Terms and Conditions

Fanping Terms of Use

Posted Date: July 1, 2015

Fanping Ltd. (hereinafter “Fanping”) welcomes you as a user (each a “user”, “you”, or “student”) of Fanping’s pre-application verification services currently located at www.fanping.org (“Site”) provided that you agree to abide by these terms and conditions (the “Terms of Use” or “Terms”). The term “Site” may also be referred to herein as the “Services.” The purpose of this Site is to provide U.S. academic institutions (“Schools”) with verified demographic and identity information of foreign student applicants (“Student Data”) for the Schools use to determine whether or not the Student shall be admitted to the School. By using the Site, you (i) accept the Terms and agree to be bound by them; (ii) represent and acknowledge that you have the legal authority to accept the Terms; and (iii) represent and warrant that you are at least sixteen (16) years of age. Furthermore, Fanping reserves the right, at any time, to modify, alter, or update these Terms. Any such change shall be effective upon the "Posted Date" above. Your continued use of the Site shall be deemed acceptance of the new or modified Terms. If you do not accept these Terms or any future Terms, you are not authorized to use the Site and you must discontinue use of the Site. Additionally, Fanping reserves the right at any time with or without cause to modify, update, or remove the Site or any Services, Student Data, or Content (as defined below) related to or provided on or through the Site, or otherwise terminate these Terms.

Governing Law

Fanping manages the Site from its offices within Franklin County in the State of Ohio. By accessing the Site, you and Fanping agree that the Terms shall be governed by the laws of the State of Ohio, and any controversy or claim arising out of or relating to this Agreement or any breach thereof shall be brought only in a federal or state court of competent jurisdiction in Franklin County, Ohio. Both you and Fanping each agree that such courts shall have personal jurisdiction over you and waive, fully and completely, any right to dismiss the action for forum non conveniens, and/or transfer the venue of the action.

Site Content

Fanping owns the Site and, collectively Fanping and/or the Schools own or license all of the pictures, content, text, graphics, layout, trademarks, software, and information on the Site (collectively “Content”), and nothing hereunder transfers, licenses, assigns, or conveys any right, title, or interest in or to such Content to you. Notwithstanding the foregoing, Fanping hereby licenses to you a limited, non-exclusive, non-transferable, right to access and use the Site in accordance with these Terms and only so long as you comply with these Terms and to the extent they have not otherwise been terminated by Fanping. As between Fanping, the Schools, and you, the Content shall be owned by Fanping (or, if applicable, the Schools) including any intellectual property rights in the Content. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, modified, or distributed in any way without the prior written permission of Fanping in each instance. Modification or use of the Content or the Site for any other purpose except as expressly permitted hereunder is a violation of the rights of Fanping and/or the Schools and a breach of these Terms. “Fanping” and its logos and other trademarks are owned by Fanping. Other third party trademarks (including those of the Schools or any Payment Processor) are used with the permission of their respective owners. You agree not to use or display such trademarks without the prior written consent of Fanping or the owner of such trademark. Fanping disclaims any warranty or representation, express or implied, about the accuracy, completeness or appropriateness of the Content contained on the Site. Neither the author nor Fanping shall be held responsible or liable for any claim, loss or damage arising from the use of the Content.

Site Functions

This Site may not always function properly and you have absolutely no guarantee or warranty of its proper function or delivery of your Student Data to the Schools except that Fanping will use commercially reasonable efforts to provide your Student Data to your selected Schools. This Site, the Schools, and the staff associated with each are in NO WAY responsible for the operating systems, computers, mobile devices, or other devices or software used to access, display, operate, or render the Site, nor are they responsible for the availability, security, or performance of your Internet connection, mobile network connection, Wi-Fi, or other connections or hardware associated with your connection to, use, or any aspect of the transmission of data involving the Site. You use this Site, your network/Internet connections, and associated hardware and software, at your own risk.

User Profiles

To use or take advantage of some Services provided by Fanping on the Site, you may be required to create a user account on the Create Your Profile portion of the website (“User Profile”). In order to create this account, you may need to provide some personally identifying information as well as create a user id and password, or Fanping may (in its discretion) provide the user id and password to you. You are solely responsible for the confidentiality and security of your user id and password you create (or as provided by Fanping to you) to establish a User Profile, and you agree that Fanping will not be liable for any unauthorized use of or access to your User Profile as a result of the use of the Site through your user id or password, or your loss or disclosure of your user id or password.

Student Data; Privacy

You may upload your Student Data to the Site which may include without limitation an electronic copy of your National identification card (as may be instructed by the Site), your name, physical address, email address, phone number, date of birth, and a brief video of yourself in accordance with the Sites instructions (“Student Video”). Fanping does not collect nor should you attempt to submit any additional personal information including without limitation as bank account numbers, credit card numbers (excluding information provided directly to the Third Party Payment Processor), identification numbers, medical information, student records or information, or government id numbers. To the extent the Student Data contains personal information about you or your visit to the Site, Fanping will use and disclose such additional personal information only pursuant to its Privacy Policy, a copy of which is located [HERE]. You hereby grant to Fanping a perpetual, worldwide, irrevocable, non-exclusive license to use, create derivative works of, copy, and disclose the Student Data you provide to Fanping for its internal business operations and to provide such Student Data to the Schools you select. Notwithstanding anything to the contrary contained herein, you hereby represent and warrant that (i) you own all intellectual property rights in or to any Student Data provided to the Fanping including without limitation the Student Video, (ii) Fanping use of the Student Data does not and will not infringe or violate any third party’s intellectual property, proprietary, or contractual rights; (iii) the information provided by you is an accurate representation of you and not in any way on behalf of another individual or that is deceptive or fraudulent; (iv) you will not upload any images or videos that are illegal, abusive, obscene, or are unrelated to your potential application to the Schools; and (v) your use of the Site and the Services does not and will not violate any applicable laws.

