LightBeijing is committed to providing you with an enjoyable and effective online learning platform, and we have established these Terms of Use to govern the use of our software, web sites, message boards, bulletin boards, chat rooms, email, technology,
content, and other services (collectively, the ‘Service‘). Please be advised that certain special features of the Service offered through LightBeijing may have separate registration procedures and separate terms and conditions, terms of service,
user agreement, or similar legal agreement. By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with this Terms of Use.
2. Reservation of Rights
2-1. By using the Service, you agree that this software and all images, audio, text, video, and other information are made available for your use pursuant to this term of use or other LightBeijing License Agreement and/or Service Agreement
that you agreed to when registering and/or subscribing with LightBeijing ('LightBeijing Agreements'). Your continued right to use the Service will be subject to and restricted by these Terms of Use and LightBeijing Agreements.
2-2. LightBeijing reserves the right to change, amend, modify, add or remove portions of these Terms of Service or LightBeijing’s services at any time without notice to you and without liability to you or any third party. All changes shall
be effective as the posting of change. You are bound by any revisions made to these Terms of Use and, therefore, you should periodically review these Terms of Use so that you will be kept apprised of any changes. Your use of the Service after
the posting of changes will be deemed as your acceptance of such changes.
2-3. You may not copy, transmit, or redistribute the Service, or any portion of the content or software (including photographs, learning activities, articles, or reference materials), or use the content or software separate from the Service;
nor may you allow other persons to access or use the Service unless specifically authorized by LightBeijing as part of the Service. Any rights not expressly granted in these Terms of Use or the LightBeijing Agreements are reserved by LightBeijing.
3. Fees and Payments
You can always find the current prices on the LightBeijing website, following links for ‘Products'. The prices listed do not include any VAT or other applicable taxes; you will be responsible for paying any such taxes. You agree that we may include
some or all of such taxes in your credit card charges. LightBeijing may change the subscription fees then in effect without notice. You may receive phone or internet charges on your telephone or internet bill, depending on your location, telephone
calling plan and internet fee, even during the trial period. You are responsible for all use of the Service accessed through your password. All prices related to the Service are subject to change by LightBeijing at any time, without notice and
without liability to you. LightBeijing does not provide price protection or refunds in the event of a price drop or a promotional offering.
4. Rules and Restrictions of Use
4-1. Age RequirementBy using the Service you acknowledge that you are an adult as defined by the laws of the country or territory from which you are accessing the Service.
4-2.Honesty Requirement You guarantee that all information (including without limited to registration information and financial information) you provide to LightBeijing is correct, complete, and current, you agree to update
such information as necessary.
You agree that any information provided by you to LightBeijing will not violate any law or regulation or infringe the rights of any third party. LightBeijing reserves the right to terminate your use if you have provided LightBeijing with false
registration information.
4-3. Account KeepYou are responsible for maintaining the secrecy of your service account number and/or password of and that you are responsible for all uses of your account. You agree to immediately notify LightBeijing (and
your employer if the Service is provided through it) of any unauthorized use of your account.
4-4. Message Board, Bulletin Board, Email, and Chat Room Conduct.I. The message boards, bulletin boards, email, chat rooms, or other message services ('Messaging Services') are provided to you and other users as an opportunity
to communicate, practice your learning, share ideas and photographs, discuss global business issues and success stories, or learn about other countries‘ culture and business practices. Please be courteous and respectful to your fellow users. You
agree not to use the Messaging Services for chain letters, junk mail, ‘spamming,‘ or solicitations (commercial or non-commercial). You also agree not to send any message or material that is unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
II. You should evaluate whether you want to use the Messaging Services before using them. By using the Messaging Services, you agree that LightBeijing shall not be responsible for any content in the Messaging Services. LightBeijing does not
prescreen or monitor the messaging content as a matter of policy. LightBeijing has the right, but not the responsibility, to remove any messaging content which it deems harmful, offensive, or otherwise in violation of the Terms of Use or any rules
we may have in place at the time. LightBeijing may choose to monitor some, all, or no areas of the Messaging Services for adherence to the Terms of Use or other rules that may be given to users.
