隱私協議 PRIVACY POLICY [ 更新日期：05/29/2023 ]

Introduction

 

Welcome to WenxueCity.com. Your privacy is critically important to us. This Privacy Policy outlines the types of personal information we collect, how we use it, and under what circumstances we may disclose it to third parties.

 

Information Collection

 

When you visit WenxueCity.com. We automatically collect certain information about your device, including your IP address, web browser, and some of the cookies that are installed on your device. Additionally, if you choose to contact us or sign up for our services, we may collect your email address and any other information you voluntarily provide.

 

Use of Information

 

The information we collect is used to provide and improve our services, to communicate with you, and to enhance your experience on our website. We may use your email address to send you service updates, newsletters, or promotional materials that you can opt out of at any time.

 

Information Sharing and Disclosure

 

WenxueCity.com does not sell, trade, or rent your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.

 

We will disclose your personal information only under the following circumstances:

 

  • With Your Consent: We will share personal information with companies, organizations, or individuals outside of
    wenxuecity.com when we have your consent to do so.

  • For Legal Reasons: We will share personal information with companies, organizations, or individuals outside of
    wenxuecity if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process, or enforceable governmental request.

 

Data Security

 

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

 

User Rights and Choices

 

You have the right to access, correct, or delete your personal information. If you want to exercise these rights, please contact us at support@wenxuecity.com

 

Changes to This Privacy Policy

 

WenxueCity has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.

 

1.        AGREEMENT

 

Welcome to WenXueCity!  Please read the following terms and conditions carefully before clicking the checkbox next to “You acknowledge that You have read and agreed to the Terms of Use and Privacy Policy” or “您好已閱讀並同意文學城的服務協議和隱私條款.”  By clicking “You acknowledge that you have read and agreed to the Terms of Use and Privacy Policy” or “您已閱讀並同意文學城的服務協議和隱私條款,” You agree to be bound to these Terms of Use (the “Agreement”), constituting a legally binding agreement by and between GateChina, Incorporated (“WenXueCity”) and you (in either case, “You” or “Your”) concerning Your use of WenXueCity’s website (the “Website”) and the services available through the Website (the “Services”).  The WenXueCity software that allows you to access and use the Website and/or Services on a mobile device is an integral part of the Services.  You acknowledge that your access or use of the Website or Services by means of any modified device contrary to guidelines or rules specified by the device’s manufacturer is expressly prohibited.  You also acknowledge that your access of use of the Website or Service by any automated computer program or process that submits at least one request to the servers hosting the Website to provide a copy of the entire Website, or any significant portion of the Website that You do not intend to use solely for a one-time, personal use, is expressly prohibited.  WenXueCity does not warrant that the Website and/or Services will be compatible with your mobile device. Your use of the Website and/or Services may be subject to the terms of any existing or foregoing agreements between You and Your mobile device manufacturer and/or your third-party carrier.

We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference.  By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and WenXueCity’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement.  IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES AND YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

 

2.        PRIVACY POLICY

 

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. WenXueCity encourages users of the Website to frequently check WenXueCity’s Privacy Policy for changes.

 

3.        CHANGES TO AGREEMENT AND PRIVACY POLICY

 

Internet technology and the applicable laws, rules, and regulations change frequently.  ACCORDINGLY, WENXUECITY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless WenXueCity obtains Your express consent, any revised Privacy Policy will apply only to information collected by WenXueCity after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.  

 

4.        ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.  Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company.  This Agreement is void where prohibited.  

 

5.        LICENSE; NO COPYING WENXUECITY CONTENT;

 

(a)        Limited License

 

Subject to Your compliance with the terms and conditions of this Agreement, WenXueCity grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services.  For clarification purposes, this single license is for You to view and download a single copy of the select content you manually access, solely for lawful, non-commercial, and personal use by You and only as expressly permitted by and subject to the conditions and restrictions in this Agreement.  You agree that cached copies in mobile or desktop devices, or computer servers, are "copies" of WenXueCity’s Website under the United States Copyright Act, 17 U.S.C. §§ 101 et seq.

