|
Web Hosting Terms of Service
1.
ACCEPTANCE OF TERMS
Welcome
to Gelong!. Gelong provides its service to You,
subject to the following Terms of Service ("TOS").
We may amend this Agreement at any time by posting
the amended terms on Our Site (please see Paragraph
22 for more details). The amendment shall automatically
become effective three (3) days after they are initially
posted on Our Site. This Agreement may not be otherwise
be amended except in a writing signed by both You
and Us. You can review the TOS at any time at the
following address: http://www.Gelong.com/main/term.asp.
In addition, when using particular Gelong services,
You shall be subject to any posted guidelines or
rules applicable to such services, which may be
posted from time to time. All such guidelines or
rules are hereby incorporated by reference into
this TOS.
Gelong
provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You
can review the most current version of the TOS at
any time at: http://www.Gelong.com/main/term.asp.
All such guidelines or rules are hereby incorporated
by reference into the TOS. Gelong also may offer other
services, such as Gelong Azb2c shopping Store, Gelong
Azb2b Wholesale online catalog and other web programming
site.
2.
DESCRIPTION OF SERVICE
Gelong
currently provides users with access to a rich collection
of resources, including, forums, shopping cart programming
services, azb2b wholesale online catalog, and other
web programming through its network of properties
(the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance
the current Service, including the release of new
Gelong properties, shall be subject to the TOS. You
understand and agree that the Service is provided
"AS-IS" and that Gelong 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 Service
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 Service.
Please
be aware that Gelong has created certain areas on
the Service that contain adult or mature content.
You must be at least 18 years of age to access and
view such areas.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's
registration form (such information being 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 Gelong has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, Gelong has the right to suspend or terminate
your account and refuse any and all current or future
use of the Service (or any portion thereof). Gelong
is concerned about the safety and privacy of all its
users, particularly children. For this reason, parents
of children under the age of 13 who wish to allow
their children access to the Service must create a
Gelong Family Account. When you create a Gelong Family
Account and add your child to the account, you certify
that you are at least 18 years old and that you are
the legal guardian of the child/children listed on
the Gelong Family Account. By adding a child to your
Gelong Family Account, you also give your child permission
to access all of the Services including, email, message
boards, clubs, instant messages and chat (among others).
Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any
of the Services and/or Content (as defined in Section
6 below) are appropriate for your child.
4. GELONG.COM PRIVACY POLICY
Registration
Data and certain other information about you is subject
to our Privacy Policy.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive
a password and account designation upon completing
the 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 Gelong 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. Gelong cannot
and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You
understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages
or other materials ("Content"), whether
publicly posted or privately transmitted, are the
sole responsibility of the person from which such
Content originated. This means that you, and not Gelong,
are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available
via the Service. Gelong does not control the Content
posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may
be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Gelong
be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any
Content, or for 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 Service.
You
agree to not use the Service to:
a. 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but
not limited to, a Gelong official, forum leader, guide
or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
e. 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);
f. 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;
g. 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 rooms) that are designated
for such purpose;
h. 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;
i. disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
l. "stalk" or otherwise harass another;
or
m. collect or store personal data about other users.
You
acknowledge that Gelong does not pre-screen Content,
but that Gelong and its designees shall have the right
(but not the obligation) in their sole discretion
to refuse or move any Content that is available via
the Service. Without limiting the foregoing, Gelong
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 Gelong
or submitted to Gelong, including without limitation
information in Gelong! Message Boards, Gelong! Clubs,
and in all other parts of the Service.
You acknowledge and agree that Gelong may preserve
Content and may also disclose Content if required
to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights,
property, or personal safety of Gelong, its users
and the public.
You
understand that the technical processing and transmission
of the Service, 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.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission
of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
Gelong
does not claim ownership of Content you submit or
make available for inclusion on the Service. However,
with respect to Content you submit or make available
for inclusion on publicly accessible areas of the
Service, you grant Gelong the following world-wide,
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 Gelong!
Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes
of providing and promoting the specific Gelong! 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 Service
and will terminate at the time you remove or Gelong
removes such Content from the Service.
With
respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible
area of the Service other than Gelong! Groups, the
license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content
on the Service 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 Service and will terminate
at the time you remove or Gelong removes such Content
from the Service.
With
respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion
on publicly accessible areas of the Service other
than Gelong! 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 Service
are those areas of the Gelong network of properties
that are intended by Gelong to be available to the
general public. By way of example, publicly accessible
areas of the Service would include Gelong! Message
Boards and portions of Gelong! Clubs and Gelong! Groups
that are open to both members and visitors. However,
publicly accessible areas of the Service would not
include portions of Gelong! Groups that are limited
to members, Gelong services intended for private communication
such as Gelong! Mail or Gelong! Messenger, or areas
off of the Gelong network of properties such as portions
of World Wide Web sites that are accessible through
Gelong! Webring but are not hosted or served by Gelong.
