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51mokao Terms of Service
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ACCEPTANCE OF TERMS
51mokao ("51mokao.com") welcomes you. 51mokao provides the 51mokao Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the 51mokao Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular 51mokao owned or operated services, you and 51mokao shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. DESCRIPTION OF 51MOKAO SERVICES
51mokao provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "51mokao Services"). You understand and agree that the 51mokao Services may include certain communications from 51mokao, such as service announcements, administrative messages and the 51mokao Newsletter, and that these communications are considered part of 51mokao membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current 51mokao Services, including the release of new 51mokao properties, shall be subject to the TOS. You understand and agree that the 51mokao Services is provided "AS-IS" and that 51mokao assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the 51mokao Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the 51mokao Services.
You understand that the technical processing and transmission of the 51mokao Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the 51mokao Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the 51mokao Services under the laws of P.R.China or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the 51mokao Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 51mokao has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 51mokao has the right to suspend or terminate your account and refuse any and all current or future use of the 51mokao Services (or any portion thereof). MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the 51mokao Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 51mokao of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 51mokao cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 51mokao, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the 51mokao Services. 51mokao does not control the Content posted via the 51mokao Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the 51mokao Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 51mokao be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the 51mokao Services.
You agree to not use the 51mokao Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a 51mokao official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the 51mokao Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that 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; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the 51mokao Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the 51mokao Services or servers or networks connected to the 51mokao Services, or disobey any requirements, procedures, policies or regulations of networks connected to the 51mokao Services, including using any device, software or routine to bypass our robot exclusion headers; intentionally or unintentionally violate any applicable local, national or international law; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that 51mokao may or may not pre-screen Content, but that 51mokao and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the 51mokao Services. Without limiting the foregoing, 51mokao and its designees shall have the right to remove any Content that violates the TOS 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 created by 51mokao or submitted to 51mokao, including without limitation information in 51mokao Message Boards and in all other parts of the 51mokao Services.
You acknowledge, consent and agree that 51mokao may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of 51mokao, its users and the public.
You understand that the 51mokao Services and software embodied within the 51mokao Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by 51mokao and/or content providers who provide content to the 51mokao Services. You may not attempt to override or circumvent any of the usage rules embedded into the 51mokao Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the 51mokao Services, in whole or in part, is strictly prohibited. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE 51MOKAO SERVICES
51mokao does not claim ownership of Content you submit or make available for inclusion on the 51mokao Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the 51mokao Services, you grant 51mokao the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of 51mokao Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the 51mokao Services solely for the purposes of providing and promoting the specific 51mokao Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the 51mokao Services and will terminate at the time you remove or 51mokao removes such Content from the 51mokao Services. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the 51mokao Services other than 51mokao Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the 51mokao Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the 51mokao Services and will terminate at the time you remove or 51mokao removes such Content from the 51mokao Services. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the 51mokao Services other than 51mokao Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the 51mokao Services are those areas of the 51mokao network of properties that are intended by 51mokao to be available to the general public. By way of example, publicly accessible areas of the 51mokao Services would include 51mokao Message Boards and portions of 51mokao Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the 51mokao Services would not include portions of 51mokao Groups that are limited to members, 51mokao services intended for private communication such as 51mokao Mail or 51mokao Messenger, or areas off of the 51mokao network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by 51mokao. CONTRIBUTIONS TO 51MOKAO
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to 51mokao through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) 51mokao is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) 51mokao shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) 51mokao may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of 51mokao without any obligation of 51mokao to you; and (f) you are not entitled to any compensation or reimbursement of any kind from 51mokao under any circumstances. INDEMNITY
You agree to indemnify and hold 51mokao and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the 51mokao Services, your use of the 51mokao Services, your connection to the 51mokao Services, your violation of the TOS, or your violation of any rights of another. NO COMMERCIAL REUSE OF 51MOKAO SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the 51mokao Services (including Content, advertisements, Software and your 51mokao ID). MODIFICATIONS TO 51MOKAO SERVICES
51mokao reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the 51mokao Services (or any part thereof) with or without notice. You agree that 51mokao shall not be liable to you or to any third party for any modification, suspension or discontinuance of the 51mokao Services (or any part thereof). TERMINATION
You may terminate your 51mokao account, and access to the 51mokao Services by submitting such termination request to 51mokao.
You agree that 51mokao may, without prior notice, immediately terminate, limit your access to or suspend your 51mokao account, any associated email address, and access to the 51mokao Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the 51mokao Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the 51mokao Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in 51mokao's sole discretion and that 51mokao shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the 51mokao Services.
Termination of your 51mokao account includes any or all of the following: (a) removal of access to all or part of the offerings within the 51mokao Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the 51mokao Services. 51MOKAO'S PROPRIETARY RIGHTS
You acknowledge and agree that the 51mokao Services and any necessary software used in connection with the 51mokao Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the 51mokao Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by 51mokao or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the 51mokao Services, such Content or the Software, in whole or in part.
51mokao grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the 51mokao Services. You agree not to access the 51mokao Services by any means other than through the interface that is provided by 51mokao for use in accessing the 51mokao Services. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE 51MOKAO SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE 51MOKAO SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 51MOKAO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 51MOKAO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE 51MOKAO SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE 51MOKAO SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 51MOKAO SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE 51MOKAO SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 51MOKAO SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 51MOKAO OR THROUGH OR FROM THE 51MOKAO SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE 51MOKAO SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE 51MOKAO SERVICE. IMMEDIATELY DISCONTINUE USE OF THE 51MOKAO SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE 51MOKAO SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 51MOKAO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 51MOKAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE 51MOKAO SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 51MOKAO SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE 51MOKAO SERVICE. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. SPECIAL ADMONITION FOR 51MOKAO SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the 51mokao Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The 51mokao Services is provided for informational purposes only, and no Content included in the 51mokao Services is intended for trading or investing purposes. 51mokao and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the 51mokao Services, and shall not be responsible or liable for any trading or investment decisions based on such information. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. NOTICE
51mokao may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the 51mokao Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the 51mokao Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the 51mokao Services in an authorized manner.
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