TERMS OF
SERVICE
This Terms of Use (this “Agreement”) governs your access
and use of the www.jisale.com (collectively, the “Site”),
operated by Guangzhou Yinghu Internet Co.,Ltd. (“Yinghu”, “we”, “us” or “our”).
Before you may use the Site, you must read and accept all of the terms and
conditions in this Agreement and the Privacy Policy on the Site. Please review
our Privacy Policy, which
is incorporated into and hereby made part of this Agreement. The Site may also
contain additional terms that govern particular features or services, which
additional terms are also incorporated into and hereby made part of this
Agreement. By using any services, you acknowledge that you have reviewed all
terms of such services and agree to be bound by them.
USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THIS
AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO BE
BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE.
Services
In the Site, we provide users with access to certain
services, information and/or products (the “Service”). You are responsible for
obtaining access to the Site, and that access may involve third-party fees
(such as Internet service provider or airtime charges). In addition, you must
provide and are responsible for all equipment necessary to access the Site.
License and Access
Yinghu grants you a limited license to access and make
personal, noncommercial use of the Site and the Service. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
sell, transfer or create derivative works from this Site or any content
thereof. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, electronically copy, download and
print hard copy portions of the material from the different areas of the Site
solely for your own personal, noncommercial use, or to place an order with Yinghu
or to purchase products or services from the Site.
In consideration of your use of the Site, you represent
that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to provide true, accurate, current and
complete information about yourself as prompted by the Site’s registration
form. If you provide any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or Yinghu
suspects that such information is untrue, inaccurate, not current or
incomplete, Yinghu has the right in its sole discretion to suspend or terminate
your account and refuse any and all current or future use of the Site or any
portion thereof. You may not choose a username that impersonates someone else,
is or may be illegal, is or may be protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion. We
reserve the right to reject any username in our sole discretion. If you use the
Site, you are responsible for maintaining the confidentiality of your account
and password and for any and all activities (including purchases) that are
conducted through your account, and for restricting access to your computer.
Your username and password are for your personal use only, and may not be used
by any other person. You agree to accept responsibility for all activities that
occur under your account or password. Because of this, we strongly recommend
that you exit from your account at the end of each session. You agree to notify
Yinghu immediately of any unauthorized use of your account or any other breach
of security.
As a condition of the license granted to you herein, and
in addition to any other conditions and restrictions set forth in this
Agreement, you may not engage in any of the following activities: downloading
or copying of account information for the benefit of another vendor or any
other third party; caching, unauthorized hypertext links to the Site or the
framing of any content available through the Site;
uploading, posting, or transmitting any content that you
do not have a right to make available (such as the intellectual property of
another party); uploading, posting, or transmitting 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; any action that imposes or may impose
(in Yinghu’s sole discretion) an unreasonable or disproportionately large load
on Yinghu’s infrastructure; or any use of data mining, robots, or similar data
gathering and extraction tools. You may not bypass any measures used by Yinghu
to prevent or restrict access to the Site. Any unauthorized use by you shall
terminate the permission or license granted to you by us.
Yinghu reserves the right to refuse service, terminate
accounts, or remove or edit content in its sole discretion, at any time, with
or without reason or notice.
Submitted Content
With respect to any materials you submit or make
available for inclusion on the Site (including, without limitation, text,
photos, graphics, images, music and video) (the “Submitted Content”), you
hereby grant to Yinghu a perpetual, irrevocable, non-terminable, worldwide,
royalty-free, non-exclusive license to use, copy, distribute, publicly display,
modify, create derivative works based on, and sublicense the Submitted Content
or any part thereof. You agree that Yinghu shall have the right to use the
Submitted Content without compensation or credit to you. You hereby represent,
warrant and agree that any Submitted Content does not include anything
(including, but not limited to, text, photos, graphics, images, music or video)
to which you do not have the full right to grant the license specified in this
section, free of any third-party claims of any kind; that the Submitted Content
is not subject to any obligation, whether of confidentiality, attribution or
otherwise; and your provision of the Submitted Content to the Site complies
with all applicable laws, rules and regulations.
