myDanwei Terms of Use

Welcome to myDanwei! Before you register for your myDanwei account, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy, including any future amendments (collectively, the "Agreement").

In the event of any inconsistency between the myDanwei Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. Although we may attempt to notify you via your myDanwei address when major changes are made, you should visit this page periodically to review the terms. myDanwei may, in its sole discretion, modify or revise these terms and conditions and policies at any time, without prior notice, by posting amended terms on this website, and you agree to be bound by such modifications or revisions. Your continued use of the Service indicates your acceptance of the amended Agreement.
  1. Description of Service. myDanwei is an online service on people and organization information searching and data mining (the "Service"). The Service can provide users with easy and accurate information about a person or an organization, such as salary, education background, past employments, key employees, etc. You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the myDanwei Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. myDanwei disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. myDanwei also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

  2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. myDanwei reserves the right to refuse service to anyone at any time without notice for any reason.

  3. Use of Service. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify myDanwei of any unauthorized use of your password or account or any other breach of security. myDanwei cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

  4. International Use. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  5. Information Provided on this Website. You understand that by posting materials on the myDanwei website or otherwise providing materials to myDanwei, you are granting to myDanwei, Inc. a royalty-free, perpetual, irrevocable license to use this information in the course of offering the service. Furthermore, you understand that myDanwei retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that myDanwei will not be liable for any errors or omissions in any content.

    MyDanwei also extracts and summarizes information from the Web. This information may be inaccurate and we may make mistakes when extracting the information. MyDanwei assumes no responsibility regarding the accuracy of the information that is provided by myDanwei and use of such information is your own risk. By furnishing information, myDanwei does not grant any licenses to any copyrights, patents or any other intellectual property rights.

    Any information or material you send or submit to myDanwei, and any information or materials myDanwei extracts and summarizes from the web, will be deemed NOT to be confidential.

    Information on the Service may be changed or updated without notice. MyDanwei may also make improvements and/or changes in the products and/or the programs available on the Service at any time without notice. myDanwei reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. MyDanwei shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

  6. Access to Service. Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the myDanwei website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

  7. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to myDanwei to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

  8. Privacy. The Service of myDanwei contains information and materials that are either submitted by users, or extracted and summarized from publicly available sources. Please be aware that myDanwei is not responsible for such information and materials.

    As a condition to using the Service, you agree to the terms of the myDanwei Privacy Policy as it may be updated from time to time. MyDanwei understands that privacy is important to you. You do, however, agree that myDanwei may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the myDanwei Privacy Policy. Personal information collected by myDanwei may be stored and processed in the United States or any other country in which myDanwei Inc. or its agents maintain facilities. By using myDanwei, you consent to any such transfer of information outside of your country.

  9. Advertisements. As consideration for using the Service, you agree and understand that myDanwei will display ads and other information adjacent to and related to the content of the page you visit. myDanwei serves relevant ads using a completely automated process that enables myDanwei to effectively target dynamically changing content. No human will read the content of your visited pages in order to target such advertisements or other information without your consent, and no personally identifiable information will be provided to advertisers as part of the Service.

  10. Publicity. myDanwei, the myDanwei logo, and other myDanwei logos and names are trademarks of myDanwei, Inc. You agree not to display or use these trademarks in any manner without myDanwei's prior, written permission.

  11. Termination; Cancellation. You agree that myDanwei may, with or without cause, immediately terminate your account and access to the Service without prior notice. Without limiting the foregoing, the following will lead to a termination by myDanwei of a user's use of the Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your myDanwei account includes removal of access to all offerings within the Service and may also bar you from further use of the Service. Furthermore, you agree that all terminations shall be made in myDanwei's sole discretion and that myDanwei shall not be liable to you nor any third-party for any termination of your account or access to the Service.

  12. Indemnification. You agree to hold harmless and indemnify myDanwei, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, myDanwei will provide you with written notice of such claim, suit or action.

  13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYDANWEI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYDANWEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  14. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts.

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