9.
INDEMNITY
You
agree to indemnify and hold Gelong, and its subsidiaries,
affiliates, officers, agents, co-branders or other
partners, and employees, 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 or make available through
the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your
violation of any rights of another.
10.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the
Service.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Gelong may establish general practices
and limits concerning use of the Service, including
without limitation the maximum number of days that
email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum
number of email messages that may be sent from or
received by an account on the Service, the maximum
size of any email message that may be sent from or
received by an account on the Service, the maximum
disk space that will be allotted on Gelong's servers
on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the
Service in a given period of time. You agree that
Gelong has no responsibility or liability for the
deletion or failure to store any messages and other
communications or other Content maintained or transmitted
by the Service. You acknowledge that Gelong reserves
the right to log off accounts that are inactive for
an extended period of time. You further acknowledge
that Gelong reserves the right to change these general
practices and limits at any time, in its sole discretion,
with or without notice.
12.
MODIFICATIONS TO SERVICE
Gelong
reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without
notice. You agree that Gelong shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the Service.
13.
TERMINATION
You
agree that Gelong, in its sole discretion, may terminate
your password, account (or any part thereof) or use
of the Service, and remove and discard any Content
within the Service, for any reason, including, without
limitation, for lack of use or if Gelong believes
that you have violated or acted inconsistently with
the letter or spirit of the TOS. Gelong may also in
its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without
notice. You agree that any termination of your access
to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge
and agree that Gelong may immediately deactivate or
delete your account and all related information and
files in your account and/or bar any further access
to such files or the Service. Further, you agree that
Gelong shall not be liable to you or any third-party
for any termination of your access to the Service.
if your hosting services fee over
due two months,
and we still not receive your hosting services payment,
your hosting services will be termination, or your
hosting services will be deactivate, or delete your
account.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found
on or through the Service, including payment and delivery
of related goods or services, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and such
advertiser. You agree that Gelong shall not be responsible
or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The
Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because Gelong has no control over such sites and
resources, you acknowledge and agree that Gelong is
not responsible for the availability of such external
sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising,
products, or other materials on or available from
such sites or resources. You further acknowledge and
agree that Gelong 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, goods or services
available on or through any such site or resource.
16. Gelong'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary
software used in connection with the Service ("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 sponsor advertisements or information
presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except
as expressly authorized by Gelong or advertisers,
you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the
Service or the Software, in whole or in part.
Gelong
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 of, 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, or to use modified versions of the Software,
including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You
agree not to access the Service by any means other
than through the interface that is provided by Gelong
for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Gelong 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.
b. Gelong MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Gelong OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
18.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Gelong SHALL
NOT BE LIABLE 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 Gelong
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
19. 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 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR 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 Service concerning companies, stock quotes,
investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service
is provided for informational purposes only, and no
Content included in the Service is intended for trading
or investing purposes. Gelong and its licensors shall
not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or
made available via the Service, and shall not be responsible
or liable for any trading or investment decisions
made based on such information.
21.
NOTICE
Notices
to you may be made via either email or regular mail.
The Service may also provide notices of changes to
the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Gelong, the Gelong logo, Gelong in Chinese Characters,
My Gelong!, service marks, and other Gelong! logos
and product and service names are trademarks of Gelong!
Inc. (the "Gelong Marks"). Without Gelong's
prior permission, you agree not to display or use
in any manner, the Gelong Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Gelong
respects the intellectual property of others, and
we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes
copyright infringement, or your intellectual property
rights have been otherwise violated, please provide
Gelong's Copyright Agent the following information:
an
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or
other intellectual property interest;
a
description of the copyrighted work or other intellectual
property that you claim has been infringed;
a
description of where the material that you claim is
infringing is located on the site;
your
address, telephone number, and email address;
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;
a
statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and
that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual
property owner's behalf.
Gelong's Agent for Notice of claims of copyright or
other intellectual property infringement can be reached
as follows:
By mail:
9051 valley blvd, #106
Rosemead , CA 91770
By phone: (626) 593-7338
By web: www.Gelong.com
24.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and
Gelong and govern your use of the Service, superceding
any prior agreements between you and Gelong. You also
may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship
between you and Gelong shall be governed by the laws
of the State of California without regard to its conflict
of law provisions. You and Gelong agree to submit
to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California.
The failure of Gelong to exercise or enforce any right
or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action
arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The
section titles in the TOS are for convenience only
and have no legal or contractual effect.
25.
VIOLATIONS
Please
report any violations of the TOS to our Customer Care
group.
|