Terms of Use:
GraspChinese:
Welcome to GraspChinese.com ("Site"), which is
owned and operated by GraspChinese. The following Terms of Use Agreement ("Agreement")
governs your access to and use of the Site. Please review the entire Agreement carefully.
The GraspChinese.com service and network (collectively, "GraspChinese" or "the Service")
are operated by GraspChinese and its corporate affiliates (collectively, "us", "we"
or "the Company"). By accessing or using our web site at www.GraspChinese.com, you
(the "User") signify that you have read, understand and agree to be bound by these
Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered
subscriber of GraspChinese.com.
1. General
We reserve the right, at our sole discretion, to change, modify, add,
or delete portions of these Terms of Use at any time without further notice. If
we do this, we will post the changes to these Terms of Use on this page and will
indicate at the top of this page the date these terms were last revised. Your continued
use of the Service or the Site after any such changes constitutes your acceptance
of the new Terms of Use. If you do not agree to abide by these or any future Terms
of Use, do not use or access (or continue to use or access) the Service or the Site.
It is your responsibility to regularly check the Site to determine if there have
been changes to these Terms of Use and to review such changes.
2. Privacy
Your use of the Site will be governed by the GraspChinese.com Privacy
Policy. By checking the box indicating you accept the terms of this Agreement, you
also indicate that you understand and consent to the information collection, use,
and disclosure practices described in our Privacy Policy.
3. Term.
This Agreement shall remain in full force and effect while you use GraspChinese.com
or are a Subscriber. GraspChinese.com may terminate your Subscription at any time,
without warning where the terms of service have been violated. Even after Subscription
is terminated, this Agreement will remain in effect. You may terminate your Subscription
at any time, for any reason, by contacting us by email at team@graspchinese.com.
4. Fees.
You acknowledge that GraspChinese.com reserves the right to charge for
the GraspChinese Services and to change its fees from time to time in its discretion.
At no time will you be charged without your prior knowledge and explicit consent.
5. Applicable Laws
You are required to comply with all applicable laws in connection
with your access to and use of the Site, and such further limitations as may be
set forth in any written or online notice from GraspChinese. As a condition of your
access to and use of the Site, you warrant that you will not use the Site for any
purpose that is unlawful or prohibited by the Agreement. Use of the Site is for
your personal and non-commercial use, and GraspChinese does not grant you any express
or implied rights to access or use the Site for any other purpose.
6. Registration
To become a GraspChinese.com subscriber, you need to register with
GraspChinese.com. When registering, you must fill in all mandatory fields with true,
accurate, current and complete information about yourself as prompted in the registration
form and maintain and promptly update this information to keep it true, accurate,
current and complete. GraspChinese has the right to suspend or terminate your account
and refuse any and all current or future use of its service if it suspects that
such information is untrue, inaccurate, not current or incomplete.
7. Security
You are responsible for maintaining the confidentiality of the password
and username you provided during the registration process, and you are fully responsible
for all activities that occur under your password or account. You agree to immediately
notify GraspChinese.com of any unauthorized use of your password or username or
any other breach of security.
8. Storage
You acknowledge that GraspChinese may establish general practices and
limits concerning use of GraspChinese.com, including without limitation the maximum
number of days that messages, lesson submissions, lesson progress, lesson data,
lesson submission comments, or other uploaded content will be retained by GraspChinese.com,
the maximum number of messages or other content that may be sent from or received
by an account on GraspChinese.com, the maximum size of any message or other content
that may be sent from or received by an account on the Service, the maximum disk
space that will be allocated on GraspChinese.com servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access GraspChinese.com
in a given period of time. You agree that GraspChinese has no responsibility or
liability for the deletion or failure to store any messages, lesson submissions,
lesson progress, lesson data, lesson submission comments, or other uploaded content
maintained or transmitted by GraspChinese.com. You acknowledge that GraspChinese
reserves the right to deactivate accounts that are inactive for an extended period
of time. You further acknowledge that GraspChinese reserves the right to modify
these general practices and limits from time to time.
9. Copyrights
All copyright rights in the text, images, photographs, graphics, user
interface, and other content provided on the Site, and the selection, coordination,
and arrangement of such content ("Content"), are owned by GraspChinese or its third-party
licensors to the full extent provided under all international copyright laws. Any
reproduction, copying, or redistribution of the Content for commercial purposes
is strictly prohibited.
