Welcome to the Alles Über China Terms and Conditions page. The proprietor and operator of the Alles Über China website www.allesueberchina.com (the “Website”) is Web Travel Design Limited (hereinafter referred to as “We”, “Us”, “Our”, “Alles Über China”). We run the Website and would love for you to use it. The Website, blog, forum, email newsletter, and any related services are solely designed to educate and entertain you.
“You” and “User(s)” refer to anyone who accesses the Website for any reason, such as but not limited to browsing or subscribing for our free newsletter, including contributors. “Contributor(s)” refer to any User who has an account on the Website and publishes articles under their own name.
These terms and conditions (the “Terms and Conditions”) are a reflection of the entire understanding of the relationship between Alles Über China and the User, who expressly agrees to be bound by the Terms and Conditions. We encourage You to read the Terms and Conditions carefully before accessing or using the Website.
The Terms and Conditions shall constitute an agreement between the User and Alles Über China and prevail any previous agreements, unless Alles Über China, expressly and in writing, states otherwise. If You do not agree with some or all of the Terms and Conditions, please refrain from using the Website.
The standard language of the Terms and Conditions is English and in case of any conflict between human-readable form and machine-readable form the human-readable form shall prevail. In case of any conflict between the English language and any other language version of the Terms and Conditions the English language version shall prevail.
The Website is available only to individuals who are at least 13 years of age.
Alles Über China provides the User with an online platform which is designed to provide information with relation to learning Chinese, living, working and travelling in China and incorporates technical applications that allow the User to share information with other Users.
Alles Über China does not take any part in any communication between Users and is not responsible for or party to any agreements that Users might have between themselves, as further stipulated in these Terms and Conditions.
Alles Über China does not take any part in any communication between User and any third party service providers and is not responsible for or party to any agreements between User and any such third parties, including, but not limited to, travel insurance sellers, tour agencies and schools, as further stipulated in clauses 2 and 10.
2.Affiliate services and ads
2.1 Alles Über China might also offer affiliate services recommending products and services of third parties (click here to know the specific products and services).
2.2 Should You purchase such product or service recommended by Us through one of the links on the Website We earn a commission for referring You to that product or service. It is indifferent to You, cost-wise, whether You purchase a third party service or product through a link on the Website or directly on that third party website. We would like You to know that it is not indifferent to Us, however, as successful referrals resulting in purchases enable Us to cover our expenses connected with the Website and assure a better overall quality of the content.
2.3 Alles Über China might also recommend to You some third party services and products via e-mail, in particular when You ask Us about them or ask Us to recommend You a certain service or product. The Terms and Conditions shall extend to such referral services provided by Us, despite being carried out partially outside of the scope of the Website. When You ask Us for such advises, usually through one of our contact forms, We will put the relevant third party recommended by Us in copy to the e-mail and You hereby agree for Us to transfer Your details, such as but not limited to Your e-mail address, to these third parties.
2.4 Alles Über China might sell banner and ad space on the Website to third parties. Such third parties do not form part of Alles Über China and therefore fall out of the scope of the Terms and Conditions.
2.5 Along with the above, You agree that recommendations of third party products and services, whether via affiliate programs, e-mail or ads shall at no point of time constitute an advice. Whenever you decide to use third party services or purchase third party products You shall do so at your sole responsibility.
2.6 In accordance with these Terms and Conditions, and as set further in clause 10, Alles Über China shall not be held liable for any loss, harm or damage resulting from or connected to any relationship between any third party and the User, any products purchased or services contracted by the User from any third party, even though such relationship might have been facilitated via the Website or by recommendation of Alles Über China, including but not limited to, affiliate recommendations, e-mail recommendations and advertisement. We strongly advise You to read the terms and conditions of the third parties You purchase from or contract with as the Terms and Conditions will not be applicable to such purchases or services.
3.1 The User shall use the Website in highly ethical manner without resorting to abusive or offensive content.
3.2 The User is allowed to write and publish articles on the Website, comment on articles and post links on the Website (the “Content”). The User shall be solely responsible for the Content published and shall bear any liability arising out of and any harm resulting from such Content since We disclaim all liability in this matter and reserve the right to remove any Content We deem inappropriate.
