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    Terms of Service

    Capturing Chinese Web Site Agreement

    IMPORTANT! THESE TERMS OF SERVICE (TOS) AND TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE. 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 MAY NOT ACCESS OR USE THE SITE. CAPTURING CHINESE MAY MODIFY THIS AGREEMENT 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. 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 is CapturingChinese.com, 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 CapturingChinese 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 any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to CapturingChinese by all means and in any media now known or hereafter developed. You also grant to CapturingChinese 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 CapturingChinese for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CapturingChinese.

    2. Use of the Site

    Limitation of Liability IN NO EVENT WILL CAPTURINGCHINESE 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 CAPTURINGCHINESE 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. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CAPTURINGCHINESE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CapturingChinese 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-CapturingChinese web site, please understand that it is independent from CapturingChinese, and that CapturingChinese has no control over the content on that web site. In addition, a link to a CapturingChinese web site does not mean that CapturingChinese endorses or accepts any responsibility for the content, or the use, of such web site. We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues your site may have. However, it is you responsibility to ensure that you always have a backup of your sites files, databases and other information before making any changes.

    3. Indemnification

    You agree to indemnify, defend and hold harmless CapturingChinese and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

    4. Refunds

    Due to the nature of the products we sell, refunds will not be issued to consumers based on satisfaction of the features. We have tried to provide enough documentation and working demonstration of the products. If you feel that a demonstration does not answer your question or provide you with the information that you need, please don’t hesitate to contact us.

    5. Grants of Licenses

    CapturingChinese Content License. When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") CapturingChinese Content from CapturingChinese.com, CapturingChinese grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such CapturingChinese Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the CapturingChinese Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the CapturingChinese Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the CapturingChinese Content or attempt to do so; or (B) modify the CapturingChinese Content or create any derivative works therefrom. This license to the CapturingChinese Content you Purchase will continue for as long as your copy of CapturingChinese Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

    6.  Delivery of CapturingChinese Content

    All CapturingChinese Content will be delivered by encrypted link to the email provided during checkout.We encourage you to download CapturingChinese Content promptly after purchase as the encrypted link will expire 24 hours after purchase. If you are unable to complete a download after purchase, please contact CapturingChinese by the contact form on CapturingChinese.com. You bear all risk of loss for completing the download of CapturingChinese Content after purchase, once we have made such content available to you, and for any loss of CapturingChinese Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash.  Accordingly, we encourage you to make back-up copies of purchased CapturingChinese Content.

    7.  Intellectual Property

    A. Removal of CapturingChinese Content or other Materials Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any CapturingChinese Content or other materials comprising a part of CapturingChinese that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such CapturingChinese Content or materials under this Agreement. B. Copyrights All copyrights in CapturingChinese materials including but not limited to the CapturingChinese Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), CapturingChinese Content, or any parts of or content within the CapturingChinese Site, and CapturingChinese Content, are owned by Capturing Chinese Publications LLC and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND CAPTURINGCHINESE SOFTWARE ON OR IN CONNECTION WITH THE CAPTURINGCHINESE SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE CAPTURINGCHINESE SITE OR ANY OF THE PAGES OF THE CAPTURINGCHINESE SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE CAPTURINGCHINESE SERVICE MATERIALS. REPRODUCTION OR USE OF THE CAPTURINGCHINESE SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. C. Digital Millennium Copyright Act We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement. D. Trademarks CapturingChinese, CapturingChinese.com, and other CapturingChinese trademarks, service marks, graphics and logos used in connection with the CapturingChinese Service are trademarks or registered trademarks of Capturing Chinese Publications LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the CapturingChinese Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks and any unauthorized use is strictly prohibited.

    8. Electronic Signatures and Contracts

    Your use of CapturingChinese.com includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.

    9. Privacy Policy

    All details obtained during registration, ordering or other activity on our site are held with the strictest confidence. We will never sell or give your information to any external companies or sites.

    10. Security

    Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). CapturingChinese will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that CapturingChinese considers insecure, CapturingChinese will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CapturingChinese reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. CapturingChinese reserves the right to investigate suspected violations of these Terms of Use.

    11.  Governing Law

    This Agreement will be exclusively governed by the laws of the State of Texas without regard to its principles on the conflicts of laws.

    12.  Miscellaneous

    This Agreement constitutes the entire agreement between you and CapturingChinese, and supersedes any prior agreements between you and CapturingChinese, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and conditions that may be applicable to the CapturingChinese Service generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and (B) the Privacy Policy, Policy on CapturingChinese Content, Additional Terms, or Digital Millennium Copyright Notice, the terms and conditions of such statement, document, license or policy will control with respect to the subject matter thereof. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of CapturingChinese to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. CapturingChinese will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose.

    13. Terms of Service / Terms & Condition Changes

    Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions.