TERMS OF USE (TOU) – WESHALL PEN PALS PROJECT
You may not use the site or the services if you do not agree to these terms of use. If you are under the age of 18, you must obtain the consent of your parent or guardian to use the website before submitting any user content.
WeShall Pen Pal Project Obligation to You
Subject to the Terms of Use (TOU), Children will:
1. Inform you of any changes to the TOU. These will be highlighted in the Modifications section of the TOU.
2. Remind you of aspects of ‘Your Obligation to WeShall Pen Pal' at appropriate times during your participation in the project.
3. Treat your personal information in a responsible manner. See Security and User Privacy as well as Privacy Policy.
4. Answer any enquiries you have regarding the TOU, project and your participation.
Your Obligation to WeShall Pen Pal Project
1. You will accept this Terms of Use (TOU), including the liability and indemnification, as specified herein.
2. You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from WeShall Education.
3. Your parent or guardian gives consent to use the Service.
4. You will at all times use the Service in good faith and in a responsible manner.
5. You will use the Service solely for the purpose of establishing a genuine friendship between youth.
6. You shall not disseminate any unsolicited or unauthorized advertising, promotional/political/religious materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
7. You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any user and/or WeShall Pen Pal Children.
8. Comply with all terms of User Conduct of the TOU.
Protecting Our User’s Privacy
Please refer to our Privacy Policy.
We do not sell or rent out any information you submit as part of the WeShall Pen Pal Project/Service.
We do not publicly show your personal information without your permission (including your name, address, e-mail, etc.).
The WeShall Pen Pal Project is set up so that you can submit your request online and our team will match you with another WeShall Pen Pal friend. You will be emailed by a WeShall Education staff member and notified of the contact information of your assigned Pen Pal friend. During this private exchange, facilitated by WeShall Education staff, we will share your name, age, gender, photo and video.
By participating in the WeShall Pen Pal Project you agree to the Terms of Use.
User Conduct
As a condition of your use of the WeShall Pen Pal Project/Service, you guarantee to WeShall Education that you will not use the Project/Service for any purpose that is unlawful and/or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your name made by you including the content of your transmissions through the project. By way of example,
and not as a limitation, you agree NOT to:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise
objectionable material or information.
3. Create a false or misleading identity of, including, but not limited to, a WeShall Education employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
4. Transmit, e-mail or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.
5. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right (‘Rights’) of any party or infringes any intellectual property law or any other applicable law.
6. Disseminate any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
7. Interfere with another user’s use and enjoyment of the project.
8. Without prejudice to the Security and User Privacy, WeShall Education has no obligation to monitor the project or any user’s use thereof.
Disclaimer of Warranties
You understand and agree that:
1. Your use of the WeShall Pen Pal Project/Service is at your sole risk.
2. The Service is provided on an ‘as is’ and ‘as available’ basis and the warranties on the part of WeShall Education contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of WeShall Education, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
3. The information and content included in or available through the Service may include inaccuracies or typographical errors.
4. Changes are periodically added to the information contained with the Service and WeShall Education and/or its respective suppliers may make improvements and/or changes in the Service at any time.
5. No advice or information, whether oral or written, obtained by you from WeShall Education or through the WeShall Pen Pal Project/Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, WeShall Education does NOT represent or warrant that:
1.The Service will meet your requirements.
2. The Service will be uninterrupted or error-free, timely or secure.
3. Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
4. The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
5. The content of the Service input by other members is correct or accurate.
Limitation of Liability
In no event shall WeShall Education nor any of its officers, directors, employees, and any 3rd party partners, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and WeShall Education, including its officers, directors and employees and 3rd Party Partners, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent WeShall Education and any 3rd Party Partners from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of
any of the provisions of these TOU.
Severability
If any provision of these TOU is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions
herein.
Variation of Terms
WeShall Education is permitted to revise these TOU at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment
WeShall Education shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these TOU.
Entire Agreement
These TOU, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between WeShall Education and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These TOU will be governed by and construed in accordance with the laws of the People Republic of China, and you submit to the non-exclusive jurisdiction of the country and courts located in Shanghai, China for the resolution of any disputes.
Created 07/07/2022
Modifications
07/07/2022