ANSHEX > Sign Up > AnsheX Terms of Service
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AnsheX Terms of Service
The following Terms of Service delineate the responsibilities & obligations of a user of the AnsheX website. Please also review the AnsheX Privacy Policy which explains our obligations and practices towards handling any of the personal information that you may provide to us.
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1.ACCEPTANCE OF TERMS
The web pages available at AnsheX.com and those directly associated ("the AnsheX site"), are owned and operated by Anshe Chung Studios ("ACS"), a Chinese corporation having it's principle place of business at Hong Guang Hotel, 23rd Floor, Wuhan, Hubei, PRC, and is accessed by you under the Terms of Service described below ("Terms of Service").
- PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. ACS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ACS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
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2.MODIFICATIONS OF TERMS OF SERVICE
ACS reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, ACS will notify you by posting an announcement on the AnsheX site. What constitutes a "material change" will be determined at ACS's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
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3.DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Service, ACS may offer to provide certain services and content, as described more fully on the AnsheX site, ("Services"). Services shall include, but not be limited to, any service and content ACS provides for you, as well as the offering of any materials displayed, transmitted or performed on the AnsheX site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). ACS may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. ACS may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
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4.ACCOUNT REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to establish an account with ACS to use AnsheX and select a screen name and password ("AnsheX User ID"). You shall provide ACS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your ACS account.? Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
- You may not:
- 1. select or use as a AnsheX User ID a name of another person with the intent to impersonate that person
- 2. use as a AnsheX User ID a name subject to any rights of a person other than you without appropriate authorization
- 3. use as a AnsheX User ID a name that is otherwise offensive, vulgar or obscene. AnsheX reserves the right to refuse registration of, or cancel a AnsheX User ID in its discretion. You shall be responsible for maintaining the confidentiality of your AnsheX password.
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5.USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by AnsheX.
By way of example, and not as a limitation, you agree not to use the Services:
- 1. to abuse, harass, threaten, impersonate or intimidate other AnsheX users;
- 2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- 3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- 4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any AnsheX user;
- 5. to create or submit unwanted email ("Spam") to any other AnsheX users or those of any URL;
- 6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
- 7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs re-purposing existing stories (source hops), or off-topic content;
- 8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the AnsheX site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the AnsheX site or any activities conducted on the AnsheX site; or (iii) bypass any measures we may use to prevent or restrict access to the AnsheX site;
- 9. with the intention of artificially inflating or altering any AnsheX rating system, including comments, blog count, or any other AnsheX service, including by way of creating separate user accounts for the purpose of artificially altering AnsheX's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of AnsheX's services;
- 10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- 11. attempt to impersonate another user or person;
- 12. sell or otherwise transfer your AnsheX profile.
- ACS may remove any Content and ACS accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please send an email to abuse@anshex.com.
- You are solely responsible for your interactions with other users of the AnsheX site. ACS reserves the right, but has no obligation, to monitor disputes between you and other users.
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6.CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the AnsheX site, you represent and warrant that you own all rights in the Content.
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7.COPYRIGHT COMPLAINTS
You retain copyright and other intellectual property rights with respect to Content you own and post in the AnsheX site, to the extent that you have such rights under applicable law.
- ACS respects the intellectual property of others. It is ACS's policy to respond expeditiously to claims of copyright and other intellectual property infringement. ACS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, ACS may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ACS will terminate access for subscribers and account holders who are repeat infringers.
- Notifying ACS of Copyright Infringement: To provide ACS notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification" care of abuse@anshex.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a relevant clearinghouse. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
- Providing ACS with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide ACS with a counter notification by written communication to the attention of "DMCA Counter Notification" at abuse@anshex.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.
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8.ACS PRIVACY POLICY
ACS's current privacy policy is available at http://anshex.com/privacy(the "Privacy Policy"), which is incorporated by this reference.
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9.INDEMNITY
You will indemnify and hold harmless ACS, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the AnsheX site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or ACS User ID, of any intellectual property or other right of any person or entity.
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10.WARRANTY DISCLAIMERS
You acknowledge that ACS has no control over, and no duty to take any action regarding: which users gain access to the AnsheX site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ACS from all liability for you having acquired or not acquired Content through the AnsheX site or the Services. The AnsheX site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ACS makes no representations concerning any content contained in or accessed through the AnsheX site or Services, and ACS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the AnsheX site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
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11. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ACS has no control over such sites and resources, you acknowledge and agree that ACS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ACS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
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12. LIMITATION OF LIABILITY
IN NO EVENT SHALL ACS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
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13. TRADEMARKS
AnsheX, ACS, and other ACS graphics, logos, designs, page headers, button icons, scripts, and service names are either registered trademarks, or trademarks, or trade dress of ACS in the U.S. and/or other countries. ACS's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
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14. VIRTUAL CURRENCIES
Virtual "currencies," fictional currencies, are available for purchase or free distribution at the discretion of the owners of a platform for limited license right(s) to use a feature of each platform's products when, as, and if allowed by that platform's creators and should not are not redeemable for any sum of real world money or any other monetary value from AnsheX or from the owners of those platforms.
- You acknowledge that the Service may permit or limit at the sole discretion of ACS the purchase or selling of virtual currencies for real world currencies. You also acknowledge that the Services may permit or limit, at the sole discretion of ACS, the conversion between some fictional currencies. The owners of each platform may charge fees for the right to use their currency, or may distribute them without charge, at their sole discretion.
- Regardless of terminology used, fictional currencies represent a limited license right governed solely under the terms of each platform's End User License Agreement ("EULA") and/or Terms of Service Agreement ("TOS") as specified for each platform, and are not redeemable for any sum of money or monetary value from the platforms' creators at any time and that the owners.? You agree that the creators and owners of each platform have the absolute right to manage, regulate, control, modify and/or eliminate such currencies as they might see fit in their sole discretion, and that they have no liability to you based on their exercise of such rights. Virtual currencies purchased or converted through AnsheX must not be used for any kind of wagering, betting or gambling.
- You agree that AnsheX will have no liability to you for any loss of virtual currency or any asset real or virtual as a result of the use of this site or any AnsheX associated services.
- You agree and acknowledge that ACS may deny any sell order or buy order individually or with respect to general volume or price limitations set by ACS for any reason. ACS may limit sellers or buyers to any group of users at any time. ACS may halt, suspend, discontinue, or reverse any Currency Exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service.
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15. CONTENT AND SERVICES PRICING
Some content or services of the AnsheX site are provided for a fee or other charge. These fees and charges are described on the AnsheX site, and in the event you choose to use paid aspects of the AnsheX site, you agree to the posted pricing and billing and payment policies on the AnsheX site.
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16.TERMINATION
ACS may terminate or suspend any and all Services and your ACS account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your ACS account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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17.MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind ACS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ACS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ACS's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sub-licensable by you except with ACS's prior written consent. ACS may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The Terms of Service shall be governed by and construed in accordance with the laws of Hubei, China, as if made within Hubei, China between two residents thereof, and the parties submit to the exclusive jurisdiction of the Hubei Province Supreme Court. Notwithstanding the foregoing sentence, (but without limiting ACS's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Wuhan, China using the Chinese language and pursuant to the rules of the arbitrator and applicable law. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
- If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using the AnsheX site and its Services.
- If you do so agree, you are welcome to use the AnsheX site and its Services.