Last updated: November 14, 2019
We make various services available on this site including, but not limited to, Chinese language-learning subscriptions and classes, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a tablet, smartphone, computer, and Internet access (including payment of all fees associated with such access).
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
We reserve the right to reject or terminate any username that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, the right of publicity, or another proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Copyright ©2014 ChinesePod LLC. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Morton & Associates LLP
Attn. Roman Popov, Esq.
246 West Broadway
New York NY 10013
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Upon termination or suspension, regardless of the reasons thereof, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
This site (excluding any linked sites) is controlled by us from our offices within the Delaware, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this site both of us agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Delaware with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at ChinesePod LLC 246 W Broadway, New York NY 10013 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
ChinesePod LLC ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
All subscriptions automatically renew, therefore ChinesePod will charge the subscription fees directly to your credit card after every billing cycle (unless you cancel the subscription - see below for more details on cancellation terms). ChinesePod will charge the subscription fees on the same day of the month each time your subscription comes due. You may cancel recurring subscriptions at anytime. When your subscription is cancelled you will still be able to access our services until your account runs out of credit. After cancellation, ChinesePod will discontinue billing for this particular subscription. It is your sole responsibility to completely and fully cancel this payment cycle. Email requests for cancellation cannot be guaranteed or construed as proof of cancellation.
ChinesePod does not provide account suspension or extension to subscription products.
After a subscription is purchased, a student can download lesson materials provided by their subscription until the expiry date of the subscription.
You may cancel any purchase of a subscription and request a full refund from ChinesePod LLC for any reason within the first 30 days following the FIRST purchase made on the account. If you have a Paid Subscription, your payment to ChinesePod LLC will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription via your account page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.
Failure to cancel an account before your due date will result in ChinesePod charging your account. Payments are NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, you will continue to have access to the service through the end of your current billing period.
All prices related to the tutoring service are subject to change by ChinesePod LLC at any time, without notice and without liability to you. ChinesePod LLC does not provide price protection or refunds in the event of a price drop or a promotional offering.
All tutoring plans are subject to automatic renewal. If you have a Paid Subscription, your payment to ChinesePod LLC will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription via your account page before the end of the current subscription period. Failure to cancel a tutoring plan subscription before your due date will result in ChinesePod LLC charging your account.
Students can apply for a partial refund if they wish to terminate the tutoring service before the plan expiry date. Refunds will be provided at the sole discretion of the company. Refunds will be determined by the numbers of used subscription months and used lesson credits. A subscription month is used as long as the plan is active in a subscription cycle regardless of the number of days you actually use the service. A credit is used if you use it to book and take a lesson with a teacher.
Please note the first month of any classes cannot be refunded. Refund amounts will not exceed the amount of the subscription plan purchased. Promotional deals and add-on credits are nonrefundable.
No refund will be issued for unused portions of the subscription plan and credits if the plan has expired.
To request a refund please contact: email@example.com
Academic and Corporate Accounts
Refunds cannot be issued for academic and corporate accounts.
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby waives any objection to such jurisdiction and venue
ChinesePod LLC ("We" or "Us" or "Our") offers the use of its blogging and message board services (along with the content posted thereon, the "Services") subject to the terms and conditions of use (the "Terms") contained herein. All references herein to "We," "Us," or "Our" are intended to include ChinesePod LLC and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the "Blog"), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.
You understand that all content posted to the Blog (the "Content") is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 ("minor children") through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
*ChinesePod lessons 1-1127 only, MP3 lesson content (medium and high quality) + PDF files is licensed under a Creative Commons 3.0 Unported license.
By using our online system, you consent to the following Terms and Conditions, under which we provide to you a service to connect to a live teacher. The service is provided on an "as is" basis, we do not make any representations.
SCHEDULING. You agree to use our online scheduling system to schedule classes. We allow cancellations and rescheduling of classes if you are unable to attend to them, but a cancellation or rescheduling request has to be made through the system at least 8 hours before the class commences.
CREDITS. Our tutoring services are sold in the form of credits that allow you to take classes within their defined validity and expiration terms, and will be deemed forfeited with no refund if not used within the defined service periods. We reserve the right to provide you teaching staff at our own choosing and discretion. You may choose to have lessons with any teacher on the platform as long as that teacher is available and the teacher accepts the booked lesson.