10. Trade and Service Mark Rights
All rights in the product names, company names,
trade names, logos, and designs of all GraspChinese or third-party products or services,
whether or not appearing in large print or with the trademark symbol, belong exclusively
to GraspChinese or their respective owners and are protected from reproduction,
imitation, dilution, or confusing or misleading uses under national and international
trademark and copyright laws. The use or misuse of these trademarks or any materials,
except as permitted herein, is expressly prohibited, and nothing stated or implied
on the Site confers on you any license or right under any patent or trademark of
GraspChinese or any third party.
11. User Content and Communications
Other than personal information, which is covered
under the GraspChinese.com Privacy Policy, any information you transmit or post
to the Site shall be considered non-confidential and non-proprietary. GraspChinese
does not claim ownership of any information or material you transmit, distribute,
post, communicate or store on, to or through the Site. However, by submitting or
posting information on, to, or through the Site, you agree that GraspChinese shall
be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise
use such information and all data, images, sounds, text and other materials embodied
therein for any and all commercial or non-commercial purposes. No compensation will
be paid with respect to the use of this information.
You agree not to transmit,
distribute, post, communicate or store information or other material on, to or through
the Site that:
(a) is copyrighted, unless you are the copyright owner;
(b) infringes
on any other intellectual property rights of others or on the privacy or publicity
rights of others;
(c) reveals a trade secret, unless you own it;
(d) is obscene,
libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit,
or embarrassing to any other person or entity as determined by GraspChinese in its
sole discretion;
(e) is illegal or otherwise objectionable;
(f) constitutes advertisements
or solicitations of business, surveys, contests, chain letters or pyramid schemes;
or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming
routines or engines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
By using this site, you
understand and agree that GraspChinese may at any time monitor, review, use, or
disclose any content or communication posted or transmitted by, to, or from you
on the Site. You further understand and agree that GraspChinese may use or disclose
any information related to you (including content or communications posted or transmitted
on the Site) for any reason related to the operation of the Site, in order to investigate,
prevent, or take action regarding activities that may be prohibited or unlawful,
to exercise our legal rights under the Agreement, or otherwise to protect the rights
and property of GraspChinese or any third party.
12. Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
- harvest or collect email addresses or other contact information of other users
from the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use the Service or the
Site in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the Site;
- use automated scripts to collect information from or otherwise
interact with the Service or the Site;
- upload, post, transmit, share, store or
otherwise make available any content that we deem to be harmful, threatening, unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent,
invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
- upload, post, transmit, share, store or otherwise make available
any videos other than those of a personal nature that: (i) are of you or your friends,
(ii) are taken by you or your friends, or (iii) are original art or animation created
by you or your friends;
- register for more than one User account, register for
a User account on behalf of an individual other than yourself, or register for a
User account on behalf of any group or entity;
- impersonate any person or entity,
or falsely state or otherwise misrepresent yourself, your age or your affiliation
with any person or entity;
- upload, post, transmit, share or otherwise make available
any unsolicited or unauthorized advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers and credit card
numbers;
- solicit personal information from anyone under 18 or solicit passwords
or personally identifying information for commercial or unlawful purposes;
- upload,
post, transmit, share or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- intimidate or harass another;
- upload, post, transmit, share, store
or otherwise make available content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national or international
law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
- upload,
post, transmit, share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any other person
from using or enjoying the Site, or which may expose Company or its users to any
harm or liability of any type.
Violations of system or network security may result
in civil or criminal liability. In accordance with these Terms of Use, GraspChinese
will investigate and work with law enforcement authorities to prosecute users who
are involved in such violations.
13. Subscriber Disputes
You are solely responsible for your interactions with other
GraspChinese.com Subscribers. GraspChinese.com reserves the right, but has no obligation,
to monitor disputes between you and other Subscribers.
14. Third-Party Content and Links to Third-Party Web Sites
The Site may contain
third-party owned content and links to other websites ("Linked Sites"). GraspChinese
does not endorse, sponsor, recommend, or otherwise accept responsibility for any
Linked Sites. In addition, Linked Sites are not under the control of GraspChinese,
and GraspChinese is not responsible for the content or privacy practices of the
Linked Sites, including, without limitation, links contained on Linked Sites or
any changes or updates to Linked Sites. GraspChinese is providing third-party content
and Linked Sites to you only as a convenience, and the inclusion of such third-party
content and Linked Sites is not an endorsement by GraspChinese in favor of any third
party.
