These Terms govern your access to and use of the Site and the provided course(s) and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and provided course(s) (“Content”), and constitute a binding legal agreement between you and ShanghaiLayers.
ShanghaiLayers reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or provided course(s) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the provided course(s) or provide you with notice of the modification. By continuing to access or use the Site or the provided course(s) after we have posted a modification on the Site or through the provided course(s) or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the provided course(s).
The ShanghaiLayers Service allows potential students to find classes that they are interested in taking.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
You acknowledge and agree that, by accessing or using the site or the course content or by downloading any content from or on the site or through the provided course(s), you are indicating that you have read, understand and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the site, provided course(s) or content.
The Site and provided course(s)s are intended solely for persons who are 16 or older. Any access to or use of the Site or provided course(s) by anyone under 16 requires a parental agreement. By accessing or using the Site or provided course(s) you represent and warrant that you are 16 or older.
In order to access certain features of the provided course(s), you must register to create an “Account” to become a “ShanghaiLayers User”. We will create your Account for your use of the provided course(s) based upon the personal information that you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ShanghaiLayers reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify ShanghaiLayers of any unauthorized use of your Account.
The Site, provided course(s) and Content are protected by copyright, trademark, and other laws of the P.R. of China and foreign countries. ShanghaiLayers and its licensors exclusively own all right, title and interest in and to the Site, provided course(s) and Content, including all associated intellectual property rights therein. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, provided course(s) or Content.
If you decide to use any provided course(s), subject to your compliance with the terms and conditions of these Terms, ShanghaiLayers grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such provided course(s) on a mobile device that you own or control, solely for your personal and non-commercial purposes. ShanghaiLayers reserves all rights in the provided course(s) not expressly granted to you by these Terms.
The provided course(s) incorporates or is distributed with certain code licensed under one or more open source licenses. The Open Source Code is licensed to you in accordance with the applicable open source license(s). To the extent that any of the terms and conditions of these Terms conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
Subject to your compliance with the terms and conditions of these Terms, ShanghaiLayers grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and use any Content solely for your personal and non-commercial purposes. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, provided course(s) or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ShanghaiLayers or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and provided course(s) (“Feedback”). You may submit Feedback by emailing us at info@ShanghaiLayers.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ShanghaiLayers and you hereby irrevocably assign to ShanghaiLayers and agree to irrevocably assign to ShanghaiLayers all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as ShanghaiLayers may reasonably request to assist ShanghaiLayers to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
Post, upload, publish, submit, provide access to or transmit any text, graphics, images, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site or provided course(s), or any individual element within the Site or provided course(s), the ShanghaiLayers or ShanghaiLayers name, any ShanghaiLayers trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Site or provided course(s), our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any ShanghaiLayers system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ShanghaiLayers or any of our providers or any other third party (including another user) to protect the Site, provided course(s) or Content;
Attempt to access or search the Site, provided course(s) or Content or download Content from the Site or provided course(s) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ShanghaiLayers or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a ShanghaiLayers trademark, logo URL or product name without ShanghaiLayers’s express written consent;
Use the Site, provided course(s) or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, provided course(s) or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, provided course(s) or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or provided course(s);
Collect or store any personally identifiable information from the Site or provided course(s) from other users of the Site or provided course(s) without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
ShanghaiLayers has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ShanghaiLayers may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ShanghaiLayers has no obligation to monitor your access to or use of the Site, provided course(s) or Content, but has the right to do so for the purpose of operating the Site and provided course(s), to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ShanghaiLayers reserves the right, at any time and without prior notice, to remove or disable access to any Content that ShanghaiLayers, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or provided course(s).
If you breach any of these Terms, ShanghaiLayers will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. ShanghaiLayers reserves the right to revoke your access to and use of the Site, provided course(s) and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to firstname.lastname@example.org. The following provisions will survive termination of this Agreement: Ownership, Feedback, General Prohibitions, Disclaimers, Indemnity, Limitation of Liability, Proprietary Rights Notices, Controlling Law and Jurisdiction, Entire Agreement, Assignment and General.
THE SITE, PROVIDED COURSE(S) AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHANGHAILAYERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHANGHAILAYERS MAKES NO WARRANTY THAT THE SITE, PROVIDED COURSE(S) OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SHANGHAILAYERS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR PROVIDED COURSE(S) OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR PROVIDED COURSE(S).
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR PROVIDED COURSE(S) AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR PROVIDED COURSE(S). YOU UNDERSTAND THAT SHANGHAILAYERS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR PROVIDED COURSE(S), NOR DOES SHANGHAILAYERS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR PROVIDED COURSE(S). SHANGHAILAYERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR PROVIDED COURSE(S) OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR PROVIDED COURSE(S). YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR PROVIDED COURSE(S) AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR PROVIDED COURSE(S), PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold ShanghaiLayers, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, provided course(s) or Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, PROVIDED COURSE(S) AND CONTENT REMAINS WITH YOU. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PROVIDED COURSE(S), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, PROVIDED COURSE(S) OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR PROVIDED COURSE(S) OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR PROVIDED COURSE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHANGHAILAYERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND/OR PROVIDED COURSE(S) OR CONTENT EXCEED Ten Yuan (RMB10). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHANGHAILAYERS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms and any action related thereto will be governed by the laws of the P.R. of China without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Shanghai and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive understanding and agreement between ShanghaiLayers and you regarding the Site, provided course(s)s and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ShanghaiLayers and you regarding the Site, provided course(s) and Content. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ShanghaiLayers may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of the provided course(s) or the Site. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will given by us: (x) via email (in each case to the address that you provide, if applicable) or (y) by posting to the Site or through the provided course(s). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure of ShanghaiLayers to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. If you have any questions about these Terms or any questions, complaints or claims with respect to the provided course(s), please contact ShanghaiLayers at using the provided contact information on this website.