This document (the Agreement) applies to services (the Service) provided by CBI
China Research & Consulting and offered on english.cbichina.com (collectively,
CBI CHINA). If a contract has been signed between the user and CBI China Research
& Consulting or authorized agent of CBI China Research & Consulting concerning
the Service, the Agreement will be superseded by the contract unless explicitly
stated otherwise in the contract.
The Agreement as defined below describes the terms and conditions by which CBI CHINA
offers you access to the Service available on its websites (the Site). By accessing
the Site past the front page or registering as a member, you accept the Agreement
and agree to be bound by each of its terms.
You agree that CBI CHINA may amend the Agreement at any time in its sole discretion
without prior notice to you, and that the Agreement may not be modified by any party
other than CBI CHINA. The most current version of the Agreement will be available
on the Site. You agree that the amended Agreement will govern the use of the Site
from the moment it is posted on the Site, and that your continued use of the Site
signifies your acceptance of the newest version of Agreement.
You agree that CBI CHINA may add features to or modify features of the Service at
any time in its sole discretion without prior notice to you, and that any added
or modified feature is covered by the Agreement as well unless explicitly stated
otherwise.
You agree that you are not entitled to assign or transfer any of your rights under
the Agreement or allow anyone to obtain the benefits of such rights without explicit
written consent from CBI CHINA.
You acknowledge that CBI CHINA has the right to establish certain limits on your
use of the Service, including but not limited to the amount of messages you can
post or the amount of visit you can make in a given period of time. You further
agree that CBI CHINA may choose to modify any of the said limits at any time in
its sole discretion with or without prior notice to you.
You acknowledge and agree that you are fully responsible for the means of access
to the service, including but not limited to the computer software, hardware and
network connection, and all of the resultant financial charges and liabilities.
You further agree that advertisements posted on the site constitute necessary part
of the service.
The content of the Site is protected by applicable intellectual property laws. Without
explicit consent from CBI CHINA or the copyright holders of respective parts, you
may not reproduce, copy, republish, transmit, distribute or translate any material
from the Site through any means other than for your sole purpose of viewing or printing.
When you register with CBI CHINA to become one of its members, you warrant to CBI
CHINA and all existing members that the information you provide on the registration
form is current, truthful, authentic and complete; and that you will keep the registration
information current, truthful, authentic and complete; and that you are authorized
to represent the corporation or entity you claim to represent; and that the Agreement
is also bound to the said corporation or entity you represent; and that you will
not disrupt the operation of the Site or use the Service to disrupt the service
of any party.
You will be given an account name and password after being accepted as a member
of CBI CHINA. You acknowledge and agree that it's your responsibility to maintain
the confidentiality of the account and password, that you and the corporation or
entity you represent are entirely responsible for all activities occurred under
your account, and that CBI CHINA is not and will not be liable for any loss or damage
caused by your failure to ensure security of your account.
You acknowledge and agree that CBI CHINA holds the rights to suspend or terminate
your membership at any time in its sole discretion without prior notice to you if
there is suspicion of your misuse of the Site, including but not limited to your
breach of the Agreement. You expressly agree that CBI CHINA is not and will not
be liable for any loss or damage caused by the suspension or termination of your
membership.
You are granted the limited right of posting messages on locations designated by
CBI CHINA, provided that you login to the Site as a member; and that you do not
impersonate any other member; and that you are authorized to post the message; and
that the message you post is pertinent to the location; and that the message you
post is truthful and authentic if it pertains to a trade; and that the message you
post does not contain language that is unlawful, abusive, defamatory, vulgar, obscene,
libelous, hateful or otherwise objectionable; and that the message you post does
not infringe on any copyright, patent, trademark or any other proprietary rights
of any party; and that the message you post does not contain software virus or any
malicious computer code that is designed to disrupt computer or telecommunication
services.
Furthermore, by posting your message on the Site, you grant CBI CHINA the non-exclusive,
irrevocable, worldwide, royalty-free, sublicenseable right to use, distribute, reproduce,
translate, adapt, create derivative work, display, publish or incorporate the message
in other works in any form, media or technology now known or later developed.
CBI CHINA reserves the rights to delete or relocate your message posted on the Site
in its sole discretion at any time without notice to you for any reason, including
but not limited to the impropriety or the irrelevance of the message. You expressly
agree that unless required by the law, CBI CHINA does not have the obligation to
exercise the aforementioned rights even if CBI CHINA is notified about one or more
messages being false, abusive, defamatory, vulgar, obscene, libelous, hateful, containing
virus or breaching the Agreement in any other ways. You further agree that CBI CHINA
is not and will not be liable to any loss or damage that might occur from not exercising
the aforementioned rights on the part of CBI CHINA.
You understand and acknowledge that the Site is only a venue of information exchange,
and that CBI CHINA does not have the obligation to prescreen any information posted
on the Site, which means that you may be exposed to content that is untrue, offensive
or objectionable. You agree that the responsibility to the said content lies entirely
with the originator of the said content and not CBI CHINA. You further agree that
CBI CHINA does not have any obligation to resolve or to provide any assistance to
resolve any dispute between you and the originator of any content unless required
by the law.
The Site may contain links to external sites. You understand and acknowledge that
CBI CHINA has no control over the availability and content of the external sites.
You expressly agree that CBI CHINA is not liable for any loss or damage caused or
alleged to be caused by accessing the external sites or the inability of accessing
the external sites.
You expressly understand and agree that your use of the service is at your own risk.
The service is provided "as is" and "as available". CBI CHINA
expressly disclaims all warranties of any kind, whether expressed or implied, including
but not limited to the implied warranties of merchantability, fitness for any particular
purpose and non-infringement.
CBI CHINA makes no warranty that
the service will meet your requirements or expectation;
the service will be uninterrupted, timely, secure, or error-free;
the information you obtained from the site will be accurate or reliable;
any errors will be corrected.
Any material downloaded or otherwise obtained through the use of the service is
done at your own discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results from the download
of any such material, no matter incurred by the action of download itself or downloaded
material.
No advice or information, whether oral or written, obtained by you from CBI CHINA
or through or from the service shall create any warranty not expressly stated in
the agreement.
You expressly understand and agree that CBI CHINA shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if CBI CHINA has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered into
through or from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
You agree to indemnify and hold harmless CBI CHINA and anyone who provides information
to the site from and against all losses, liability, expenses, damages and costs,
including reasonable attorney's fees, arising out of or related to any breach of
the agreement or your violation of any rights of another.
This agreement is governed by the law of P.R.China. Any disputes arising from using
of service provided by CBI CHINA should be settled at the governing court of shanghai,
P.R.China.