Chinese Books, Games and Culture for children : User Agreement

Welcome to Mandarama for children learning Chinese brought to you by Bamboo Learning Limited, UK. This End User License Agreement is a legal document. It governs the terms and conditions of your membership of Mandarama and use of guest area. These terms and conditions are written to ensure that you have a safe and enjoyable experience within Mandarama. This Agreement must be read carefully. By subscribing to Mandarama, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time, and represent that you are above legal age, and are either the official educator, parent or legal guardian of the child(ren) registered on your account. You are also agreeing to accept a non-exclusive, non-assignable right and license to use Mandarama.

Ownership; Copyrights And Trademarks.

User acknowledges that ownership of the Product, the Website and the Content, and all intellectual property or other proprietary rights therein, shall remain with Bamboo Learning Limited. Without limiting any other legal rights or remedies Bamboo Learning Limited may have, User agrees that any and all use of the Content by User is governed by and shall be in compliance with United States and UK trademark and copyright laws. Nothing in this Agreement shall be construed to give User ownership in the Product, the Website or the Content. User acknowledges that User has no right to use the Content other than as set forth in this Agreement. All rights not expressly granted are reserved to Bamboo Learning Limited.  

Trademark and copyright notices

The name Mandarama and logo Mandarama are copyright© Bamboo Learning Limited.

User Agreement with Bamboo Learning Limited

IMPORTANT – YOU MUST READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT ON THIS WEBSITE. BY ACCESSING THE PRODUCT AND/OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT; AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. a) Grant of License. For the Term of the Subscriber Agreement, Bamboo Learning Limited grants to the User a limited, non-exclusive, revocable license to access the Product (Mandarama) strictly via the Website(s) that Bamboo Learning Limited may set forth from time to time, and to use the Content in accordance with the terms of this Agreement. This license may not be transferred to third parties, nor may User allow an unauthorized third party to gain access to the Product, the Content or any Log-In Information (as defined below). Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and grounds for immediate termination by Bamboo Learning Limited. b) Log-In Information. User has been provided with a valid username and password for the purpose of accessing the Product and the Content (the "Log-In Information"). All Log-In Information must be kept confidential, and may only be used by User under the terms of this agreement. The unauthorized use of any Log-In Information, either with or without User's knowledge, shall be deemed a breach of this Agreement, and may constitute a violation of Bamboo Learning Limited’s copyrights. User is responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Product and/or the Content by unauthorized persons. Unauthorized access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User. c) User Agreement. Bamboo Learning Limited may from time to time make amendments to this Agreement. Such amendments will become effective when Bamboo Learning Limited posts an updated User Agreement on the Website, or when Bamboo Learning Limited otherwise provides notice to User of any amendments. User is responsible for periodically checking the posted User Agreement for updates, and User shall be bound by the terms of the User Agreement posted on the Website at the time of User's Website access. Any amended User Agreement shall supersede the previous version of the User Agreement. d) Communications from Bamboo Learning Limited regarding Mandarama. Bamboo Learning Limited will periodically contact User for customer service purposes, including without limitation by providing Product information (such as Product updates and Content changes). By accessing the Product and the Content, User consents to receive such communications.

Links to Other Web Sites

The non-subscription area of the site may include links to other Internet sites solely as a convenience to users. Bamboo Learning Limited does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Use of the Account

As the Registered Member of an Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member. You will notify us

of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, Member's password or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies and institutions by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify Mandarama.

Payment and Billing Policies

a) All subscriptions will be pre-paid.

b) Automatic Billing. Mandarama’s payment /billing system will bill your designated credit card for your subscription. Bamboo Learning Limited is subject to any restrictions imposed by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to Bamboo Learning for any reason subsequently, including charge back/rejection of your card, Bamboo Learning reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Bamboo Learning hereunder, and thereafter to collect any amount due.

c) Revision to Subscription Fees. Bamboo Learning reserves the right to change the amount of, or basis for determining, any fees or charges for the Mandarama service, and to institute new fees or charges effective upon prior notice, by posting such changes on the Mandarama site, and by sending e-mails to members.

