This User Agreement governs your use of the Website and the App only and does not govern your use of other Shanghai Daily services, such as services offered by the Shanghai Daily print newspaper.
Because the Website and the App are evolving media, we may need to change, add or remove portions of this User Agreement or impose new conditions on use of the Website or the App, from time to time, in which case we will post the revised User Agreement on the Website or the App. Such modification shall be effective immediately upon posting of the modified User Agreement on the Website and the App. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the Website and the App. Your continued use of the Website or the App after the effective date of such changes constitutes your acceptance of and agreement to such changes. The Website or the App may in our sole discretion change some or all of our services at any time. The Website or the App may also impose limits on certain features and services or restrict your access to parts or all of the Website or the App without notice or liability.
Content and User Submission
Except for public domain materials, all the contents published on the Website and the App (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by applicable intellectual property laws, and are owned by the Shanghai Daily, or the party credited as the provider of the Content. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website or the App.
By posting any content on the Website or the App, a user is assigning to Shanghai Daily and its affiliates all of such user’s copyright interests in such content and granting to Shanghai Daily and its affiliates the right to display such content on the Website or the App and their affiliated publications and to use such content for promotional and marketing purpose.
You may download or copy the content and other downloadable items displayed on the Website or the App for your own personal, non-commercial use, provided you maintain all copyright and other notices contained therein. Except as expressly provided above, all rights are reserved. Commercial use of any of the content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.
Certain contents are furnished by the Xinhua, AFP, the Associated Press, Reuters and other content providers., and we will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
Access and Availability of Service and Links
The Website and the App contain links to other related World Wide Internet sites, resources, and sponsors of Shanghai Daily, Since Shanghai Daily is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
Registration and Security
As part of the registration process, you will select a password and your mobile phone number. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a mobile phone number of another person with the intent to impersonate that person; or (ii) use a mobile phone number in which another person has rights without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of the Website or the App. But Shanghai Daily representatives may help you get back your password after proper verification process.
You shall notify Customer Service at firstname.lastname@example.org of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You are responsible for all usage or activity on your SHINE account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Shanghai Daily’s sole discretion, and Shanghai Daily may refer you to appropriate law enforcement agencies.
Shanghai Daily may contact you regarding your participation in user surveys, asking for feedback on the Website or the App and existing or prospective products and services. This information will be used to improve the Website and the App and better understand our users.
Fees and Payments
Shanghai Daily reserves the right at any time to charge fees for access to portions of the Website and the App or the Website and the App as a whole. However, in no event will you be charged for access to the Website and the App unless we obtain your prior agreement to pay such charges. Thus, if at any time Shanghai Daily requires a fee for portions of the Website or the App that are now free, we will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Website or the App by Shanghai Daily or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Website or the App through your account.
You expressly agree that the Website or the App shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
Representations and Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless Shanghai Daily, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim.
The Website or the App is available "as is." We do not warrant that the Website or the App will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information, e-commerce product offerings or other materials available through the Website or the App. Shanghai Daily are not responsible for the availability, content or services of other third-party providers, online merchants or advertisers that may be linked to or posted within the Website or the App, including in the classified and marketplace sections thereof. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Website or the App or any information or goods that are available or advertised or sold through the Website or the App, including in the marketplace section. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Website or the App or available through links in the Website or the App. We reserve the right to correct any errors or omissions in the Website or the App. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to the Service, we do not guarantee or warrant that the Website or the App or materials that may be downloaded from the Website or the App do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Website or the App and any materials available through the Website or the App, you do so solely at your own risk.
Limitation and Liability
Under no circumstances, including, but not limited to, negligence, shall the Shanghai Daily and its subsidiaries, parent companies, affiliates, officers, directors, shareholders, employees, representatives, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages of any kind that result from the use of, or the inability to use, the Website or the App's materials, products, or services, third party materials, products, or services made available through the Website or the App, or any part of the Website or the App even if the Website or the App is advised beforehand of the possibility of such damages. You specifically acknowledge and agree that the Website or the App is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material, products, or services on the Website or the App, or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using the Website or the App.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by SHINE.cn, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
We may terminate or cancel your access to the Website or the App at any time, with or without cause, with or without notice. In the event of such termination, any information you have stored on the Website or the App may not be retrieved later.
You may terminate your account at any time by sending an email to the Customer Service at email@example.com. You are responsible for all charges incurred, if any.
This Agreement shall be governed by the laws of People’s Republic of China ("the PRC"). Any action arising under this Agreement shall be submitted to the courts of Shanghai, the PRC.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.