User Agreement
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using this site, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use this site. MY Yangtze Cruise may modify this User Agreement from time to time and your continued use of this site or MY Yangtze Cruise's services will be conditioned upon the terms and conditions in force at the time of your use.
OWNERSHIP
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of MYYANGTZECRUISE.com and/or its third party suppliers and content providers ("Third Party Suppliers"). Certain data related to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of MY Yangtze Cruise and/or its Third Party Suppliers. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of MY Yangtze Cruise, or such other party that may own the Trademarks. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of MY Yangtze Cruise, and/or its Third Party Suppliers, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are responsible for all uses of this site by you and those using your information.
USE OF SITE
MY Yangtze Cruise grants you a limited, non-transferable license to access and make personal use of this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases for personal, non-commercial use and shall not use this site for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. For avoidance of doubt, this license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents. Without limiting the foregoing, you may not:
use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written consent of MY Yangtze Cruise;
utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any MY Yangtze Cruise Web page or underlying application;
transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise;
use any device, software or routine to interfere or attempt to interfere with the proper working of this site;
take any action that imposes a burden or load on our infrastructure that MY Yangtze Cruise deems in its sole discretion to be unreasonable or disproportionate to the benefits MY Yangtze Cruise obtains from your use of the site; or
post or transmit (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.
In its sole discretion, in addition to any other rights or remedies available to MY Yangtze Cruise and without any liability whatsoever, MY Yangtze Cruise at any time and without notice may terminate or restrict your access to this site. If you have been notified by MY Yangtze Cruise that you are prohibited from using the site, then notwithstanding the foregoing you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. MY Yangtze Cruise may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site, or in any other reasonable manner. MY Yangtze Cruise reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you.
SUBMITTED CONTENT; REVIEW OF TRANSMISSIONS
These terms and conditions apply to any journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by MY Yangtze Cruise from you (collectively "Submitted Content"). MY Yangtze Cruise shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that MY Yangtze Cruise deems inappropriate or in violation of these terms and conditions. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and MY Yangtze Cruise disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to MY Yangtze Cruise and for the use by MY Yangtze Cruise as stated herein, and (b) the use of such Submitted Content by MY Yangtze Cruise will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant MY Yangtze Cruise a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant MY Yangtze Cruise the right to pursue at law any person or entity that violates your or MY Yangtze Cruise's rights in the Submitted Content by a breach of this User Agreement. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site or on-line service without MY Yangtze Cruise's prior written consent, which consent may be withheld by MY Yangtze Cruise in its sole discretion. You agree that MY Yangtze Cruise may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with MY Yangtze Cruise's Third Party Suppliers, distribution partners, customers and other third parties.
CURRENCY CONVERSION
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date when currency was last updated. The information supplied by this application is believed to be accurate, but MY Yangtze Cruise and/or its Third Party Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under China copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices and counter-notices with respect to the site should be sent to MYYANGTZECRUISE.com, 15-1, Chongqing Chamber of Commerce Building, Hongjin St., Yubei District, Chongqing. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
EXCLUSION OF WARRANTIES
NEITHER MY YANGTZE CRUISE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NEITHER MY YANGTZE CRUISE NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER MY YANGTZE CRUISE NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM MY YANGTZE CRUISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
THIS SITE CONTAINS LINKS TO OTHER WEB SITES WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY MY YANGTZE CRUISE OR ITS THIRD PARTY SUPPLIERS OF THE CONTENTS OF SUCH OTHER WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. NEITHER MY YANGTZE CRUISE NOR ANY THIRD PARTY SUPPLIER SHALL BE RESPONSIBLE FOR THE CONTENT OF ANY OTHER WEB SITES AND MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEB SITES OR THE CONTENTS OR MATERIALS ON SUCH WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. IF YOU DECIDE TO ACCESS OTHER WEB SITES, OR TO USE SUCH GOODS OR SERVICES, YOU DO SO AT YOUR OWN RISK. BY MARKETING TRAVEL TO INTERNATIONAL DESTINATIONS, MY YANGTZE CRUISE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
MY YANGTZE CRUISE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT THIRD PARTY SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON THE SITE AND/OR TO CHANGE OR CANCEL PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR PAYMENT MADE. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
LIMITATION OF LIABILITY
MY YANGTZE CRUISE ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
IN NO EVENT SHALL MY YANGTZE CRUISE OR ANY OF ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY MY YANGTZE CRUISE OR ANY OF ITS THIRD PARTY SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
THE THIRD PARTY SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MY YANGTZE CRUISE. MY YANGTZE CRUISE IS NOT LIABLE FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR AGENTS OF THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
MY YANGTZE CRUISE SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE FOREGOING, MY YANGTZE CRUISE OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE LIABILITY OF MY YANGTZE CRUISE AND THE THIRD PARTY SUPPLIERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID TO MY YANGTZE CRUISE IN CONNECTION THEREWITH. SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF CHINA LAW AS DESCRIBED BELOW, DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You shall defend and indemnify MY Yangtze Cruise and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of these terms and conditions any law or the rights of a third party).
RESOLUTION OF DISPUTES
This User Agreement and its performance shall be governed by the laws of People's Republic of China, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between you and MY Yangtze Cruise, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MY Yangtze Cruise agree that we shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of your use of this site or our services, this User Agreement, or the parties' relationship in connection with this site or this User Agreement in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting MY Yangtze Cruise, since most customer concerns can be resolved quickly and satisfactorily in this manner.
PRIVACY
You have read the MY Yangtze Cruise Privacy Policy, the terms of which are incorporated herein, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by MY Yangtze Cruise and/or its Third Party Suppliers in accordance with the terms of and for the purposes set forth in the MY Yangtze Cruise Privacy Policy.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to MY Yangtze Cruise as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that MY Yangtze Cruise shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.
TAXES, GOVERNMENTAL FEES, TAX RECOVERY CHARGES AND SERVICE FEES
A number of taxes, governmental fees, Tax Recovery Charges, and service fees may apply to your transactions on this site. You have read "Information on Taxes, Governmental Fees, Tax Recovery Charges and Service Fees", the terms of which are incorporated herein, and you consent to our policies set forth therein.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions of MY Yangtze Cruise and/or its Third Party Suppliers may apply to reservations, purchases of goods and services and other uses of portions of this site and our services. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any amounts paid for such reservation(s). MY Yangtze Cruise may charge you for any costs we incur as a result of such violation. You acknowledge that some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
MISCELLANEOUS
The relationship between MY Yangtze Cruise and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
