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ChinaMarket, sponsored by Ministry of Commerce of the P.R. China (MOFCOM) and established by China International Electronic Commerce Center (CIECC), is a leading e-marketplace in China specializing in online export services. If you accept the service brought by ChinaMarket, you indicate that you agree to the Member Service Agreement as follows: ACCEPTANCE OF TERMS You have read and agreed to all the terms of the Agreement when served by ChinaMarket. This agreement takes effect on the date on which you accept this Agreement and continues until your subscription is terminated either by you or by ChinaMarket. If you deny to accept the new version of the agreement, you have to abort all the service brought by ChinaMarket. OBJECTS TO SERVE 1. The Object to Serve of ChinaMarket must be a legal person, organizations without legal personality or an individual capable of bearing relevant legal liability. As an individual, you must be at least 18 years old and competent to enter into an agreement to use the service. 2. By using the services, you must comply with all applicable laws and regulations of the People's Republic of China. ChinaMarket will not be liable for disputes of use of service. 3. ChinaMarket reserves the right to terminate the Service to any member at any time, in ChinaMarket's sole discretion. 4. ChinaMarket does not provide service for those deprived of their membership temporarily or permanently. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the service, you agree to: 1. provide true, accurate, current and complete information about yourself as prompted by the member's registration form; 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 ChinaMarket has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ChinaMarket 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); 3. If you register in ChinaMarket on behalf of a Company, Member Service Agreement also binds your company or legal entity when the services are used. MEMBER CONDUCT As a condition of your use of the Website, you must not: 1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us; 2. restrict or inhibit any other user from using and enjoying the Website; 3. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; 4. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding; 5. post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component; 6. post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; 7. upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder. THIRD-PARTY INFORMATION The Information may contain Information provided by Third Party Providers or sourced by ChinaMarket from other references or sources. The Information on the Website may not be regarded as any recommendation or endorsement by ChinaMarket for any purpose with respect to any person, product or service. ChinaMarket is not responsible if any such Information is not up-to-date; ChinaMarket does not separately verify such Information. Accordingly we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk. LINKS TO AND FROM THE WEBSITE The links on the Website may take you to other sites and you acknowledge and agree that ChinaMarket has no responsibility for the accuracy or availability of any Information provided by linked websites. Links to other websites do not constitute an endorsement by ChinaMarket of such websites or the Information, products, advertising or other materials available on those websites. LIMITATION OF LIABILITY AND WARRANTY All Information is for your general reference only. ChinaMarket shall NOT guarantee or assume any responsibility that: 1. the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference; 2. the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment; 3. messages sent through the internet will be free from interception, corruption or loss; 4. access to the Website will be available or be uninterrupted; 5. defects in the Website will be corrected. In no event will the ChinaMarket 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 Information, even if ChinaMarket has 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 Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements. The limitation of liability contained in these Agreements will apply to the fullest extent permitted by applicable laws. PRIVACY POLICY We take seriously the protection of privacy of the users of the Website. This Privacy Policy Statement explains our privacy practices. We promise to respect your privacy when collecting, storing and transmitting personal data. 1. Collection of Personal Data You may need to register, pay a fee and/or provide personal data in order to have access to certain Information or Services on the Website. Refusal to supply personal data may result in ChinaMarket being unable to process the request. Whenever you submit enquiries or feedback to us, it will require your personal data which will then be recorded and collated by us. We shall make a record of your visit to the Website that shows the domain name server address part of your email address and of the pages visited. We only collect aggregate information about the number and types of visitors by reference to their domain name server address. This information is used by us for preparing general statistics on the usage of our Website. 2. Use of Personal Data The main purposes for which personal data may be used by us are: Processing your application or registration for Services, order, enquiry or feedback; Incorporation into ChinaMarket database; Provision of contacts and business details in response to enquiries; ChinaMarket's operations; Marketing services; Meeting requirements to make disclosure under any law applicable in or outside P.R. China; Other related purposes: the personal data may be used by us both in and outside P.R. China. 3. Disclosure to Third Parties Personal data held by ChinaMarket will be kept confidential but ChinaMarket may provide such information to: any personnel, agent, adviser, auditor, contractor or service provider who provides services or advice to ChinaMarket in connection with ChinaMarket's operations; any person under a duty of confidentiality to ChinaMarket; any person to whom ChinaMarket is required to make disclosure under any law applicable in or outside P.R. China; any actual or proposed transferee or participant of ChinaMarket's operations. Some Services may involve the disclosure of your personal data or other contact information and business details. You should also note that the privacy protection stated in this Privacy Policy Statement does not apply to Information which has been passed to third parties in the course of providing the Services (e.g. Information may be passed to vendors of products to be sold online), and we are not responsible for the privacy protection or lack thereof on the part of such third parties. 4. Marketing From time to time, we may conduct direct marketing of ChinaMarket's products or services via faxes, e-mails, direct mails, tele-marketing and/or other forms of communication to you. You may choose to opt-out of receiving such promotional material. In order to fully enjoy the services of the Website, we encourage you to receive such promotional materials which have been specially prepared for you. 5. Hyperlinks This Privacy Policy Statement only applies to the Website. If you click on any advertisement or hyperlink linking to another website, you will leave the Website for another location. The protection of your privacy, personal data and your exposure to cookies are not the responsibility of ChinaMarket and you should refer to the privacy policies of that other location (if any). We also collect statistics on pages viewed on the Website and usage patterns in order that we may measure traffic, gauge the popularity of various parts of the Website and gain some general statistics about our users and market the Website to advertisers, with whom we may share summarized traffic data. This information does not identify you as an individual. 6. Security Where personal data is stored electronically, it will be kept in a password-protected form. Personal data, whether stored in electronic form on computers or in hard-copy form will be accessible only by authorized employees of ChinaMarket. Employees designated to handle personal data will be made acquainted with this Privacy Policy Statement and told how to fulfill our obligations to you. 7. Data Retention ChinaMarket retains personal data so long as the data is still required for the purposes mentioned above. We reserve the right to retain copies for archival purposes indefinitely. Under this Ordinance, you may have the right: to check whether ChinaMarket holds data about you and to access such data; to require ChinaMarket to correct any inaccurate data relating to you; to ascertain ChinaMarket's policies and practices in relation to personal data and the kind of personal data held by ChinaMarket; ChinaMarket may charge a reasonable fee for processing any data access request. LAWS AND ARBITRATION China International Electronic Commerce Center reserves the right to interpret the agreement. By using the services, you must comply with all applicable laws and regulations of the People's Republic of China. Any dispute on the agreement and service of ChinaMarket, which could not solved by negotiation, should be submitted to Beijing Arbitration Commission (BJAC). DISCREPANCY OF THE AGREEMENT If there is any discrepancy in this agreement arising from the translated English version, the original traditional Chinese pages should be treated as the official version. ChinaMarket shall not be responsible for any loss or liability on any errors arising from the translated English version. REQUESTS, QUESTIONS AND COMPLAINTS Information requests and questions or complaints should be addressed to: Marketing Department BizTone Information Technology LLC. China International Electronic Commerce Center (CIECC) No. 11 Ronghua Rd., BDA, Beijing, China (100176) Fax: +86-10-67801624 E-mail: service@chinamarket.com.cn Copyright (c) China International Electronic Commerce Center. All rights reserved.
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