 

(b)        Unlicensed Misconduct: No Copying WenXueCity Content

 

The license granted in the subsection above is conditioned on Your compliance with each and all of the terms and conditions of this Agreement.  Your rights under the above subsection will immediately terminate in the event that You breach, actually or potentially in the sole judgment of WenXueCity, any provision of this Agreement.   All rights not expressly granted herein are reserved by WenXueCity.  

The Website, or any portion of the Website, including WenXueCity Content may not be reproduced, duplicated, copied, displayed, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the express written consent of WenXueCity.  If you access the Website or reproduce, duplicate, copy, display, modify, sell, resell, distribute, transmit, or otherwise exploit the Website, or any portion thereof, or other WenXueCity intellectual property, including without limitation WenXueCity’s registered trademarks or any WenXueCity Content, your access and other conduct is expressly unauthorized and subjects your limited license to immediate and final termination.  

 

YOU MAY NOT USE SCRAPING BOTS TO ACCESS THIS WEBSITE OR COPY ANY OF ITS CONTENTS.  

 

Without limitation, this Agreement grants You no rights in or to the intellectual property of WenXueCity or any other party, except as expressly set forth herein.  For additional information, please see Section 17 regarding “Prohibited Uses” and see Section 24 regarding “Termination.”

 

(c)        YOU ARE ON NOTICE: NO UNFAIR COMPETITION WITH WENXUECITY

 

You hereby promise and agree not ever to reproduce any WenXueCity Content that You access through the Website and/or Services in order to unfairly compete or obtain unfair advantage vis-a-vis WenXueCity in any commercial activity which may be comparable to the commercial activity of WenXueCity, including without limitation, the commercial operation of a mobile application.  You hereby agree that this noncompetition provision, including its duration, scope and geographic extent, is fair and reasonably necessary to protect WenXueCity’s business relationships, goodwill, confidential information and other protectable interests.  You also hereby agree that you have complete legal and actual notice that any commercial use of WenXueCity Content that is not expressly authorized in a written licensing agreement violates WenXueCity’s rights.

 

(d)        LIQUIDATED DAMAGES FOR UNFAIR COMPETITION VIOLATION

 

In the event that You violate any exclusive right belonging to WenXueCity pursuant to this section, including without limitation by reproducing the WenXueCity Content to obtain a commercial advantage over WenXueCity, by engaging in any act or acts other than any act that a Court of Competent Jurisdiction subsequently finds to constitute a violation other than the WenXueCity’s legal rights under 17 U.S.C. §§201 et seq., or the legal equivalent thereof, you agree to fully and immediately compensate WenXueCity for liquidated damages in the amount of $5,000 per instance of breach, in addition to court costs, litigation costs and related costs, expenses, attorney’s fees, collection costs, and enforcement costs of any and all judgments against You, and all costs, fees, and expenses arising from WenXueCity’s investigation and/or resolution of the matter.  If You fail to compensate WenXueCity for any such claim, you hereby agree and authorize WenXueCity to report Your Personal Information, including without limitation Your unpaid claim, to consumer credit reporting services, collection agencies, and others.  

 

6.        NO RELIANCE ON THIRD-PARTY CONTENT

 

The information on the Website is provided for entertainment purposes only.  Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WenXueCity does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Website and Services. Under no circumstances will WenXueCity be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party.

 

7.        ASSUMPTION OF RISK; RELEASE

 

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY WENXUECITY AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “WENXUECITY PARTIES”)  FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.    

 

8.        USER INFORMATION; PASSWORD PROTECTION

 

(a)        User Information

 

To access the Website and use the Services, You may be asked to provide certain registration details or other information.  You represent and warrant that all user information You provide in connection with Your use of the Website and Services will be current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.  

