Term of Use

Octomber 1, 2015


Term of Use are rules which one must agree to abide by in order to use a service. Unless in violation of consumer protection laws, such terms are usually legally binding.

This website is an electronic publication of and a service provided by 微开心(wekaixin.com), Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following terms ("Terms of Use").


1. Application and Acceptance of the Terms


  1. Your use of the Sites and 微开心(wekaixin.com) services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, theListing Policy and any other rules and policies of the Sites that 微开心(wekaixin.com) may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms.
  2. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with 微开心(wekaixin.com), or (b) you are not permitted to receive any Services under the laws of the United States or other countries / regions including the country / region in which you are resident or from which you use the Services.
  3. You acknowledge and agree that 微开心(wekaixin.com) may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.

2. Provision of Service


  1. You must register as a member on the Sites in order to access and use some Services. Further, 微开心(wekaixin.com) reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to registered users or subject to other conditions that 微开心(wekaixin.com) may impose in our discretion.
  2. Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. 微开心(wekaixin.com) may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
  3. 微开心(wekaixin.com) may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.

3. No Endorsement of Third Parties


  1. 微开心(wekaixin.com) does not endorse or make any representation or warranty whatsoever (whether express or implied), and shall not be responsible or liable under any circumstances whatsoever, in respect of:
    1. any third party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein; and/or
    2. any product, service, information, data or other content offered or provided by third parties in or through this website.
    Such third party websites and such third party products, services, information, data or other content (whether provided or offered therein or in or through this website) are the sole responsibility of independent third parties, and as against 微开心(wekaixin.com), the Visitor's use thereof or reliance thereon is solely at the Visitor's own risk. A Visitor's rights and remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the Visitor and the relevant third party.
  2. Without prejudice to the generality of paragraph 3(a) above
    1. a description or reference to a product or service in this website (including any description or reference via hyperlink) does not imply endorsement by any member of the 微开心(wekaixin.com) of that product or service;
    2. the 微开心(wekaixin.com) does not make any representation or warranty as to the quality, accuracy, reliability or suitability of any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website); and
    3. the 微开心(wekaixin.com) shall not be liable or responsible for any defects, deficiencies, errors, omissions or inaccuracies in any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website).

4. Intellectual Property Rights


Unless otherwise expressly stated

  1. all titles, rights and interests (including without limitation copyright) in respect of the 微开心(wekaixin.com) Content belongs to 微开心(wekaixin.com), and nothing herein confers on the Visitor any title, right or interest in respect thereof; and
  2. all titles, rights and interests (including without limitation copyright) in respect of Third Party Content belong to the respective Third Party Licensor, and nothing herein confers on the Visitor any title, right or interest in respect thereof.

5. Responsibility of Contributors


If you publish a service or product, operate a forum blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. your listings and contents are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your listing title or name is not the name of a person other than yourself or company other than your own.

6. DISCLAIMER OF WARRANTIES


THE WEBSITE IS PROVIDED “AS IS”. 微开心(WEKAIXIN.COM) HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, 微开心(WEKAIXIN.COM), ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES (IF ANY) INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE AND/OR THE OVERALL CONTENT, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO, AND THE VISITOR ASSUMES THE ENTIRE RISK AS TO

  1. ANYTHING CONTAINED IN, THE PERFORMANCE OF, OR THE RESULTS THAT MAY BE OBTAINED BY USING, THIS WEBSITE OR ANY OF THE OVERALL CONTENT;
  2. THE CONSEQUENCES OF DOWNLOADING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
  3. THE QUALITY, ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE WHATSOEVER OF, THIS WEBSITE OR ANY OF THE OVERALL CONTENT; AND/OR
  4. THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON OR ENTITY MENTIONED IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.

7. LIMITATION OF LIABILITY


IN NO EVENT SHALL 微开心(WEKAIXIN.COM), ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE OR ANY OF THE OVERALL CONTENT BE LIABLE FOR:

  1. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SECONDARY, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF THE OVERALL CONTENT (SUCH AS BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR DELAY, OR LOSS OF ANTICIPATED REVENUE, PROFITS OR BENEFITS, OR ANY ECONOMIC OR FINANCIAL LOSS), WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THEY WERE AWARE OF, WERE ADVISED OF, OR OUGHT TO HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES;
  2. ANY CONSEQUENCES OF DOWNLOADING OR USING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
  3. ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
  4. ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THE TRANSMISSION OR RECEPTION OF ANY DATA OR INFORMATION THROUGH THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
  5. ANY DEFECT, DEFICIENCY, BREAKDOWN OR FAILURE OF ANY SOFTWARE OR ANY EQUIPMENT OR SYSTEM (WHETHER OR NOT MAINTAINED OR OPERATED BY 微开心(wekaixin.com) OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
  6. ANY LOSS, CORRUPTION, DELETION OR DAMAGE OF OR TO ANY DATA OR INFORMATION (WHETHER BELONGING TO, PROVIDED BY OR STORED BY THE VISITOR OR OTHERWISE) WHICH IS TRANSMITTED TO OR STORED IN ANY SYSTEM OR EQUIPMENT (WHETHER OR NOT MAINTAINED OR OPERATED BY 微开心(wekaixin.com), THE VISITOR OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
  7. ANY BREACH, FAILURE OF PERFORMANCE OR DELAY CAUSED BY A FORCE MAJEURE EVENT; AND/OR
  8. ANY DEFECTS, DEFICIENCIES, ERRORS, OMISSIONS OR INACCURACIES IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.

8. Force Majeure


Under no circumstances shall 微开心(wekaixin.com) be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.


9. Indemnification


You agree to indemnify and hold harmless to 微开心(wekaixin.com), its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.


10. General Representation and Warranty


You represent and warrant that (i) your use of the Website will be in strict accordance with 微开心(wekaixin.com) Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.


11. Copy Right


The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.


12. Deleting and Modification


We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.


13. Submissions


All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.


14. Use of the Services


  1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to 微开心(wekaixin.com) will always be accurate, correct and up to date.
  2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
  3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by 微开心(wekaixin.com), unless you have been specifically allowed to do so in a separate agreement with 微开心(wekaixin.com). You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the Privacy Policy.
  4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  5. Unless you have been specifically permitted to do so in a separate agreement with 微开心(wekaixin.com), you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
  6. You agree that you are solely responsible for (and that 微开心(wekaixin.com) has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which 微开心(wekaixin.com) may suffer) of any such breach.
  7. By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to 微开心(wekaixin.com) or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to 微开心(wekaixin.com) to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to 微开心(wekaixin.com) that you have all the rights, power and authority necessary to grant the above license.

15. Your passwords and account security


  1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
  2. Accordingly, you agree that you will be solely responsible to 微开心(wekaixin.com) for all activities that occur under your account.
  3. If you become aware of any unauthorized use of your password or of your account, you agree to notify 微开心(wekaixin.com) immediately.

16. Entire Agreement


These Terms of Use, together with any other Specific Terms relating to Specific Services (if applicable), constitute the entire agreement between the parties with respect to the subject matter hereof and thereof, and supersede any and all prior written and/or oral representations, understandings, agreements or communications between the parties regarding the subject matter hereof and thereof.


17. Governing Law & Jurisdiction


These Terms of Use shall be construed in accordance with and governed by the laws of the Texas of the United States of America. The Visitor hereby submits to the non-exclusive jurisdiction of the courts of the Texas of the United States of America and/or such other courts of competent jurisdiction as 微开心(wekaixin.com) may in its absolute discretion deem fit.





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