Effective as of August 31, 2020
ABOUT THE SERVICE
The Service allows you to learn about a wide variety of topics, including languages, history, art, and other subjects, anywhere. Users work with instructors via video conference to learn a range of topics. The Ni Hao Chinese Student Learning Portal, which may be accessed via the web or on your mobile device, is the main hub for learners to access and use the Service, and allows families to schedule classes, see an overview of current and future coursework, view class recordings, present assignments, and many more features in the future.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
By clicking the “I Agree” button or by otherwise using or registering for the Service, you represent (a) that you have not been previously suspended or barred from the Service by Ni Hao Chinese; (b) that you are either (i) at least 18 years old or (ii) your parent or legal guardian has consented to your use of the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
As a user of the Service, you will create a student account (an “Account”) to access the Service and to receive messages from Ni Hao Chinese. You agree to notify us immediately if you become aware of any unauthorized use of your Account. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account.
Tuition for the Service is set out here: https://www.nihaocac.com/tuition/. Each user must complete the enrollment form for the Service, which may be completed online or by telephone interview with a Service representative. We may terminate your use of the Service if the tuition is not paid in a timely manner.
You agree that, in your use of the Service, you will not under any circumstances:
POSTING & CONDUCT RESTRICTIONS
As part of the Service, you may be able to post or otherwise make available for viewing by you and/or other users content generated by you (“User Content”). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We may, however, remove any User Content from the Service at our sole discretion. You agree that, in your use of the Service, the following rules apply regarding User Content:
You understand and agree that any liability, loss, or damage arising from or related to any User Content that you post, upload, link to, or otherwise make available via the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. Ni Hao Chinese respects the intellectual property rights of others and expects users of the Service to do the same. Pursuant to 17 U.S.C. §512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users of the Service who are repeat infringers. The Company may terminate access for users who are found repeatedly to provide or post third-party content without the necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided via the Service infringe your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”; see, 17 U.S.C §512) by sending the following information in writing to our designated copyright agent at Ni Hao Chinese, 24596 Hawthorne Blvd, Torrance, CA 90505:
DMCA Counter-Notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against us or you, the removed content may (in our discretion) be reinstated on the Service after such period has passed.
LICENSES TO YOUR USER CONTENT
You grant to us and our legal successors a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your User Content in our provision of the Service. This includes, but is not limited to, the right to makes copies and backups; present your User Content to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform any of your User Content which may include audiovisual works such as music or video. This license applies to your User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and also applies to your name, voice, and likeness, to the extent incorporated into your User Content.
You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of the Service, in the form of showcased users of the Service on the Service website and other reasonable promotional activities.
For any of your User Content which is shared publicly, you grant each other user of the Service a nonexclusive, worldwide license to use, display, and perform your User Content through the Service and, if applicable, to reproduce your User Content solely on the Service, as enabled by the features of the Service.
You agree that Ni Hao Chinese is authorized to record the courses taken by students. Ni Hao Chinese shall have full, exclusive and complete intellectual property rights to all of the recorded videos. We agree to strictly keep student’s information confidential. Class recordings and images with identifiable faces will not be used for commercial purposes without the written consent of parents.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to us or any of our officers, employees, agents, or representatives in any situation where notice to us is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about your classes, coursework, account status, and other aspects of your use of the Service, as well as other messages about Ni Hao Chinese and special offers. You may customize your communications options by changing your Account settings or sending an email to firstname.lastname@example.org.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NI HAO CHINESE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NI HAO CHINESE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE AND ANY DOWNLOADING AND/ OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THEREFROM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NI HAO CHINESE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH NI HAO CHINESE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NI HAO CHINESE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.
Service, including, but not limited to, infringement of intellectual property rights, privacy, and harassment.