Terms and Conditions
1. Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
2. License to Use Website
Unless otherwise stated, MindSpan and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from this website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
3. Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without MindSpan's express written consent.
4. Restricted Access
Access to certain areas of this website is restricted. MindSpan reserves the right to restrict access to specified areas of this website, or indeed this entire website, at MindSpan's discretion.
If MindSpan provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
5. User Content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to MindSpan a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MindSpan the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or MindSpan or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
MindSpan reserves the right to edit or remove any material submitted to this website, or stored on MindSpan's servers, or hosted or published upon this website.
Notwithstanding MindSpan's rights under these terms and conditions in relation to user content, MindSpan does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
6. No Warranties
This website is provided "as is" without any representations or warranties, express or implied. MindSpan makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, MindSpan does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
7. Limitations of Liability
MindSpan will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if MindSpan has been expressly advised of the potential loss.
8. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit MindSpan's liability in respect of any:
- death or personal injury caused by [NAME'S] negligence;
- fraud or fraudulent misrepresentation on the part of MindSpan; or
- matter which it would be illegal or unlawful for MindSpan to exclude or limit, or to attempt or purport to exclude or limit, its liability.
9. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
10. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
11. Breaches of These Terms and Conditions
Without prejudice to MindSpan other rights under these terms and conditions, if you breach these terms and conditions in any way, MindSpan may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
12. Variation
MindSpan may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
13. Assignment
MindSpan may transfer, sub-contract or otherwise deal with MindSpan rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
14. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Entire Agreement
These terms and conditions constitute the entire agreement between you and MindSpan in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
16. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with China's law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Chinese body of jurisdiction.
17. Disclaimers:
All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk. and we will not be liable for any losses and damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.
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