Terms of Use

Encounters Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ENCOUNTERSCHINESE.COM WEBSITE OR USING ENCOUNTERS CONTENT (COLLECTIVELY THE "ENCOUNTERS SERVICE"), YOU, AS AN INDIVIDUAL OR AS A SINGLE USER OF THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU" OR "YOUR" AS APPLICABLE) ARE BOUND BY THE PRIVACY POLICY[Link to PP], AND TERMS OF USE (the “TERMS”) AS SET FORTH BELOW.

Changes to the Terms of Use
We may change or modify these Terms of Use at any time by posting new terms and conditions on this page. These Terms of Use may not otherwise be changed or modified, except in writing signed by an authorized representative of Yale University acting through Yale University Press. ("Yale"). Your continued use of the Encounters Service, following any changes or modifications to these Terms of Use, constitutes your acceptance of the changes or modifications. Yale reserves the right to change, at any time, in its sole discretion, the Terms under which this site is offered. Your continued use of this site constitutes your agreement to all such Terms. You are responsible for reviewing these Terms on a regular basis.

About the Encounters Service
The Encounters Service consists of the EncountersChinese.com website and other Encounters content and offerings from Yale and its affiliated providers to which you gain access as an EncountersChinese.com user.

Registration
Yale will open a registered user account for You after You complete your registration. You may select (or we may assign to you) a User ID that will be identified with your account. You will also be prompted to select a password to access Your User ID. Your User ID and password provide you access to certain sections of the Encounters Service. You must provide Yale with complete and accurate information about Yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a User ID that is vulgar, offensive or obscene; or register an account to impersonate another person or otherwise violate the rights of others. Yale also may reject or cancel any User ID that we determine in our discretion is unacceptable for use on the Encounters Service. Failure to comply with these Terms shall constitute a breach of these Terms of Use, which may result in immediate termination of Your user account.

You are solely responsible for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your Encounters password. You may not share Your Encounters password with any third party. You may never use another user's account without such other user's express permission. You will immediately notify Yale 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.

Use of the Encounters Service
Subject to these Terms of Use, our Privacy Policy[Linked to PP], and terms and conditions of any separate licenses or other agreements You may be required to accept in order to use certain sections of the Encounters Service, You are authorized to access and make use of the Encounters Service as set forth below.

You certify that You are legally permitted to access the EncountersChinese.com website, and that You take full responsibility for the selection and access to this website. This Agreement is void where prohibited by law, and the right to access the EncountersChinese.com website is revoked in such jurisdictions.

You may view and use the sections of the EncountersChinese.com website to which You have been given access by Yale. Unless otherwise indicated, You may make one complete and unmodified copy of any page on this website to which You have been given access, provided that You use it solely for personal, noncommercial purposes and do not distribute or republish it in any way. You may use the Encounters Services solely in ways that do not violate these Terms of Use.

User Content
For purposes of these Terms of Use, "content" shall include, without limitation, video, film, music, text, communications, survey responses, Open Source Class Test Center annotations, other feedback, software, scripts, graphics, images, audio, information, and interactive features. The Encounters Service enables You to make content available to Yale and/or other users of the Encounters Service and to access content made available by other users of the Encounters Service to further your educational experience subject to these Terms. All such content made available by You or other users is referred to as "User Content."

You represent and warrant that you are the owner and hold all necessary rights in any content that you seek to upload or publish to the Encounters website and that such content conforms to the requirements and restrictions contained herein. You further agree that by uploading or publishing such content to the Encounters Service, you assign all such rights to Yale, including without limitation Yale’s perpetual, nonexclusive, royalty-free, irrevocable, and transferable right to make the content freely available through the Encounters Service for download by other users or otherwise and all related intellectual property rights. You agree to indemnify and hold Yale, its subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Your access to the EncountersChinese.com website, use of the Encounters Service, the violation of these Terms of Use by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.

You acknowledge that Yale does not endorse or guarantee any User Content and You may not state or imply any such endorsement or guarantee. Yale does not guarantee any User Content and does not guarantee that any User Content will be made available on the Encounters Service, whether continuously or at all.