15. Notice of Copyright Infringement
If you believe that your work has been copied
and is accessible on the Site in a way that constitutes copyright infringement,
please provide GraspChinese's Copyright Agent with the following information:
(a)
identification of the copyrighted work claimed to have been infringed;
(b) identification
of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available,
so that GraspChinese may contact you if necessary;
(d) a statement that you have
a good faith belief that the use of the copyrighted work is not authorized by the
copyright owner, its agent, or the law;
(e) a statement that the information in
the notification is accurate and, under penalty of perjury, that the signatory is
authorized to act on behalf of the owner of an exclusive copyright right that is
allegedly infringed; and
(f) an electronic or physical signature of the copyright
owner or someone authorized on the owner's behalf to assert infringement of copyright
and to submit the statement.
GraspChinese's Copyright Agent for notice of claims
of copyright infringement on the Site can be reached at team@GraspChinese.com
GraspChinese
will remove any content that infringes upon the copyright of any person under the
laws of the applicable jurisdiction upon receipt of such a statement.
16. Acceptance of Terms
- Electronic Signature. This Agreement is an electronic
contract that governs your use of and access to the Site. By checking the box indicating
you accept these terms, you create an electronic signature that has the same legal
force and effect as a handwritten signature.
- Electronic Form. When you check
the box indicating your acceptance of the Agreement, you also consent to have the
Agreement provided to you in electronic form and agree to receive information about
your account electronically. GraspChinese reserves the right to send you information
about your account by postal mail.
- Non-electronic Copy. You have the right to
receive this Agreement in non-electronic form. You may request a non-electronic
copy of this Agreement either before or after you electronically sign it. To receive
a non-electronic copy of the Agreement, please send an e-mail to team@graspchinese.com
containing your postal address.
- Withdrawing Your Consent . You have the right
at any time to withdraw your consent to have the Agreement provided to you in electronic
form. Should you choose to withdraw your consent to have the Agreement provided
to you in electronic form, you will no longer be enrolled in the Site and you will
not be able to access password-protected areas of the Site. We only will issue you
a new username and password for the Site after we receive a signed copy of a non-electronic
version of the Agreement, which we will send to you upon request. To withdraw your
consent and/or request a non-electronic copy of the Agreement, please send an email
to team@graspchinese.com . Your withdrawal of consent will be effective within a
reasonable time after GraspChinese receives the notice described above, and it will
not affect any action taken in reliance on your consent or the continuing enforceability
of the Agreement.
- Access and Retention. In order to access and retain the Agreement,
you must have access to the World Wide Web, either directly or through devices that
access Web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device. Please print
a copy of the Agreement for your records. To retain an electronic copy of the Agreement,
you may save it into any word processing program. We will notify you of any changes
in the hardware or software requirements needed to access or retain the Agreement
that create a material risk that you will not be able to continue to access or retain
it.
17. Disclaimer of Warranties
The site is provided "as is." GraspChinese makes no
representation or warranty of any kind whatsoever relating to the site, linked sites,
or other content that may be accessible directly or indirectly through the site.
Graspchinese disclaims to the maximum extent permitted by law any and all such representations
and warranties. Without limiting the generality of the foregoing, GraspChinese disclaims
to the maximum extent permitted by law any and all
(a) warranties of merchantability
or fitness for a particular purpose,
(b) warranties against infringement of any
third-party intellectual property or proprietary rights,
(c) warranties relating
to the transmission or delivery of the site,
(d) warranties relating to the accuracy,
reliability, correctness, or completeness of data made available on the site or
otherwise by GraspChinese, and
(e) warranties otherwise relating to performance,
nonperformance, or other acts or omissions by GraspChinese or any third party. Further,
there is no warranty that the site will meet your needs or requirements or the needs
or requirements of any other person. Graspchinese makes no warranties or representations,
express or implied,
(a) that the information provided through the site will be free
from error, omission, interruption, defect, or delay in operation, or from technical
inaccuracies or typographical errors;
(b) that the site will be available at any
particular time or location;
(c) that defects or errors in the site will be corrected;
or
(d) that the content on the site is free of viruses or other harmful components.
Any information on this site is subject to change without notice, and GraspChinese
disclaims all responsibility for these changes. Any and all pricing, delivery, or
contract information is subject to final confirmation by GraspChinese. Your reliance
on such information provided solely through the site is at your own risk.
18. Limitation of liability
In no event will GraspChinese or its affiliates, or
any party involved in creating, producing, or delivering the site be liable for
any direct, incidental, consequential, indirect, special, or punitive damages arising
out of your access, use, misuse, or inability to use the site or any linked sites,
or in connection with any failure of performance, error, omission, interruption,
defect, delay in operation or transmission, computer virus, or line or system failure.
