This agreement (the "Agreement") is entered into by and between you ("you"), and the website 15minutes4u.com as well as its authors who respond to your questions or comments submitted to 15minutes4u.com (together known as “15minutes4u.com”), regarding your use of the 15minutes4u.com’s services (the "Service"). By submitting such a question or comment to the Service, you are entering into this Agreement with 15minutes4u.com, and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use the Services. You may not use the Services or accept terms of the Agreement if (a) you are not of legal age to form a binding contract with 15minutes4u.com, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provision of Services
15minutes4u.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which 15minutes4u.com provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that 15minutes4u.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at 15minutes4u.com’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform 15minutes4u.com when you stop using the Services.
You acknowledge and agree that if 15minutes4u.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while 15minutes4u.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by 15minutes4u.com at any time, at 15minutes4u.com’s discretion.
Not Professional Advice
Information provided via the Services is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you submit a question or comment on such a topic, we will assume you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your state or country.
Proper Use
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not submit questions or comments that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, contain viruses, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to submit questions or comments designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute questions, comments, responses or answers for any public or commercial purpose without the written permission of 15minutes4u.com. 15minutes4u.com does not edit, screen, filter, modify, or otherwise monitor the content of questions or comments in advance of initially posting or displaying such content on the Service. 15minutes4u.com takes no responsibility for third party content, nor does 15minutes4u.com have any obligation to monitor such third party content. Nonetheless, 15minutes4u.com reserves the right not to respond to or Use questions or comments that violate the foregoing conditions and to delete or edit questions or comments, in whole or in part, from the Service at any time for any reason. Further 15minutes4u.com reserves the right to refuse service to anyone at any time without notice for any reason and to remove objectionable or personally identifiable information from any comments or research questions in its Use of such questions and/or comments. 15minutes4u.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
You agree to use the Services only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by 15minutes4u.com, unless you have been specifically allowed to do so in a separate agreement with 15minutes4u.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Content
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to 15minutes4u.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by 15minutes4u.com or by the owners of that Content, in a separate agreement.
15minutes4u.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that 15minutes4u.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which 15minutes4u.com may suffer) by doing so.
Proprietary rights and intellectual property rights
You acknowledge and agree that 15minutes4u.com (or 15minutes4u.com’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by 15minutes4u.com and that you shall not disclose such information without 15minutes4u.com’s prior written consent.
Subject to the Use or other licenses and rights You may grant to 15minutes4u.com as described in this Agreement, 15minutes4u.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that 15minutes4u.com has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by 15minutes4u.com, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to 15minutes4u.com for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify 15minutes4u.com immediately by mailing us at services@15minutes4u.com.
Privacy and your personal information
You must be aware that all your questions and responses, comments or suggestions to your questions will be available to the public the moment they are submitted to 15minutes4u.com and therefore no privacy can be expected. If privacy is a concern to you, you are strongly recommended not to use Service but to seek professional assistance from a lawyer.
15minutes4u.com has no obligation but reserves the right to modify or delete any question that may be viewed not appropriate for the public to view or not to respond to such questions. 15minutes4u.com cannot be held liable or accept any liability for any information a user submits to the website.
15minutes4u.com collects personal information when you register with 15minutes4u.com, when you use 15minutes4u.com products or services, when you visit 15minutes4u.com pages or the pages of certain 15minutes4u.com partners, and when you enter promotions or sweepstakes. 15minutes4u.com may combine information about you that we have with information we obtain from business partners or other companies.
When you register we may ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. For some financial products and services we might also ask for your address, Social Security number, and information about your assets. When you register with 15minutes4u.com and sign in to our services, you are not anonymous to us.
15minutes4u.com collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.
15minutes4u.com automatically receives and records information from your computer and browser, including your IP address, 15minutes4u.com cookie information, software and hardware attributes, and the page you request and the use pattern.
15minutes4u.com uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. You must be older than 18 years old to use this Service.
15minutes4u.com does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with 15minutes4u.com under confidentiality agreements. These companies may use your personal information to help 15minutes4u.com communicate with you about offers from 15minutes4u.com and our marketing partners, or may use such information for their independent business purposes that are not under 15minutes4u.com’s control. You hereby expressly agree to such sharing and use of your personal information, as described in this paragraph or elsewhere in this Agreement..
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of 15minutes4u.com's terms of use, or as otherwise required by law.
We transfer information about you if 15minutes4u.com is acquired by or merged with another company. In this event, 15minutes4u.com will notify you by posting the acquisition or merger at the website. You hereby expressly consent to such merger or acquisition as long as the company resulted from the merger or acquisition would not treat your rights and obligations, as well as your rights related to privacy, materially different from what is contemplated in this Agreement.
15minutes4u.com displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.
15minutes4u.com does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
15minutes4u.com advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
15minutes4u.com may set and access 15minutes4u.com cookies on your computer.
15minutes4u.com lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one.
You can edit your 15minutes4u.com Account Information, including your marketing preferences, at any time. New categories of marketing communications might be added to the Marketing Preferences page from time to time where applicable. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
We reserve the right to send you certain communications relating to the 15minutes4u.com service, such as service announcements, administrative messages and the 15minutes4u.com Newsletter, that are considered part of your 15minutes4u.com account, without offering you the opportunity to opt out of receiving them.
