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DIYTrade.com - Terms of Service
Please read the Terms of Service ("TOS") set forth below, as they apply to your use of DIYTrade.com ("DIYTrade") service: 1)Acceptance of Terms DIYTrade provides its service to you subject to the following terms and conditions, which may be amended by us from time to time in our sole discretion without notice or liability to you. By continuing to use the Service following such amendments to the TOS, you agree to be bound by such amendments. If you do not accept the amended TOS, you must discontinue the use of the Service. Thereby, you should review the most current version of the TOS at any time on our website. In addition, you acknowledge acceptance of the additional Terms and Conditions when using DIYTrade’s upgraded service (such as BizSite, Hot Product Promotion, etc). Those additional terms and conditions will prevail over this TOS to the extent of any inconsistency. 2)Description of Service DIYTrade currently provides you with access to its tools and service ("Service") through Internet. The Service is providing only to legal organization (incl. limited liability companies, sole proprietorships, or partnerships). Please do not use the Service if you are not according to the requirement. DIYTrade may refuse to provide Service to anyone in its sole discretion. In order to use the Service, you must provide all equipment necessary to make such connection to the World Wide Web and responsible to pay for the Internet access fee and any associated fees. 3)Requirements and Obligations of Registration DIYTrade may reject any registration without the need to give any reason. To register the service, you must be a) a legal business entity (DIYTrade reserves the right to request a copy of your Business Registration Certificate for verification purpose whenever necessary) & b) agreed to accept the Term of Service of DIYTrade. By making a registration, you warrant that: a)All actions needed to authorize your entry into and performance of this TOS have been taken; b)The information you provided in the registration form is true, accurate, complete and current; c)You'll maintain and promptly update the registration information to keep it true, accurate, current and complete; & d) you conform to our "One Enterprise for One membership" policy. For any violation, DIYTrade shall in its sole discretion to terminate your membership with or without notice. 4)Member I.D., Password and Security You will receive a Member I.D. and Password upon completing the Service registration process. You are solely responsible for protecting the confidentiality of your Member I.D. and Password and against any unauthorized use. You agree to immediately notify DIYTrade of any authorized use of your Member I.D. and Password or any other breach of security. DIYTrade cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If you have not sign in DIYTrade with your member I.D. for more than 90 days, your DIYTrade membership will be terminated. All of your Content such as company information, product information, buy lead, etc. will be removed upon your membership termination. 5)User Responsibility You may only use the Service for your own personal purpose and agreed not to sold or transfer your membership to other party. You understand that all content ("Content") incl. data, text, software, music, sound, photo, graphics, video, message or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. All your Content posted to DIYTrade shall be appropriate and conform with its requirement, you agreed that DIYTrade, in its sole discretion, may amend, delete or hide the Content that is inappropriate or not conform with its requirement, with or without notice. When using the Service, you agree not to: a) copy, reproduce, publish, distribute, sell or, in anyway directly or indirectly in competition with DIYTrade, commercially exploit the Content available on DIYTrade; b)delete or change any copyright or other proprietary notice on any Content available from or through DIYTrade; c)upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); d)upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; e)post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or any content that is obscene, indecent, seditious, offensive, defamatory or threatening; f)post or transmit any Content or software which contains any virus, worm or other harmful component, g)collect personal information such as contact email and other Content of the users without authorization, & h) send junk email. You understand that DIYTrade does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Service, you may be exposed to Content that is offensive, indecent, objectionable, inaccurate or/and fraudulent, please be caution to the use of the content. You are solely responsible and assuming the risks associated with use of the Content. To ensure the quality of our database, DIYTrade reserves the right to hidden all the inappropriate or incomplete product information and buy lead with or without notices to you. Moreover, each company member is not allowed to select more than 10 product category. 6)Payment Currently, part of the Service provides on DIYTrade is free of charge. We reserves the right to levy fees or charges for those free Service. If DIYTrade decides to levy a charge for those free Service, a notice will be published on our website. By continuing the use of the relevant Service at any time after such publication, you agree to pay DIYTrade such charges. DIYTrade reserves the right to modify its pricing structure and payment conditions from time to time at its sole discretion provided that not less than seven days notice shall be given to you. 7)Privacy Policy Where personal data is collected in connection with the Services and is subject to DIYTrade Privacy Policy. For information about our privacy policies, please refer to our "Privacy Policy Statement" on our website. 8)Right You Grant to DIYTrade You agree to grant to DIYTrade an exclusive, worldwide and royalty-free license to use, copy, modify, reproduce, publish, translate, transfer, distribute and exhibit your Content or reproduce derivative works from, distribute, perform, display, and otherwise use your Content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You also grant DIYTrade the right to publish your name in connection with the operation and promotion of DIYTrade Services. No compensation will be paid or due you with respect to DIYTrade use of the materials as licensed above. 9)Indemnity You agree to defend, indemnify and hold us and the DIYTrade affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these TOS and/or your use of the Website. DIYTrade may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. DIYTrade reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action. 10)Modifications to Service DIYTrade reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DIYTrade shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11)Termination You agree that DIYTrade, in its sole discretion, may terminate your use of the Service, and remove any Content within the Service, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the wording or the spirit of the TOS. DIYTrade 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 TOS may be effected without prior notice, and acknowledge and agree that DIYTrade may immediately deactivate or delete your Content in your DIYTrade account. Further, you agree that DIYTrade shall not be liable to you or any third-party for any termination of your access to the Service. 12)Links The Service may provide, or third parties may provide, links to other websites or resources. Because DIYTrade has no control over such websites and resources, you acknowledge and agree that DIYTrade is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that DIYTrade 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 information, goods or services available on or through any such website or resource. 13)Intellectual Property Rights All intellectual property rights subsisting in respect of the website belong to DIYTrade or have been lawfully licensed to DIYTrade for use on the website. All rights under applicable laws are hereby reserved. Except with the express permission of DIYTrade, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws. In addition, you acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. 14)Disclaimer of Warranties All Information is for your general reference only. DIYTrade do not accept any responsibility whatsoever in respect of such Content. You understand and agree that: a)Your use of the Service is at your sole risk. The Service is provided on an "As Is" basis. DIYTrade 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; b)DIYTrade 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, adequate or reliable; iv)The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; & v)Any errors in the software will be corrected; c)Any material download 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; & d)No advice or information, whether oral or written, obtained by you from DIYTrade or through or from the Service shall create any warranty not expressly stated in the TOS. 15)Limitation of Liability In no event will DIYTrade or its affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Service, even if DIYTrade or its affiliates have been advised of the possibility of such damages. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Service. You are responsible to ensure that your use of the Service complies with all applicable legal requirements. The limitation of liability contained in the TOS will apply to the fullest extent permitted by applicable laws. 16)Notice An updated TOS will be posted on our website for any changes. Thereby, you should review the most current version of the TOS at any time on our website. 17)Governing Law and Jurisdiction These Terms of Service shall be governed in all respects by the non-exclusive jurisdiction of the Hong Kong Special Administrative Region ("Hong Kong") and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts. 18)Chinese Version If there is any conflict or difference between the Chinese version of the Terms of Service and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version. (pl.fs.01.01.2006)
