Play By the Rules!
When
you join AsianConnections.com: (AC), you enthusiastically agree
to Play By the Rules! - rules and guidelines designed to protect
you as an AC client. They are described in detail in the Terms of
Use and Service below. Take from us, we wouldn't bother with this
legalese end of things if it really wasn't the best thing to do
for us all. Besides, what game worth playing (or watching, for that
matter), doesn't have any rules that make sure it won't get boring,
chaotic, dangerous, or simply pointless. So these rules and guidelines
aim to help assure that AsianConnections is safe, fun and worth
the effort for everybody. When you agree to these terms, you agree
as well to take responsibility for your own actions. That makes
sense, doesn't it? So, play by the rules, don't do or say anything
Mom wouldn't be proud of, and it's OK to tattle - in fact, that's
one of the recommended guidelines - in the rare occurrence you should
find that another member isn't sticking to this agreement.
AsianConnections.com:
(AC) Terms of Use and Service
Note
that headings below are for general informational purposes and shall
not be construed to limit or constrain the content contained within
that heading in any way.
Rule
No. 1. You Accept the Terms of Use and Service
The
AsianConnections.com: ('AC') is provided by AsianConnections Inc.
('AsianConnections') under these Terms of Use and Service. Portions
of AC may be viewed simply by visiting the Site, while additional
services from AsianConnections may require registration as a guest
or member of AC. WHEN YOU SIGN ON TO AC AS A REGISTERED GUEST AND/OR
MEMBER, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF
USE AND SERVICE, INLCUDING ANY SUBSEQUENT MODIFICATION OR
AMENDEMENT TO THESE TERMS AS MAY OCCUR FROM TIME TO TIME. These
Terms of Use and Service govern your use of AC and all services
provided in connection with AC, and. AsianConnections shall not
be liable to you for any breach of these Terms of Use and Service.
If you do not agree to these Terms of Use and Service, please do
not register for or enter AC. These Terms of Use and Service apply
to your continued use of AC or any of its services. From time to
time AsianConnections may supplement these Terms of Use and Service
with additional terms ('Additional Terms'). Such modifications may
pertain to specific services, content or events. Additional Terms
may be placed on AC at any time and incorporated by reference into
these Terms of Use and Service. Your continued use of AC will signify
your Acceptance of any Additional Terms set forth and incorporated
herein. The most current version of these Terms of Use and Service
may be viewed in the registration area. Please review these Terms
of Use and Service on a regular basis to determine whether a change
has been incorporated. If you do not agree to any changes in the
Terms of Use and Service as they may occur, discontinue your
use of AC immediately. Please also arrange for immediate termination
of your registration with AC by (i) by written notification to AsianConnections
of your unwillingness to accept the changes to the Terms of Use
and Service; and/or (ii) by written notification to AsianConnections
of your intent to discontinue use of AC.
Rule
No 2. You Accept Any Modifications To These Terms of Use and Service
AsianConnections
may modify these Terms of Use and Service from time to time in its
sole discretion. Your continued use of AC signifies your Acceptance
of any Additional Terms set forth and incorporated herein.
Rule
No. 3. You Agree to Keep Your Registration and Password to Yourself
You
are responsible for maintaining the confidentiality of your Information,
including any password or log-in information which may be required.
You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify AsianConnections
of any unauthorized use of your registration or password.
Rule
No. 4. You Agree to Provide Factual Registration Application Data
and We Agree to Maintain Information Anonymous
As
an AC guest or member, you will be asked to provide information
for your Registration Application. The specific information requested
may include, but not be limited to, your name, zip code and gender
(collectively your 'Information'). When you register as an AC guest
or member, you understand and agree that AsianConnections may disclose
to third parties, on an anonymous basis, certain aggregate data
contained in your Registration Application. AsianConnections agrees
not disclose to any third party your name, address, e-mail address
or telephone number without your prior written consent, except to
the extent required or appropriate to comply with applicable laws
or in legal proceedings where such information is necessary and/or
relevant. AsianConnections reserves the right to offer its own or
third party services and products to you based on preferences that
you may identify in your Registration Application and at any time
thereafter. AsianConnections reserves the right to terminate your
AsianConnections membership and /or any and all services provided
to you if AsianConnections determines, at its sole discretion, that
you have provided AsianConnections with misleading or false information
in your Registration Application.
Rule
No. 5. You Agree to Act Like Mom and the Guys in Blue are Always
Watching
AsianConnections
does not, and cannot, monitor, censor or edit the contents of your
e-mail messages and/or posts to any area of AC. You alone are responsible
for the content of your messages, and the consequences of any such
messages. AsianConnections reserves the right to terminate your
registration if it becomes aware and determines, in its sole discretion,
that you are violating any of the following guidelines.
Any
use by you of any other subscriber's information, personal or otherwise,
for any commercial purpose or to obtain direct financial gain (e.g.
mass marketing) is prohibited. Any such use shall be deemed to be
a violation of these Terms of Use and Service. AC is to be used
by you for your personal use only. Commercial uses of AC are strictly
prohibited unless prior written consent from AsianConnections has
been granted. You agree that you will not use AC for chain letters,
junk mail, 'spamming,' solicitations (commercial or non-commercial)
or bulk communications of any kind including but not limited to
distribution lists to any person who has not given specific permission
to be included in such a list.
