CHAPTER ONE: GENERAL PROVISIONS
1.1 This Eclinkin User Agreement (this “Agreement”) applies to your use, as the “user” (defined below) of the Eclinkin website and all or any of Eclinkin’s products or related services (collectively known as “the Website”). Your use of the Website is subject to the terms and conditions of this Agreement.
1.2 Your use of this Website shall be construed and understood to constitute your (“the User”) acceptance of all of the terms and conditions of this Agreement, and you understand and agree that a legal contractual relationship has been established between you, the user, and Eclinkin. You alone shall bear any and all legal responsibility and/or liability that arise from any and all activities conducted and events which arise as a result of your use of the Website.
1.3 Eclinkin users understand and acknowledge that their use of the various services provided by Eclinkin shall be construed and understood as your consent to the service agreement of each individual Eclinkin service and all other announcements published by Eclinkin governing each individual service.
1.4 Eclinkin users acknowledge that Eclinkin may update this Agreement, the service agreements, and announcements pertaining to each individual service from time to time without any specific previous notice.
1.5 Please read this Agreement carefully before you commence utilizing the various services provided by Eclinkin. If you do not accept any terms or conditions of this Agreement and/or its amendments, you should discontinue your use of such services immediately. Once you use any of Eclinkin’s service(s), including the Website, it shall be construed and understood that you have fully understood, consented to and accepted all terms and conditions of this Agreement and its amendments, when applicable, and you shall become a Eclinkin user (also known as “user”).
CHAPTER TWO: INFORMATION REGISTRATION AND PRIVACY PROTECTION
2.1 Users may register for an account on the Website by following all applicable registration procedures (“Eclinkin account”). The ownership of a Eclinkin account (which may include but may not be limited to registering a Eclinkin user ID) shall be vested in Eclinkin. A Eclinkin user has the right to use a Eclinkin account when the registration procedures are completed. The Eclinkin user shall provide his/her “Registration Data” (which includes but is not limited to the all information provided by the Eclinkin user during the registration process, such as the Eclinkin user’s name, address, contact information and other identifying information) in a timely, detailed and accurate manner. The Eclinkin user shall also update his/her registration information to ensure its timeliness, details and accuracy. All information entered by the Eclinkin user during the registration process shall be treated as Registration Data and Eclinkin shall not be liable for any consequences arising from the user providing any false Registration Data.
2.2 Eclinkin users shall not be permitted to transfer or lend their accounts or passwords to any third party. In the event that a Eclinkin user discovers that his/her account has been or is being illegally used by a third party, the Eclinkin user should notify Eclinkin immediately. Eclinkin shall not be liable for any illegal use of a Eclinkin user’s account or passwords caused by a third party or by the user’s own negligence.
2.3 Eclinkin will not disclose or provide the user’s registration information to any third party unless:
a. the user’s prior authorization has been obtained;
b. the products or service requested cannot be provided unless such personal information is disclosed;
c. as per the requirements of relevant laws and regulations;
d. as per the requirements of relevant government authorities;
e. to safeguard the legitimate rights and interests of Eclinkin, the user or any other third party;
f. the user expressly consents to sharing the information with a third party;
g. Eclinkin discovers that the user has violated or is violating the terms and conditions of the Agreement or use rules for other products; or
h. Eclinkin needs to submit the user’s personal information to the companies providing Eclinkin and the user with products or services (unless Eclinkin notifies you otherwise, such companies shall have no right to use your identification).
2.4 Eclinkin will collect the Eclinkin user’s personal information when the user (i) registers to be a Eclinkin user, (ii) uses the Website or other of Eclinkin’s products or services, (iii) browses a Eclinkin page, or (iv) participates in promotions and sweepstakes. The personal information will be utilized to maintain or improve the services and web content provided for the user. The user may inquire the personal information or request to review, make a copy of, correct or delete the personal information. The user may also request to discontinue collection, processing or use of the personal information.
CHAPTER THREE: INDEMNITY
3.1 You, the user, agree to indemnify and hold Eclinkin and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any alleged, threatened or actual claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of terms and conditions of this Agreement, your violation of the provisions of a related services agreement, or your violation of any rights of another individual.
3.2 Eclinkin, depending on the nature of a user’s activity, is entitled to take punitive measures against the user, including but not limited to: removing the content published by a user; suspending his/her account; restricting the usage of his/her account; recycling the Eclinkin account; or taking any necessary legal or other measures.
3.3 In response to any malicious registration of a Eclinkin account or activities utilizing a Eclinkin account to distort, harass or deceive other users, or any other third party, or in any other manner violating this Agreement, Eclinkin shall be entitled to suspend or delete such an account.