Descriptions of Products, Services
and Content
Yinghu does not warrant that descriptions of products or
services on this Site, or that any other content of this Site, is or are
accurate, complete, reliable, current, or error-free. We do not guarantee that
product descriptions or other content on this Site will be accurate, complete,
reliable, current, or error-free. Descriptions and images of, and references
to, products on the Site do not imply our or any of our affiliates' endorsement
of such products. We reserve the right, with or without prior notice, to change
such descriptions, images, and references; to limit the available quantity of
any product or service; to honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other promotions; to bar any user from
conducting transactions; and to refuse to provide any user with any product or
service. Price and availability of any product or service offered through the
Site are subject to change without notice. You agree to pay all charges that
may be incurred by you or on your behalf through the Site, at the price or
prices in effect when such charges are incurred, including all shipping and
handling charges. In addition, you are responsible for any taxes that may be
applicable to your purchases through the Site. Purchases of products and
services through the Site may be subject to additional terms and conditions
included on this Site, and you hereby agree to such additional terms and
conditions when making a purchase.
Disclaimer of Warranties and
Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND
SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED
ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR
IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY.
THE INFORMATION, CONTENT AND MATERIAL CONTAINED ON THE
SITE IS INTENDED TO BE OF A GENERAL NATURE ONLY AND IS NOT INTENDED TO
CONSTITUTE PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL DOG
TRAINER, VETERINARIAN OR OTHER QUALIFIED PROFESSIONAL IN CONNECTION WITH THE
CARE, TRAINING AND HANDLING OF DOGS. RELIANCE ON ANY INFORMATION THAT APPEARS
ON THE SITE, WHETHER PROVIDED BY Yinghu, CESAR MILLAN OR OTHERS IS SOLELY AT
YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Yinghu
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND
(C) ANY ELECTRONIC COMMUNICATIONS FROM Yinghu. Yinghu DOES NOT WARRANT THAT (A)
THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR (C)
ELECTRONIC COMMUNICATIONS SENT FROM Yinghu ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Yinghu DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR
FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.
IF YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT ON
THIS SITE OR ANY SERVICES PROVIDED TO YOU THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE AND Yinghu’S SERVICES. YOU ACKNOWLEDGE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Yinghu
AND ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATED ENTITIES, AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNEES, SHALL NOT BE LIABLE TO YOU 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 Yinghu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to indemnify and hold Yinghu (and its
officers, directors, employees, agents, affiliated entities, and their
respective successors and assignees) harmless from any claims, demands, losses,
liabilities, judgments, costs and expenses, including reasonable attorneys’
fees, or arising out of or related to your breach of this Agreement or your
violation of any law or the rights of any third party.
Minors
You must be at least 13 years of age to use the Site.
Limitation on Accounts
Each user may not have more than one active account.
Additionally, users are prohibited from selling, trading, or otherwise
transferring your Yinghu account, or your use of or access to this Site
(including your username or password) to another party. You further agree not
to permit anyone else whose account or membership was suspended or terminated
to use the Site through your account, username or password.
Costs
There may be some costs associated with your use of the
services available through the Site. For example, your cell phone service
provider may charge you to receive wireless text messages. Neither Yinghu nor
any of its partners, affiliates, licensors or vendors are responsible for any
charges related to your use of such services, and you agree that all such costs
shall be borne by you.
Unsolicited Submissions
Please note that we do not accept unsolicited materials
or ideas for motion pictures, television programs, websites, articles or other
products or services. Therefore, please do not make any such unsolicited
submissions to Yinghu. We are not responsible for the similarity of any of our
content or materials (whether on this Site or otherwise used by us or our
affiliates) to any media or materials or ideas transmitted to the Site. Should
you send any unsolicited materials or ideas, such unsolicited materials or
ideas shall be deemed Submitted Content (as such term is defined above), and Yinghu
shall have the full rights and license thereto as Yinghu has with respect to
any other Submitted Content, that no consideration of any sort will be provided
to you, and that you are waiving any claim against Yinghu and our affiliates
regarding the use of such materials and ideas, even if materials or ideas are
substantially similar to the idea you submitted.
Electronic Communications
When you use the Site or send emails to Yinghu, you are
communicating with Yinghu electronically. You consent to receive communications
electronically from Yinghu. Yinghu may communicate with you by email or by
posting notices on the Site. You agree that all agreements, notices,
disclosures and other communications that are provided to you by Yinghu
electronically satisfy any legal requirement that such communications be in
writing.
