Yidian Users’ Guide Supplement
Terms of Service
Effective May 01, 2006
The Yidian.org (
www.Yidian.org) Web Site (the "Site") is an online forum service. Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you my not access or use the Site. This Agreement may be modified at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the Site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
1. Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to people under the legal age or to individuals whose Yidian.org privileges have been temporarily or permanently revoked. If you are under the legal age, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. Further, your Yidian.org account and User ID may not be transferred or sold to another party.
2. Fees.
Yidian.org is 100% free for individuals to use. Joining and bidding on items on Yidian.org is always free. Posting messages is also free.
3. Description of Service.
The Site is a venue to allow individuals to communications in a variety of formats including messages and e-mails. The Site also provides discussion board-type forums as a means for users to exchange information.
4. Representation.
Yidian.org has no control over the truth, accuracy, quality, safety or legality of the messages posted. Further, we do not control the information provided by users which is made available through the Site. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to accept such risks and Yidian.org is not responsible for the acts or omissions of its users.
5. Content.
You acknowledge that Yidian.org does not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to refuse or move any content that is available via the service that violates any part of this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content that is available on any part of the service.
6. Release.
In the event you have a dispute with one or more users, you release Yidian.org (and our parent and its subsidiaries and joint ventures and all such persons, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. Revocation of Privileges.
Sections 4 through 6 notwithstanding, If you do not conduct yourself in a fair manner we may, without limiting other remedies, temporarily or permanently revoke your privileges and refuse to provide our services to you.
8. Privacy Policy.
Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy below. You understand that through your use of the service you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy.
9. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Yidian.org, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner, the material on the Site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Yidian.org a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to the Site by all means and in any media now known or hereafter developed. You also grant to Yidian.org the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Yidian.org for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Yidian.org.
10. Trademarks.
Products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Yidian.org. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
11. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Yidian.org, we do not operate, control or endorse any information, products or services on the Internet in any way. Except for Yidian.org-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Yidian.org. You also understand that Yidian.org cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Site and the Internet. Yidian.org provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and Yidian.org shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. Yidian.org does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Yidian.org has no control over and accepts no responsibility whatsoever for such materials.
12. Limitation of Liability.
In no event will Yidian.org be liable for (I) Any incidental, consequential or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information or transactions provided on the service, or downloaded from the service, or any delay of such information or service, even if Yidian.org or its authorized representatives have been advised of the possibility of such damages, or (II) Any claim attributable to errors, omissions or other inaccuracies in the service and/or materials or information downloaded through the service.
Yidian.org makes no representations whatsoever about any other Web Site which you may access through this one or which may link to this Site. When you access a non-Yidian.org site, please understand that it is independent from Yidian.org, and that we have no control over the content on that site. In addition, a link to Yidian.org from another site does not mean that Yidian.org endorses or accepts any responsibility for the content, or the use, of that site.
13. Indemnification.
You agree to indemnify, defend and hold harmless Yidian.org, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service.
14. Third Party Rights.
The provisions of sections 10 (Use of the Site), and 12 (Indemnification) are for the benefit of Yidian.org and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 8 (Copyright, Licenses and Idea Submissions), 10 (Use of the Site), 12 (Indemnification), 13 (Third Party Rights) and 15 (Miscellaneous) shall survive any termination of this Agreement.
16. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States applicable to agreements made and to be performed in The United States. You agree that any legal action or proceeding between Yidian.org and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in The United States. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Yidian.org's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Yidian.org may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
© 2006 Yidian.org, All rights reserved.
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Privacy
Welcome to Yidian.org (the "Site"). We understand that privacy online is important to users of our Site. This statement governs our privacy policies with respect to those users of the Site ("Visitors") who visit without transacting business and make use of the various services offered by Yidian.org (collectively, "Services").
"Personally Identifiable Information" refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors.
With whom may the information may be shared?
Personally Identifiable Information about Yidian.org Visitors will not be shared with any third parties.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by Yidian.org is securely stored and is not accessible to third parties.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors may opt out of receiving unsolicited information from or being contacted by us.
Are Cookies Used on the Site?
Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Visitors.
How does Yidian.org use login information?
Yidian.org uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user's movement and use, and gather broad demographic information.
Disclosure of Personally Identifiable Information to comply with law.
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors.
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at
admin@Yidian.org. We provide Visitors with a mechanism to delete/deactivate Personally Identifiable Information from the Site's database by contacting
admin@Yidian.org. However, because of backups and records of deletions, it may be impossible to delete a Visitor's entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
What happens if the Privacy Policy Changes?
We will let our Visitors know about changes to our privacy policy by posting such changes on the Site.
Links.
This web site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
Contacting the Privacy Manager via:
admin@Yidian.org
Any rights not expressly granted herein are reserved.
© 2006 Yidian.org, All rights reserved.
