Terms of Use Privacy Reminder -- Protect your personal information by never providing, credit card or bank account numbers to prospective employers. This page states the "Terms of Use" under which You may use Labourchina.com, an on-line service to post and search employment opportunities and user resumes, which features Laborchina Networking, an on-line community designed to facilitate valuable professional and personal networking among its users based on common experiences and interests Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services. By using Labourchina.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Labourchina, Inc. ("Labourchina" or the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. 1. Eligibility. You must be 18 years of age or older to visit or use Labourchina.com in any manner. By visiting Labourchina.com or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use Labourchina.com in a manner consistent with any and all applicable laws and regulations. 2. Use of Labourchina Content. The Company authorizes You to view and access a single copy of the content available on or from Labourchina.com solely for your personal use. The contents of Labourchina.com, such as text, graphics, images, logos, button icons, software and other Labourchina Content (collectively, "Labourchina Content"), are protected under both China and foreign copyright, trademark and other laws. All Labourchina Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Labourchina Site is the exclusive property of the Company and protected by China. and international copyright laws. Unauthorized use of the Labourchina Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Labourchina Content on any copy You make of the Labourchina Content. You may not sell or modify the Labourchina Content or reproduce, display, publicly perform, distribute, or otherwise use the Labourchina Content in any way for any public or commercial purpose. The use of the Labourchina Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Labourchina Content or the pages making up any Labourchina Site which is also protected by the Company's copyright. 3. Labourchina Site Restrictions. Users may not use Labourchina Site in order to transmit, distribute, store or destroy material, including without limitation Labourchina Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of Labourchina Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Labourchina Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 4. Specific Prohibited Uses. The job posting and resume database features of Labourchina.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Labourchina Networking may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals. The Company specifically prohibits any other use of Labourchina.com, and all Users agree not to do any of the following: (a)posting jobs or other content that contains links to any site competitive with Labourchina; (b) post jobs or content on Labourchina Site that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited; post jobs for modeling or talent or talent scouting positions; (c) post jobs for modeling or talent or talent scouting positions on Labourchina Site; (d) use Labourchina Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; (e) use Labourchina Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to Labourchina Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on Labourchina Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of Labourchina Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on Labourchina Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Labourchina Site other than the search engine and search agents available from the Company on such Labourchina Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (l) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Labourchina Site; (m) aggregate, copy or duplicate in any manner any of the Labourchina Content or information available from Labourchina Site; or (n) frame or link to any of Labourchina Content or information available from Labourchina Site. 5. Registration Information. When You register with Labourchina Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address. In addition to the Terms of Use and any privacy policy applicable to Labourchina Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Labourchina does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Labourchina.com, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider. 6. User Content and Submissions. You are solely responsible for you’re Labourchina Account information,Labourchina Networking Profile, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on Labourchina Site or transmit to other Users. By posting User Content to Labourchina Site, You automatically grant, and You represent and warrant that You have the right to grant, to Labourchina an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. By posting User Content to any public or non-public area of Labourchina Site, including message boards, forums, contests and bbs, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placedLabourchina Site retains any and all rights that may exist in such User Content. The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of Labourchina, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Labourchina Site. The Company reserves the right to expel Users and prevent their further access to the Labourchina Site for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. The following is a partial list of User Content that is prohibited on the Labourchina Site. The list below is for illustration only and is not a complete list of all prohibited User Content: is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of another any group or individual; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users; It is also a violation of the Terms of Use, to include in any User Content submitted to Labourchina Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. Any Labourchina Networking Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Labourchina Networking Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Labourchina Networking Profile any telephone numbers, street addresses, last names, URLs, email addresses or other means of contacting You. In order to protect our Labourchina Networking Users from commercial advertising or solicitation, Labourchina reserves the right to restrict the number of e-mails which a VIP Member (as described below) may send to Basic Members (as described below) or other VIP Members in any 24-hour period to a number which Labourchina deems appropriate in its sole discretion. Each candidate made available through the Skilled and Hourly section of the Labourchina.com has taken skills interview(s) offered by the Company. The results of each skilled and hourly candidate's skills interview are not evaluated by Company and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to Company and may be changed from time to time in Company's discretion. The skills interviews do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Company does not independently verify the information provided by candidates or the identity of candidates. Labourchina reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Labourchina Site and/or terminating the offending User's ability to access the Labourchina Site and/or use Labourchina services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and the Labourchina Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission. 