In the event that you have a dispute with another user related to, arising from,
or in any way connected with use of the site, you release GraspChinese from any
claims, demands, and damages of every kind and nature arising out of or in any way
connected with such a dispute. These limitations apply whether the alleged liability
is based on contract, tort, negligence, strict liability, or any other basis, even
if GraspChinese has been advised of the possibility of such damage. Because some
jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, GraspChinese's liability in such jurisdictions shall be limited to the
extent permitted by law.
19. Indemnification
You agree to indemnify and hold the Company, its subsidiaries
and affiliates, and each of their directors, officers, agents, contractors, partners
and employees, harmless from and against any loss, liability, claim, demand, damages,
costs and expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you post
or share on or through the Site (including without limitation through the Share
Service), your use of the Service or the Site, your conduct in connection with the
Service or the Site or with other users of the Service or the Site, or any violation
of this Agreement or of any law or the rights of any third party.
20. Choice of Law and Forum
The Agreement is subject to the laws of the Republic
of Ireland. If there is any dispute between us concerning the Agreement or your
access to or use of the Site, we both agree to submit the dispute to non-binding
mediation, followed by binding arbitration.
21. Termination
GraspChinese reserves the right, in its sole discretion, to terminate
your access to and use of the Site, with or without notice. Otherwise applicable
sections of the Agreement shall survive termination.
22. Nondisclosure
Recipient will not use any information about the GraspChinese
service for any purpose except to evaluate the service and provide feedback to GraspChinese.
Recipient will not disclose any information about the GraspChinese service including
but not limited to features, content, screen shots, subscribers to any third party.
This restriction will survive until the GraspChinese service becomes publicly known
and is made generally available through no action or inaction of the user
23. No Waiver
The failure of GraspChinese to enforce any provisions of the Agreement
or respond to a breach by you or other parties shall not in any way waive its right
to enforce subsequently any terms or conditions of the Agreement or to act with
respect to similar breaches.
24. Miscellaneous
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and GraspChinese as a result of the Agreement or
your access to and use of the Site. A printed version of the Agreement and of any
notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Agreement to the same extent and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. Unless otherwise specified herein, the Agreement
constitutes the entire agreement between you and GraspChinese and governs your use
of the Site. If any portion of the Agreement is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intention of the parties, and the remaining
portions shall remain in full force and effect. Copyright © 2011 GraspChinese. All
rights reserved.
Privacy Policy
Welcome to GraspChinese.com ("Site"), an online service designed
to provide language learning content. GraspChinese.com is owned and operated by
GraspChinese. GraspChinese is committed to safeguarding your privacy, and this privacy
policy explains our data collection, use, and disclosure practices. If you have
specific questions about these practices, please contact us by email at team@graspchinese.com.
1. Information Collected
When you register with GraspChinese.com, you provide us
with certain personal information, such as your name, your email address, and any
other personal or preference information that you enter. When you use GraspChinese.com,
you may set up your personal profile, form relationships, send messages, perform
searches and queries, enroll in events and courses, and transmit information through
various channels. We collect this information so that we can provide you the service
and offer personalized features. In most cases, we retain it so that, for instance,
you can return to view prior messages you have sent or easily see your friend list.
When you update information, we usually keep a backup copy of the prior version
for a reasonable period of time to enable reversion to the prior version of that
information. You can choose not to provide this information to us, but in general
some information about you is required in order for you to register and participate
in the features offered through the Site. We automatically collect some information
about your computer when you visit the Site. For example, we will collect your IP
address, Web browser software (such as Netscape Navigator or Internet Explorer),
and referring web site. We also may collect information about your activity on this
Site, such as the courses in which you enroll. One of our goals in collecting this
automatic information is to help improve your user experience. Finally, when you
visit the Site, we may assign your computer a "cookie" (a small, unique identifier
text file) to resubscriber who you are. For example, if you register on the Site,
we may record your username in a cookie for verification purposes. We also may include
other information in our cookie files; for example, if you arrived at our Site via
a link from third party site, we may include the URL of the linking page. Please
note that, at this time, the Site is not designed for children under 13 years old.
Accordingly, GraspChinese will not knowingly collect or maintain personal information
from children under 13 through the Site.
2. Use of Personal Information
We will use personal information about you for the
following general purposes: to provide you with the products and services you request;
to respond to your questions and comments; to communicate with you via regular mail
and email (or other electronic means) about our programs and services; to measure
interest in and improve our services and Site; to solicit information from you,
including through surveys; to resolve disputes, collect fees, or troubleshoot problems;
to prevent potentially illegal activities; to enforce our Terms of Use; and otherwise
as described to you at the point of collection. Please review "Your choices with
respect to the Collection and Use of Personal Information" below.