CHAPTER FOUR:DISCLAIMER OF WARRANTIES
YOU, THE USER, EXPRESSLY UNDERSTAND AND AGREE THAT:
4.1 YOUR USE OF THE WEBSITE AND ANY Eclinkin PRODUCT OR SERVICE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Eclinkin AND ITS SUBIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4.2 Eclinkin AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THE USER, THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN YOUR USE OF THE WEBSITE OR WILL BE CORRECTED.
4.3 ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Eclinkin OR THROUGH YOU FROM THE WEBSTIE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.5 Eclinkin AND ITS AFFILIATES DO NOT REVIEW OR MONITOR ANY WEB SITES LINKED TO THE WEBSITE, AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH LINKED WEB SITES. YOUR USE OF SUCH WEB SITES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE USE OF ANY ADVICE, OPINION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION DISPLAYED, LINK TO, OR DISTRIBUTED THROUGH THE WEBSITE IS AT YOUR OWN RISK. PRIOR TO PURCHASING ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED ON OR LINKED FROM THE WEBSITE, YOU ARE ADVISED TO VERIFY PRICING, PRODUCT QUALITY AND OTHER INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASE. NEITHER Eclinkin NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL HAVE ANY LIABILITY ARISING FROM YOUR PURCHASES OF THIRD PARTY PRODUCTS OR SERVICES BASED UPON THE INFORMATION PROVIDED ON THE WEBSITE.
4.6 ALL LINKS AND LOGOS TO THIRD PARTY WEBSITES HAVE BEEN PROVIDED BY THIRD PARTIES AND HAVE NOT BEEN PROVIDED BY Eclinkin OR ITS AFFILIATES.
CHAPTER FIVE: LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Eclinkin AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMGES INCLUDING, BUT NOT LIMTIED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Eclinkin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
CHAPTER SIX: USE RULES
6.1 Eclinkin users shall be bound by the laws and regulations of People’s Republic of China (“P.R.C.”) when using the Website and shall not utilize the service for any illegal activities, including but not limited to:
a. Uploading, displaying, posting, spreading or sending in any other manner any information that: (1) contradicts or violates the basic principles established by the Constitution of the P.R.C. or the territory where the Website is being accessed from; (2) endangers national security, divulges state secrets or undermines national unity of the P.R.C. or the territory where the Website is being accessed; (3) damages the honor and interests of the P.R.C. or the territory where the Website is being accessed from; (4) incites ethnic hatred or ethnic discrimination, or undermines ethnic unity; (5) jeopardizes any religious policies, or advocates cults and superstition; (6) spreads rumors, disturbs social order, or undermines social stability; (7) spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates others to commit crimes; (8) insults or slanders others, or infringes upon the legal rights of others; (9) incites illegal assembly, association, procession, demonstration or gathers crowds to disturb social order; (10) is false, harmful, threatening, privacy infringing, or contains contents of harassments, infringements, defamations, vulgarity, or obscenity, or is otherwise morally objectionable, lack of aesthetic, unsuitable with fine custom; (11) contains other contents restricted or prohibited by laws, regulations, rules and any other legally binding provisions;
b. Instances where it is forbidden to use the Internet service system for illegal purposes; or
c. Instances where it is forbidden to undertake the following activities: (1) access the computer information network or use of resources of the computer information network without authorization; (2) delete, modify or add any function of the computer information network without authorization; (3) delete, modify or add any data or application stored, processed or transmitted in the computer information network without authorization; (4) intentionally create or disseminate computer virus or other destructive programs; (5) or other activities that damage the computer information network.
6.2 Eclinkin Users shall not duplicate, copy, sell, resell or use for any other commercial purpose any part of the Website or the use of the Website.
CHAPTER SEVEN: SERVICE CONTENT
7.1 Unless otherwise expressly provided in this Agreement, any new product(s), new function(s) and/or new service(s) provided in connection with, or affiliated with, the Website by Eclinkin shall be subject to this Agreement.
7.2 Eclinkin may conduct maintenance on the Website and other related equipment either regularly or irregularly. Eclinkin shall assume no responsibility for any interruption of the network services (including, but not limited to subscription network service) within a reasonable period caused by such maintenance. Eclinkin reserves the right to suspend any part of, or the entire Website, for maintenance, upgrading and other purposes without prior notice.
7.3 Eclinkin reserves the right to terminate user accounts which have not been logged in to (i.e., accessed) for three (3) months or more.
