Terms of Use

China SignPost LLC Terms of Use

Welcome to China SignPost LLC (“China SignPost,” “us,” “we” or “our”), the company that operates the ChinaSignPost websites and subscription-based articles and related services (collectively, the “Service”).  Every time you visit or use features of the Service, you agree to be bound by these Terms of Use (“Terms”) as well as the incorporated Privacy Policy (“Privacy Policy”), located here.  These Terms outline your rights, obligations and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately.

We may modify the Terms from time to time and each modification will be effective when it is posted on the Service. You agree to be bound to any changes to the Terms through your continued use of the Service.

The Service consists of the publication and distribution of articles containing data, research, analysis, and policy recommendations relating to China and key Chinese developments.  The Service is a subscription-based service, with four tiers of subscriptions described here.

To use our Service you must be of sufficient legal age and able to enter into binding contracts, and have full power and authority to agree to these Terms.

Registration

You must register to access the Service.  Please refer to our Privacy Policy, incorporated herein by reference, for information about how to register with us and how we protect your personal information.

If you are dissatisfied with the Service, please provide feedback through the provided feedback mechanisms. Your only other remedy (and our sole liability) with respect to any dissatisfaction with the Service, these Terms or the Privacy Policy is to terminate your subscription and stop using the Service.

Your Personal Information

You are responsible for ensuring that any personal information you provide is accurate and up to date.  We may verify the accuracy of the information you provide at any time.  You are responsible for creating a secure password and protecting it from unauthorized access.  You will notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised.  You will be held responsible for any activity that occurs under your user identification.  You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

If and when you contribute publicly-viewable content such as reviews, comments or feedback (your “Content”) to our Service, you agree to the following terms:

• You will not use the Service to impersonate, abuse, harass, threaten or intimidate other people.

• Your Content will be publicly visible throughout the Service.

• Your Content, including your public account information such as your display name, may be indexed by third party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from the Service.

• You will contribute accurate information. We may remove (without notice) anything that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

• All content posted on the Service must comply with all applicable laws (including, without limitation, U.S. copyright law). You represent and warrant that (i) you own or otherwise possess all rights to use your Content; (ii) You have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information; (iii) you are authorized to grant all of the rights described in these Terms; and (iv) the use of your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability.

• You will be held solely responsible and liable for your Content and conduct on the Service.  We cannot be responsible or liable for any use of your Content by us in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

• Your Content may be modified or adapted in order to meet design and technical requirements of the Service or for any other reason.  You are responsible for retaining original copies of your Content.

Your Content always belongs to you. You retain copyright and any other rights you already hold in your Content, but by uploading, posting, contributing, or otherwise providing your Content to us, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the Service and our (and our successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) or the Service in any media formats, and through any media channels (including, without limitation, third party services).  For clarity, the foregoing license grant does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.  We will encourage any third parties to whom we sublicense your Content to attribute you, in addition to us, but you acknowledge that this may not always be possible depending on the context.

Be sure to review our Privacy Policy better understand how your public and private information is used and protected.

Removal of Your Content

You may unregister with us at any time HERE, after which we will use commercially reasonable efforts to stop displaying any of your public account information. Disabling your account anonymizes your Content but does not automatically remove it.  Because other China SignPost users may have acted on your Content, you may not be able to remove or edit your Content once you’ve contributed it to us, and we cannot guarantee complete removal.

We may monitor and review your account, your Content and your activity for compliance with these Terms, and may remove or disable your account or Content for any reason, including, but not limited to, violation of Terms, alleged infringement or verbal, physical, written or other abuse of another user, employee, member or officer. We will do our best to communicate with you via your registered email address prior to removal of your account or your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email.

We cannot guarantee access to your account or your Content.  We reserve the right to reclaim any username created by a user on behalf of businesses or individuals that hold legal claim or trademark on that username.  We also reserve the right to reclaim any username that has been inactive for 6 months or more, and your account may be permanently disabled due to prolonged inactivity.

Guidelines, Fees, Rights and Remedies

Permitted Use of the Service

Users at all subscription levels may retrieve and display content from the Service on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on the user’s computer or mobile device for personal, non-commercial use.

Users of the Limited and Individual subscription levels may access the Service for personal, non-commercial use only on devices for which the Service was intended and on no more than five separate devices.

Enterprise-level or Bespoke Access-level subscribers shall have the option to create a limited number of usernames and passwords associated with such Enterprise- or Bespoke Access-level account.  Each individual user of the Enterprise- or Bespoke Access-level subscription must be a director, officer, or employee of the subscriber and may access the Service, for personal, non-commercial use only on devices for which the Service was intended and on no more than five separate devices.

You may not distribute content to any party outside your company or enterprise without our express written consent. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit the Service. In particular, but without limiting the general application of the restrictions in the previous sentences, you may not do any of the following without express prior written permission from China SignPost:

• reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Service;

• modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Service (including as part of any library, archive or similar service) without the express prior written consent of China SignPost; or

• remove the copyright or trademark notice from any Service content made available under these Terms.

