TERMS OF SERVICE
Effective as of January 1, 2022
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You”) AND NewChineseArts.COM. (also referred to herein as “We” or “Company”). BEFORE ACCESSING OR USING ANY PART OF http://www.NewChineseArts.com/ (the “Company WebSite” or “WebSite”), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (the “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “COMPANY WEBSITE”). COMPANY IS WILLING TO ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND YOU SHOULD IMMEDIATELY LEAVE THE WEBSITE.
This TOS may be amended at any time by newchinesearts.com. without specific notice to You. The latest TOS will be posted on the WebSite, and You should review this TOS prior to each use of the WebSite.
LICENSE GRANT. The Company WebSite is provided by Company, and this TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Company WebSite and any certain programs, services, tools, materials, or information made available through or from the Company WebSite conditioned on Your continued compliance with the terms and conditions of this TOS. This TOS permits You to use and access for personal or business purposes as approved by Company only the Company WebSite on a single laptop, workstation, or computer and from the Internet or through an on-line network. You may also load information from the Company WebSite into Your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the Company WebSite solely for Your personal or business use as approved by Company, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If You are using the Company WebSite on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Company regarding access and usage privileges for the Company WebSite. Nevertheless, Your personal use of the Company WebSite will be subject to the obligations and restrictions regarding use of the Company WebSite as set forth in this TOS.
RESTRICTIONS. The license described herein is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Company WebSite in any manner not expressly permitted by this TOS. In addition, You may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Company WebSite. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Company WebSite or in any way reproduce or circumvent the structure or presentation of the Company WebSite to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Company WebSite.
Links. Company may from time-to-time, directly or indirectly, provide links to or accept links from Web sites of other parties for convenience. If You use any of these links, You may leave the Company WebSite. We do not control or maintain the material presented by other Web sites and other companies. The inclusion of any link on the Company WebSite does not imply any association or relationship between Company and the person or entity associated with the linked site and does not constitute or imply any endorsement, approval or sponsorship of the linked site by Company, or the endorsement, approval or sponsorship of Company by the owner and/or operator of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. Company does not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in or on linked sites.
No Warranty. The information presented on the Company WebSite is provided “as is” without representation or warranty of any kind as to suitability, reliability, applicability, merchantability, fitness, noninfringement, result, outcome or any other matter. Company does not represent or warrant that information is or will be always up-to-date, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
All WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NO ADVICE OR INFORMATION, IF ANY, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TOS.
You agree that Company is not liable to You or others, in any way or for any damages of any kind or under any theory, arising from Company WebSite, or Your access to or use of or reliance on the information in or through Company WebSite or any linked sites, including but not limited to liability or damages under contract or tort theories or any damages caused by viruses contained within electronic files of Company WebSite or any linked site, regardless of prior notice to Company.
Indemnification. You agree to indemnify, defend and hold Company and its respective directors, officers, shareholders, employees, agents, attorneys, advertisers, subsidiaries and assigns (collectively, ” Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to Your use of the WebSite or violation of the TOS.
Intellectual Property. Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, software, and written and other materials that are part of Company WebSite are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled, licensed, or are able to be used by Company. The copying, redistribution, use or publication by You of any such matters or any part of the WebSite, except as expressly provided for herein, is strictly prohibited.
No part of these materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from Company.
General terms. The language in the TOS shall be interpreted as to its fair meaning and not strictly for or against You or Company. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to all matters relating to this TOS or Your use of the Web Site, and consent to extra-territorial service of process in connection therewith. Should any part of the TOS be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Except as otherwise expressly provided for herein, to the extent that anything in or associated with the WebSite is in conflict or inconsistent with the TOS, this TOS shall prevail. Company’s failure to enforce any provision of the TOS shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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