TERMS OF USE
PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THE ENCOUNTERSCHINESE.COM WEBSITE (HEREIN THE “ENCOUNTERS SERVICE”). BY USING THE ENCOUNTERS SERVICE, YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS AS WELL AS ANY UPDATES OR REVISIONS THAT ARE POSTED FROM TIME TO TIME.
Changes to the Terms of Use
Yale may, at any time and in its sole discretion, update or revise the Terms. Any such updates or revisions shall be posted on this site and shall be effective on posting. You are responsible for reviewing the Terms on a regular basis and Your continued use of this site constitutes Your agreement to any such changes to the Terms.
About the Encounters Service
The Encounters Service consists of the EncountersChinese.com website and all content therein including, but not limited to, the Encounters Content and any User Generated Content to which You gain access as an EncountersChinese.com user. “User(s)” means You and all other individuals who access and use the Encounters Service and agree to these Terms. The Encounters Content means all materials and content within the Encounters Service that are not User Generated Content, regardless of the identity of the content owner (Yale, an affiliated provider or other third party), including without limitation the Resources Content, and any text, images, photographs, graphics, audio, animation and video and other materials accessed through or made available for use or download within the Encounters Service.
Registration of User Accounts
When You register for a user account and agree to these Terms, Yale grants You a non-exclusive, non-transferable right to access and use the Encounters Service via the internet, using a supported and properly configured web browser, either for examination, as a paid individual user, or in connection with an authorized educational or other entity where You are enrolled, employed or otherwise affiliated with. Pursuant to this account, Yale allows You to post, store, access and download You own User Generated Content and to use Encounters Content and others User Generated Content in accordance with these Terms and, if applicable, further terms as determined by Your user privileges subject to the applicable terms and/or agreements. When registering for a user account, You agree to provide Yale with complete and accurate information and keep this information up to date. Yale may reject or cancel any User Account that Yale determines in our discretion is unacceptable for use on the Encounters Service.
Your Responsibilities and Conduct
The Encounters Service is provided only for Your own single, individual and personal use (e.g. classroom accounts, school accounts, and other pooling accounts are not allowed) and may not be used in connection with any commercial purpose(s), except as specifically approved in writing by Yale. Any unauthorized use of the Encounters Service is expressly prohibited.
You acknowledge and agree that (a) You are solely responsible for compliance with all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws) in connection with Your access to the Encounters Service and (b) that You shall comply with all of the provisions of these Terms, including the Privacy Policy and any further licenses and agreements You enter into regarding Your access to the Encounters Service.
You are responsible for all activity that occurs on Your account. You may not share Your Encounters User ID or password with anyone. You agree to notify Yale immediately in writing of any unauthorized use of Your account, or other account related security breach of which You are aware or of which You should be aware.
Permitted Uses
You may view and use the sections of the EncountersChinese.com website to which You have been given access by Yale. Unless otherwise indicated (in the Terms or otherwise on the site), You may make one complete and unmodified paper printout of any page on this website to which You have been given access, provided that You use it solely for personal, noncommercial purposes and that You include all copyright and trademark markings included on the webpage.
Use of Resources Content
Notwithstanding the foregoing, Users may use, display, reproduce and access “Resources Content” which shall include, without limitation additional supplementary materials to the Encounters Service as provided by Yale for the following permitted purposes provided You abide by any restrictions within the Terms:
(a) classroom or organizational instruction and related classroom or organizational activities for classes who have adopted the program and students who have purchased the corresponding Encounters Student Books;
(b) as part of a scholarly, cultural, educational or organizational presentation or workshop or collaboration, comment, or the scholarly exchange of ideas if such use conforms to the customary and usual practice in the field;
(d) on an ad-hoc basis and without commercial gain and not in a manner that would substitute for direct access to the Encounters Service.
Please email any inquiries about what is acceptable use of Encounters Content, including but not limited to Resources Content to: encounters.chinese@yale.edu. Please understand that due to the volume of communications received, responses will be made on a best effort basis.
