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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 www.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 update this policy. We will
notify you about significant changes in the way we treat
personal information by sending a notice to the primary
email address specified in your TRADE.NET.CN account or
by placing a prominent notice on our 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
THE FEATURES AND SERVICES ON THE
TRADE.NET.CN SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND TRADE.NET.CN HEREBY EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE
HEREBY EXCLUDED.TRADE.NET.CN MAKES NO REPRESENTATIONS
OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS
OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. TRADE.NET.CN
DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION,
DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE
OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE
DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TRADE.NET.CN
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE TRADE.NET.CN
SITE.
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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