 

If WenXueCity believes in its sole discretion that the information You provide is not current, complete, or accurate, WenXueCity has the right to refuse You access to the Website and Services and/or to terminate or suspend your access at any time.  You represent and warrant that You will not create a fake profile.  You represent and warrant that You will not upload a profile image that is not Your likeness.  For additional information, see Section 8 concerning “User Ability to Access, Update, and Correct Personal Information” in WenXueCity’s Privacy Policy.

 

(b)        Password; Your Duty to Protect Access Credentials

 

You may also be asked to provide a user name and password in connection with Your use of certain of the Services.

 

YOU MAY NOT USE YOUR USERNAME OR PASSWORD TO ACCESS THE WEBSITE OR SERVICES BY VISITING, NAVIGATING TO, OR VIEWING ANY WENXUE CITY CONTENT THROUGH ANY WEB ADDRESS OTHER THAN <HTTP://WWW.WENXUECITY.COM>, OR BY VISITING, NAVIGATING TO, OR VIEWING ANY UNAUTHORIZED COPY OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THROUGH ANY UNAUTHORIZED THIRD PARTY’S UNAUTHORIZED COPY OF WENXUECITY MOBILE APPLICATIONS.

 

You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify WenXueCity immediately of any unauthorized use of Your account, user name, or password.  WenXueCity shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by WenXueCity, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.

 

9.        YOUR INTERACTIONS WITH OTHER MEMBERS

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER WENXUECITY USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT WENXUECITY HAS NOT, AND DOES NOT, IN ANY WAY GUARANTEE THAT IT WILL: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. WENXUECITY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL WENXUECITY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.

 

10.        CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM WENXUECITY

 

Without limitation, by providing your contact name, email, mailing address, or zip code and/or phone number to the Website, you hereby consent to receive electronic communications, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications from WenXueCity regarding the Services, new product offers, promotions, and other matters.  You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to INFO at WenXueCity dot com.

 

11.        RESERVED RIGHTS FOR WENXUECITY FEES

 

You acknowledge and agree that WenXueCity reserves the right to charge for access to the Website and use of the Services.  WENXUECITY RESERVES THE RIGHT, IN WENXUECITY’S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU.   ALL FEES AND CHARGES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS, AND THERE ARE NO CREDITS FOR PARTIALLY USED MEMBERSHIP PERIODS.  WenXueCity’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of regularly recurring fees from You, shall not affect WenXueCity’s subsequent ability to exercise such right or require such performance at any time thereafter.  Nor shall WenXueCity’s waiver of Your breach constitute WenXueCity’s waiver of any subsequent breach.  By opting for membership or paid services, You authorize WenXueCity, and/or its payment processor, to charge these fees to the credit card, debit card, or other payment method You provide, in addition to applicable sales taxes and other taxes.  

 

12.        THIRD-PARTY WEBSITES

 

The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with WenXueCity and some of whom may not.  WenXueCity does not have control over the content and performance of Third-Party Websites.  WenXueCity has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, WenXueCity does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. WenXueCity disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.WenXueCity may share information that it collects from you, such as your email address (in hashed form), IP address or information about your browser or operating system, with its identity partners/service providers, including LiveRamp Inc. LiveRamp returns an online identification code that may be stored in WenXueCity's first-party cookie for its use in online, in-app, and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please visit https://optout.liveramp.com/opt_out.

 

13.        USER CONTENT

 