7.4 Eclinkin is entitled to modify or terminate the services provided under the Website (or any other parts thereof) at any time temporarily or permanently without prior notice. Eclinkin is not liable to any user or any third party with respect to any modification or termination of service with or without notice.
7.5 Termination of Service
Eclinkin users agree that Eclinkin is entitled to terminate his/her account or the use of any service (or any part of service), or remove and delete any content in connection with this service based on Eclinkin’s own discretion for any reason, including but not limited to disuse for a long period of time or if Eclinkin considers a Eclinkin user to have violated or be in the process of violating the terms and conditions of this Agreement. A Eclinkin user agrees the service provided in accordance with this Agreement can be suspended or terminated without any prior notice. The user acknowledges and agrees that Eclinkin can shut down, terminate or delete his/her account and all the information and documents included within the account immediately, and/or forbid the user from continuing to use or access the aforesaid documents and service. In addition, Eclinkin users agree that in the event the use of the service is suspended, terminated or the account and relevant information and documents are shut down or deleted, neither Eclinkin nor its affiliates shall be responsible for any liability to a Eclinkin user or any other third party.
CHAPTER EIGHT: INTELLECTUAL PROPERTY AND OTHER LEGITIMATE RIGHTS AND INTERESTS (INCLUDING BUT NOT LIMITED TO THE RIGHT TO REPUTATION AND BUSINESS REPUTATION)
8.1 Exclusive Rights to Users and Infringement Notice
If (i) a rights holder finds that a third party has infringed his/her legitimate rights and interests through the internet or the Website and (ii) such right is infringed by content posted on a third parties’ website connected with links provided on the Website, such individual or entity may file a notice of infringement (“Infringement Notice”) with Eclinkin. To file an Infringement Notice with us, you must provide a written communication based upon the instructions below.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any misrepresentation in the Infringement Notice. If you are not sure whether material available online infringes any of your legitimate right, we suggest that you first contact an experienced professional.
To expedite our ability to process your request, please use the following format (including section numbers):
a. Provide materials evidencing that you have the right to exercise the trademark, copyright or another legitimate right which you allege has been infringed.
b. Identify in sufficient and clear detail the content pertaining to the protected legitimate right you believe has been infringed and the websites that contain the infringing content (if possible).
c. Identify the material that you claim is infringing the legitimate right listed in Item 2 above.
d. Provide detailed contact information of the Rights Holder, including name, a copy of the identity card or the passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address.
e. Provide location of infringing content on the Internet (for example, the source of allegedly infringing content, such as the specific website or location within a webpage) to enable us to notify the owner/administrator of the web page that allegedly contains infringing content.
f. Include the following statements in the Infringement Notice: “(i) I am the rights holder or am authorized to exercise the right; (ii) My legitimate rights are infringed by content on the allegedly infringing web pages”; and (iii) Include the following statement in the Infringement Notice: “I represent that the information in this Infringement Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in Item 2 of this Infringement Notice, and that I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation.”
8.2 The following rules apply with respect to any and all intellectual property affiliated with the Website:
a. All information and images are being provided such that users can access information;
b. All information and images may not be used for commercial purposes;
c. All information, images or any part thereof must include this copyright notice;
d. All of Eclinkin’s products, technology, and all programs provided on the Website are Eclinkin intellectual property and are not authorized to anybody hereby.
e. “Eclinkin” is registered trademarks of Eclinkin,
f. Without Eclinkin’s prior consent, license or authorization, no third party shall engage in the following conduct, including but not limited to: illegally copying, disseminating, displaying, mirroring, uploading, or downloading the aforementioned information, products, technology and programs that are the exclusive property of Eclinkin. Eclinkin shall work with the appropriate authorities to investigate any user’s or third party’s use of Eclinkin’s information, products, technology or programs undertaken in violation of any related laws or regulations.
8.3 Eclinkin users agree that all of Eclinkin’s trademarks, trade names, services marks and other Eclinkin logos and brand features, are the property of Eclinkin (the “Eclinkin Marks”). Without Eclinkin’s prior permission, you may not display or use the Eclinkin Marks in any manner.
CHAPTER NINE: MISCELLANEOUS PROVISIONS
9.1 The Laws of the P.R.C. shall prevail when dealing with the conclusion, implementation and interpretation of this Agreement, and any dispute or settlement arising thereof.
9.2 Any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you, the user, and Eclinkin shall be brought exclusively in the people’s courts located in Eclinkin’s domicile. You, the user, and Eclinkin agree to submit to the personal jurisdiction of the courts located which govern Eclinkin’s domicile, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such court sand to venue in such courts.
9.3 The failure of Eclinkin to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, 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 shall remain in full force and effect.