You
further agree not to use AC to send or post on message boards any
messages or material that are unlawful, harassing, libelous, defamatory,
abusive, threatening, harmful, vulgar, obscene, profane, sexually
oriented, threatening, racially offensive, accurate, or otherwise
objectionable material of any kind or nature or that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national
or international law or regulation, or encourage the use of controlled
substances. AsianConnections reserves the right to delete any such
material from AC of which AC becomes aware. AsianConnections will
cooperate fully with any law enforcement officials and/or agencies
in the investigation of any person or persons who violate the Terms
of Use and Service contained in this Section 6.
You
agree not to impersonate any other person or entity, whether actual
or fictitious, including impersonating an employee of AsianConnections.
You further agree not to use an inappropriate member name of any
kind.
You
agree not to post or use AC to distribute or send any illegal material
of any kind, including but not limited to, illegal material in the
form of text, graphics, video, programs or audio. Posting content
or participating in any form of discussion with the intention to
commit any illegal activity is strictly prohibited.
You
acknowledge that (i) AsianConnections permits access to content
that is protected by copyrights, trademarks and other intellectual
and proprietary rights ('Rights'); (ii) these Rights are valid and
protected in all media and technologies existing now or later developed;
and (iii) except as explicitly provided otherwise, the Terms of
Use and Service and applicable copyright, trademark and other laws
govern your use of such content. You may not post to AC, copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer any material subject to any Rights. The burden of determining
that any information, software, images or any other content on AC
is not protected by Rights rests with you. You acknowledge that
AsianConnections may acquire Rights to use any posted materials
as described below, and that you will not acquire any of those Rights
by downloading such materials.
By
submitting content to any 'public area' of AC, including message
boards, forums, contests and chat rooms, you grant AsianConnections
and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed,
for the full term of any Rights that may exist in such content.
You also warrant that the holder of any Rights, including moral
rights in such content, has completely and effectively waived all
such rights and validly and irrevocably granted to you the right
to grant the license stated above. You also permit any subscriber
to access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed
on AC retains any and all Rights that may exist in such content.
ANYTHING
CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING
CONTENT TO ANY CONTESTS ON AC, YOU HEREBY EXPRESSLY PERMIT AsianConnections
TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST
IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR
LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE
NOTIFY AsianConnections IN WRITING AT THE TIME YOU SUBMIT THE CONTENT.
Rule
No. 6. You Agree that AsianConnections Isn't a Party to Your Deals
with or Messages from Other Guys
You
may order services or merchandise through AC from other persons
not affiliated with AsianConnections ('Seller'). All matters concerning
the merchandise and services desired from Seller, including but
not limited to purchase terms, payment terms, warranties, guarantees,
maintenance and delivery, are solely between you and Seller. AsianConnections
makes no warranties or representations whatsoever with regard to
any goods or services provided by Sellers. You will not consider
AsianConnections nor will AsianConnections be construed as a party
to such transactions, whether or not AsianConnections may have received
some form of revenue or other remuneration in connection with the
transaction or be liable for any costs or damages arising out of,
either directly or indirectly, you or any other person involved
or related to the transaction.
AsianConnections
may include special routing icons which may be located within AC,
the activation of which will allow you to access and learn more
about AsianConnections and other services provided by AsianConnections,
its affiliates, or other persons, whereby the use of such icons
is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE
SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS
AND POLICIES RELATING TO THE USE OF THESE SERVICES.
AsianConnections
and/or third parties may, from time to time, send e-mail messages
to you containing advertisements, promotions, etc. AsianConnections
makes no representation or warranty with respect to the content
of any such e-mail messages or any goods or services which may be
obtained from such third parties, and you agree that neither
AsianConnections nor such third party shall have any liability
with respect thereto.
Rule
No. 7. You Agree that AsianConnections Can't Promise to Meet All
Your Needs or Requirements
YOU
EXPRESSLY AGREE THAT USE OF AC IS AT YOUR SOLE RISK. AC IS PROVIDED
ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. AsianConnections EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
AsianConnections
MAKES NO WARRANTY THAT AC WILL MEET YOUR REQUIREMENTS, OR THAT AC
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AsianConnections
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF AC. AsianConnections WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT
FROM THE UNAVAILABILITY OR MALFUNCTION OF AC.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF AC IS AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA.
YOU
UNDERSTAND AND AGREE THAT AsianConnections DOES NOT GUARANTEE THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION
WITH AC. AsianConnections IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE
INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AsianConnections
NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN AC, ARE
ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL
SERVICES OR ADVICE. AsianConnections ENCOURAGES YOU TO SEEK APPROPRIATE
PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU
MAY HAVE.
