Mingyian Terms of Services / User Agreement

Last updated: December 12, 2014

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.mingyian.com Website (the "Service", or “Website”) operated by Mingyian ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Privacy Policy. By accessing or using the Service you agree to be bound by these Terms and Privacy Policy. If you disagree with any part of the terms then please do not access the Website.

Mingyian's Role

This website is co-founded by Mingyian Inc. (www.mingyian.com) (hereinafter referred to as 'Mingyian'). It is operated and managed according to both parties' bilateral agreement. Chinese law states that neither of them may share your personal information by selling or through other approaches. The information you provide can only be used to help manage and analyze user feedback and execute and administer promotions, contests and rewards.

User's responsibilities and obligations

  • You agree to ensure that your behavior will not harm the Website's safety and soundness, and you will not participate in any related or commercial activities that are illegal.
  • You agree not to use the Service or Website to post, upload, transmit, display, publish or share any of the following content while using our Service or Website:
    • Promote intended for any illegal activities or copyright protected documents;
    • Violates the basic principles of Constitutional Law; Harms or may harm national security or public order; Harms China's reputation or interests;
    • Incites ethnic hatred, racial discrimination or violates national religious policies, or leaks China's intelligence secrets;
    • Distributes rumors or disturbs social order;
    • Physically threatening, graphically violent;
    • Spreads obscene, pornographic content;
    • Insults, defamatory or invasive of the privacy of any third party.
  • If you publish any Content that listed above by using our Service, we reserves the right (but undertakes no obligation) to remove and report to the authorities in accordance with applicable local law, with our sole and absolute discretion, for any other reason or for no reason, including if Mingyian determines that such Comments or User Content violate one or more of the guidelines, this Agreement or applicable law.

User Content Submission Agreement

By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, distribute, publicly display, transmit, and publish the User Content (in whole or in part) on or in connection with the Website, the promotion of the Website, and/or the promotion of our clients and/or promotional partners and their products or services.

When you publish content or information, it means that you are allowing everyone, including people off of Mingyian, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about Mingyian, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Promotion Terms

We, or our service providers, suppliers, Advertisers, clients and/or other third parties conduct promotions on or through the Website, including, without limitation, skill-based contests (“Promotions”). Each Promotion may have official rules, which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. Mingyian, in its sole discretion, may terminate any Promotion and Contest.

Mingyian is not responsible for the provision of or failure to provide the items, activities, and/or benefits described in the promotion or contest.

Links to Third-Party Websites

The Website may contain links to other websites and content operated by third parties. Such links do not mean or imply that Mingyian endorses, recommends, sponsors, or otherwise has any affiliation or relationship with any third party, and no affiliation or relationship should be presumed. Mingyian does not control and is not responsible for any aspect of such websites and content.

Monitoring Obligations

Mingyian is not responsible for content provided or published by other users, and has no obligation to pre-examine any content published on the Website. Mingyian may monitor, retain and report certain activities deemed to harm national security and public order, leak national intelligence information or be of a pornographic or violent nature in accordance with the laws of China.
During a certain period, Mingyian may record detailed information, content, and user backgrounds of Website members. Although we reserve the right, Mingyian cannot be held responsible for any issue or delay while removing material from the Website.

Membership

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Indemnified Entities shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

Membership Rewarding Scheme

We would like to thank you for using the Website. In terms of rewards from participation of activities on the Website, you will be responsible for tax (national and/ or regional), if any. After Mingyian has issued you the reward, it cannot be held responsible for any loss, theft or damage to it. Mingyian has the right to suspend, withdraw or modify the reward scheme at any time, without prior notice.

Warranty

Mingyian cannot guarantee the correctness, accuracy, reliability or other aspects of the advice, opinions, claims or other information published by users, while reserving the right to delete any content which it considers inappropriate.

Minyian and / or its agencies will endeavor to maintain the website along with its operation, however, we are not and cannot be held responsible for any consequences caused by any error in the website or during operation. In areas which the law allows, Mingyian expressly states that we cannot make guarantees in any form with regards to the website's operation, be it official or unofficial, including but not limited to any indicative warranty in the forms of marketability, applicability targeting specific usage, proprietary rights and non-infringement. Mingyian cannot make any guarantees for the following: (i) The website's operation can satisfy users' needs; (ii) Users will not have interruptions while visiting the site, the website is prompt and secure, the website does not contain any viruses, Worms, Trojan horses or other harmful units, the website does not contain any errors or mistakes; (iii) Information you receive through the website is accurate and reliable; or (iv) All defects will be fixed. If your computer or software encountered any virus, mistake or other problem while visiting the website, you (not Mingyian) shall bear all costs incurred from maintenance, restoration or repair.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Indemnification

Under no circumstances shall Mingyian and / or its agencies be liable for any direct, special, incidental, secondary, exemplary or consequential loss or damage of any kind whatsoever arising from access to, or use of this website or any information contained in it, whether these losses are due to infringement caused while fulfilling the contract, by negligence during operation or by information provided by the website, excluding cases of negligence of Mingyian and its agents and representatives and / or other employees, and /or fatalities and / or injuries caused by deception or fraud of Mingyian or its agents and representatives and / or other employees. Even if Mingyian or its authorized representatives were advised on the possibility of such damages, Mingyian is not liable of compensation for these losses. These losses include but are not limited to losses or damages caused by error, omission, interruption, defect, breach of contract, operation or delay of transmission, line failure or computer virus, Worm, Trojan horse, or other harmful units.

Any compensation or requirement made by any third party as a result of you joining Mingyian and / or violating any regulation in this agreement, you agree to defend, and compensate for Mingyian and / or be its representatives and avoid damage to its reputation.

Governing Law

This User Agreement and any dispute or complaint shall be governed and construed in accordance with the laws of People's Republic of China, without regard to its conflict of law provisions. All parties agree irrevocably to resolve any dispute or complaint (including disputes and agreements not covered by this agreement) caused by its subject or form in courts under the specific jurisdiction of the People's Republic of China.