3.3 The aforementioned clause, 3.2, is applicable to all types of Content, including without limitation, text, graphics, audio or video files, and computer software.
3.4 The User shall not use, upload, post, email, transmit, or otherwise make available on the Website any Content which:
3.4.1 may be and can be deemed as harmful to the interests of Alles Über China or any associated parties or any other Users;
3.4.2 violates laws and statutes in any manner, promotes anti-constitutional organisations or displaying the insignia of such organisations or glorifies violence;
3.4.3 is or can be deemed to be racist, pornographic, sexist, harmful to young persons; related to narcotics trafficking, inciting or downplaying the consumption of narcotics, inciting criminal offences, gambling, insult or slander, defamation, etc;
3.4.4 breaches any rights of any third party, such as but not limited to copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights;
3.4.5 is libellous or defamatory, contains threats or incite violence towards Us, any individuals or entities or another User, and/or violates the privacy or publicity rights of any third party. User shall bear all responsibility for any defamatory, libellous, offensive, objectionable and abusive Content the User post or share, since We disclaim all liability in this matter and reserve the right to remove any Content We deem inappropriate;
3.4.6 includes information for which the User has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);
3.4.7 constitutes spam, machine-generated or randomly-generated and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
3.4.8 contains or installs viruses, worms, malware, Trojan horses or other harmful or destructive content;
3.4.9 intends to disrupt, destroy, limit, or impair the Website service or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc.
3.5 The User shall have the freedom to post comments in forums, provide suggestions or proposals to Us through the following contact form. Notwithstanding that, and complying with data protection legislation, in no event, We are obliged to (a) maintain any confidentiality of User´s submission, comment or proposal; (b) respond or accept User´s suggestions, comment, proposal or submission in any way.
3.6 We reserve the right to employ any of User´s suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to the User.
3.8 Alles Über China does not review all the Content posted to and published on the Website, and cannot therefore be responsible for that Content, its use or effects. By operating the Website, Alles Über China does not represent or imply that it endorses the Content posted thereon, or that it believes such material to be accurate, useful or non-harmful.
3.9 The User hereby agrees to indemnify Us, Alles Über China or any affiliated entities for any liability that it may have to incur due to the posted Content, as it is further stipulated in section 11.
4.User’s undertakings and warranties
4.2 By making Content available on the Website, You represent and warrant that:
4.2.1 the downloading, copying and use of the Content does not constitute an infringement of any the intellectual property rights, including but not limited to copyright, patent, trademark or trade secret rights, of any third party;
4.2.2 in case of Your employer or any other third party being a legitimate owner of the intellectual property created by You, You have either (a) received permission from them to make available the Content which entails a disclosure of such intellectual property or (b) secured a waiver as to all intellectual property rights in or to the Content from the legitimate owner of such rights;
4.2.3 You have fully complied with any third-party licenses relating to the Content, and have undertaken all necessary steps to be able to republish such Content;
4.2.4 the Content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
4.2.5 the Content is not named in a manner that misleads Your readers into thinking that You are another person or company. For instance, Your blog or comment’s URL or name is not the name of a person other than Yourself or company other than Your own;
4.2.6 You have, in the case of the Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Alles Über China or otherwise;
4.2.7 Without limiting any of those representations or warranties, Alles Über China has the right (though not the obligation) to (a) refuse or remove any content that, in Alles Über China’s reasonable opinion, violates any Alles Über China policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Website to any individual or entity for any reason, in Alles Über China’s sole discretion.
4.3 You hereby acknowledge that:
4.3.1 You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
4.3.2 The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors.
4.3.3 The Website may feature Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
4.4 Alles Über China disclaims any responsibility for any harm resulting from the use by Users of the Website, or from any downloading by those Users of Content posted thereon.
The User shall be solely responsible for User´s actions and interactions on the Website. At no time shall Alles Über China be held liable for, involved in resolution of, or asked for compensation with regard to, any kind of dispute between any two or more Users.
