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TERMS OF SERVICE

eGuanxi wants your experience to be as rewarding, safe, and pleasant as possible. To accomplish this objective, you and all other users and members, agree to abide by the following code of conducts and terms of use.
  1. ACCEPTANCE OF TERMS

    eGuanxi provides an online exchange for favors (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS"). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular eGuanxi services, you agree to abide by any applicable posted guidelines for all eGuanxi services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with eGuanxi in any way, your only recourse is to immediately discontinue use of eGuanxi. eGuanxi has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.

  2. MODIFICATIONS TO THIS AGREEMENT

    We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at:

    http://www.eGuanxi.com/about/termsOfService.html

  3. CONTENT

    You understand that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that eGuanxi does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the eGuanxi site and Content available through the Service may contain links to other websites, which are completely independent of eGuanxi. eGuanxi makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will eGuanxi be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that eGuanxi does not pre-screen or approve Content, but that eGuanxi shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

  4. THIRD PARTY CONTENT, SITES, AND SERVICES

    Your interactions with organizations and/or individuals found on or through the Service, including delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

    You agree that eGuanxi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that eGuanxi is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release eGuanxi, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you do have a claim or issue against another user, please email and may try to help resolve the issue or possibly revoke account privileges of abusing members.

  5. PRIVACY AND INFORMATION DISCLOSURE

    eGuanxi has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

    http://www.eGuanxi.com/privacyPolicy.php

    Your use of the eGuanxi website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that eGuanxi may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of eGuanxi, its users or the general public.

  6. CONDUCT

    You agree not to post, email, or otherwise make available Content:

    1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
    2. that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
    3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    4. that includes personal or identifying information about another person without that person's explicit consent;
    5. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    6. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
    7. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    8. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
    9. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

      Additionally, you agree not to:


    10. offer cash, or request cash, for favors - Guanxi Points only. Guanxi Points can only be traded for favors. You cannot sell Guanxi Points to other members or buy Guanxi Points from other members. If you do, you will be expelled immediately from eGuanxi and you will forfeit all your Guanxi Points.
    11. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
    12. "stalk" or otherwise harass anyone;
    13. collect personal data about other users for commercial or unlawful purposes;
  7. NO SPAM POLICY

    You will not spam eGuanxi members or eGuanxi email addresses and send either group chain letters, unsolicited marketing messages, or viruses or use our site to transmit same.

  8. LIMITATIONS ON SERVICE

    You acknowledge that eGuanxi may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that eGuanxi has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that eGuanxi reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that eGuanxi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  9. TERMINATION OF SERVICE

    You agree that eGuanxi, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if eGuanxi believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that eGuanxi shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination

  10. DISCLAIMER OF WARRANTIES

    YOU AGREE THAT USE OF THE EGUANXI SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE EGUANXI SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EGUANXI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE EGUANXI SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EGUANXI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EGUANXI SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE EGUANXI SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EGUANXI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE EGUANXI SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  11. LIMITATIONS OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL EGUANXI BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EGUANXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE EGUANXI SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE EGUANXI SITE OR THE SERVICE, FROM INABILITY TO USE THE EGUANXI SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE EGUANXI SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EGUANXI SITE OR THE SERVICE OR ANY LINKS ON THE EGUANXI SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EGUANXI SITE OR THE SERVICE OR ANY LINKS ON THE EGUANXI SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  12. INDEMNITY

    You agree to indemnify and hold eGuanxi, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  13. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

    Please report any violations of the TOS, by flagging the posting(s) for review, or by emailing to:

    Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

    You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for eGuanxi to pursue legal action to enforce these Terms, you will be liable to pay eGuanxi the following amounts as liquidated damages, which you accept as reasonable estimates of eGuanxi's damages for the specified breaches of these Terms:

    1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay eGuanxi one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
    2. If eGuanxi establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay eGuanxi one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access eGuanxi in excess of such limits, whichever is higher.
    3. If you send unsolicited email advertisements to eGuanxi email addresses or through eGuanxi computer systems, you agree to pay eGuanxi twenty five dollars ($25) for each such email.
    4. If you post Content in violation of the TOS, other than as described above, you agree to pay eGuanxi one hundred dollars ($100) for each Item of Content posted. In its sole discretion, eGuanxi may elect to issue a warning before assessing damages.
    Otherwise, you agree to pay eGuanxi’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, eGuanxi retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.