chinlingo may remove and discard any of your User Content within the Service (including, but not limited to your Profile), and may also terminate any contracts, verbal or written or assumed, in conjunction with your deleted Profile.

10.2 Chinlingo reserves the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the Site wherever possible. You agree that Chinlingo shall not be liable to you or to any third party for any modification or discontinuance of the Service (except the Paid Services).

11.RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Chinlingo.

12.INTELLECTUAL PROPERTY RIGHTS

12.1You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service (“Software”), and all content (including text, videos, images or other materials) contained within the Site and the Service other than User Content (“Content”) belong to Chinlingo and its licensors and that, except for the limited license rights granted to you。 Chinlingo and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term “Intellectual Property Rights” means copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.

12.2 Chinlingo grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use the Site, the Service, the Content and the Software, in each case for your own personal, non-commercial use, in accordance with these Terms of Service and any other written or other instructions of Chinlingo (including any instructions or parameters set down by Chinlingo within or as part of the Site or the Service).

12.3 Your license to use the Software is restricted to use of the object code of the Software, and it is a condition of such license that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any third party Content.

12.4 You agree to not to access the Site, the Service or the Content by any means other than through the interfaces that are provided by Chinlingo for use in accessing the Service; or

except as expressly authorized by Chinlingo or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

13.INDEMNITY

You agree to indemnify and hold Chinlingo, and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms of Service, or your violation of any rights of another person or entity.

14.GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Chinlingo may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you. You agree that Chinlingo has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that Chinlingo reserves the right to delete accounts that are inactive for a period of more than 6 months.

15.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

15.1 You understand and agree that the Site, the Service and the Content are provided “AS IS” and that you use the Site, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, Chinlingo expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, Chinlingo does not assume any responsibility for any improvement of your language learning; the timeliness, deletion, mis-delivery or non-delivery of information; failure to store any user communications or personalization settings; restriction or loss of access; any bugs or other errors; unauthorized use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, Chinlingo does not warrant that the Service or any part of it will be uninterrupted or error-free.

15.2 Without prejudice to clause 15.1 but subject to clause 15.3,you expressly agree that Chinlingo shall not be liable for any:

loss of profit;

loss of goodwill;

loss of use;

loss of opportunity;

loss of data;

loss of anticipated savings;

(in each case whether direct or indirect), nor

for any indirect, incidental, special, consequential or exemplary damages (even if Chinlingo has been advised of the possibility of such damages),

resulting from any matter relating to the Site, the Service or the Content.

15.3However, Chinlingo does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which Chinlingo is not permitted to restrict or exclude as a matter of applicable law.

15.4In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the Site or the Service, you release Chinlingo from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.

16.GENERAL INFORMATION

16.1 Applicable legislation and jurisdiction. The Terms of Service and the relationship between you and Chinlingo shall be governed by the laws of the People’s Republic of China (Mainland China) without regard to any conflict of law provisions of any jurisdiction. You and Chinlingo agree to submit to the exclusive jurisdiction of the Chinese courts, except that Chinlingo may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.

16.2 Third party rights. No person other than you shall have any rights under these Terms of Service in relation to your access and/or use of the Site, the Service and/or the Content other than you and Chinlingo, provided that Chinlingo’s third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.

16.3 Waiver and severability of terms. The failure of Chinlingo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

16.4 Entire agreement. You agree that these Terms of Service represent the entire understanding between you and Chinlingo in respect of your relationship with Chinlingo as a User. These Terms of Service supersede any previous agreements between you and Chinlingo including any previous version of these Terms of Service.

17.CONTACT

17.1 Please contact us for any question you might have or report any breaches of the Terms of Service under server@Chinlingo.com.

17.2 Chinlingo may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the website.