III. You understand that all message board, bulletin board, and chat communications are public and not private communications. Users are responsible for the contents of their message board, bulletin board, and chat postings
and the consequences of any such message board, bulletin board or chat postings. LightBeijing reserves the right for any reason to remove without notice any message content, but we have no obligation to delete messaging content that you may find
objectionable or offensive.
IV. You agree to use Messaging Services only to send and receive messages and material that are proper. When using the applicable Messaging Services, you agree to stay on topic related to the particular message board, bulletin
board, or chat room. The following are examples of prohibited use of the Messaging Services; this is a guide and not a list of all prohibited uses. You agree that when using the Messaging Services, you will not:
(i) Defame, abuse, harass, stalk, threaten, or violate the rights of privacy and publicity of others;
(ii) Distribute or post any defamatory, infringing, obscene, indecent, or unlawful message or material. By posting any mes sage or materi al in the Messaging Services, you automatically grant, or warrant that the owner of such material has expressly
granted, to LightBeij ing a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, perform, and display such material worldwide;
(iii) Upload files or material that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
(iv) Upload files or materials that contain viruses, corrupted files, or any other similar software that may damage the opera tion of another‘s computer;
(v) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
(vi) Disrupt the flow of dialogue in any of the Messaging Services or otherwise act in a manner that negatively affects other participants;
(vii) Download any file that you know, or reasonably should know, cannot be legally distributed in such manner; or
(viii)Obtain or divulge any personal information of any user or participant.
V. You also agree that you waive any moral rights, privacy or personal rights, or similar legal rights in connection with the messages or material you post, distribute, or use in the Messaging Services; and you warranty that
the author of the messages or material that you post, distribute, or use on the Messaging Services, if not you, has explicitly agreed to waive his or her (their) moral rights, privacy or personal rights, or other legal rights for such message
or material.
5. Disclaimer of Warranty and Limited Liability
5-1. LightBeijing or third parties may, from time to time, send email messages to you containing ads, promotions, etc. LightBeijing makes no representations about either the content of those email messages or the goods or services offered
in those messages. You agree that LightBeijing shall not have any liability with respect to such content or messages.
5-2. LightBeijing's web site(s) ('Web Site') may contain links to web sites operated by other parties and such links are provided for your convenience only. LightBeijing does not control such web sites; you agree that LightBeijing is not
responsible for their availability or their content. LightBeijing‘s links to such web sites do not imply any endorsement of the material on such web sites or any association with their operators, goods, or services.
5-3. You understand and agree that the Service, including without limitation the Messaging Services, and any other services provided herein, such as the Personal Editor service, are provided ‘as is.‘ You agree that your use of the Service
is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of our Service, the Messaging Services, or from other parties‘ web sites accessed via the Service is at your own discretion and risk, and that
you will be responsible for any damage or loss of data to your computer system.
5-4. LightBeijing and its suppliers expressly disclaim all warranties of any kind, with respect to the Service, including without limitation the Web Site and Messaging Services, express or implied, including without limitation any warranty
of merchantability, fitness for a particular purpose, or non-infringement.
5-5. LightBeijing and its suppliers make no warranty or representation regarding the results that may be obtained from the use of the Service, regarding any goods or services purchased or obtained through the Service, or that the Service
will meet your requirements, be uninterrupted, timely, secure, or error free.
5-6. LightBeijing and its suppliers are not liable for any direct, indirect, incidental, special, or consequential damages of any kind resulting from the use of or the inability to use the Service, resulting from any goods or services purchased
or obtained or messages received or transactions entered into through the Service, resulting from loss of, unauthorized access to, or alteration of your transmissions or data or for the cost of procurement of substitute goods and services, including
but not limited to damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages. Neither LightBeijing nor its affiliates shall assume any responsibility and shall not be liable for
any damages to, or viruses that may damage your computer, equipment or other property on account of your access to, use of, downloading from, or browsing the Service.