3. Disclosure of Personal Information
We display your profile information (minus
your email address and password) to people browsing for friends, and to support
other Site functions. We also may disclose your personal information to the following
entities:
(a) Third-party vendors who provide services or functions on our behalf,
including customer service, business analytics, marketing, and services to us in
connection with operating the Site. These companies have access to personal information
needed to perform their functions and are not permitted to share or use the information
for any other purpose.
(b) To business partners with whom we may jointly offer a
product or service offering. Please note that we do not control the privacy practices
of these third-party business partners;
(c) When advisable or necessary to conform
to legal and regulatory requirements;
(d) As necessary, in GraspChinese's sole discretion,
to protect the perceived rights, safety and property of GraspChinese, users of the
Site, and the public; and
(e) In connection with a change of control or operations,
including without limitation in any merger, acquisition, reorganization, restructuring
or any other transfer of GraspChinese's assets, or a transfer of the Site operations.
Please note that when you provide GraspChinese with personal information through
the Site, the information will be housed on servers located in the United States.
Other than as set out above, you will be notified when personal information about
you will be shared with third parties, and you will have an opportunity to choose
not to have us share such information. We also may share aggregate or anonymous
information with third parties, including advertisers and investors. For example,
we may tell our advertisers the number of visitors to the Site. This information
does not contain any personal information and is most often used to develop content
and services that we hope you find of interest.
4. A Special Word About Chat Rooms and Email
Please keep in mind that whenever you
voluntarily disclose personal information online, that information can be collected
and used by others. By posting personal information online that is publicly accessible,
you may receive unsolicited messages from other parties in return.
5. Access To Personal Information
You may obtain a copy of any personal information
about you that you provide through the Site or otherwise request that GraspChinese
update or make changes to such personal information by sending an email to team@graspchinese.com.
6. Your Choices With Respect To The Collection and Use of Personal Information
(a) As noted above, you can choose not to provide GraspChinese with personal information,
although it may be needed to register as a subscriber on the Site and to participate
in certain features offered through the Site.
(b) You can access or update your
personal information by sending an email to team@graspchinese.com.
(c) You may stop
the delivery of email communications by following the instructions accompanying
a particular communication or by contacting us at team@graspchinese.com.
(d) The
Help portion of the toolbar on most browsers will tell you how to prevent your browser
from accepting new cookies, how to have the browser notify you when you receive
a new cookie, or how to disable cookies altogether.
7. Security
While no web site can guarantee security, GraspChinese has implemented
appropriate administrative, technical, and physical security procedures to help
protect personal information. For example, only authorized employees are permitted
to access personal information, and they only may do so for permitted business functions.
8. Children Under 13
As noted above, the Site is not intended for use by children.
Should a child whom we know to be under 13 send personal information to us, we will
use that information only to respond directly to that child to inform him or her
that the Site is not intended for children under the age of 13 and we will delete
that information from our records. If you believe that we might have any information
from or about a child under 13, please contact us at team@graspchinese.com.
9. Third Party Websites
Web sites to which this Site links do not operate under
this Privacy Policy. We recommend that you examine the privacy statements posted
on those other web sites to understand their procedures for collecting, using, and
disclosing personal information.
10. Third Party Advertising
Advertisements that appear on GraspChinese.com are sometimes
delivered (or "served") directly to users by third party advertisers. They automatically
receive your IP address when this happens. These third party advertisers may also
download cookies to your computer, or use other technologies such as JavaScript
and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their
ads and to personalize advertising content. Doing this allows the advertising network
to recognize your computer each time they send you an advertisement in order to
measure the effectiveness of their ads and to personalize advertising content. In
this way, they may compile information about where individuals using your computer
or browser saw their advertisements and determine which advertisements are clicked.
GraspChinese.com does not have access to or control of the cookies that may be placed
by the third party advertisers. Third party advertisers have no access to your contact
information stored on GraspChinese.com unless you choose to share it with them.
This privacy policy covers the use of cookies by GraspChinese.com and does not cover
the use of cookies or other tracking technologies by any of its advertisers.
11. Changes To This Privacy Policy
GraspChinese may update this Privacy Policy in
the future to reflect changes in our privacy practices, our website functionality,
or applicable legislation, so please check back often. We will notify you about
material changes to this Privacy Policy by sending a notice to the e-mail address
you provided to us or by placing a prominent notice on the Site.
12. How You Can Contact Us
If you have questions about this privacy policy, please
e-mail us at team@graspchinese.com. You may request a copy or send a correction
of the personal information we hold about you by contacting the Privacy Officer
at team@graspchinese.com or
This Privacy Policy is effective as of Jan 1, 2011.