“User Content” is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that You submit, upload, and/or post to, or transmit, display, perform, or distribute by means of, the Website, whether in connection with Your use of Services or otherwise.  BY SUBMITTING, UPLOADING, OR POSTING USER CONTENT IN AN FORM WITH, THROUGH, OR TO THE WEBSITE, YOU THEREBY GRANT AND ASSIGN THE WENXUECITY PARTIES, (AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT AND ASSIGN) PERPETUALLY, IRREVOABLY, AND UNLIMITEDLY, ALL RIGHT, TITLE, AND INTEREST TO THE FULL, WORLDWIDE COPYRIGHT TO, AND ALL OTHER RIGHTS TO, THE USER CONTENT TO THE WENXUECITY PARTIES, INCLUDING  A ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, IRREVOCABLE, UNLIMITED, FULLY PAID, FULLY SUB-LICENSABLE (THROUGH MULTIPLE TIERS), WORLDWIDE, EXCLUSIVE RIGHT TO COPY, PERFORM, DISPLAY, DISTRIBUTE, REPRODUCE, MODIFY, ADAPT, TRANSLATE, REFORMAT, ENHANCE, TRANSMIT, PREPARE DERIVATIVE WORKS FROM (INCLUDING, WITHOUT LIMITATION, INCORPORATING INTO OTHER WORKS) AND/OR OTHERWISE USE IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES, OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, WHICH ALSO INCLUDES A GRANT TO THE WENXUECITY PARTIES OF THE EXCLUSIVE RIGHT TO ENFORCE COPYRIGHTS AGAINST ANYONE COPYING, REPUBLISHING, DISTRIBUTING OR PREPARING DERIVATIVE WORKS WITHOUT WENXUECITY’S CONSENT.  YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE WENXUECITY PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.  YOU EXPRESSLY GRANT AND ASSIGN THE WENXUECITY PARTIES ALL EXCLUSIVE RIGHTS AND CAUSES OF ACTION TO ENFORCE THE PROHIBITION UNDER THE U.S. COPYRIGHT ACT AGAINST UNAUTHORIZED THIRD PARTY ACT THAT COPIES, PERFORMS, DISPLAYS, DISTRIBUTES, REPRODUCES, MODIFIES, ADAPTS, TRANSLATES, REFORMATS, ENHANCES, TRANSMITS, OR PREPARES DERIVATIVE WORKS FROM ANY USER CONTENT THAT YOU SUBMIT, UPLOAD, OR POST WITH, THROUGH, OR TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SPIDERS, ROBOTS THAT COPY, AGGREGATE, HARVEST OR OTHERWISE COLLECT WENXUECITY CONTENT.

 

You hereby represent and warrant that You: (a) own all rights, title and interest in and to any and all User Content You submit, or are otherwise authorized to grant the rights provided the WenXueCity Parties under this section, (b) have written consent, release, and/or permission of each and every identifiable individual person in any User Content You submit to use the name and likeness of each and every such identifiable person in the User Content; and (c) will not submit any User Content that does not fully comply with WenXueCity’s prohibitions against “Objectionable Content,” as detailed in Section 16.

 

WenXueCity reserves the right, in its sole discretion, to reject any User Content for any reason. “Objectionable Content” listed in Section 17 and “Prohibited Uses” in Section 18 are not exhaustive lists of content that WenXueCity reserves the right to remove or deny.

 

14.        PUBLIC FORUMS

 

“Public Forum” is any area, site or feature offered as part of the Website (including without limitation blogs, bbs, article, picture, photo and video sharing, and personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute, and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same. WenXueCity disclaims any perceived, implied, or actual duty to monitor Public Forums and specifically disclaims any responsibility or liability for information provided thereon.

 

15.        YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

 

You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback, or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable.  Under the Federal Communications Decency Act of 1996, WenXueCity is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available on the Website.

 

16.        OBJECTIONABLE CONTENT

 

You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform, or distribute any content, information or materials that:  (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other WenXueCity agreement or policy, including without limitation WenXueCity’s Privacy Policy; (i) discloses another’s personal, confidential, or proprietary information; (j) is false or fraudulent; (k) contains images or videos of individuals captured or posted without their consent; (l) promotes self-destructive behavior (including without limitation eating disorders or suicide); or (m) is generally offensive, rude, mean-spirited, or in bad taste, as determined by WenXueCity in its sole discretion (collectively, “Objectionable  Content”). WenXueCity disclaims any perceived, implied, or actual duty to monitor the contents of the Website and specifically disclaims any responsibility or liability for information provided hereon. Without limiting any of its other remedies, WenXueCity reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. WenXueCity, in its sole discretion, may delete any Objectionable Content from its servers. WenXueCity intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

 