6.Content posted on third party websites
6.1 We do not review the Content made available through the websites and webpages to which the Website links, and which link to the Website (“Third Party Website(s)”) Alles Über China does not have any control over Third Party Websites and is not responsible for their contents or their use. By linking to any such Third Party Website Alles Über China does not represent or imply that it endorses such website or webpage and the content posted thereon.
6.2 You are responsible for taking precautions as necessary to protect Yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Alles Über China disclaims any responsibility for any kind of harm, loss or damage resulting from Your use of any Third Party Websites.
7.Intellectual property rights
7.1 As Alles Über China asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Website violates your copyright, You are encouraged to notify Alles Über China through the following contact form. Alles Über China will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Alles Über China or other parties, Alles Über China may, in its discretion, terminate or deny such User’s access to and use of the Website. In the case of such termination, Alles Über China will have no obligation to provide any compensation to the User.
7.2 The contents of the Website (excluding photos) and the downloadable files provided thereon are protected by international copyright (www.DMCA.com). The User shall, at no time, republish, copy, adapt, create derivative works from or otherwise distribute the contents of the Website, the underlying source code or any elements of the design, unless it is otherwise, expressly and in writing, authorized by Alles Über China, which reserves all rights to the Website and its contents.
7.3 The photos on the homepage (www.allesueberchina.com), on the Website’s header, on the Website’s sidebar, and on the cover of Our e-Books are copyright Deposit Photos, Inc.
The photos on the “hotel review” pages (all linked from this page) are copyright Agoda.com – Priceline Group.
For all the other pages published on the Website, unless otherwise specified at the bottom of the page (or just below the photo), the copyright of the photos is owned by the Author of the article published on the page.
Alles Über China reserves the right, at its sole discretion, to modify or replace any part of the Terms and Conditions. It is Your responsibility to check the Terms and Conditions periodically for any amendments. Your continued use of or access to the Website following the posting of any modifications to the Terms and Conditions constitutes acceptance of those modifications.
Alles Über China may also, in the future, offer new services on and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms and Conditions.
9.1 We hereby reserve the right to terminate our relationship with any User (the “Agreement”) who have, due to their public display of dispute, tarnished the image and popularity of the Website or whom We reasonably believe that may do so in future by banning them from using the Website.
9.2 Alles Über China may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
9.3 If You wish to terminate the Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.Limitation of liability
10.1 In no event shall Alles Über China, its suppliers, licensors or affiliates, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Alles Über China under this agreement during the twelve (12) month period prior to the cause of action. Alles Über China shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10.2 In no event shall Alles Über China be held liable for any harm, loss or damage resulting from User’s relationships and agreements with other Users and/or any third parties, as set forth in the Terms and Conditions. The provisions set forth in this clause shall extend to third party services and products You might have been referred to via the Website, e-mail or ads posted on the Website as established in clause 2. Alles Über China disclaims all responsibility and shall not be held liable for any harm, loss or damage with regard to such relationships and agreements.
10.3 At no point of time shall Alles Über China be held responsible or liable with regard to the User posted Content, as set forth in clause 3. User shall bear all responsibility for all Content the User posts or shares, since We disclaim all liability in this matter and reserve the right to remove any Content We deem inappropriate.
11.Disclaimer of warranties and indemnity
11.1 The Website is provided “as is”. Alles Über China, its suppliers, licensors and affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Alles Über China nor its suppliers, licensors or affiliates, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11.2 You agree to indemnify and hold harmless Alles Über China, its contractors, licensors, affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation the Terms and Conditions.
Every clause of these Terms and Conditions is deemed lawful, unless it is otherwise declared by a competent court. We maintain that if any of the clauses or sections of the Terms and Conditions are declared void or without effect by a competent court, it shall not affect the enforceability of the rest of the terms, which shall continue to be in force without any change in understanding.
13.Choice of law and venue
The Terms and Conditions are construed and shall be governed by the laws of Hong Kong. Disputes between the parties arising out of or in connection with the Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
Last Modification: 5 April 2018