User Generated Content
For purposes of these Terms, “User Generated Content” shall include, without limitation, text, communications, survey responses, discussion board posts, other feedback, images, works of authorship and other materials that You and/or other Users of the Encounters Service make available on the EncountersChinese.com website.
By posting, publishing or otherwise making such User Generated Content available on the Encounters Service, You represent and warrant that You are the owner and hold all necessary rights in such User Generated Content and that such content conforms to the requirements and restrictions contained herein and further that You indemnify and hold harmless Yale from any claim or demand made by a third party due to or arising out of Your posted User Generated Content. You further agree that by uploading, posting or publishing User Generated Content to the Encounters Service, You assign any and all rights to Yale, including without limitation a perpetual, nonexclusive, worldwide, royalty-free, irrevocable, and transferable right to exercise the copyright, publicity and any other rights You have in Your User Generated Content in any media now or in the future, in order for us to us to store, display and distribute Your User Generated Content through the Encounters Service or other electronic or print mediums.
Yale accepts no responsibility for any User Generated Content. Yale disclaims all warranties with regard to User Generated Content; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall Yale be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the use or performance of any User Generated Content. Any User Generated Content downloaded or otherwise obtained through the Encounters Service is done at Your own discretion and risk and You are solely responsible for any damage to Your computer system, loss of data or any other damage or loss that results from the download of any such material. You acknowledge that Yale does not endorse any User Generated Content and does not guarantee that any User Generated Content will be made available, whether continuously or at all. You further acknowledge that Yale shall have no obligation to monitor any User Generated Content. However, Yale and its agents shall have the right to monitor any User Generated Content from time to time for any lawful purpose and may, without notice to You, remove, delete, or edit any User Generated Content.
Yale reserves the right to terminate access of any user account of the Encounters Service who does not abide by these Terms related to User Generated Content or any other Encounters terms or policies.
Termination
If You breach any Terms, Yale reserve the right to terminate Your authorization to access and use the Encounters Service, and Yale may require You to immediately destroy any downloaded or printed materials. In addition, Yale may terminate Your access to all or any part of the Encounters Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your user account or use of the Encounters Service at any time, provided that all provisions of these Terms which by their nature should survive termination shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination of Your user account or your use of the Encounters Service, Your right to use the Encounters Service, access the EncountersChinese.com website and any content will cease.
Prohibited Uses
Notwithstanding anything to the contrary, You agree that You will not: (i) take any action that imposes, or may impose in Yale’s sole discretion an unreasonable or disproportionately large load on Yale’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Encounters Service or any activities conducted on the Encounters Service; (iii) bypass any measures Yale may use to prevent or restrict access to the Encounters Service, other accounts, or computer systems or networks connected to the Encounters Service; or (iv) interfere with any other user’s use of the Encounters Service.
You shall not (and You shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Encounters Service or any content available through the EncountersChinese.com website (except to the limited extent applicable laws specifically prohibit such restriction); nor shall You publish, rent, sell, assign, sublicense, disclose or otherwise transfer, distribute or grant rights in the Encounters Service or information about the design or functionality of the Encounters Service to any third party without prior written consent of Yale.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Encounters Service in a manner which sends more request messages to the Encounters server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials. Yale reserves the right to monitor Your usage of the Encounters Service. Notwithstanding the foregoing, Yale grants the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials that Yale may make publicly-available, but not caches or archives of such materials; provided that, Yale reserves the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Encounters Service, including, without limitation, information about other users of the Encounters Service. The use of any information learned through the Encounters Service or while in the EncountersChinese.com website is limited to the express purposes set forth in these Terms of Use; all other uses are strictly prohibited.
Except as expressly authorized herein, You shall not copy or otherwise display any portion of the EncountersChinese.com website or any of its contents. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Yale in our sole discretion.
