Terms of Service



1. ACCEPTANCE OF TERMS

1.1 HelloChina.com Corporation (the Company or the We) operates HelloChina.com (the HelloChina), which offers a variety of services (the Service)including job ads, personal profiles and resumes, albums, groups, information provision and messaging service, subject to the following Terms of Service (the Terms).

1.2 By accessing HelloChina or using our Service, you agree to comply with the Terms. If you do not agree to abide by these or any future Terms, do not access HelloChina or use our Service.

2. REGISTRATION; REPRESENTATIONS AND WARRANTIES

2.1 In consideration of your Use of the Service and registration to be a Member for the Service, you make the following representations and warranties.

2.2 All registration information you submit is truthful, accurate, current and complete.

2.3 You will maintain the security of your password and identification.

2.4 You will maintain and promptly update your registration data, and any other information you provide to HelloChina, to keep it truthful, accurate and current and complete.

2.5 You are fully responsible for all use of your account and for any actions that take place using your account.

2.6 Membership in the Service is void where prohibited. HelloChina is intended solely for users who are eighteen (18) years of age or older. By using HelloChina or the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the Terms.

2.7 Your use of the Service does not violate any applicable law or regulation.

3. CONTENT

3.1 You understand and agree that all postings, designs, text, graphics, pictures, video, information, applications, software, music, sound or other materials (the Content) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service.

3.2 HelloChina and its Content available through the Service may contain links to other websites, which are completely independent of the Company. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

3.3 You understand and agree that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

3.4 You understand and agree that the Company does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service at any time, for any or no reason.

4. USER CONDUCT

The Company reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the Membership of such violators.

In addition, you agree not to:

4.1 use HelloChina or the Service in any unlawful manner or in any other manner that could damage, disable, over burden or impair HelloChina;

4.2 collect personal data about other users for commercial or unlawful purposes; or use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service without the prior consent of the Company;

4.3 harm minors in any way

4.4 impersonate any person or entity, including, but not limited to, a HelloChina official, administrator or group leader, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

4.5 use any form of automated device or computer program that enables the submission of postings on HelloChina without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

4.6 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

4.7 use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on HelloChina or the Service, or register for more than one User account, or register for a User account on behalf of an individual or any group or entity other than yourself.

4.8 upload, post, transmit or otherwise make available any Content that:

  • a) is unsolicited commercial message, email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam";
  • b) is pornographic or depicts a human being engaged in actual sexual conduct.
  • c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • d) infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  • e) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
  • f) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  • g) includes links to commercial services or web sites, except as allowed in the Service;
5. PROPRIETARY RIGHTS

5.1 The Company does not claim ownership of the Content that its users post.

5.2 By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

5.3 By posting Content to any public area of the Service, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

5.4 You represent and warrant that:

  • a) you own the Content posted by you on or through the Service;
  • b) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
  • c) you agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Service.

5.5 You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

5.6 The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

5.7 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.

6. THIRD PARTY CONTENT, SITES, AND SERVICES

6.1 Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

6.2 You agree that The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that The Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

7. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

7.1 Hellochina and the service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer, software or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the service. Under no circumstances will the company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the site or the service, any content or third party applications, software or content posted on or through the site or the service or transmitted to users, or any interactions between users of the site, whether online or offline.

7.2 your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

7.3 the company is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the service.

7.4 any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

7.5 no advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the terms.

7.6 the company reserves the right to change any and all content, software and other items used or contained in Hellochina and any services and platform applications offered through Hellochina at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by company.

8. TERMINATION

You understand and agree that the company, in its sole discretion, may terminate your password, and/or account, and remove and discard any content within the service (including, but not limited to your profile if you are an account holder), for any reason, including and without limitation if the company believes that you have violated or acted inconsistently with the letter or spirit of the terms. Any contracts, verbal or written or assumed, in conjunction with your deleted profile or/and resumes (as applicable) and all its parts, at the company's discretion, will be terminated as well.

9. LIMITATIONS OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall the company be liable to you for damages of any kind whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, indirect, incidental, special, punitive, exemplary or consequential damages resulting from or in connection with Hellochina or the information it contains or any errors or omissions in the technical operation of Hellochina, even if the company has been advised of the possibility of such damages whether caused in whole or in part by negligence, telecommunications failure, or theft or destruction of, or unauthorized access to Hellochina.

10. PRIVACY

Use of the Service is also governed by our Privacy Policy, which is incorporated into this Terms by this reference.

11. INDEMNITY

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, due to or arising out of or in connection with any Content, any Third Party Applications, Software or any Content you post or share on or through HelloChina, your use of HelloChina or the Service, your conduct in connection with HelloChina or the Service or with other users of HelloChina or the Service, or any violation of the Terms or of any law or the rights of any third party, whether you are a registered user or not.

12. MISCELLANEOUS

If any provision of these Terms is held to be unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

13. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. It is your responsibility to review the Term on a regular basis to keep yourself apprised of any changes. Your continued use of this site following the posting of changes to these Terms or other policies means you accept the changes. These Terms of Service were last updated on October 1, 2008.

If you have questions about using the site, please visit our Customer Service Center.