Yale shall have no obligation to monitor any User Content. However, Yale and its agents shall have and do reserve the right to monitor any User Content from time to time for any lawful purpose. Yale may, without notice to You, remove or block any User Content from the Encounters Service, including disabling access to such User Content that You have downloaded through the Encounters Service.

Termination
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 use of the Encounters Service at any time, provided that all provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination of Your account, Your right to use the Encounters Service, access the EncountersChinese.com website and any content will immediately cease.

Your Responsibilities and Conduct
The Encounters Service (including without limitation, any content, documents or other information made available through the Encounters Service) is provided only for Your own single, individual and personal use (e.g. classroom accounts, school accounts, and other educational 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.

As a condition of use, You promise not to use the Encounters Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws).

By way of example, and not as a limitation, You agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Encounters Service, that:
• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane, or pornographic;
• misrepresents the source or identity of any content;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Yale or any third party;
• impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Yale.
• Violates these Terms of Use, guidelines or any policy posted on the Encounters Service

Additionally, 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 enjoyment 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); or copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder. In addition, You shall not remove any proprietary notices or labels.

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. Notwithstanding the foregoing, we grant 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 we may make publicly-available, but not caches or archives of such materials; provided that, we reserve the right to revoke these exceptions either generally or in specific cases. Further, You shall only be permitted to be connected to the Encounters Service for a reasonable amount of time, e.g. no more than a typical student would normally need to read, view, submit materials and learn from the Encounters Service. Yale reserves the right to monitor Your usage of the Encounters Service and terminate Your access at any time upon reasonable suspicion of the foregoing improper uses.

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. No hyperlinks to any password protected web pages on the EncountersChinese.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Yale in our sole discretion.

Privacy Policy
As explained above, Your use of the Encounters Service is subject to Your acceptance of our Privacy Policy. Please read the Privacy Policy[Link to PP] carefully for disclosures relating to the collection and use of Your personal information.

Links to Third Party Websites
As a convenience for its users, Yale 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.

No Warranties
You acknowledge that Yale has no control over, and no duty to take any action regarding: which users gains access to the Encounters Service; what content You access via the Encounters Service; what effects the content may have on You; how You may interpret or use the content; or what actions You may take as a result of having been exposed to the content. You release Yale from all liability for having acquired or not acquired content through the Encounters Service. The Encounters Service may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. Yale will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Encounters Service. THE ENCOUNTERS SERVICE IS PROVIDED BY YALE "AS IS" AND "AS AVAILABLE". YALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ENCOUNTERS SERVICE OR ITS CONTENT, AND YALE DISCLAIMS ALL WARRANTIES REGARDING THE ENCOUNTERS SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, 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 SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): YALE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE OR OTHERWISE IN CONNECTION WITH THE ENCOUNTERS SERVICE. Yale will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User 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.

Limitation of Liability
IN NO EVENT SHALL YALE OR ANY OF ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (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 OR ITS SUPPLIERS 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 AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Export and International Use
The Encounters Service is controlled and offered by Yale from its facilities in the United States of America. Yale makes no representations that the Encounters Service is appropriate or available for use in other locations. Those who access or use the Encounters Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law
These Terms of Use 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 of Use or Your use of the Encounters Service. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

Miscellaneous
These Terms of Use 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 of Use, and You may not revise or amend these Terms of Use without the prior written authorization of an officer of Yale. If any provision of these Terms of Use 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 of Use will not be affected. No delay or failure by Yale to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. These Terms of Use are not assignable, transferable or sublicensable by You except with Yale’s prior written consent. Yale may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use 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), Public Law 105-304, Yale has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers in the yale.edu domain.

If you believe that your copyrighted work is being infringed on a Yale site, please notify our designated agent for such copyright notices:

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

Contents of notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Yale to act on Your notice, You must be authorized to enforce the copyrights that You allege have been infringed. When informing the University of an alleged copyright infringement, You should:
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.

The University may not be able to act on Your complaint promptly or at all if You do not provide this information

Effective Date: Nov 18, 2009.