Validity, expiration and terms.
NO CIRCUMVENTION. You agree to use the functions of the online system for any scheduling or rescheduling request, and any requests that our system cannot resolve must be discussed with our customer service representative. You are aware that our teachers have no authority to make changes to the schedule, and any agreements you may enter into with our teachers are not binding under this contract. You also agree not to solicit the service of teachers outside ChinesePod's online system, specifically you agree not to hire any of our teachers directly, and you will report any attempts of our teachers to enter into any form of contract that facilitate lessons outside the system. You agree to forfeit any credits in case you violate these terms.
LIMITATION OF LIABILITY. You agree that we make no representations or provide any warranties that our system works with your software and hardware environment, the service is provided on an "as is" basis only, and any claims from liability from the lack of availability of the system, usability of the technology, qualifications of the teachers etc. is limited to the purchase price paid by you. You also agree that any claims for refunds are only valid if they are made in writing through our customer service system or via email within 48 hours after the lesson finishes, or the lesson in question has been scheduled.
Commission. Incentives will be provided per subscription: 5 USD for a Basic plan, 10 USD for a Premium plan, and 20 USD for a Premium+ plan. The commission is the per plan remains the same regardless of whether the user subscribes to a monthly, quarterly or yearly subscription. The subscription the subscriber has purchased will indicate the affiliate's status. Therefore, the affiliate company will get a monetary value directly related to the type of subscription purchased.
Cookies. ChinesePod will log every subscription within 90 days after a click on an affiliate link. ChinesePod will also give a commission even if the user was a student before with ChinesePod.
Automatic renewal. ChinesePod will not give any commission for an automatic renewal.
Payment. ChinesePod will only pay the commissions to Paypal accounts, Paypal fees have to be paid by the affiliate. Payments will be done 30 days after the end of the current month. There is no minimum for the payments of the commission.
Abuse & Fraud. ChinesePod can terminate any affiliate account anytime if ChinesePod notices any strange activity or possible fraud. No commission will be given in that case.
Free subscription. Anybody can become an affiliate of ChinesePod, and it is free.
The Program is available only for activations on new ChinesePod monthly accounts. Please allow up to four weeks after referral validation for referral reward to be applied. ChinesePod reserves the right to modify, extend or cancel this Program at any time. The Program is only available online at chinesepod.com/refer-a-friend
Internet access is required for participation in the Program. Current ChinesePod customers who initiate a referral on www.chinesepod.com/refer-a-friend, are defined as “Referrers.” Non-customers who activate ChinesePod service upon a referral are defined as “Referees.”
Eligible Referrals: The Program is only available for active ChinesePod monthly accounts in good standing. To make referrals, you must:
Participation in the Program is prohibited where void by applicable law or regulation. The Program is only available through ChinesePod’s website chinesepod.com. You cannot get paid for referring yourself. You may only participate in the Program with one account. Friends you invite (“Referees”) have to activate a new paid ChinesePod monthly account within 60 days of receiving the referral.
Ineligible Referrals: Unless otherwise noted, the Program may not be available for certain other ChinesePod plans or accounts, including: virtual classroom plans, corporate plans/accounts, accounts owned by ChinesePod employees, and other plans deemed ineligible (collectively, “Ineligible Referrals”). In addition, Referrals made through non-authorized ChinesePod sales channels are not eligible for the program. ChinesePod reserves the right to void any Referral credit based on the following: (1) ineligibility of any Program participant, (2) fraudulent activation or, (3) if ChinesePod, in its sole discretion, finds that you have violated any of the Program Terms and Conditions.
Eligible Referees: Each Referee must activate a new ChinesePod monthly plan within 60 days of receiving the referral. You cannot receive credit by referring yourself or for your renewal. Existing ChinesePod customers can earn a maximum of $1,500 in referral rewards per calendar year. If you are a new ChinesePod customer who was referred by an existing ChinesePod customer, you are eligible to earn up to $1,500 in referral rewards per year, including your initial referral reward. You will not receive any referral reward if your referrals do not sign up or if you fail to comply with any of the terms of the Program.
Reward Issuance Expiration If further action is required for reward issuance, members successfully complete the additional action within 30 days from initial notification of the request for further action. Otherwise the member will forfeit the pending reward.
Tax: You are responsible for any and all tax liabilities associated with the Program.