Linked Sites

Fanping may provide links to other sites for the purpose of convenience, providing additional information to you, or to facilitate payment services (as described in more detail on the Site) (“Linked Site”). A link does not constitute approval or an endorsement of the provider of the Linked Site or its content, quality, legality, reliability or any other characteristic or feature of the Linked Site. Fanping is not responsible in any manner (including, without limitation, with respect to any loss or injury you suffer) for any matter associated with a Linked Site. Fanping MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any Linked Site may be subject to terms and conditions and privacy policies applicable to that Linked Site. Fanping cannot ensure that all external links are active or appropriate.

Payment Services

The Site provides certain payment services to enable you to pay the one-time fee for the Services through Fanping (collectively “Payment Services”). Fanping may provide these Payment Services directly or through its third party payment processors or other service providers (collectively “Third Party Payment Processors”). As of the Posted Date, Fanping will be providing these Payment Services through www.paypal.com. . In order to utilize the Payment Services, you must (i) agree to these Terms; and (ii) agree to any Third Party Payment Processor’s privacy policy and terms and conditions, which will be made available to you by the Third Party Payment Processor prior to your use of the Payment Services. Fanping does not in any way guarantee the availability or performance of these Payment Services nor does Fanping assume any liability for these Third Party Payment Processors. Fanping reserves the right to refuse, delay, or terminate any payment using the Payment Services, and such refusal, delay, or termination may result in your payment not being processed or Services may not be provided.

Fanping or its Third Party Payment Processors may also require additional verification or information before accepting any payment. In the event any payment is reversed, cancelled, or terminated, Fanping or its Third Party Payment Processor will give prompt notice of such reversal, cancellation, or termination. Fanping or its Third Party Payment Processor will notify you by using either your email or phone number given to it when you created your User Profile. To the extent that a payment that was either refused, cancelled, or terminated is charged to your bank/debit/credit account, Fanping or its Third Party Payment Processor will issue a credit to your bank/debit/credit account in the amount of the payment charged within thirty (30) days. You acknowledge and agree that Fanping is not and will not be liable to you for any bank/debit/credit charges or fees assessed by any financial institution related to the issuance of a credit by Fanping or its Third Party Payment Processor to you, or related to any payment made by you to Fanping or its Third Party Payment Processor. Furthermore, you represent and warrant that (i) the bank/debit/credit accounts and information you provide to Fanping or its Third Party Payment Processor are true, complete, and valid; (ii) you are the card/account holder or otherwise have all necessary authorization and rights to use the funds from the bank/debit/credit account; (iii) the bank/debit/credit accounts have sufficient funds/credit to cover the payments made; and (iv) you will pay the charges incurred by you in the amounts posted to such accounts, including any applicable taxes. Except as expressly provided herein, all payments made to Fanping or its Third Party Payment Processor are non-refundable.

Denial of Access

If, in Fanping’s sole discretion, you fail to comply with any term or provision of these Terms, Fanping may deny you access to the Site. In the event of such denial of access, you are no longer authorized to access or use the Site, and the restrictions imposed upon you with regard to the limitations of liability, warranty disclaimers, and indemnification obligations set forth herein shall continue in full force and effect.

Unauthorized Use

Tampering with the Site; misrepresenting the identity of a user; using stolen or unauthorized bank/debit/credit account information to make payments on the Site; circumventing, disabling or otherwise interfering with security features on the Site or on any Linked Site; impersonating any individual or otherwise misrepresenting your identity, qualifications, or information provided to the Site; violating, misappropriating, or infringing any third party’s intellectual property rights by use of the Site or submission or any Student Data; interfering with or disturbing related or connected computer networks, hardware and databases; knowingly transmitting or propagating illegal, malicious, fraudulent, harmful, objectionable, or obscene material, content, or software including without limitation viruses, spam, or malware; or conducting fraudulent activities on or through the Site are strictly prohibited.

No Warranties

USE OF THE SITE OR SERVICES HEREUNDER DOES NOT IN ANY WAY GUARANTEE ADMITTANCE TO ANY SCHOOL, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT Fanping MAKES NO ADMISSION DECISIONS, HAS NO AUTHORITY TO ADMIT STUDENTS TO ANY SCHOOL, OR ACTS IN ANY WAY TO INFLUENCE ANY ADMISSION PROCESS, AND Fanping HEREBY DISCLAIMS ALL WARRANTIES AND LIABILITIES RELATED THERETO. FURTHERMORE, YOU USE THE SITE, SUBMIT STUDENT DATA, USE ANY SERVICES PROVIDED ON OR THROUGH THE SITE, AND THE CONTENT AT YOUR OWN RISK. THE SITE, THE SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. Fanping MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE SITE OR ANY SERVICES OR CONTENT. Fanping ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITE, SERVICES, OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Fanping EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHERMORE, Fanping MAKES NO WARRANTY THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE, FREE FROM VIRUSES OR MALWARE, OR THAT THE INFORMATION THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR CONTENT WILL BE ACCURATE OR RELIABLE.

Limitation of Disclaimer

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND ITS SERVICES OR CONTENT IS TO CEASE USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Fanping SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, LOSSES, OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES, THE CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND Fanping’ TOTAL AND AGGREGATE LIABILITY TO YOU HEREUNDER SHALL IN NO EVENT EXCEED FIVE HUNDRED DOLLARS $500.00 USD.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Fanping AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF (A) YOUR BREACH OF THE TERMS OR (B) YOUR USE OF OR ACCESS TO THE SITE.