d) Payment Options. Bamboo Learning/ Mandarama accepts Visa, Visa Electron, MasterCard, American Express, Maestro, Solo, Transax, Diners Card and JCB cards.

e) Payment / Billing Security. All transaction information passed between Mandarama and our payment gateway Protx VSP Systems is encrypted using 128-bit SSL certificate. Protx has achieved the highest level of compliance under the Payment Card Industry Data Security Standard (PCI), adhering to the most stringent levels of fraud screening, ensuring customer's details remain secure throughout the transaction process.

f) Email renewal notifications will be sent prior to the anniversary of subscription.

g) Bamboo is UK VAT registered number 928 6921 83.

Termination and Effect of Termination.

a) Termination. Bamboo Learning Limited may terminate this Agreement immediately if: (i) the underlying Subscriber Agreement is terminated in accordance with its terms; (ii) User violates this Agreement; (iii) Bamboo Learning Limited believes in good faith that User's conduct violates or may violate applicable law; or (iv) Bamboo Learning Limited believes in good faith that the conduct of User is harmful to the interests of Bamboo Learning/Mandarama or other subscribers or users.

b) Effect of Expiration or Termination. Upon expiration or prior termination of this Agreement, and except for the continuing uses permitted described above, all rights granted herein shall terminate and revert to Bamboo Learning Limited and all access to and use of Product, the Website and the Content must cease.

User Warranties. By accessing the Product and/or using the Content, User warrants as follows: (i) User will comply with the Agreement, as it may be amended pursuant to sections above; (ii) any materials User may merge with the Content, as permitted by this Agreement, do not and will not contain any libelous, unlawful or infringing materials or content, and will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy; (iii) the Product and the Content shall not be modified or altered under any circumstances; (iv) all copyright, trademark and proprietary notices included with, attached to or embedded in the Product or the Content will be maintained without modification, obstruction or deletion, including but not limited to proper attribution to Bamboo Learning Limited as the owner of the Product and the source of the Content; and (v) all Log-In Information shall be maintained confidentially.

Disclaimer Of Warranties; Limitation of Liability.

THE PRODUCT AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BAMBOO LEARNING LIMITED DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BAMBOO LEARNING LIMITED OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF BAMBOO LEARNING LIMITED’S OBLIGATIONS HEREUNDER, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. LIABILITY FOR ALL CLAIMS ARISING HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY SUBSCRIBER TO BAMBOO LEARNING LIMITED UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL BAMBOO LEARNING LIMITED BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER DAMAGES.  

Indemnification

You agree to indemnify, defend and hold harmless Bamboo Learning Limited, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

Governing Law

These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts. Bamboo Learning Limited’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. If any clause of this agreement is held to be invalid, it shall not affect the validity of the remainder of the agreement. Jurisdictional Issues Bamboo Learning makes no representation that materials on Mandarama are appropriate or available for use in all locations. Those who choose to access Mandarama do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  

Restrictions on the Use of Material

The materials on Mandarama are owned or licensed by Bamboo Learning Limited, and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, but members may download or print copies of the materials for personal, non-commercial home use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation Bamboo Learning’s copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom Bamboo Learning has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to Bamboo Learning Limited. In the event you download software from Bamboo Learning, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software"), are licensed to you by Bamboo Learning. Bamboo Learning, or our contract partners, does not transfer title to the Software to you. Bamboo Learning, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

Submissions /Contributions

Bamboo Learning/Mandarama welcome your submissions/contributions. If you send us creative suggestions, ideas, notes, stories, messages, narratives, drawings, concepts, or other contributions or content ("Submissions"), the Submissions will be deemed, and shall remain, the sole and exclusive property of Bamboo Learning Limited, and Bamboo Learning Limited will be entitled to the unrestricted use of the Submissions for any purpose whatsoever, without compensation to you unless otherwise stated in the form of a contract. None of the Submissions shall be subject to any obligation of confidence on the part of Bamboo Learning, and Bamboo Learning shall not be liable for any use or disclosure of any Submissions. Without limiting the generality of the foregoing, Bamboo Learning shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.