AsianConnections
SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED
TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION
OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA.YOUR
PARTICIPATION IN AC IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AsianConnections
OR THROUGH AC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AsianConnections
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH AC OR ANY TRANSACTIONS ENTERED INTO THROUGH AC.
AsianConnections
IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE
WEB PAGES THAT IS CONTAINED OUTSIDE AsianConnections's SITE. As
a convenience to our members, we may provide links to resources
which are beyond our control. We make no representations as
to the quality, suitability, functionality or legality of any sites
to which we may provide links, and you hereby waive any claim you
might have against AsianConnections with respect to such sites.
BY
PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, AsianConnections
MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACURACY
OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH
ADVERTISEMENT. AsianConnections specifically disclaims liability
for direct, consequential or incidental damages arising from such
advertisements. By posting a personal or classified advertisement
on AC, you are promising that the content of your advertisement
is true and that you will indemnify AsianConnections against any
claims which may arise from your advertisements. By responding to
a classified or personal advertisement on AC, you waive any
claims against AsianConnections for damages arising from such advertisement
or your reliance upon statements in such advertisement.
YOU
ACKNOWLEDGE THAT MEMBERS WILL BE POSTING PERSONAL INFORMATION ON
AC AND HEREBY DISCLAIM ANY RESPONSIBILITY FOR THE USE OR MISUSE
OF SUCH INFORMATION BY A MEMBER THAT VIOLATED A LAW OR THE PERSONAL
PRIVACY OF YOU OR ANY OTHER SUBSCRIBER.
Rule
No. 8. You Agree E-Mail Message Storage Can't Be Forever and Might
Not Always Work
AsianConnections
assumes no responsibility for the deletion of or failure to store
e-mail messages.
Rule
No. 9 . We Agree to Do Our Best as Long As You Agree To a Limitation
of Liability
AsianConnections
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE AC OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH AC OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF AsianConnections HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Rule
No. 10. You Agree Change is the Spice of Life
AsianConnections
may modify or discontinue AC with or without notice to you and without
liability to you or any third party.
Rule
No. 11. You Agree to Be Responsible for Your Own Actions
You
agree to indemnify and hold each of AsianConnections, their parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of AC, the
violation of these Terms of Use and Service by you, or the
infringement by you, or any other subscriber of your account, of
any intellectual property or other right of any person or entity.
Rule
No. 12. You Agree We Can Take Action If You Don't Play By the Rules
AsianConnections
reserves the right, at its sole discretion, upon any breach by you
of these Terms of Use and Service, to immediately, and without notice:
(i) suspend or terminate these Terms of Use and Service; (ii) suspend
or terminate your registration with or ability to access AC and/or
any other service provided to you by AsianConnections.
In
the event that AsianConnections determines, at its sole discretion,
that you have breached any portion of these Terms of Use and Service,
or have otherwise demonstrated conduct inappropriate for the community
of AC, AsianConnections reserves the right to (i) warn you via e-mail
that you have violated these Terms of Use and Service; (ii) delete
any content provided by you or your agent(s) to AC, (iii) delete
all content provided by you to AC, (iv) discontinue your registration
with AC and/or any other AsianConnections community; (v) notify
and/or send content to and/or fully cooperate with the proper law
enforcement authorities for further action; and/or (vi) any other
action which AsianConnections deems to be appropriate.
Rule
No. 13. We Both Agree There Are Other Rules and Laws Out There Too
These
Terms of Use and Service shall be governed by and construed in accordance
with the laws of the State of California, without giving effect
to its conflict of laws provisions.
Rule
No. 14. We Both Agree and Acknowledge Other Miscellaneous Stuff
In
the event that any provision of the Terms of Use and Service conflicts
with the law under which the Terms of Use and Service are to be
construed or if any such provisions are held invalid by a court
with jurisdiction over the parties to the Terms of Use and Service,
such provision will be deemed to be restated to reflect as nearly
as possible the original intentions of the parties in accordance
with applicable law, and the remainder of these Terms of Use and
Service will remain in full force and effect.
The
failure of either party to insist upon or enforce strict performance
by the other party of any provision of the Terms of Use and Service
or to exercise any right under the Terms of Use and Service will
not be construed as a waiver or relinquishment to any extent of
such party's right to assert or rely upon any such provision or
right in that or any other instance, rather, the same will be and
remain in full force and effect.
AsianConnections
may assign its rights and obligations under these Terms of Use and
Service and upon such assignment AsianConnections may be relieved
of any further obligation hereunder.
You
represent to AsianConnections that you have the authority to register
with AC according to these Terms of Use and Service.
These
Terms of Use and Service and any Additional Terms (as such terms
shall be identified when posted on AC by AsianConnections) constitute
the entire understanding between the parties as to subject matter
hereof, and supersede all prior agreements and understandings. Any
legally unenforceable provision of these Terms of Use and Service
will, at the election of AsianConnections, be deleted or modified
to correct the defect and, regardless, the remainder of the terms
of these Terms of Use and Service will remain valid and enforceable.
AsianConnections
reserves the right to charge fees, surcharges and/or membership
fees at any time upon thirty (30) days prior written notice to you.
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