17.        PROHIBITED USES

 

WenXueCity imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not engage in any of the following uses, which are expressly prohibited under this Agreement: (a) use or attempt to use any spiders, robots, crawlers, avatars, fake profiles, scrapers, engines, software, tools, agents, or other device or technological mechanism to copy, aggregate, harvest or otherwise collect WenXueCity Content, including text, photos, videos, or any other original content published on WenXueCity in any expressive digital format or medium, from the Website, for any use, including without limitation display, distribution, performance, or derivative use on third-party websites or through third-party mobile applications, either directly or through intermediaries; (b) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the WenXueCity Parties in providing the Website or Services, including the official WenXueCity mobile application; (c) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (d) provide false, misleading or inaccurate information to WenXueCity or any other member; (e) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (f) while, using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (g) modify or change the placement and location of any advertisement appearing on the Website; (h) harvest or otherwise collect information about WenXueCity users, including email addresses and phone numbers; (i) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (k) interfere or attempt to interfere with the use of the Website or Services by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (l) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; or (m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services.  Any violation of this section may subject You to civil and/or criminal liability.

 

18.        WENXUECITY INTELLECTUAL PROPERTY; DAMAGES

 

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of WenXueCity.

 

(a)        WenXueCity Trademarks

“WENXUECITY” and the WenXueCity logo (collectively, the “WenXueCity Marks”) are trademarks or registered trademarks of GateChina, Inc..  Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the WenXueCity Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the WenXueCity Marks generated as a result of Your use of the Website and Services will inure to the benefit of GateChina, Inc., and You agree to assign, and hereby do assign, all such goodwill to GateChina, Inc.. You shall not at any time, nor shall You assist others to, challenge GateChina, Inc.’s right, title, or interest in or to, or the validity of, the WenXueCity Marks.  

 

(b)        WenXueCity Content

 

The information, material, and content submitted, uploaded, or posted to, without, or through WenXueCity (“WenXueCity Content”), including without limitation User Content, is protected and registered under the United States Copyright Act.  You hereby represent and warrant receiving and comprehending reasonable notice under 17 U.S.C. §401 that the Website and all WenXueCity Content is protected and registered under the United States Copyright Act © 1998 – 2013 by GateChina, Incorporated.  You also hereby represent and warrant that you will not copy, aggregate, harvest or otherwise collect WenXueCity Content, including text, photos, videos, or any other original content published on WenXueCity in any expressive digital format or medium, from the Website, for any use that violates the United States Copyright Act, including without limitation display, distribution, performance, or derivative use on third-party websites or through third-party mobile applications, either directly or through intermediaries.

 

19.        THIRD PARTY INTELLECTUAL PROPERTY

 

(a)        Compliance with Law

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of all parties, including third-parties not expressly party to this Agreement. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT TO THE WEBSITE.  YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. COMPANY BEARS THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.

 

(b)        Copyrighted Materials; Copyright Notice

 

All content and other materials available through the Website and Services, including without limitation the WenXueCity logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by GateChina, Inc. or are the property of GateChina, Inc.’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials.  

 

(c)         DMCA Policy

 

As WenXueCity asks others to respect WenXueCity’s intellectual property rights, WenXueCity respects the intellectual property rights of others.  If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify WenXueCity by means of emailed notice (“Infringement Notice”), providing the information described herein.  If WenXueCity takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to WenXueCity.  Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

 

All Infringement Notices should include the following:

  1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
  2. An identification of the copyright claimed to have been infringed;
  3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit WenXueCity to find and positively identify that material;
  4. Your name, address, telephone number and email address; and
  5. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to DMCA at WenXueCity dot com with the subject line “DMCA Notice – [INSERT YOUR NAME OR YOUR COMPANY’S NAME]”.

 

WenXueCity will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.

 

20.        DISCLAIMERS; LIMITATION OF LIABILITY

 

(a)        NO WARRANTIES.  

