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Terms and Conditions
Hua Yuan Science & Technology Association
This Agreement was last revised on July 29, 2007.
Welcome to hysta.org (or huayuan.org), the website of Hua Yuan Science & Technology Association (HYSTA, "we," or "us"). HYSTA provides information and resources to promote entrepreneurialism, networking and career development among Chinese professionals in Silicon Valley and mainland China. This document explains the terms and conditions for using our web site (the "Internet Service") and participating in events presented, sponsored, or promoted by HYSTA ("Events") (collectively "the Service"). By accessing or using our Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement" or "Terms of Use") and have read and understood our current Privacy Policy , whether or not you are a registered member of HYSTA. We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
USE OF OUR SERVICE
HYSTA grants you permission to use the Service as set forth in this Agreement, provided that: (i) you are at least 18 years of age; (ii) you will not copy, distribute, or disclose any part of the Service in any medium; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iv) you will use the Service for your own personal, non-commercial use only; and (v) you will otherwise comply with the terms and conditions of this Agreement and our Privacy Policy.
In order to access some features of the Service, including the membership area, you must become a member of HYSTA and create an account on the Service. If you join HYSTA and register as a member on the Service, you represent that your registration information is truthful, accurate and complete. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HYSTA immediately of any breach of security or unauthorized use of your account. Although HYSTA will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of HYSTA or others due to such unauthorized use.
By providing HYSTA your email address, you consent to our using the email address to send you Service-related notices, including among other things to notify you of any security breach, instead of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including newsletters and notices of upcoming events. If you do not want to receive such email messages, you may opt out by sending an email message to support@hysta.org with the word "Unsubscribe" in the subject field or by sending mail.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Internet Service in a manner that sends more request messages to the HYSTA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes except as expressly permitted herein.
HYSTA may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in HYSTA's sole determination, you violate any of the Agreement, including the following prohibited actions; (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Internet Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Internet Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other users of the Service. HYSTA is not a party to such interactions and disclaims all liability arising therefrom.
Our Proprietary Rights. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, data, graphics, illustrations, logos, photographs, audio, videos and music (the "Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of HYSTA and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create an assignment, transfer, or license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, ¡°Intellectual Property Rights¡± means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. HYSTA reserves all rights not expressly granted herein in the Service. HYSTA may terminate this license at any time for any reason or no reason.
Displaying Our Emblem. If HYSTA provides an emblem or logo ("Emblem") and written consent, then you are granted the nonexclusive, worldwide right and license to publicly display our Emblem on your website. The Emblem may not be altered or merged with other emblems or trademarks. If HYSTA requires you to remove the Emblem and stop using it for any reason, you will immediately do so.
Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content from below our top-most URL. You may link to the home page of our website. You will remove any such link that we find objectionable promptly upon request.
Privacy. We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
EVENTS
HYSTA presents and sponsors Events to provide education, career development, and networking opportunities to its members and the community. Our Events listing offers information about upcoming events sponsored by HYSTA. ALL EVENT INFORMATION, DESCRIPTIONS, AND PRICES ARE PROVIDED ON AN "AS-IS" and "AS-AVAILABLE" BASIS. HYSTA is not responsible for any loss, damage, liability, expense or other problem or cost that you may incur or that may arise as a result of any Event, the content of the Event, the Event being cancelled, or as a result of, or any change in, the subject matter, location, or time of the Event, or change in the speakers, panelists, participants, facilities, or equipment used for the Event.
All Event reservations are subject to our approval and acceptable payment methods or terms. Unless otherwise agreed, prices are payable in U.S. dollars by major credit card, certified check or money order. Prices and availability of items are subject to change without notice. Event reservation or membership purchases may be cancelled within three days of purchase for a full refund or to the extent allowed by applicable law.
SUBMISSIONS
We may invite you to submit your news or comments of interest to the HYSTA community ("Submissions") for possible publication or use on our site, in our newsletters, or elsewhere. All Submissions you submit or offer to HYSTA shall become and remain the exclusive property of HYSTA and you relinquish all rights to such Submissions. HYSTA may use the Submissions in any medium and for any purpose worldwide, without obtaining your specific consent. You hereby grant us permission to use the name of any person and/or entity identified as the submitter of the Submission in connection with the Submission. HYSTA is under no obligation to use or publish your Submissions, to pay to you any compensation for any Submissions submitted, or to respond to any of your Submissions. HYSTA reserves the right to edit your Submissions in its sole discretion.
In connection with each Submission, you affirm, represent and warrant the following:
a. You are at least 18 years of age, and are fully able and competent to enter into this Agreement.
b. You have the written consent of each and every identifiable natural person in the Submission to use such person¡¯s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your Submission and HYSTA's use thereof as contemplated by this Agreement and the Service will not violate any applicable law or infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
THIRD PARTY WEBSITES AND SERVICES
HYSTA may contain links to third-party websites or services that are not owned or controlled by HYSTA. HYSTA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, HYSTA will not and cannot censor or edit the content of any third-party website or service. By using the Internet Service, you expressly relieve HYSTA from any and all liability arising from your use of any third-party website or services or third party owned content. Accordingly, we encourage you to be aware of when you leave the Internet Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
WARRANTIES & LIABILITIES
Disclaimer of Warranty. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, SERVICES, AND EVENTS) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HYSTA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
HYSTA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HYSTA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HYSTA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYSTA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL HYSTA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYSTA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HYSTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. HYSTA makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE THE AMOUNT, IF ANY, ACTUALLY PAID TO THE SERVICE BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
Indemnification. You agree to defend, indemnify and hold harmless HYSTA and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party¡¯s access and use of the Service with your unique username, password or other appropriate security code.
GENERAL
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over HYSTA, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and HYSTA that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.
Entire Agreement/Severability. This Agreement, together with our Privacy Policy and any other legal notices published by HYSTA on the Service, shall constitute the entire agreement between you and HYSTA concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HYSTA's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.