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1.Acceptance Of Terms
PCEXPORTERS.COM provides its services subject to the following Terms
of Use Agreement ("Agreement"), which may be updated by us from
time to time without notice to you. In addition, when using particular
Exporters.com services, you and Exporters.com shall be subject to
any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the agreement.
2. Description Of Service
PCEXPORTERS.COM
currently provides registered members with access to a collection
of on-line services (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new PCEXPORTERS.COM properties, shall be subject
to the agreement. You understand and agree that the Service is provided
"AS-IS" and that PCEXPORTERS.COM assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
3.
Registration Obligations
PCEXPORTERS.COM is concerned about the safety and privacy of all
its users. In consideration of your use of the Service, you agree
to:
3.1 provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information
being the "Members Profile"), and 3.2 maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or PCEXPORTERS.COM has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
PCEXPORTERS.COM has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or
any portion thereof).
4. Member Account, Password And Security
You will receive a password and account designation upon being accepted
into PCEXPORTERS.COM Trade Network. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to 4.1 immediately notify PCEXPORTERS.COM of any unauthorized
use of your password or account or any other breach of security,
and 4.2 ensure that you exit from your account at the end of each
session. PCEXPORTERS.COM cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
5.
5.
Member Conduct
You understand that all information, data, text, graphics, messages
or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not PCEXPORTERS.COM
are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Service. PCEXPORTERS.COM does
not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will PCEXPORTERS.COM be liable in any way
for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
5.1
Upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
5.2 Harm minors in any way;
5.3 Impersonate any person or entity, including, but not limited
to, a PCEXPORTERS.COM official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
5.4 Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
5.5 Upload, post, email or otherwise transmit any Content that
you do not have a right to transmit 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);
5.6 Upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
5.7 Upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"Spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas that are designated for
such purpose;
5.8 Upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
5.9 Interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
5.10 Intentionally or unintentionally violate any applicable
local, state, national or international law;
5.11 "stalk" or otherwise harass another; or
5.12 Collect or store personal data about other users.
5.13 Involve in fraud or scams.
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You acknowledge that PCEXPORTERS.COM does not pre-screen Content,
but that PCEXPORTERS.COM and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the foregoing,
PCEXPORTERS.COM and its designees shall have the right to remove any
Content that violates the Agreement or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by PCEXPORTERS.COM or submitted
to PCEXPORTERS.COM, including without limitation information in PCEXPORTERS.COM
Directories, PCEXPORTERS.COM Listings, and in all other parts of the
Service.
You acknowledge and agree that PCEXPORTERS.COM may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to:
(a)
comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of
third-parties; or
(d) protect the rights, property, or personal safety of PCEXPORTERS.COM
its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of
connecting networks or devices. |
6.
Public Content Posted To Pcexporters.com
6.1 For purposes of the agreement "publicly accessible areas of
the Service" are those accessible by the general public.
6.2 With respect to Content you elect to post for inclusion in publicly
accessible areas of PCEXPORTERS.COM you grant PCEXPORTERS.COM the
world-wide, royalty free and non-exclusive license to reproduce,
modify, adapt and publish such Content on the Service solely for
the purpose of displaying, distributing and promoting the specific
PCEXPORTERS.COM service to which such Content was submitted, or,
in the case of photos or graphics, solely for the purpose for which
such photo or graphic was submitted to the Service. This license
exists only for as long as you elect to continue to include such
Content on the Service and shall be terminated at the time you delete
such Content from the Service.
6.3 With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant PCEXPORTERS.COM
the royalty-free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or later developed.
7.Indemnity
You agree to indemnify and hold PCEXPORTERS.COM, and its subsidiaries,
affiliates, officers, directors, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation
of the Agreement, or your violation of any rights of another.
8.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
9.
General Practices Regarding Use And Storage
You acknowledge that PCEXPORTERS.COM may establish general practices
and limits concerning use of the Service. You agree that PCEXPORTERS.COM
has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that PCEXPORTERS.COM
reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that PCEXPORTERS.COM
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
10.
Modifications To Service
PCEXPORTERS.COM 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 PCEXPORTERS.COM
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 PCEXPORTERS.COM, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if PCEXPORTERS.COM
believes that you have violated or acted inconsistently with the
letter or spirit of the agreement. PCEXPORTERS.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 a agreement may be effected without prior notice, and acknowledge
and agree that PCEXPORTERS.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 that PCEXPORTERS.COM shall not be liable to you or any
third-party for any termination of your access to the Service.
In addition, PCEXPORTERS.COM may terminate your account in cases
of: (a) suspected of fraud and scam (b) failed Authentication and/or
Verification checks conducted by PCEXPORTERS.COM /partners (c) trading
of products that are unlawful or violate copyrights
12.
Dealings With Advertisers
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 PCEXPORTERS.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.
13.
Links
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because PCEXPORTERS.COM
has no control over such sites and resources, you acknowledge and
agree that PCEXPORTERS.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 PCEXPORTERS.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.
14.
PCEXPORTERS.COM's Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by PCEXPORTERS.COM or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
15.
Disclaimer Of Warranties
You expressly understand and agree that:
15.1 Your use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis. PCEXPORTERS.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.
15.2 PCEXPORTERS makes no warranty that
(i) 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,
(iv) the quality of any products, services, information, or other
material purchased or obtained by you through the service will meet
your expectations, and
(v) any errors in the software will be corrected.
15.3 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.
15.4 No advice or information, whether oral or written, obtained
by you from PCEXPORTERS.COM or through or from the service shall
create any warranty not expressly stated in the agreement.
16.
Limitation Of Liability
you expressly understand and agree that PCEXPORTERS.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 PCEXPORTERS.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 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.
17.
General Information
The Agreement constitute the entire agreement between you and govern
your use of the Service, superceding any prior agreements between
you and PCEXPORTERS.COM. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software. The agreement and the relationship
between you and PCEXPORTERS.COM shall be governed by the laws of
The Hong Kong SAR without regard to its conflict of law provisions.
You and PCEXPORTERS.COM agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Hong Kong
SAR. The failure of PCEXPORTERS.COM to exercise or enforce any right
or provision of the Agreement shall not constitute a waiver of such
right or provision. If any provision of the Agreement is found by
a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Agreement remain in full force and effect.
The section titles in the Agreement are for convenience only and
have no legal or contractual effect. |