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WENXUECITY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  NEITHER WENXUECITY NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  THE LIABILITY OF WENXUECITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WenXueCity SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF WENXUECITY, WENXUECITY PARTIES, OR WENXUECITY USERS, OR THEIR AGENTS OR REPRESENTATIVES.

 

 (b)         YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD WENXUECITY OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.  

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

 

(c)        LIMITATION OF LIABILITY

 

THE LIABILITY OF WENXUECITY AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL WENXUECITY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO WENXUECITY OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  ADDITIONALLY, THE MAXIMUM LIABILITY OF WENXUECITY AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WENXUECITY AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

(d)        APPLICATION

 

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND WENXUECITY OR BETWEEN YOU AND ANY OF WENXUECITY’S LICENSORS AND SUPPLIERS.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  WENXUECITY’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

 

21.        YOUR REPRESENTATIONS AND WARRANTIES

 

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other WenXueCity policies, and with any applicable laws or regulations.

 

22.        INDEMNITY BY YOU

 

Without limiting any indemnification provision of this Agreement, You (the “Indemnitor”) agree to defend, indemnify and hold harmless WenXueCity and the WenXueCity Parties (collectively, the “Indeminitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to WenXueCity, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and WenXueCity, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Website or Services; (iv) Your provision to WenXueCity or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

 

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indeminitees.  You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

 

23.        GOVERNING LAW; JURISDICTION AND VENUE

 

(a)        1-Year Limitations Period

 

ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.

 

(b)        Restrictions Against Joinder of Claims

 

You and WenXueCity agree that any arbitration shall be limited to each Claim individually.  YOU AND WENXUECITY HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR WENXUECITY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  

 

(c)        Laws of the State of California

 

This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.  THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO FREMONT, CALIFORNIA.  THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

 

24.        TERMINATION

 

(a)        BY WENXUECITY

 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WENXUECITY RESERVES THE RIGHT TO, IN WENXUECITY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.  

 

(b)        AUTOMATIC TERMINATION UPON BREACH BY YOU

 

This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by WenXueCity.

 

(c)        BY YOU

 

You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to WenXueCity notice of Your intention to do so, in the manner required by this Agreement.

 

(d)        EFFECT OF TERMINATION

 

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, WenXueCity may, but has no obligation to, in WenXueCity’s sole discretion, rescind any services and/or delete from WenXueCity’s systems all Your Personal Information and any other files or information that You made available to WenXueCity or that otherwise relate to Your use of the Website or Services.  Upon termination, You shall cease any use of the Website and Services.  Subsequent to termination, WenXueCity reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.          

 

 

 

 

(e)        LEGAL ACTION

If WenXueCity, in WenXueCity’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, WenXueCity will be entitled to recover from You as part of such legal action, and You agree to pay, WenXueCity’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The WenXueCity Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

 

(f)        SURVIVAL

 

Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4, 5(b), 6-9, and 11-27 will survive any termination of this Agreement.  

 

25.        NOTICES

 

All notices required or permitted to be given under this Agreement must be in writing. WenXueCity shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to WenXueCity. You agree that any notice received from WenXueCity electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH WENXUECITY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY WENXUECITY OF AN EMAIL TO THAT ADDRESS. You shall give any notice to WenXueCity by means of email to INFO at WenXueCity dot com.

 

26.        PARTIAL INVALIDITY

 

Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.  

 

27.        GENERAL

 

This Agreement constitutes the entire agreement between WenXueCity and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of WenXueCity or by the unilateral amendment of this Agreement by WenXueCity and by the posting by WenXueCity of such amended version.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of WenXueCity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and WenXueCity are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the WenXueCity Parties and the Indemnified Parties as and to the extent set forth in Sections 7, 13, 20(a), 22, and  24(e), and in this paragraph, and WenXueCity’s licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to WenXueCity and WenXueCity’s licensors and suppliers, and would therefore entitle WenXueCity or WenXueCity’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

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Contacting Us

 

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

 

WenxueCity.com
support@wenxuecity.com

 

This document was last updated on 08/28/2022