NanKing may revise the information, services and the resources contained in this Site from time to time, and we reserve the right to make such changes without obligation to notify past, current or prospective visitors. Your continued use of this Site after changes have been made constitutes your acceptance of any new or amended terms. In no event shall NanKing be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.
NO WARRANTY / LIMITATION ON LIABILITY
NanKing strives to ensure that the information contained in this Site is accurate and reliable. However, NanKing and the World Wide Web (or Web Site Host) are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, NanKing makes no representations about the reliability of the features of this Site, the NanKing Content (defined below), Submitted Content (defined below) or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. NanKing is not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of NanKing, and NanKing does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by NanKing prior to posting and NanKing makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. NanKing makes no representations regarding the amount of time that any NanKing Content or Submitted Content will be preserved.
NanKing disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the merchantability or fitness for any particular purpose. NanKing is not liable or responsible for any damages or injuries caused by use of this Site (such as viruses, omissions or misstatements). THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NANKING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL NANKING BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND NANKING’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS OR SERVICES. In no event shall NanKing’s total liability for all damages, losses and causes of action exceed five dollars (U.S. $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
COMMUNICATING WITH NANKING
These areas are designed to give our users the ability to contact us with questions or concerns. They are not intended for, and should not be used to, submit unsolicited ideas. It is company policy not to accept such unsolicited ideas, concepts, techniques, procedures, products, methods, systems, designs, plans, charts, service offers or similar materials from outside parties. By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is NanKing’s policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
This Site contains many valuable trademarks owned and used by NanKing of Virginia, LLC, and its subsidiaries and affiliates. These trademarks are used to distinguish NanKing’s quality products and services. “NanKing Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations NanKing uses in connection with its products and services. You may not remove or alter any NanKing Trademarks, or co-brand your own products or material with NanKing Trademarks without NanKing’s prior written consent. You acknowledge NanKing’s rights in NanKing Trademarks and agree that any use of NanKing Trademarks by you shall inure to NanKing’s sole benefit. You agree not to incorporate any NanKing Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations. The text, graphics and html code contained in this Site are the exclusive property of NanKing (“NanKing Content”). NanKing Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of NanKing.
Third-party content, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights, is the property of the third parties that market or license that content, and is used by NanKing subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please write to us using our contact form.
On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content (“Submitted Content”). You have no ownership rights in your account or other access to the Site or features therein, and NanKing may delete all Submitted Content at any time, with or without notice, if NanKing deems that you have violated these Terms, the law, or for any other reason. NanKing assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By posting, displaying, publishing or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit to NanKing may be used by NanKing anywhere, anytime and for any reason whatsoever subject to the following terms:
You hereby grant to NanKing a limited, nonexclusive, sublicensable, worldwide, fully paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce and distribute Submitted Content. This license includes the right to host, index, cache, distribute and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site or on social media or on third-party review site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site.
Your Posting Of Submitted Content Is Further Subject To The Following Posting Rules:
- You may not post any content that, as determined in NanKing’s sole discretion, is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate.
- You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of NanKing. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing Site visitors to a location for more information about a product or service.
- You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Site or features of the Site. You may not modify in any way any specifications, technology or application codes provided to you by NanKing or as embedded in the Submitted Content unless expressly authorized in writing by NanKing.
- You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of any account you have been permitted to create on this Site and for the confidentiality of your password.
NanKing does not necessarily monitor any materials posted, transmitted or communicated to or within the Site. If you believe that something on the Site violates these Terms, please send us a message through our “Contact Us” page. The above terms do not apply to any ideas or other nonprotectable information you may submit to NanKing, which ideas will be governed by the “Communicating with NanKing” section above.
WEB SITE ACCESS
- In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NanKing immediately of any breach of security or unauthorized use of your account. Although NanKing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NanKing or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the NanKing servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, NanKing grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NanKing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use.
You agree to indemnify and hold NanKing, its parents, subsidiaries, officers, employees and Site contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Submitted Content.
This NanKing Site may link to sites not maintained by or related to NanKing. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or NanKing. NanKing has not reviewed the sites hyperlinked to or from this Site and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. NanKing makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyperlinked to or from this Site. Furthermore, NanKing does not implicitly endorse third-party sites hyperlinked to or from this Site.
TEXT MESSAGING NOTICE
If you choose to participate in any NanKing promotion that may involve the use of text messaging (either sending or receiving), NanKing will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
It is NanKing’s goal that the Site meets your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, NanKing is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with NanKing, you acknowledge and agree that you will first give NanKing an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: [email protected] or by filling out a form on our “Contact Us” page.
You then agree to negotiate with NanKing in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after NanKing’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site or these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate NanKing’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by NanKing and/or the applicable third party(ies). You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND NANKING BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Site or these Terms be instituted more than one (1) year after the cause of action arose.
These terms constitute the entire agreement between you and NanKing and govern your use of the NanKing Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NanKing with respect to the NanKing Site and services. Both you and NanKing acknowledge and agree that no partnership is formed, and neither you nor NanKing has the power or the authority to obligate or bind the other.
The failure of NanKing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Software that may be available in connection with this Site is subject to United States export controls. No software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The failure of NanKing to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of NanKing, shall not be deemed a breach of this Agreement. If NanKing fails to act with respect to your breach or anyone else’s breach on any occasion, NanKing is not waiving its right to act with respect to future or similar breaches.
The validity, interpretation and performance of these Terms shall be controlled and construed under the laws of the State of Virginia. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of these Terms must be resolved exclusively by the state courts located in Virginia Beach, Virginia. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them. Some jurisdictions do not allow some of the provisions contained in these Terms, in which case one or more of such provisions may not apply to you.
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.
This Agreement constitutes a binding agreement between you and NanKing, and is accepted by you upon your use of the Site. This Agreement constitutes the entire agreement between you and NanKing regarding the use of the Site and the features therein.