This Terms of Use Agreement (hereinafter “Agreement”) prepared by Hsiyun Wing, a Delaware limited liability company (hereinafter “Hsiyun”), sets forth rules on how you can appropriately use the Website hsiyunwu.com (hereinafter “Website”). By accessing, visiting, or using this Website, you acknowledge and indicate that you have read and agree to this Agreement include the following terms. If you do not agree to any of these terms, please stop using this Website immediately. 

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Hsiyun’s privacy policy/cookies policy.]

How to Properly Use this Website: 

Hsiyun is pleased to grant you a non-exclusive, non-transferable, royalty-free, revocable, and limited right and license to view and use the Website, and/or copy and download any Web pages or materials from this Website and save such copies to your computer(s) for non-commercial personal use only. All other use of this Website is expressly prohibited. 

You may not copy, modify, resell, rent, republish or redistribute any content from this Website for commercial gains without Hsiyun’s prior written approval.  You may not either directly or indirectly, sublicense or assign this Agreement. You may not access, visit or use this Website in any illegal or harmful way. 

You understand and agree that all ownership rights in the website, for example any patents, trademarks, copyrights, or other proprietary or intellectual property rights belong exclusively to Hsiyun. You have no ownership rights in any of Hsiyun’s proprietary or intellectual property rights and shall acquire no ownership of any such rights as a result of its performance or breach of this Agreement. 

Hsiyun reserves full rights to terminate this Agreement with you, stop providing you access to this Website, and/or seek any monetary damages from you if you violate any terms of this Agreement. Upon termination of this Agreement, all of your limited rights to use this Website shall terminate immediately except as otherwise provided herein. You must immediately destroy all copies of downloaded content from this Website (e.g., Web pages or material on this Website) in your possession, control or custody. 

Disclaimer of Warranties 

This Website is provided “as is” without any express or implied representations or warranties. Hsiyun does not make any representation or warranty as to the accuracy of and completeness of any content or information provided on this Website. You understand and agree that it is at your sole risk to use this Website. It is your sole responsibility to make sure that you are accessing and using the most up-to-date version of this Website. Hsiyun reserves full rights and freedom to make any changes to this Agreement or Website or stop providing access or service to the Website at any time without providing any notice to you. 

Limitation of Liability

Hsiyun shall not be liable for any incidental, indirect, special, exemplary or consequential damages, lost or prospective profits, or lost business opportunities even if advised of the possibility of the same.  

Confidential Information and User Content

You agree and understand that you should not send any confidential information to Hsiyun through your use of this Website. Any information that you provide or send to Hsiyun will NOT be deemed to be confidential. By sending any information, content, or materials (hereinafter “Content”) to Hsiyun, you grant to Hsiyun a worldwide, irrevocable, non-exclusive, royalty-free license to copy, republish, redistribute, redisplay, perform, modify, create derivative works from, and otherwise freely use the Content. You represent and warrant to Hsiyun that you are the owner of all rights, including all copyrights in and to all  Content sent by you, and such Content is legal, lawful, accurate, complete, and free of any third party claims or disputes. Hsiyun reserves the full rights and freedom to edit, modify, change, or delete any of the information posted by you on this Website without any notice to you. 

Indemnity 

You agree to defend, indemnify and hold harmless Hsiyun, its officers, agents and employees from and against any and all claims (including those for infringement), damages, liabilities, suits, actions, judgments, penalties and taxes, civil and criminal, and all costs and expenses (including without limitation reasonable attorneys’ fees) incurred in connection therewith, arising out of or related to your use of this Website. 

Copyright or Any Other Intellectual Property Infringement Notice

If you believe your copyright-protected work or any of your intellectual property work was used on this Website without authorization, you may submit a copyright or Intellectual Property infringement notification pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c) to Hsiyun at the address below. These requests should only be submitted by the intellectual property owner or an agent authorized to act on the owner’s behalf. 

Notices to Hsiyun should be sent to: 

Hsiyun Wing

[email protected]

Attn:  Punz Wing

Such notice must include the following to be effective:

1. A physical or electronic signature of a person authorized to act on behalf of the owner;
2. An identification of the work or a list of the works claimed to have been infringed;
3. An identification and description of the material that is claimed to be infringing, and information reasonably sufficient to permit Hsiyun to locate the material (for example, a URL to the specific Web page that contains the material on our Website);
4. Your name, address, telephone number, and, if available, an e-mail address; 
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Entire Agreement 

This Agreement represents the entire agreement between Hsiyun and you pertaining to your use of this Website.  This Agreement may not be amended or modified, in whole or in part, except by a written agreement duly executed by both Hsiyun and you. Hsiyun’s failure to insist upon strict adherence to any provision of this Agreement, in whole or in part, on one or more occasions, shall not constitute a waiver of its right to insist upon the strict performance of that or any other provision or part thereof in the future.

Choice of Law and Jurisdiction 

This Agreement and any claims or disputes arising out of or in connection with this Agreement shall be subject to and governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its principles of conflicts of laws. Any disputes and judicial proceedings brought with respect to this Agreement shall be subject to the exclusive jurisdiction of the federal and/or states courts located in Pennsylvania.