Opt-Out
If you no longer wish to receive our newsletter or
promotional communications, you may opt out of receiving these communications
by clicking on an “unsubscribe” link at the bottom of the newsletter and
following the directions given.
Contact
If you have any questions regarding the meaning or
application of this Agreement, or for customer support or account questions,
please contact us at http://www.jisale.com.
Email and Postings
The Site may provide users with the ability to send
email messages to other users and non-users and to post messages on the Site. Yinghu
is under no obligation to review any messages, information or content
(“Postings”) posted on the Site by users and assumes no responsibility or
liability relating to any such Postings. Yinghu may from time to time monitor
the Postings on the Site and may decline to accept and/or remove any email or
Postings without notice or liability; provided, however, that Yinghu reserves
the right to treat Postings on the Site, or on certain portions of the Site, as
content stored at the direction of users for which Yinghu will not exercise
editorial control except to enforce the rights of third parties and the content
restrictions set forth in this Agreement (and any other applicable rules that
we post on the Site) when notice of such violations is directed to our
attention. You understand and agree not to use any functionality provided by
the Site to post content or initiate communications that contain:
1. Any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically
or otherwise objectionable material of any kind, including, but not limited to,
any material which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
national or international law.
2. Advertisements or solicitations of any kind.
3. An impersonation of someone else or any kind of false
information.
4. Personal information such as phone numbers, social
security numbers, account numbers, addresses.
5. Information that is deceptive, false, inaccurate or
misleading.
6. Messages that offer unauthorized downloads of any
copyrighted or private information.
7. Identical (or substantially similar) messages to
multiple recipients advertising any product or service, expressing a political
or other similar message, or any other type of unsolicited commercial or
promotional message.
8. Viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information.
Community, Personal Information and
Other Site Users
Information, including any personally identifiable
information (meaning any information which can be used to identify a specific
individual, such as a name, mailing address, telephone number, or email
address), which is posted by you on the may be accessible to other visitors to
the Site. Making this information available on the Site may result in your
receiving "spam" or unsolicited emails. You are encouraged to use discretion
when communicating with others or disclosing personally identifiable
information online. In addition, we have no control over, and shall have no
liability for, any damages resulting from, the use or misuse by any third party
of information that you voluntarily make public through the Site. IF YOU CHOOSE
TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION
PUBLICLY AVAILABLE IN ON THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and we shall not
be responsible or liable for) your interactions with other Site users. Yinghu
is not involved in, a party to, or responsible for any communications,
correspondence, interactions or transactions, whether verbal or written and
whether electronic or otherwise, between you and any other Site user, or any
disputes arising therefrom. You agree to release Yinghu, its affiliates and
their respective directors, officers, employees, licensors and agents, from all
claims, demands, liabilities, losses and damages of any kind and nature, known
and unknown, suspected and unsuspected, arising out of or connected with any
communications or disputes between you and any other Site user.
Links and Third-Party Content
The Site or third parties may provide links to other World
Wide Web sites or resources and may contain content supplied by third parties.
Because Yinghu has no control over such sites, resources and third-party
content (whether or not Yinghu has authorized any such link or included such
third party on the Site), you acknowledge and agree that Yinghu is not
responsible for the availability of such sites, resources or content and does
not endorse and is not responsible or liable for any content, advertising,
products or other materials on or available from such sites, resources or third
parties. Any opinions, advice, judgments, statements, services, offers, or
other information or materials expressed or made available by any third party
or linked site are those of the respective third parties and not of Yinghu. You
further acknowledge and agree that Yinghu shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, information,
goods or services available on or through any such site or resource or
otherwise mentioned on this Site.
You are solely responsible and liable for (and Yinghu
shall not be responsible for) your communications with any third parties
appearing in or linked to the Site. Any disputes between you and any such third
party are specifically and solely between you and the third party. Any
warranties or representations made by any such third party are made by the
third party and not by Yinghu. Such third parties may require you to provide
additional information in order to use them or may collect additional
information from you while you are using them. The collection and use of such
additional information may be governed by the privacy policies of the
applicable third party. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES
AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.
