Terms & Conditions
ChinaPulse.com is powered by and owned by BDL Media Ltd. ChinaPulse.com
is an online information service subject to your compliance with the terms
and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. ChinaPulse.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are ChinaPulse.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to ChinaPulse.com a non-exclusive,
royalty-free, worldwide, sublicensable, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to ChinaPulse.com by all means and in any media now known or hereafter developed.
You also grant to ChinaPulse.com the right to use your name in connection
with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against ChinaPulse.com for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to ChinaPulse.com.
2. Trademarks.
Any names of ChinaPulse.com or its Web sites, publications, products, content
or services referenced herein or on the Site are the exclusive trademarks
or servicemarks of ChinaPulse.com, including the "look" and "feel"
of the Site, ChinaPulse.com's color combinations, layout, and all other
graphical elements. Any use of ChinaPulse.com's trademarks is strictly prohibited
without the express permission from ChinaPulse.com. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by ChinaPulse.com, ChinaPulse.com does not operate,
control or endorse any information, products or services on the Internet
in any way. Except for ChinaPulse.com- identified information, products
or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties that are
not affiliated with ChinaPulse.com. You also understand that ChinaPulse.com
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images,
or other content ("Material") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
otherwise objectionable that may invade another's right of privacy or
publicity;
b) Impersonate any person or entity, including but not limited to, an
ChinaPulse.com official, forum leader, guide or host or falsely state or
otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting,
use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam,""chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party; or
j) Delete or revise any Material posted by any other person or entity.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. ChinaPulse.com PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND ChinaPulse.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND
FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS
AT YOUR RISK. ChinaPulse.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ChinaPulse.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ChinaPulse.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ChinaPulse.com'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
5. Indemnification.
You agree to indemnify, defend and hold harmless ChinaPulse.com, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you or
your use and access of the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of ChinaPulse.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Site. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its own
behalf.
7.Term; Termination.
Either party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third
Party Rights) and 11 (Miscellaneous) shall survive any termination of
this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the 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 third party. You agree that ChinaPulse.com shall not be responsible
or liable for any loss, damage or other matters of any sort incurred as
the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-ChinaPulse.com.
Because ChinaPulse.com has no control over such sites and resources, you
acknowledge and agree that ChinaPulse.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 ChinaPulse.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.
11. Miscellaneous.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. ChinaPulse.com's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. ChinaPulse.com may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of ChinaPulse.com. We wish to caution you that these statements
are only predictions and that the actual events or results may differ
materially.
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