Any use of the Service not specifically permitted above is expressly prohibited.  See also the intellectual property restrictions set forth under Intellectual Property Rights, below. Requests for permission for other uses may be sent to us at info@chinasignpost.com

Fees

The annual price for each subscription tier of our Service is set out in our latest price list or (if applicable) your Bespoke Access Agreement.  Unless otherwise stated, our price is exclusive of any expenses or value added, sales tax or other taxes which will be charged (and payable by you) at the applicable rate at the time of invoice.  You agree to pay the applicable subscription fees for the Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used services or periods. Subscriptions shall be renewed on an annual basis unless you notify us otherwise at least 30 days prior to the date on which your subscription is set to renew.  Unless we otherwise agree in writing, payment for our Services is due without deduction, demand or set off within 30 days after the date of our invoice. In the event of late or non payment, we may suspend the provision of our Services and/or charge you default interest at a rate of 1.5% per month accruing on a daily basis from the due date for payment until the date on which payment is made and the costs in pursuing a debt recovery procedure.

We use a third party payment processer to process our payments, and cannot be responsible for their payment processing performance or software.  By subscribing to the Service, you agree to our third party payment processor’s terms and conditions.

You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.

You agree that you will not use or attempt to use this Service for any purpose other than for viewing or downloading the China SignPost articles delivered pursuant to your subscription or for otherwise conducting legitimate business on the Service; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:

• that infringes on or violates the rights of any third party;

• that is any way unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;

• that transmits any unauthorized or unsolicited advertisements, solicitations;

• schemes, spam, flooding, or other unsolicited spam or bulk e-mail or unsolicited commercial communications;

• that transmits any harmful or disabling computer codes, files, programs or viruses;

• that harvests e-mail addresses or personally identifiable information from us,

• that interferes with our network services or the proper working of the Service or activities conducted on the Service;

• that uses manual or automated software or other processes to “crawl”, “spider” or otherwise scrape or access data in an unauthorized manner;

• index or in any non-transitory manner store or cache information obtained from any page of the Service;

• that attempts to gain unauthorized access to our Service, including bypassing measures, we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

• that suggests an express or implied affiliation with us (without our express written permission) or that impersonates any person or entity including an employee or representative of us;

• that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.

We can at any time and for any reason or for no reason at all, in our sole discretion and without notice to you, terminate your subscription and deny you access to and use of this Service.

Intellectual Property Rights

We own and retain all proprietary rights in the Service, including all articles made available to you pursuant to your subscription. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not, without our express written consent:

• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);

• use any meta tags or any other “hidden text” utilizing our name or trademarks without our the express written consent; or

• directly or indirectly decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service.

Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of us or third parties, and any unauthorized use terminates your permission to use the Service.

All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of us or our content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of us and protected by U.S. and international copyright laws. All software used on our website is the property of us or our software suppliers and protected by United States and international copyright laws.

The marks appearing on this Service, including but not limited to China SignPost™ and any respective logos, emblems, slogans and designs, are our trademarks.  All other marks used on this Service are the property of their respective owners.

Notice and Take Down Procedures

If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact our copyright agent (identified below) and provide the following information:

• A clear statement identifying the works, or other materials believed to be infringed.

• A statement from the copyright holder or authorized representative that the content is believed to be infringing.

• Sufficient information about the location of the allegedly infringing content so that we can find and verify its existence.

• Your name, telephone number and e-mail address.

• A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.

• A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for notice of copyright issues on the Service can be reached as follows:

China SignPost, LLC
1620 Sudbury Road, STE 1
Concord, MA 01742
Attn: Copyright Agent

If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.

General Information

Linking to Third Party Websites

For your convenience, the Service may provide links to products or services.  However, unless expressly stated otherwise, we does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, or products available at or through any linked websites. By using the Service you acknowledge and agree that we will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, or products. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.

For Our Protection

You agree to indemnify and hold China SignPost, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.

Disclaimer & Limitation of Liability

Although we endeavor to ensure that the Service is of the highest quality and accuracy, we make no representations or warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.   The Service is provided on an “as is” and “as available” basis.  Further, you expressly agree your use of any public forum made available to you through the Service is at your own risk.

You agree that under no circumstances will we be liable to you or any other person or entity for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, the Service or the information contained therein, even if previously advised of the possibility of such damages.   In no event will any liability of China SignPost or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by us exceed the amount, if any, paid by you to us for the particular Service to which the claim relates.

Some states do not allow the limitation of liability, so the limitations above may not apply to you.

While we strive to protect your information in accordance with our Privacy Policy, we can not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other user content stored on our equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Service, for any reason.  The restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with our services, your sole remedy is to terminate your subscription and use of the Service.  You may terminate your subscription at any time by contacting us at info@chinasignpost.com.

Jurisdiction & Severability

We operate the Service from our offices within the United States. We make no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.

These Terms are personal to each user of the Services, and are not assignable, transferable, or sublicensable by you except with our express prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

These Terms will be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises.  In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and us concerning your use of the Service.

How To Contact Us

Should you want to talk to us about these Terms, please contact us at 1620 Sudbury Road, STE 1, Concord, MA 01742 or at info@chinasignpost.com.

Last Updated: January 20, 2014