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs or any other business partners as we feel appropriate to promote the benefits and business of 15minutes4u.com.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
15minutes4u.com may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your 15minutes4u.com account or by placing a prominent notice on our site.
Confidentiality and Use of Information
The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Furthermore, 15minutes4u.com shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") your questions, comments, and/or the corresponding responses or answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. 15minutes4u.com will not, however, publicly disclose your questions or comments in a manner that directly associates them with you (except where you include personally identifiable information in a question or comment and such question or comment is Used by 15minutes4u.com as provided).
You agree that this Use includes a right for 15minutes4u.com to make such contents produced by you available to other companies, organizations or individuals with whom 15minutes4u.com has relationships.
You understand that 15minutes4u.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your contents over various public networks and in various media; and (b) make such changes to your contents as are necessary to conform and adapt that contents to the technical requirements of connecting networks, devices, services or media.
You confirm and warrant to 15minutes4u.com that you have all the rights, power and authority necessary to authorize 15minutes4u.com to do what is described above and herein.
Ending your relationship with 15minutes4u.com
The Agreement will continue to apply until terminated by either you or 15minutes4u.com as set out below.
If you want to terminate your legal agreement with 15minutes4u.com, you may do so by (a) notifying 15minutes4u.com at any time and (b) closing your accounts for all of the Services which you use, where 15minutes4u.com has made this option available to you. Your notice should be sent, in writing, to services@15minutes4u.com.
15minutes4u.com may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) 15minutes4u.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom 15minutes4u.com offered the Services to you has terminated its relationship with 15minutes4u.com or ceased to offer the Services to you; or
(D) 15minutes4u.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by 15minutes4u.com is, in 15minutes4u.com’s opinion, no longer commercially viable.
When the Agreement comes to an end, all of the legal rights, obligations and liabilities that you and 15minutes4u.com have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Arbitration shall continue to apply to such rights, obligations and liabilities indefinitely
Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by 15minutes4u.com on the Services are subject to change without specific notice to you.
In consideration for 15minutes4u.com granting you access to and use of the Services, you agree that 15minutes4u.com may place such advertising on the Services.
Other content
The Services may include hyperlinks to other web sites or content or resources. 15minutes4u.com may have no control over any web sites or resources which are provided by companies or persons other than 15minutes4u.com.
You acknowledge and agree that 15minutes4u.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that 15minutes4u.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
15minutes4u.com may make changes to the terms of the Agreement from time to time. When these changes are made, 15minutes4u.com will make a new copy of the Agreement available at http://www.15minutes4u.com/agreement.html.
You understand and agree that if you use the Services after the date on which the terms of this Agreement have changed, 15minutes4u.com will treat your use as acceptance of the updated Agreement.
No Warranty
The information provided by 15minutes4u.com pursuant to the Services is derived from the experience of authors or researchers, publicly available search engine or other public reference sources (the "Information") and is provided by 15minutes4u.com or independent contractors ("Researchers") to assist in your research. The Information has not been verified, however, and neither 15minutes4u.com nor Researchers represent that it is accurate, correct, complete, reliable, or otherwise valid. 15minutes4u.com does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any question, comment response or answer. Further 15minutes4u.com does not endorse or support any opinion expressed in a question, comment, response or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS AND COMMENTS, IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING SUCH ITEMS. 15MINUTES4U.COM AND RESEARCHERS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL 15MINUTES4U.COM OR RESEARCHERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT 15MINUTES4U.COM OR RESEARCHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL 15MINUTES4U.COM OR RESEARCHERS BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT (THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS), RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO 15MINUTES4U.COM FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, RESPONSE OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, 15MINUTES4U.COM EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify 15minutes4u.com, and its Researchers, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 15minutes4u.com or the affected Researcher(s) will provide you with written notice of such claim, suit or action by sending the notice to an email address you submitted that you can be promptly reached.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against 15minutes4u.com and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
No Assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without 15minutes4u.com's prior written consent. Any such purported assignment or delegation by you without 15minutes4u.com's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by 15minutes4u.com at its sole and absolute discretion.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Disclaimer
The information and responses provided on 15minutes4u.com are NOT intended to be legal advice or intended to substitute for informed professional legal opinions or advice, but merely conveys general information related to legal issues commonly encountered in China. The use of this web site or any of the materials contained herein shall not constitute the establishment of any form of an attorney-client relationship between you and the author(s) of the responses or the information provided, or between you and the website of 15minutes4u.com. The author(s) cannot be held, in any way, to be liable for the information or anything provided in the responses. You are cautioned to use such information/responses at your own risks and are solely responsible for any legal decisions or actions taken or omissions committed. 15minutes4u.com or the author(s) does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers, responses or comments provided on this website.
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, 15minutes4u.com may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. 15minutes4u.com's failure to act with respect to a breach by you or others does not waive 15minutes4u.com's right to act with respect to subsequent or similar breaches. The failure of 15minutes4u.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of California as if made in California by two residents of that state. This Agreement constitutes the entire agreement between 15minutes4u.com and you with respect to the subject matter hereof.
General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement does not affect your legal relationship with these other companies or individuals.
The Agreement constitutes the whole legal agreement between you and 15minutes4u.com and govern your use of the Services (but excluding any services which 15minutes4u.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and 15minutes4u.com in relation to the Services.
You agree that 15minutes4u.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You acknowledge and agree that each member of the group of companies of which 15minutes4u.com is the parent shall be third party beneficiaries to the Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
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