Yale’s Intellectual Property Rights
Yale owns all rights, titles and interests, including any related Intellectual Property Rights, in and to Encounters Content, excluding any content, which may be owned by a third party content owner. These Terms do not give You title to or ownership of any Encounters Content, or any copies thereof, but only a right of limited use under these Terms. Any permitted copies of Encounters Content must contain any copyright or other proprietary rights notices contained in the original and an original source attribution to Encounters with the applicable URL address. Yale owns and has the unrestricted rights to implement and use any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to Encounters, which are provided by You or any other party.
Yale, Yale University, Encounters and associated trademarks, servicemarks, logos and design elements are owned by Yale University. All rights reserved. Yale trademarks may not be used except to provide attribution as specified above.
Links to Third Party Websites
Yale or Users may provide links on this website to other websites owned by third parties. Unless otherwise stated, Yale does not endorse or control these third parties and takes no responsibility for them or their websites.
Release of Yale from User Claims
By using this site, You release Yale, its subsidiaries, affiliates, officers and employees, from all claims, demands, and liability of every kind and nature, arising out of or in any way connected to the site.
Warranty Disclaimer
THE ENCOUNTERS SERVICE IS PROVIDED BY YALE “AS IS” AND “AS AVAILABLE”. YALE MAKES NO AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ENCOUNTERS SERVICE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE ENCOUNTERS SERVICE (EXCEPT AS MAY BE EXPLICITLY SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
Indemnity
You agree to indemnify and hold Yale, its subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from and against any claim or demand made by any third party due to or arising out of (i) Your use of or access to the Encounters Service, ,(ii) the violation of these Terms by You, or (iii) the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
Limitation of Liability
IN NO EVENT SHALL YALE BE LIABLE TO A USER OR ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE ENCOUNTERS SERVICE, OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE ENCOUNTERS SERVICE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, EVEN IF YALE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF DAMAGES SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, YALE’S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Privacy Policy
Your use of the Encounters Service and any information submitted therein is subject to the Encounters Privacy Policy available at http://www.encounterschinese.com/content/privacy-policy. Yale shall maintain the privacy of Your personal information in accordance with such Privacy Policy. Yale will not be liable for the privacy of any User Generated Content or other information published by any User on the site, including without limitation, e-mail addresses, registration and identification information, personal information, confidential or trade-secret information, or any other User Generated Content stored on Yale’s equipment, transmitted over networks accessed by the EncountersChinese.com website, or otherwise connected with Your use of the Encounters Service.
International Use
You further acknowledge that use of the Encounters Service is restricted to Users residing in the U.S. including its territories, Canada, European countries (excluding Russia), Australia and New Zealand. The right to access the Encounters Service is revoked in all other jurisdictions.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New Haven, CT, United States of America for any claim or action arising out of or relating to these Terms or Your use of the Encounters Service.
Miscellaneous
These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Yale to exercise or enforce any of its rights under these Terms will act as a waiver of such rights. These Terms are not assignable, transferable or sublicensable by You except with Yale’s prior written consent. Yale may transfer, assign or delegate these Terms and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms and You do not have any authority of any kind to bind Yale in any respect whatsoever.
Digital Millennium Copyright Act Notice
In accordance with the Digital Millennium Copyright Act (aka DMCA), Yale has designated an agent to receive notification of alleged copyright infringement occurring on webpages or computer servers in the yale.edu domain. If You believe that Your copyrighted work is being infringed on the Encounters website, please notify Yale’s designated agent:
H. Morrow Long, University Information Security Officer
Information Technology Services
100 Church St So; PO Box 208065; New Haven, CT 06520-8065
Yale University email (preferred): copyright-list@pantheon.yale.edu
Your DMCA notice should be in writing and include the following information:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit Yale to locate that material.
3. Provide Your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that You have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
5. Certify that the information that You have provided Yale is accurate. You should attest under penalty of perjury that You are authorized to enforce the copyrights that You allege have been infringed.
6. Include Your physical or electronic signature.
Effective Date: November 9, 2011.