7. Registration and Password. You are responsible for maintaining the confidentiality of your Labourchina Account, Labourchina Networking Profile, passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your Labourchina Account, Labourchina Networking Profile, passwords. 8. Special Terms Applicable to Labourchina Networking. (a) Labourchina Networking User Levels. The following are the Labourchina Networking User levels: "Visitor" has not completed the Labourchina.com registration process or created an account (a "Labourchina Account"), but may still search a limited number of Labourchina Networking profiles ("Profiles") of Basic Members and VIP Members (each as described below) and view the Labourchina.com free (public) message boards "Basic Member", after obtaining a Labourchina Account and creating a searchable Labourchina Networking Profile, may be contacted by and respond to VIP Members, collect ratings points, search and view an unlimited number of Labourchina Networking Profiles, view the Labourchina Networking Premium message boards, and both view and post to the Labourchina.com free (public) message boards. "VIP Member", after obtaining a Labourchina Account and creating a searchable Labourchina Networking Profile, may conduct all the activities that a Basic Member can, and in addition, view all of the Basic Members and VIP Members, as well as the crew database and all of the candidates. And post the candidates and vacant positions on the front page to the Labourchina. Becoming a Labourchina VIP Member requires payment of a non-refundable initiation fee, a monthly service fee. Please see the Labourchina Premium Fee Policy. (b)Termination of Labourchina Networking Membership. These Terms of Use will remain in full force and effect while You are a User of Labourchina Networking at any level. You may terminate your membership as a Basic Member or VIP Member at any time, for any reason by using the online cancellation tool and following the provided instructions In addition to other causes of termination set forth above, Labourchina may terminate your membership for any reason, effective upon sending notice to You at the email address You provide in your Labourchina Account, or such other email address as You may later provide to Labourchina. If Labourchina terminates your Labourchina Premium account membership because You have breached these Terms of Use or is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid. 9. Post a candidate on the Labourchina Site If you registered as an Employ Agent in the Labourchina, You can post a candidate you are going to recommend both working abroad or domestic. You acknowledge and agree that You are solely responsible for the risk of posting a candidate’s name, telephone number,e-mails and other personal information. You had to be granted or get permission by the candidate before your posting. 10. Registration and Password. You are responsible for maintaining the confidentiality of your Labourchina Account, passwords. You shall be responsible for all uses of your Web Site registrations, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your Labourchina Account passwords. 11. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement. If You believe that your copyrighted work has been uploaded, posted or copied to Labourchina Web Site and is accessible on such Labourchina Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information: The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing; Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity; Your name, address, telephone number and, if You have one, your e-mail address; A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner. 12. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others Labourchina respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Labourchina.com, You agree not to use Labourchina.com to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Labourchina.com account holders, and block access to Labourchina.com of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked. 13. The Company's Liability. Labourchina.com acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on Labourchina.com. Labourchina Networking provides a venue for individuals to network for professional purposes and Labourchina does not screen or censor the Labourchina Networking Profiles or User Content on Labourchina.com. The Company is not involved in the actual communications between Labourchina Networking Users. As a result, the Company has no control over the accuracy, reliability, completeness, or timeliness of the Labourchina Networking Profiles or User Content submitted on Labourchina.com and makes no representations about any Labourchina Networking Profile or User Content on Labourchina.com. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through Labourchina.com. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Labourchina.com. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Labourchina Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Labourchina Site and the Labourchina Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Labourchina Site or the Labourchina Content. The use of all Labourchina Site and the Labourchina Content is at your own risk. Changes are periodically made to Labourchina Site and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Labourchina Site. Employers are solely responsible for their postings on Labourchina Site. The Company is not to be considered to be an employer with respect to your use of Labourchina Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on Labourchina Site. Labourchina cannot guarantee and does not promise any specific results from use of Labourchina.com. No advice or information, whether oral or written, obtained by a User from Labourchina or through or from Labourchina.com shall create any warranty not expressly stated herein. 14. Disclaimer of Warranty. THE COMPANY DOES NOT WARRANT THAT LABOURCHINA SITE WILL OPERATE ERROR-FREE OR THAT LABOURCHINA SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF LABOURCHINA SITE OR THE LABOURCHINA CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE LABOURCHINA SITE AND LABOURCHINA CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE LABOURCHINA CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. 15. Disclaimer of Consequential Damages. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON LABOURCHINA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE LABOURCHINA SITE AND THE LABOURCHINA CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16. Limitation of Liability. LABOURCHINA'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION W