Updated April 1, 2017
Shanghai Elite Triathlon Club ( SETC ), the Shanghai’s leading Triathlon Club, we are establishing Training Platform for our club members and Triathletes, on which we will provide professional, systematic and effective Triathlon Training Service; meanwhile we are also running Swimming, Marathon and Triathlon Sports Associations for Forbes 500 Enterprises, and creating an Open Sport-Based Communities; By carrying out all kinds of unique, friendly and interesting events and Salon-Sharing platform, we are trying best to explore a dynamic "Sport+Business" ecological scene for all our clients. in the China. Shanghai Elite Triathlon Club ( SETC ) brings you the ideas, insights, and information that inspire and enable people to improve their lives and the world around them.
By using, accessing, and/or visiting the Sites (including Apps and Social Media Platforms), Content, or Services or registering for any Sites, providing “PII” (defined below), or by confirming your knowledge and/or acceptance of the terms if requested by us in our sole discretion, you accept and agree to these terms. If you do not agree to the terms, you should not access or use the Sites, Services, or any Content.
PERSONALLY IDENTIFYING INFORMATION AND ACCOUNTS
CONDITIONS OF USE
Your use of the Sites and Services are conditioned on compliance with the following:
•The Sites, including the Apps and Social Media Platforms, and Services are not intended for users under the age of 14. By using the Sites or Services you represent and warrant that you are 18 years of age or older or, if younger than 18, are at least 14 years of age or older and have the permission of a parent or legal guardian to access or use the Sites and Services.
•The Sites and the Services are intended for use by residents of the China.
•You shall use the Sites and Services only for your own personal, non-commercial use and not for redistribution. Any commercial or promotional distribution, publishing, or exploitation of the Sites or Services is prohibited unless you have received the express prior written permission from our authorized personnel.
•We do not guarantee that the Sites or the Services are accessible on any particular equipment or device or with any particular software or service plan.
•You alone are responsible for the Content and consequences of any posts and activities made from your Account.
•You will fully comply with these Terms and all applicable local, state, Federal, and international laws, statutes, and regulations, policies, or guidelines.
OUR RIGHTS IN USER CONTENT
By submitting, providing, posting, uploading, or sending User Content to us on or through the Sites or Services, you grant us and our subsidiaries, successors and assigns, and third parties a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, transmit, stream, broadcast, and incorporate in other works any User Content (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture, and likeness with the content you submit and otherwise in materials promoting, marketing, or advertising the Sites, including the Apps or Social Media Platforms, the Services, or our goods or services, in any media, without any compensation or notice to you or approval by you.
Through the Sites and Services you may access, review, display, or use third-party services, resources, Content, software, technology, materials, or information (“Third-Party Materials”), including, but not limited to, from other users. You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Shanghai Elite Triathlon Club ( SETC ) disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or User Content. You also acknowledge and agree that Shanghai Elite Triathlon Club ( SETC ): (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to or use of such Third-Party Materials; and (iii) does not make any promises to remove Third-Party Materials from the Sites or Services or from being accessed through the Sites or the Services. Nothing in the Terms authorizes you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials except as expressly permitted by the Sites or the Services.
You agree that you shall not, and that you shall not permit any third party using your Account to, do any of the following while using the Sites or Services:
•Upload, post, transmit, distribute, or otherwise publish through the Sites or Services any User Content which (i) prevents any other user from using and enjoying the Sites or Services; (ii) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, or profane; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, ordinance, or regulation; (iv) violates or infringes the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right; (v) contains a virus, spyware, or other harmful component; (vi) contains embedded links, advertising, chain letters, or pyramid schemes of any kind; or (vii) constitutes or contains false or misleading indications of origin, endorsement, or statements of fact.
•Impersonate any other person or entity, whether actual or fictitious, including us or our personnel, or misrepresent your affiliation with any other person or entity.
•Offer to buy or sell any product or service on or through User Content.
•Insert your own or a third party’s advertising, branding, or other promotional content on the Sites or through the Services.
•Use, redistribute, republish, or exploit third-party content for any commercial or promotional purposes.
•Attempt to gain unauthorized access to other computer systems through the Sites or Services.
•Obtain or attempt to obtain lists of users or other information, including PII, from or through the Sites or Services and you shall not use the Sites or Services in violation of any applicable statutes, laws, rules, regulations, guidelines, or ordinances.
•Download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Sites or Services.
•Alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the Content, code, data, or other materials on or available through the Sites or Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you use of the Sites or Services or the Content, code, data, or materials thereon or available through them, with or without our express permission, you may violate copyright and other laws of the China of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
•Access, tamper with, or use non-public areas of the Sites or Services, Shanghai Elite Triathlon Club ( SETC )’s computer systems, or the technical delivery systems, or bypass, impair, or tamper with any technological measure implemented by Shanghai Elite Triathlon Club ( SETC ) or any of its providers or any other third party (including another user) in connection with the Sites or Services.
•Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation.
RIGHT TO MONITOR AND EDITORIAL CONTROL
We reserve the right, but do not have an obligation, to monitor and review all User Content or other materials posted by you to or through the Sites or Services. We are not responsible for the User Content posted by users. Please govern your use of that content accordingly. We reserve the right to edit, refuse to post, or to remove any content you post, including User Content, for any reason, at any time, and without advance notice to you. Our reasons for editing, removing, or refusing to post content may include that such content is objectionable to us in our sole discretion, that it violates these Terms, or that it violates any applicable statutes, laws, rules, regulations, guidelines, or ordinances. We may also limit your access to all or certain portions of the Site, Apps, or Social Media Platforms without notice to you for any reason.
POSTING PRIVATE OR SENSITIVE INFORMATION
Your User Content and content, information, or material posted on or through the Sites and Services are stored in multiple places on the Internet. We have no control over who will see this content and no ability to permanently remove it from public view. Please be careful about content, information, and material that you post and avoid disclosing sensitive, embarrassing, proprietary, medical, or confidential information.
As between you and us, we own all rights, title, and interest in and to the Sites and Services, including all of the Content, code, data, and materials we make available on or through the Sites and Services, the look, feel, and design of the Site, including, but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, moral rights, and other intellectual property and proprietary rights therein. As between you and us, we own all rights, title, and interest in and to all of our content or any other data, information, or material on the Sites or Services, including Apps and Social Media Platforms, including, but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Sites and Services do not grant to you any ownership or rights to or in any of that Content, code, data, or other materials.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Sites and Services and view the Content on the Services on your personal computer or mobile devices for your personal use only. We may revoke your license to access and/or use the Sites and Services at any time and for any reason without advance notice to you.
Our trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on or through the Sites and Services or on Content available through them are our registered and unregistered Trademarks, and you may not use them in any manner without our express written consent. Your use of our Trademarks in connection with products and/or services that are not related to, associated with, or sponsored by us is likely to cause customer confusion and therefore is prohibited. Use of the Sites and Services does not grant you any license or right to use any Trademarks.
You agree to defend, indemnify, and hold us and our shareholders, directors, officers, employees, agents, contractors, representatives, licensors, service providers, vendors, successors and assigns, and affiliates (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Sites and Services, any Content, User Content, Third-Party Materials, and third-party sites, and any violation of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.
MOBILE DEVICES/THIRD-PARTY FEES
You are responsible for providing the equipment and services you need to access and use the Sites and the Services, including to mobile device services, and you acknowledge and agree that access may involve third-party fees, including Internet service providers, mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the Sites and Services, including Apps, delivery of the messages, emails, or other materials to your devices. For mobile devices, please consult your mobile service provider’s pricing plan prior to purchasing or downloading any Apps or registering for any such service to determine the charges for sending and receiving text messages from/to your mobile device.
We frequently link to third-party websites on the Sites and through the Services. You agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may be available on or through those third-party sites. The inclusion of a link to a third-party site does not necessarily imply our endorsement, sponsorship, or recommendation of that site.
DISCLAIMER OF WARRANTIES
The Sites, Services, and all content, including Content and User Content, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose and any warranty for information, data, data processing services, uptime or uninterrupted access, and any warranties concerning the availability, playability, display-ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Sites, Services, or any content, including the Content and User Content, will be secure, provided uninterrupted or error-free, or that defects will be corrected.
No advice, results, or information, whether oral or written, obtained by you from us or through the Sites or Services shall create any warranty. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your equipment on account of your access to or use of the Sites or Services or any content or your downloading of any content, including Content or User Content, materials, data, text, images, video content, or audio content from them. If you are dissatisfied with the Sites or Services, your sole remedy is to discontinue your use.
LIMITATION OF LIABILITY
In no event shall the Indemnified Parties be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Sites or Services, even if any of the Indemnified Parties has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the Indemnified Parties be liable for or in connection with any content, including Content or User Content, posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Sites or Services. In no event shall the total aggregate liability of the Indemnified Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) related to your use of the Sites, Services, or any Content exceed, the greater of the amounts, if any, paid by you to us for your use of the Sites or Services or RMB 100.00 yuan.
These Terms and the relationship between you and us, and any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the Sites and/or Services, and/or the provision of Content, services, and/or technology on or through the Sites or Services shall be governed by the China. You acknowledge and agree that Shanghai Elite Triathlon Club ( SETC ) is located in the China (China) and will process and store your User Content in the China, and that, as a result, China and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your User Content through the laws of the China In addition, we operate the Sites and Services from our locations in the China We do not represent that the Sites or Services are appropriate or available for use in any other locations. If you choose to access the Sites or Services from locations outside of the China, do so only at your own risk. If the laws where you are located or reside prohibit you from using the Sites, Services, or any Content for any reason, do not use the Sites, Services, or Content.
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY AFFECT YOUR LEGAL RIGHTS
You and Shanghai Elite Triathlon Club ( SETC ) agree that any claims, causes of action, controversies, or disputes that either party has arising out of or relating to these Terms, or the breach thereof, or the Sites and Services shall be settled by binding arbitration administered by the Shanghai Arbitration Association in accordance with its applicable Arbitration Rules. The place of arbitration shall be Putuo District, Shanghai, China. All the terms and conditions of the parties waive their respective rights by the Arbitration Commission for arbitration.
We may terminate, change, suspend, or discontinue any aspect of the Sites (including Apps or Social Media Platforms) or Services at any time. We may restrict, suspend, or terminate your access if we believe you are in breach of these Terms or applicable statutes, laws, rules, regulations, guidelines, or ordinances, or for any other reason without advance notice or liability.
COPYRIGHTS AND COPYRIGHT AGENT
Phone: 139-0199-2230 （Mrs Susie Bian）
•A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
•Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
•A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
•A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement that include the above required information must be submitted to the Copyright Agent via the postal mail address above. We respond expeditiously to notices of claimed copyright infringement by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.
If you believe that your material was removed or disabled by mistake or misidentification, please notify the Copyright Agent in writing by postal mail to the above address. Your counter-notice must contain the following information:
•A physical or electronic signature of the user of the website or services;
•Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
•A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
•Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the China, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under the Act or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
We reserve the right, in our sole and absolute discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time. Please check back frequently to the Terms for updates. Changes in the Terms will be effective when posted. Your continued use of the Sites (including Apps or Social Media Platforms), Services, or any Content after any such postings shall constitute your acceptance of any changes, additions, or deletions to the Terms.