1.Acceptance Of Terms. When using the Service, you agree to the terms and conditions of this Agreement ("Terms"),which ChinaMarket.Com in its discretion may change from time to time. We will post a notice on our web site to inform you of any changes to the Terms. If you do not agree to the changes,you must discontinue using the Service. The changed Terms shall automatically be effective immediately after they are initially posted on the homepage of our site. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise,any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise modified except in a writing signed by an authorized officer of ChinaMarket.Com.
2.Who Can Use ChinaMarket.Com. The Service is only available to individuals or companies who can form legally binding contracts under applicable law. Thus,you must be at least 18 years of age to use our services. If you do not qualify,please do not use the Service. ChinaMarket.Com may,in its sole discretion,refuse the Service to anyone at any time. The Service is not available to temporarily or indefinitely suspended ChinaMarket.Com members.
4.Your Information And Items For Trade. "Your Information" includes any information data, text, software, music, sound, photographs, graphics, video, messages, catalogs, samples or other materials you provide to us or other users during the using of our service, trading or business procedures, in any public message area or through any correspondences. With respect to Your Information, you are solely responsible for Your Information, and we act as a passive conduit for your distribution and publication of Your Information. We may take any action, however,with respect to your information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISP suppliers or any other third party.
5.The License You Grant To Us. You grant to us the non-exclusive, worldwide, perpetual, irrevocable, royalty-free right (with the right to sublicense through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) Your Information, and/or to incorporate Your Information in other works in any form, media,or technology now known or later developed.
6.Privacy.ChinaMarket.Com will only use Your Information in accordance with business purpose. Please note that when you voluntarily disclose Your Information inChinaMarket.Com's public trading areas, that information can be collected and used by others.
7.The Trading Process
8.The Trading System
9.Termination. You agree that ChinaMarket.Com,in its sole discretion,may terminate your password,account (or any part thereof) or use of the Service,and remove and discard Your Information within the Service,for any reason,including without limitation,if ChinaMarket.Com believes that you have violated or acted inconsistently with the letter and spirit of the Agreement. ChinaMarket.Com may also,in its sole discretion and at any time,discontinue providing the Service,or any part thereof,with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice,and acknowledge and agree that ChinaMarket.Com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further,you agree thatChinaMarket.Com shall not be liable to you or any third party for any termination of your access to the Service. Paragraphs 12,13,14,and 22 shall survive any termination of this Agreement.
10.What Happens if You Break the Rules? We may immediately issue a warning,temporarily suspend,indefinitely suspend or terminate your membership,any of your current listings,and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies,ChinaMarket.Com may suspend or terminate your account if you are found (by conviction,settlement,insurance or escrow investigation,or otherwise) to have engaged in fraudulent activity in connection with our site.
11.The Service is Provided "As Is." We will try very hard to make your experience with ChinaMarket.Com enjoyable. Unfortunately,we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, You Expressly Understand And Agree That Your Use Of The Service Is At Your Own Risk. The Service Is Provided On An "As Is" And "As Available" Basis.Chinamarket.Com Expressly Disclaims All Warranties Of Any Kind,Whether Express Or Implied,Including,But Not Limited To,The Implied Warranties Of Merchantability,Fitness For A Particular Purpose And Non-Infringement. Chinamarket.Com Makes No Warranty That: (I) The Service Will Meet Your Requirements; (Ii) The Service Will Be Uninterrupted,Timely,Secure,Or Error-Free; (Iii) The Results That May Be Obtained From The Use Of The Service Will Be Accurate Or Reliable; And (Iv) The Quality Of Any Products,Services,Information,Or Other Material Purchased Or Obtained By You Through The Service Will Meet Your Expectations. Any Material Downloaded Or Otherwise Obtained Through The Use Of The Service Is Done At Your Own Discretion And Risk And 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 Advice Or Information,Whether Oral Or Written,Obtained By You From Chinamarket.Com Or Through Or From The Service Shall Create Any Warranty Not Expressly Stated In The Agreement.
Note: Some jurisdictions do not allow the disclaimer of implied warranties,so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
12.Limit of Liability. You Expressly Understand And Agree Thatchinamarket.Com 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 Chinamarket.Com 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 Purchases 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.
Note: Some jurisdictions do not allow the limitation of liability,so the foregoing limitation may not apply to you.
13.Indemnity. You agree to indemnify and hold ChinaMarket.Com and our subsidiaries,affiliates,officers,directors,agents,and employees,harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference,or your violation of any law or the rights of a third party.
14.Compliance With Laws. You shall comply with all applicable laws,statutes,ordinances and regulations regarding your use of the Service and your bidding on,listing,purchase and sale of items,including,but not limited to,complying with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15.No Agency. You and ChinaMarket.Com are independent contractors,and no agency,partnership,joint venture,employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16.Advertising & Financial Services. Your correspondence or business dealings with,or participation in promotions of,advertisers found on or through the Service,including payment and delivery of related goods or services,and any other terms,conditions,warranties or representations associated with such dealings,are solely between you and such advertiser. You agree that ChinaMarket.Com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. If you intend to create or join any service,receive or request any news messages,alerts or other information from the Service concerning companies,stock quotes,investments or securities,please be advised ChinaMarket.Com shall not be responsible nor liable for the accuracy,usefulness or availability of any such information transmitted via the Service,and shall not be responsible nor liable for any trading or investment decisions made based on such information.
17.Links. The Service may provide,or third parties may provide,links to other World Wide Web sites or resources. Because ChinaMarket.Com has no control over such sites and resources,you acknowledge and agree that ChinaMarket.Com 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 ChinaMarket.Com 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.
18.Notices. Except as explicitly stated otherwise,any notices shall be given by email to firstname.lastname@example.org (in the case of ChinaMarket.Com) or to the email address you provide to ChinaMarket.Com during the registration process (in your case),or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent,unless the sending party is notified that the email address is invalid. Alternatively,we may give you notice by certified mail,postage prepaid and return receipt requested,to the address provided to ChinaMarket.Com during the registration process. In such case,notice shall be deemed given three (3) days after the date of mailing.
19.Force Majeure. ChinaMarket.Com shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control,including,but not limited to,acts of God,labor disputes or disturbances,material shortages or rationing,riots,acts of war,governmental regulations,communication or utility failures,or casualties.
20.Assignment. ChinaMarket.Com may assign this Agreement without your consent.
21.Miscellaneous. The Agreement constitutes the entire Agreement between you andChinaMarket.Com and governs your use of the Service,superseding any prior written or oral Agreements between you and ChinaMarket.Com. The Agreement shall be governed in all respects by the laws of China without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable,such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define,limit,construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.