Void Where Prohibited: This Program is void where prohibited by law.
We reserve the right to change the terms and conditions of the ChinesePod Referral Program at any time, without notice, at our sole discretion. We reserve the right to not award a credit or disqualify someone from the Program if we feel, in our sole discretion, that fraudulent behavior or other unethical conduct has occurred in any way that compromises the fairness the Program in any way. Credits cannot be combined with other promotions and are not valid for previous offers or orders. Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this Program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will result in similar actions by us with respect to terminating your account and participation in the Program. ChinesePod services are subject to additional terms, conditions, and other restrictions.
By participating in this Program, you agree to release and hold harmless us and subsidiaries, directors, officers, employees, consultants, and agents, and any other entity associated with marketing this Program (collectively, the "Released Parties") from any and all claims or damages arising out of, or in connection with the Program. You further agree that the Program and credits are provided "as is where is". THERE ARE NO REPRESENTATIONS OR WARRANTIES INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THIRD PARTIES RIGHTS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Limited time offer. Chinesepod reserves the right to terminate and/or modify this offer at any time without prior notice.
The following Terms and Conditions for the use of our services constitute the full and complete understanding (the "Agreement") of the business relationship with you and provide the services described on our website or in downloadable applications ("Apps"). Please read the rules contained in this Agreement carefully. You can access this Agreement any time at https://www.chinesepod.com/terms-and-conditions
You warrant and represent that you are able to understand English language and have a full understanding of all words used in this document.
Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with these rules. If you do not or cannot agree with the following rules or parts thereof, you agree not to not use and leave the service. These rules may be modified from time to time; the date of the most recent revisions will appear on our website. Continued access of the service by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in suspension or termination of your access to the Service, without notice, in addition to ChinesePod's other remedies.
All material shown on the ChinesePod website and its related sites on Social Media providers such as YouTube, Instagram etc. including, but not limited to images, audio tracks, videos, databases, dictionaries and designs (the "Material") is protected by copyrights owned or controlled by the ChinesePod and/or its subsidiaries. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THIS MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
You specifically agree that ChinesePod's service is provided "as is", with no representations or warranties as to the correctness of the information or learning content. You are provided all strictly a license for you (meaning: the registered user) to view Material, one file at a time, on one device logged into the service, for personal consumption. Any functionality that allows any download is provided under the condition that you maintain the designated plan, in good standing, with no subscription fees overdue. You agree to (a) immediately delete all content downloaded, (b) cease to consume through a player software any of the files downloaded, and (c) cease the use and uninstall any Apps that relate to ChinesePod's services once your subscription ends or you are no longer current with payments agreed in ChinesePod's pricing plans, which may change at ChinesePod's sole discretion and at any time.
If you subscribe to any of the ChinesePod online teaching services, you agree that such services are provided with no warranties and representations to the qualification of the teacher, the accuracy of the material, the suitability of the courses offered for your individual learning objectives etc. You specifically authorize ChinesePod to record all classes conducted for quality assurance and/or training purposes. You agree to not communicate with the teacher in any offensive way, specifically you agree that you will not make comments and statements of a sexual or discriminating nature, or such that can be interpreted as such. You specifically indemnify and hold harmless ChinesePod in case ChinesePod suffers any damages resulting from such statements, and you will indemnify ChinesePod for any expenditures, including legal fees and training costs for replacement teachers should ChinesePod suffer departures of personnel resulting from your conduct.
If you submit any comments, ideas, audio and video content, or other intellectual property (the "Submitted Content") to ChinesePod, you specifically surrender all rights such as the Copyright to the Submitted Material, and grant ChinesePod an irrevocable, geographically and chronologically unrestricted license to use the material in any media, on the website or in Apps published by ChinesePod.
ChinesePod LLC is incorporated under the laws of the State of New York, with principal offices at 246 West Broadway, New York NY 10013.
All legal notifications must be sent via registered mail to the address above, and you agree that ChinesePod may disregard, at its sole discretion, any notifications submitted by email as the authenticity of email cannot be guaranteed and its delivery is generally considered unreliable for legal correspondence.
The relationship with you is governed by the laws of the State of New York, and you agree that the commercial courts of the Southern District of New York and Manhattan are the exclusive legal venue for any disputes that cannot be settled amicably.