2. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the LIANJIN Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with LIANJIN, or otherwise commercially exploiting the LIANJIN Content. Systematic retrieval of LIANJIN from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from LIANJIN is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3. LIANJIN reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. In no event shall LIANJIN be liable to the User for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
4. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by LIANJIN and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
5. We urge that you read LIANJIN Privacy Policy which governs the protection and use of each User's information in LIANJIN possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that LIANJIN may change the Privacy Policy from time to time provided that LIANJIN shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
6. As a condition of your access to and use of LIANJIN, you agree that you will not use the LIANJIN service to infringe the intellectual property rights of others in any way. LIANJIN will in appropriate circumstances terminate the accounts of members or users who repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, LIANJIN reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the LIANJIN service, or if LIANJIN believes that user¡¯s conduct is harmful to the interests of LIANJIN, its affiliates, or other users, or for any other reason in LIANJIN sole discretion, with or without cause.
7. No sales agency relationship is created between any User and LIANJIN, our affiliates, directors, officers or employees by virtue of LIANJIN display of any of the User's information on the Site.
8. LIANJIN reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject LIANJIN to liability, violates this Agreement or is otherwise found inappropriate in LIANJIN opinion. LIANJIN reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrong doing. Furthermore, LIANJIN may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and LIANJIN shall not be liable for damages or results thereof and User agrees not to bring any action or claim against LIANJIN for such disclosure. In connection with any of the foregoing, LIANJIN may suspend or terminate the Account of any User as LIANJIN deems appropriate in its sole discretion. User agrees that LIANJIN shall have no liability to User, including no liability for consequential or any other damages, in the event LIANJIN takes any of the actions mentioned in this Section, and that User agrees to bear the risk that LIANJIN may take such actions.
9. Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from LIANJIN or through or from the Site shall create any warranty not expressly stated herein.
10. Under no circumstances shall LIANJIN be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11. Each User hereby agrees to indemnify and save LIANJIN, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save LIANJIN, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to LIANJIN, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save LIANJIN, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that LIANJIN is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. LIANJIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with LIANJIN in asserting any available defenses.
12. LIANJIN shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
* the use or the inability to use the Site;
* any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
* violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
* unauthorized access by third parties to data or private information of any User;
* statements or conduct of any User of the Site; or
* any matters relating to Premium Services however arising, including negligence.
13. LIANJIN is the sole owner or lawful licensee of all the rights to the Site and the LIANJIN Content. The Site and LIANJIN Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and LIANJIN Content shall remain with LIANJIN, its affiliates or licensors of the LIANJIN Content, as the case may be. All rights not otherwise claimed under this Agreement or by LIANJIN are hereby reserved.
14. All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to LIANJIN, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
15. LIANJIN is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon LIANJIN posting such notice on an area of the Site that is publicly accessible without charge.
16. Subject to any additional agreements relating to Trust Pass Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and LIANJIN with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
17. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
18. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
19. LIANJIN failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives LIANJIN right to act with respect with subsequent or similar breaches.
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