Terms and Conditions

Terms and Conditions

Thank you for visiting Laowaiblog. Please read these Terms and Conditions carefully. By using laowaiblog, you are stating that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not permitted to use Laowaiblog. Laowaiblog reserves the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms and Conditions.

NATURE OF LAOWAIBLOG

Laowaiblog is an internet service provider, therefore we are not responsible for and do not necessarily hold the opinions expressed by our content contributors: Opinions and other statements expressed by users and other third parties (e.g., bloggers) are theirs and theirs alone; they are not the opinions of Laowaiblog and do not represent Laowaiblog in any way. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Laowaiblog is not undertaking any obligation or liability relating to the content. Laowaiblog does not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Laowaiblog assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Laowaiblog reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

PURPOSE OF LAOWAIBLOG

All content, (including the information relating to medical, financial, construction, or other activities that could result in damage, injury, or death) is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a visit, call, consultation, or advice of your physician or other professionals or any information contained on or in any product packaging or labels. It is general advice, is not intended to be relied upon for investment, trade, or other business transactions, and is not intended to offer a solution to a specific problem. Laowaiblog does not recommend the self-management of health problems or duplication of any activity or process described in the content. You should never disregard professional advice or delay in seeking advice because of something viewed in the content, and you should not use the content for diagnosing a health or other problem or prescribing a medication.

YOUR RESPONSIBILITIES

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of laowaiblog and for paying all charges related thereto. You agree not to use laowaiblog to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) knowingly transmit any material that contains adware, malware, spyware, 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; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt laowaiblog or disobey any requirements, procedures, policies, or regulations of networks connected to laowaiblog.

Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.

We care about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed within the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

All of the content in Laowaiblog belongs to Laowaiblog, and you are not authorized to use this content in any way. Futrhermore, when you submit content to us, you provide us with the following rights:

1) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and of other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

2) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice.

COPYRIGHT INFRINGEMENT

Laowaiblog respects the intellectual property rights of others. Accordingly, Laowaiblog has a policy of removing submissions that violate copyright law, and/or terminating in appropriate circumstances the account of any user who uses laowaiblog in violation of copyright law.

If you believe your copyright is being infringed by a user of laowaiblog, please e-mail us at contactus@laowaiblog.com, and specify the subject: “Notice of Copyright Violation”, and describe your claims of copyright infringement.

3) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us the right to display or to publish such content on our site (either in the form submitted work or in the form of a derivative or adapted work), to store such content, to distribute such content and to use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

LINKS TO OTHER WEBSITES

The content may link you to other web sites or information, software, data, or other contents on or off the internet, including through click-through or other advertising, or through featured or sponsored sites. However, Laowaiblog has not reviewed the contents that may be linked and is not responsible for the content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to Laowaiblog. Laowaiblog has not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor does Laowaiblog endorse or support them. Laowaiblog does not warrant, nor is it in any way responsible for, information, software, data, privacy policies, or other contents that are out of its control.

ASSUMPTION OF THE RISK

The User assumes any and all risk of damage, injury, or death, from use of the content. It has been warned of the limitations and risks in use of the information, and despite such warnings, chooses of its own free will to continue to access or use the content.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LAOWAIBLOG, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY LAOWAIBLOG, REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR TO THE CONTENT IN THE WEBSITE.

You are responsible for any harm we suffer as a result of your violation of these Terms and Conditions or any breach by you of your representations and warranties: You agree to indemnify and hold harmless Laowaiblog and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms and Conditions. In such event, you shall provide us with such cooperation as is reasonably requested by us.

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About the Author

Lior Paritzky is the Editor in Chief and Manager of Laowaiblog, an internet platform that provides opinion and views about social phenomena in modern China. Look for Lior on Twitter: Liorpari