IDVAS - Terms of Service
 
The Changyin Network Terms of Service

Effective Date: As of November 13, 2009

1. Acceptance of Terms of Service
Changyin Network Co., Ltd. and its subsidiaries and affiliates (collectively, "IDVAS") operate a network of websites and services (the "Changyin Network"). These Terms of Service set forth the terms and conditions that apply to your use of the Changyin Network. From time to time, IDVAS may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Changyin Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE CHANGYIN NETWORK, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH IDVAS. If you do not agree to be bound by these Terms of Service, please discontinue your use of the Changyin Network. The Changyin Network is provided free of charge to you (unless otherwise indicated). Although portions of the Changyin Network may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from IDVAS you need to sign on as a guest or register as a member of the Changyin Network. Registering as a member will allow you to access certain services that are not available to guests.Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Changyin Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

2. Registration Information/Privacy Policy
When you register for the Changyin Network, you will be required to provide IDVAS with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the Changyin Network with additional information, including your mailing address, household income, education, marital status and employment status. Any information provided by you or gathered by IDVAS or third parties during any visit to the Changyin Network shall be subject to the terms of IDVAS's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read IDVAS's Privacy Policy. IDVAS reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences. IDVAS reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal IDVAS website, if IDVAS learns that you have provided IDVAS with false or misleading registration information.

3. Termination
IDVAS reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the Changyin Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by IDVAS, including any personal web site, upon any breach by you of these Terms of Service or otherwise.

4. Modifications of these Terms of Service
IDVAS may modify these Terms of Service from time to time in its sole discretion. Each time you use the Changyin Network, you will be deemed to have accepted any such changes. IDVAS shall have no obligation to notify you of any such changes other then posting such modifications on the Changyin Network, but IDVAS reserves the right (at IDVAS's discretion) to provide you notice of such changes to any e-mail address you have provided to IDVAS, or post office address you have provided to IDVAS.

5. Modifications of the Changyin Network
IDVAS may modify or discontinue the Changyin Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

6. Use of the Changyin Network

A. Content of Messages

You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Changyin Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Changyin Network that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. IDVAS assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Changyin Network. IDVAS further assumes no responsibility for the deletion of or failure to store e-mail messages.

You further agree that you will not use the Changyin Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the Changyin Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by IDVAS in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Changyin Network. Changyin reserves the right to delete any such material from the Changyin Network. IDVAS will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of IDVAS. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use the Changyin Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) content on the Changyin Network is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Changyin Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that IDVAS may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of the Changyin Network, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant IDVAS a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Changyin Network retains any and all Rights that may exist in such content.

IDVAS is not obligated to review content posted by users prior to the content's posting to any area of the Changyin Network, including any private profile. Content posted by any user to the Changyin Network does not reflect the opinions or views of IDVAS, its parent, subsidiaries or affiliates. IDVAS makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other IDVAS members through any IDVAS service.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE CHANGYIN NETWORK, YOU HEREBY EXPRESSLY PERMIT IDVAS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY IDVAS'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED

B. Non Commercial Use

The Changyin Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the Changyin Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by IDVAS in writing. Illegal and/or unauthorized use of the Changyin Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Changyin Network is prohibited. In furtherance thereof, you agree that you will not use the Changyin Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

Any such use shall be deemed to be a violation of these Terms of Service

C. IDVAS Social Networking

The IDVAS Social Networking service allows members to create unique personal profiles, communicate and share materials with other IDVAS members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.

You may never use another's account without permission. If you become aware of any misuse of the Changyin Network by any person, please contact IDVAS by clicking the "Flag" link located throughout the Changyin Network.

7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the Changyin Network. IDVAS reserves the right but shall have no obligation to monitor disputes between you and any other member of the Changyin Network.

8. Third Party Services
You may order services or merchandise through the Changyin Network from other persons not affiliated with IDVAS ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. IDVAS makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider IDVAS nor will IDVAS be construed as a party to such transactions, whether or not IDVAS may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

IDVAS may include special routing icons which may be located within the Changyin Network, the activation of which will allow you to access and learn more about IDVAS and other services provided by IDVAS whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

9. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify IDVAS of any unauthorized use of your registration or password.

10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE CHANGYIN NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE CHANGYIN NETWORK, IS AT YOUR SOLE RISK. THE CHANGYIN NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDVAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IDVAS MAKES NO WARRANTY THAT THE CHANGYIN NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE CHANGYIN NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IDVAS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CHANGYIN NETWORK. IDVAS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE CHANGYIN NETWORK.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHANGYIN NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT IDVAS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE CHANGYIN NETWORK. IDVAS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER IDVAS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE CHANGYIN NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IDVAS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

IDVAS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE CHANGYIN NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE CHANGYIN NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDVAS OR THROUGH THE CHANGYIN NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IDVAS MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE CHANGYIN NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CHANGYIN NETWORK.

IDVAS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE CHANGYIN NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH IDVAS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST IDVAS WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, IDVAS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. IDVAS SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE CHANGYIN NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY IDVAS AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE CHANGYIN NETWORK, YOU WAIVE ANY CLAIMS AGAINST IDVAS FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.


11. Limitation of Liability
IDVAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE CHANGYIN NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE CHANGYIN NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF IDVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Promotional Messages
IDVAS and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. IDVAS makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither IDVAS nor such third party shall have any liability with respect thereto.

13. Indemnification
You agree to indemnify and hold each of IDVAS, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Changyin Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Beijing, China, without giving effect to its conflicts of laws provisions. By registering for or entering the Changyin Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Beijing, China.

15. Remedies for Breach of these Terms by You
In the event that IDVAS determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Changyin Network, IDVAS reserves the right to (i) delete any or all content provided by you or your agent(s) to The Changyin Network; (ii) discontinue your registration(s) with the Changyin Network and/or any other IDVAS community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Changyin Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which IDVAS deems to be appropriate.

If your registration(s) with or ability to access the Changyin Network, any other IDVAS community and/or any other service, product, content, course, event, tool or digital product provided to you by IDVAS is discontinued by IDVAS due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Changyin Network, then you agree that you shall not attempt to re-register with or access the Changyin Network, any other IDVAS community and/or any other digital product, course content or service provided by IDVAS, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, IDVAS reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.

16. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

IDVAS may assign its rights and obligations under these Terms of Service and upon such assignment IDVAS may be relieved of any further obligation hereunder.

You represent to IDVAS that you have the authority to register with or visit the Changyin Network according to these Terms of Service. IDVAS does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the Changyin Network and does not permit anyone under the age of 13 to become a member of the IDVAS Site.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of IDVAS, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

IDVAS reserves the right to terminate free access to the Changyin Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. IDVAS reserves the right (at IDVAS's discretion) to provide you with notice of such change by prominently posting a notice on the Changyin Network and/or sending written notice to you at any e-mail and/or post office address you have provided to IDVAS. Once free access is terminated IDVAS may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Changyin Network and/or any for-pay content, services, digital products, products, events, tools or products.