Yinghu reserves the right to prohibit linking to the
Site. If you are interested in linking to the Site from your site, please
contact us at http://www.cesarsway.com/contact.
We may approve or deny your request in our sole discretion.
Password Protected/Secure Areas
Access to and use of password protected and/or secure
areas of the Site is restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Site may be subject to
prosecution.
Sweepstakes and Promotions
The Site may contain or offer sweepstakes or other
promotions, which may be governed by a separate set of rules which may have eligibility
requirements, such as certain age or geographic area restrictions. It is your
responsibility to read those rules to determine whether or not your
participation, registration or entry will be valid and to determine the
sponsor’s requirements of you in connection with the applicable sweepstakes or
promotion.
Modification
Yinghu may modify this Agreement from time to time, and
such modification shall be effective upon posting by Yinghu on the Site. You
agree to be bound to any changes to this Agreement when you use the Site after
any such modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes. If you do not
wish to accept any change, you may choose not to use the Site. Yinghu reserves
the right to make changes to the Site at any time without notice. Any provision
of these terms and conditions that grants any rights to Yinghu will survive any
termination of this Agreement.
Yinghu reserves the right, at any time, to change or
discontinue any content or feature of the Site or any services or products made
available through the Site without notice; charge fees in connection with the
use of the Site; modify and/or waive any fees charged in connection with the
Site; and/or offer opportunities to some or all users of the Site. You agree
that we will not be liable for any modification, suspension or discontinuance
of the Site or of any service, content, feature or product offered through the
Site. Your continued use of the Site after such changes will indicate your
acceptance of such changes.
Trademarks
The trademarks, trade names, logos and service marks
(“Marks”) displayed on the Site (including, without limitation, “Cesar Millan”
and “Cesar’s Way Inc.”) are the property of Yinghu or third parties. Users are
prohibited from using any Marks for any purpose including, but not limited to
use as metatags on other pages or sites on the World Wide Web without the
written permission of Yinghu or such third party which may own the Marks.
Notices and Procedures for Making
Claims of Copyright Infringement
Notifications of claimed copyright infringement
(“Notifications”) should be sent to the website's designated agent. ALL
INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide Yinghu with the
following information. Please be advised that to be effective, the Notification
must include ALL of the following:
1. A physical or electronic signature of the person
authorized to act on behalf of the owner of an exclusive copyright that is
allegedly infringed;
2. A description of the copyrighted work that you claim
has been infringed;
3. A description of where the material that you claim is
infringing is located on the Site;
4. Your address, telephone number, and email address and
all other information reasonably sufficient to permit Yinghu to contact you;
5. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law;
6. A statement by you, made under penalty of perjury,
that the above information in your Notification is accurate and that you are
the copyright owner or authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
By email: marketgirl@nuo.cn
(Please include "Notice of Infringement" in the subject line.)
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING Yinghu THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL
OTHER INQUIRIES, SUCH AS QUESTIONS AND REQUESTS RELATING TO PRODUCTS OR
SERVICES, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS
PROCESS.
Miscellaneous
Headings are for reference purposes only and do not
limit the scope or extent of such section. If any provision of this Agreement
is held to be unlawful, void or unenforceable, that provision is severable from
this Agreement and does not affect the validity and enforceability of any
remaining provisions hereof. Any provision of this Agreement that imposes or
contemplates continuing obligations on a party will survive the expiration or
termination of this Agreement. This Agreement and the relationship between you
and Yinghu will be governed by the laws of the State of California without
regard to its conflict of law provisions. You agree to submit to the exclusive
personal jurisdiction of the federal and state courts located in the State of
California with respect to any legal proceedings that may arise in connection
with this Agreement. The failure of Yinghu to act with respect to a breach by
you or others does not waive its right to act with respect to subsequent or
similar breaches. Except as otherwise expressly provided in this Agreement,
there shall be no third-party beneficiaries to this Agreement. If you enter
into any other written agreement with Yinghu, the terms of such agreement may
prevail over the terms of this Agreement if such other agreement so specifies.
Except as otherwise expressly set forth herein, this Agreement constitutes the
entire agreement between you and Yinghu and governs your use of the Site,
superseding any prior agreements between you and Yinghu.