5-7. LightBeijing makes no warranty that any computer or other device will be compatible with the service. You should ensure that your computer or other device will function correctly with the service.
5-8. In no event will LightBeijing be liable for any direct, indirect , consequential , exemplary, special, incidental or punitive damages, lost profits, however caused, arising from or relating to the service or the subject matter of any
of the foregoing, under any theory of liability, including but not limited to (1) damages arising from loss of data, loss of revenue, loss of use of the service and any downloads or any associated equipment, down time and user’s time, even if
LightBeijing or its affiliate have been advised of the possibility of such damages; (2) damages arising from your use of the service in violation of this Terms of Use, including the limitations on use.
5-9. Under no circumstances shall LightBeijing or its affiliates be liable for any unauthorized use of any Content, or any use of the service to develop, distribute, or use any material that is defamatory, slanderous, libelous or obscene,
that portrays any person falsely, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that violates or infringes any third party’s rights or that violates any foreign, federal, state or local laws
or regulations.
6. Intellectual Property
6-1. CopyrightThe works of authorship found on, within, or as part of the Service (collectively "Content") are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You cannot make unauthorized copies and use any of the Content except as specified herein and in accordance with applicable law. All title and copyright in and to the Content and Service (including but not limited to any derivative works or enhancements including images, illustrations, graphics, photographs, animation, video, audio, music, text, scripts, files, URLs, documentation and interactive features included with or available through the Service), are owned by LightBeijing or its licensors. You agree to comply with all applicable laws in connection with your use of the Service and the Content. In addition to the terms provided in this Terms of Service, LightBeijing may take appropriate measures to protect copyright.
6-2. TrademarksYou cannot use any of the trademarks found on or within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks without prior written permission of the owner. Any unauthorized use may violate trademark laws and civil or criminal statutes. The trademarks are trademarks of LightBeijing, its direct or indirect parents, and/or its affiliates, licensors, or third party owners. Nothing contained on the Service should be construed as granting any license or right of use to any trademark. The name and logo and other trademarks used on the Service are the trademarks of their respective owners.
7. Privacy Policy
7-1. Privacy. It is LightBeijing‘s policy to take reasonable measures to respect the privacy of its users‘ messaging content, and you also agree to comply with all applicable laws and regulations concerning rights of privacy.
7-2. LightBeijing collects certain personal information from our users (such as names, email addresses, addresses, etc.). We use this information to fill orders promptly, to provide customer service assistance, to improve the learning experience on the Service, and to improve the content of the Service to better meet our users‘ need. We may also want to share certain of such personal information with third parties if we think that they may benefit our users, including other businesses and companies that sell a variety of products and services. LightBeijing will never share your credit card or billing information with third parties.
7-3. Because LightBeijing respects the privacy of its users, we will not share your personal information with these other parties if you do not want us to. If you do not want us to share your personal information, simply send an email to TutorMing_CP@tutorming.com requesting that we do not share it with other parties. You may verify or change your personal information at any time by going to My Profile Page.requesting that we do not share it with other parties. You may verify or change your personal information at any time by going to My Profile Page.
7-4. In addition to personal information, LightBeijing may collect certain profile information from its users (such as profession, education, age, and gender) in order to improve our content, product offerings, and promotional and marketing efforts. LightBeijing may use such profile information to create aggregate reports about its users. The profile information and aggregate reports are anonymous and do not contain information that can identify you personally.
