1. Description of Services.
In the Site, ChinaSimplified.com provides users with access to order books, manuals and other informative materials (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
ChinaSimplified.com grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in ChinaSimplified.com’s sole discretion) an unreasonable or disproportionately large load on ChinaSimplified.com’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by ChinaSimplified.com to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by ChinaSimplified.com.
All tracking, rating, shipping, remitting payments by electronic fund transfer or EFT, receiving ChinaSimplified invoices, preparing and identifying international documents, estimation of taxes and duties, and other services and information may be used for only potential and current ChinaSimplified customers for their shipments. Usage of ChinaSimplified.com in providing any information to prepare shipments for any third party shippers benefit is expressly prohibited. Utilization of inquiry or automated dial-in devices for the purpose of obtaining information is strictly prohibited. ChinaSimplified.com never accepts concepts, techniques or ideas for new products or services through ChinaSimplified.com. If this kind of information is received, confidentiality will not be considered and ChinaSimplified will have free use to exploit as well as communicate this information in any way they choose.
3. Membership Eligibility.
The Site and Services are not available to minors under the age of 18 or to any users suspended or removed from the system by ChinaSimplified.com for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your ChinaSimplified.com account to another party. If you do not qualify, you may not use the ChinaSimplified.com Service or the Site.
4. Your Account.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ChinaSimplified.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ChinaSimplified.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify ChinaSimplified.com immediately of any unauthorized use of your account or any other breach of security. ChinaSimplified.com reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
5. Description of ChinaSimplified.com products, and services.
ChinaSimplified.com provides users with a virtual shop to purchase books, manuals and informative materials on China and Chinese culture.
6. Submitted Content.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to ChinaSimplified.com through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. ChinaSimplified.com, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, ChinaSimplified.com and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting ChinaSimplified.com a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
7. Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHINASIMPLIFIED.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. CHINASIMPLIFIED.COM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. CHINASIMPLIFIED.COM DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
ChinaSimplified.com attempts to be as accurate as possible with products descriptions and prices. However, ChinaSimplified.com does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from ChinaSimplified.com’s suppliers, ChinaSimplified.com shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. ChinaSimplified.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
8. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CS PUBLISHING LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A “CHINASIMPLIFIED.COM PARTY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHINASIMPLIFIED.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
You agree to indemnify, defend and hold the ChinaSimplified.com Parties harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, your use of the Site or Services, or your violation of any law or the rights of a third party.
10. Electronic Communication.
When you use the Site or send emails to ChinaSimplified.com, you are communicating with ChinaSimplified.com electronically. You consent to receive communications from ChinaSimplified.com electronically. ChinaSimplified.com will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to other World Wide Web sites or resources. Because ChinaSimplified.com has no control over such sites and resources, you acknowledge and agree that ChinaSimplified.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ChinaSimplified.com 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 content, goods or services available on or through any such site or resource.
12. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
14. Intellectual Property Rights.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of CS Publishing LLC and other parties where licensed to CS Publishing LLC by those parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of ChinaSimplified.com or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, (“Content”) is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of or under license by ChinaSimplified.com. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
15. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
16. Export Terms.
You assume every responsibility for compliance to all regulations and laws of the United states and all other countries that you may ChinaSimplified.com regarding export, access, import, re-export of all content that appears on or is available through ChinaSimplified.com.
You agree and acknowledge that you won’t import or export any content to countries which import and export is restricted by United States Law, that You aren’t a national of any of these countries, you aren’t on a Denied Party list of the United States, you aren’t a Specially Designated National on the list of the U.S. Department of Treasury, and any content won’t be used in development, production or design of chemical, biological or nuclear weapons.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time ChinaSimplified.com may offer special promotional offers which may or may not apply to your ChinaSimplified.com account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section.
This T&C and the relationship between you and ChinaSimplified.com will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and ChinaSimplified.com agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York, New York County with respect to any legal proceedings that may arise in connection with this T&C.
If you have any questions regarding your order, our policies, or anything else please don’t hesitate to contact us here.