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THE
FOLLOWING DESCRIBES THE TERMS ON WHICH TRADE.NET.CN OFFERS
YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the
"Agreement" or "User Agreement") for
TRADE.NET.CN. This Agreement describes the terms and conditions
applicable to your use of our services available under the
domain of trade.net.cn
(the "Site") . If you do not agree to be bound
by the terms and conditions of this Agreement, do not use
or access our services.
You must read, agree with and accept
all of the terms and conditions contained in this User Agreement
and the Privacy Policy, which include those terms and conditions
expressly set out below and those incorporated by reference,
before you may become a member of TRADE.NET.CN.
We may amend this Agreement at any
time by posting the amended terms on the Site. All amended
terms shall automatically be effective 30 days after they
are initially posted on the Site.
1. Membership Eligibility
Our services are available only to,
and may only be used by individuals who can form legally
binding contracts under applicable law. Without limiting
the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or indefinitely
suspended TRADE.NET.CN members. If you are a under the age
of 18, you can use this service only in conjunction with,
and under the supervision of your parents or guardians.
If you do not qualify, please do not use our Site. Further,
your TRADE.NET.CN account and Username may not be transferred
or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind
the entity to this Agreement.
2. TRADE.NET.CN Directory
1) Our Site acts as a venue to allow members to list and
sell products, at anytime, from anywhere. We are not involved
in the actual transaction between buyers and sellers. As
a result, we have no control over the quality, safety or
legality of the items advertised, the truth or accuracy
of the listings, the ability of sellers to sell items or
the ability of buyers to pay for items. We cannot ensure
that a buyer or seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of items
from the seller to the buye.
2) Identity Verification. Because user verification on the
Internet is difficult, TRADE.NET.CN cannot and does not
confirm each user's purported identity. We encourage you
to communicate directly with potential trading partners
through the tools available on the Site. You may also wish
to consider using a third party escrow service or services
that provide additional user verification. Because we are
a venue, in the event that you have a dispute with one or
more users, you release TRADE.NET.CN (and our officers,
directors, agents, subsidiaries, joint ventures and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
3) Information Control. We do not control the information
provided by other users that is made available through our
system. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there are
also risks of dealing with underage persons or people acting
under false pretense. Additionally, there may also be risks
dealing with international trade. By using this Site, you
agree to accept such risks and TRADE.NET.CN is not responsible
for the acts or omissions of users on the Site.
3. Links
The Service may provide links to
other World Wide Web sites or resources. Because TRADE.NET.CN
has no control over such sites and resources, you acknowledge
and agree that TRADE.NET.CN is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that TRADE.NET.CN
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content,
goods or services available on or through any such site
or resource.
4. Buying
As a buyer, you are obligated to
complete the transaction with the seller.You
are certifying that you have the legal right to purchase
the items.
5. Listing and Selling
Listing Description. You must be legally able to sell the
item(s) you list for sale on the Site. Your listings may
only include text descriptions, graphics, pictures and other
content relevant to the sale of that item.
6. Member Account, Password and Security
You are responsible for maintaining
the confidentiality of your password and account, and are
fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify
TRADE.NET.CN of any unauthorized use of your password or
account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session.
TRADE.NET.CN cannot and will not be liable for any loss
or damage arising from your failure to comply with this
Section.
7. Your Information
1) Definition. "Your Information" is defined as
any information you provide to us or other users in the
registration, listing process, in any public message area
or through any email feature. You are solely responsible
for Your Information, and we act as a passive conduit for
your online distribution and publication of Your Information.
2) Restricted Activities. Your Information (or any items
listed) and your activities on the Site shall not: (a) be
false, inaccurate or misleading; (b) be fraudulent or involve
the sale of counterfeit or stolen items; (c) infringe any
third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false
advertising); (e) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) be obscene or contain
child pornography; (g) contain any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system,
data or personal information; (h) create liability for us
or cause us to lose (in whole or in part) the services of
our ISPs or other suppliers; and (i) link directly or indirectly
to or include descriptions of goods or services that: (aa)
are prohibited under this Agreement; (bb) you do not have
a right to link to or include. Furthermore, you may not
list any item on the Site (or consummate any transaction
that was initiated using our service) that, by paying to
us the listing fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates
our current Prohibited, Questionable and Infringing Items.
You acknowledge that TRADE.NET.CN
may or may not pre-screen Content, but that TRADE.NET.CN
and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move
any Content that is available via the Service. Without limiting
the foregoing, TRADE.NET.CN and its designees shall have
the right to remove any Content that violates this Agreement
or is otherwise objectionable.
3) License. Solely to enable TRADE.NET.CN to use the information
you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise
the copyright, publicity, and database rights (but no other
rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information.
TRADE.NET.CN will only use Your Information in accordance
with our Privacy Policy.
8. Access and Interference
You agree that you will not: (i)
take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load
on our infrastructure; (ii) copy, reproduce, modify, create
derivative works from, distribute or publicly display any
content (except for Your Information) from the Site without
the prior expressed written permission of TRADE.NET.CN,
as applicable; (iii) interfere or attempt to interfere with
the proper working of the Site or any activities conducted
on the Site.
9. Privacy
We do not sell or rent your personal
information to third parties for their marketing purposes
without your explicit consent and we only use your information
as described in the Privacy Policy. We view protection of
users' privacy as a very important community principle.
We understand clearly that you and your information is one
of our most important assets. Our current Privacy Policy
is available at http://www.trade.net.cn/services/policy/.
10. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
12. No Agency
You and TRADE.NET.CN are independent
contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement. |
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