7-5. LightBeijing also collects anonymous information by using 'cookies.' Cookies are bits of electronic information which a web site can transfer to your hard drive to help tailor and keep records of your visit and activities at the site. Since cookies are only text files, they cannot run on your computer, be used to search your computer for other information, or transmit any information to anyone. Cookies allow web site operators to better tailor visits to the site to the visitor‘s individual preferences. The use of cookies is standard on the Internet and many major web sites use them. You can choose to set your browser to notify you whenever you are sent a cookie. This gives you the opportunity to decide whether or not to accept the cookie. LightBeijing uses cookies to help provide you with a better experience on our Web Site.
7-6. Notwithstanding the above, LightBeijing reserves the right to disclose any content, records, or electronic communication of any kind:
(1) to satisfy any legal request;
(2) if such disclosure is necessary or appropriate to enforce these Terms of Use, the License Agreement, or the Service Agreement; or
(3) to protect the rights of LightBeijing or its users or partners.
8. Liability of User
8-1. Any unauthorized use of the Service and any technology contained therein would result in irreparable injury to LightBeijing for which money damages would be inadequate. LightBeijing shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use.
Nothing contained in this Section or elsewhere in Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that LightBeijing may have under separate legal authority. You agree that your cancellation of your account is your sole right and remedy with respect to any dispute with LightBeijing.
8-2. You will defend, indemnify and hold harmless LightBeijing and our affiliates, suppliers, directors, and employees against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs (including, but not limited to, attorneys fees) and other expenses and/or costs (including reasonable attorneys' fees) arising from or relating to your use of the Service(including the Web Site or Messaging Services), or any breach by you of Terms of Service, your violation of Terms of Use, the LightBeijing Agreements, or your infringement or infringement by any other user of your account of any intellectual property or other right of any person or entity and you agree to reimburse LightBeijing on demand for any losses, costs or expenses they incur therefrom.
8-3. If LightBeijing receives a notice alleging that you have engaged in behavior that infringes any of LightBeijing or its affiliates or a third party's intellectual property rights or reasonably suspects the same, LightBeijing may suspend or terminate your access to the Service without notice to you. If LightBeijing takes action under this Section, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or any credits that you have on the Service.
9. Miscellaneous
9-1. The opinions expressed in LightBeijing learning activities are provided only to encourage discussion and language learning and are based on materials which are in the public domain. To the best of our knowledge, all information pertaining to real companies and individuals is accurate and not confidential at the time of publication. Certain of the documents, situations, or conversations in the learning activities are hypothetical or imaginary and are included for educational purposes only; they are not intended to reflect actual statements or documents by the referenced individuals or companies. Nothing herein is intended to constitute a sponsorship or endorsement of LightBeijing or the Service by the individuals or companies referenced in the learning activities.
9-2. Choice of Law and VenueThe Terms of Service and your use of the Service will be governed by the laws of the People’s Republic of China excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You agree that any claim or dispute with LightBeijing or any affiliate or arising out of or relating to these Terms of Service, the Service, or your use of any of the foregoing will be brought in an appropriate court located in Taiwan. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. The parties shall not raise in connection therewith, and hereby waive, trial by jury and/or any defense based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action or suit. To the extent permitted by law, the provisions of Terms of Use shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Service in any competent jurisdiction.
9.3 Entire Agreement and SeverabilityThese Terms of Service, Privacy Policy, Purchase Terms and payment authorization (including any amendments by LightBeijing thereto), together constitute the entire agreement between you and LightBeijing with respect to its subject matter and supersede all prior and/or contemporaneous agreements and understandings, written or oral, between you and LightBeijing with respect to the subject matter hereof. Except as expressly set forth herein, these Terms of Service may not be amended, modified, or supplemented by the parties in any manner, except by a written instrument signed by an authorized officer of LightBeijing . If any part of these Terms of Service is found invalid or unenforceable by a court of competent jurisdiction, the remainder Terms of Service will be interpreted to reasonably affect the intention of the parties. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or content or extent of such section. No provision hereof shall be deemed waived (by any act or mission) unless such waiver is in a writing signed by an authorized officer of LightBeijing. These Terms of Service will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an authorized officer of LightBeijing.
