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Written by Administrator   
Wednesday, 03 October 2007

BizChina Update (www.bizchinaupdate.com) Terms of Service Agreement  October 3, 2007

BizChina Update (www.bizchinaupdate.com) is an Internet news content and service provider that enables members to create unique online personal profiles in order to use the services on BizChina Update (www.bizchinaupdate.com) and interact with other members. The Services offered by BizChina Update (www.bizchinaupdate.com) (referred to herein as "BizChina Update (www.bizchinaupdate.com)" or "we") include BizChina Update (www.bizchinaupdate.com) Search, BizChina Update (www.bizchinaupdate.com) News, BizChina Update (www.bizchinaupdate.com) Photos, BizChina Update (www.bizchinaupdate.com) Video, BizChina Update (www.bizchinaupdate.com) Events, BizChina Update (www.bizchinaupdate.com) Business Directory, BizChina Update (www.bizchinaupdate.com) Direct Newsletter, BizChina Update (www.bizchinaupdate.com) Biz Talk interviews and any other features, content or applications offered from time to time by BizChina Update (www.bizchinaupdate.com) in connection with the Website (herein referred to collectively as the "Services")

This Terms of Service Agreement (herein referred to as the "Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" or “Guest” (which means that you are simply browsing the Website) or you are a "Member" (which means that you have registered with BizChina Update (www.bizchinaupdate.com)). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a member, communicate with other members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes BizChina Update (www.bizchinaupdate.com)'s policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and BizChina Update (www.bizchinaupdate.com)'s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content, allow pop ups and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

BizChina Update (www.bizchinaupdate.com) may modify this Agreement from time to time and such modification shall be effective upon posting by BizChina Update (www.bizchinaupdate.com) on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on BizChina Update (www.bizchinaupdate.com) and that you provide to other Users. Your BizChina Update (www.bizchinaupdate.com) profile may not include the following items: any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BizChina Update (www.bizchinaupdate.com) Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and BizChina Update (www.bizchinaupdate.com) assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact BizChina Update (www.bizchinaupdate.com) or click on the "Report Inappropriate Content" link at the bottom of any BizChina Update (www.bizchinaupdate.com) page. BizChina Update (www.bizchinaupdate.com) reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice and without liability.

1. Eligibility
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation in your country or ours. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 14 years of age.

2. Terms
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BizChina Update (www.bizchinaupdate.com) may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Fees
Currently there are no fees for complete access to www.bizchinaupdate.com however you acknowledge that BizChina Update (www.bizchinaupdate.com) may at a futre date decide to provide pay for access to some areas or content of the website and reserves the right to charge for the Services and to change its fees from time to time in its discretion. If BizChina Update (www.bizchinaupdate.com) terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of another Member at any time or to disclose your password to any third party. You agree to notify BizChina Update (www.bizchinaupdate.com) immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BizChina Update (www.bizchinaupdate.com). Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

6. Proprietary Rights in Content on BizChina Update (www.bizchinaupdate.com)
1. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, granting interviews or giving statments or any other materials (collectively referred to in this Agreement as "Content") on or through the Services or to us directly by email, recording, postage or other such transmition, you hereby grant to BizChina Update (www.bizchinaupdate.com), a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute such Content on and through the Services. This license will terminate at the time we remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content posted by you to or through the Services.

2. The Services contain the Content of BizChina Update (www.bizchinaupdate.com) (referred to in this Agreement as "BizChina Update (www.bizchinaupdate.com) Content"). BizChina Update (www.bizchinaupdate.com) Content is protected by copyright, trademark, patent, trade secret and other laws and BizChina Update (www.bizchinaupdate.com) owns and retains all rights in the BizChina Update (www.bizchinaupdate.com) Content and the Services. BizChina Update (www.bizchinaupdate.com) hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BizChina Update (www.bizchinaupdate.com) Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

3. The Services contain Content of Users and other BizChina Update (www.bizchinaupdate.com) licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Services.

7. Content Posted
1. BizChina Update (www.bizchinaupdate.com) may delete any Content that in the sole judgment of BizChina Update (www.bizchinaupdate.com) violates this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. BizChina Update (www.bizchinaupdate.com) assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time BizChina Update (www.bizchinaupdate.com) chooses, in its sole discretion, to monitor the Services, BizChina Update (www.bizchinaupdate.com) nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the Services and any material or information that you transmit to other Members and for your interactions with other Users. BizChina Update (www.bizchinaupdate.com) does not endorse and has no control over the Content. Content is not necessarily reviewed by BizChina Update (www.bizchinaupdate.com) prior to posting and does not necessarily reflect the opinions or policies of BizChina Update (www.bizchinaupdate.com). BizChina Update (www.bizchinaupdate.com) makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. BizChina Update (www.bizchinaupdate.com) reserves the right to investigate and take appropriate legal action against anyone who, in BizChina Update (www.bizchinaupdate.com)'s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BizChina Update (www.bizchinaupdate.com):

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence or offensive subject matter;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. BizChina Update (www.bizchinaupdate.com) reserves the right to investigate and take appropriate legal action against anyone who, in BizChina Update (www.bizchinaupdate.com)'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

16. criminal activity
Tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, the sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;

17. advertising to or solicitation of, any Member to buy or sell any products or services through the Services.
You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BizChina Update (www.bizchinaupdate.com) reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BizChina Update (www.bizchinaupdate.com) deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to BizChina Update (www.bizchinaupdate.com), but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BizChina Update (www.bizchinaupdate.com) USD $50.00 for each such unsolicited email or other unsolicited communication you send through the Services;

18. covering or obscuring the banner advertisements on your personal profile page or any BizChina Update (www.bizchinaupdate.com) page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add business contacts;
20. interfering with, disrupting or creating an undue burden on the Services or the networks or services connected to the Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your BizChina Update (www.bizchinaupdate.com) Player and embedding it into other profiles or asking other Members to embed it into their profiles;
23. using the account, username or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the Services in order to harass, abuse or harm another person; or
26. using the Services in a manner inconsistent with any and all applicable laws and regulations.

9. Copyright Policy
You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information belonging to BizChina Update (www.bizchinaupdate.com) or others without obtaining the prior written consent of BizChina Update (www.bizchinaupdate.com) or the owner of such proprietary rights. It is the policy of BizChina Update (www.bizchinaupdate.com) to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to BizChina Update (www.bizchinaupdate.com) by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BizChina Update (www.bizchinaupdate.com)'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, BizChina Update (www.bizchinaupdate.com), email.

10. Member Disputes
You are solely responsible for your interactions with other BizChina Update (www.bizchinaupdate.com) Members. BizChina Update (www.bizchinaupdate.com) reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers
BizChina Update (www.bizchinaupdate.com) is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on BizChina Update (www.bizchinaupdate.com) may contain links to other websites. BizChina Update (www.bizchinaupdate.com) is not responsible for the Content, accuracy or opinions expressed on such websites and such websites are in no way investigated, monitored or checked for accuracy or completeness by BizChina Update (www.bizchinaupdate.com). Inclusion of any linked website on BizChina Update (www.bizchinaupdate.com) does not imply approval or endorsement of the linked website by BizChina Update (www.bizchinaupdate.com). When you access these third-party sites, you do so at your own risk. BizChina Update (www.bizchinaupdate.com) takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. BizChina Update (www.bizchinaupdate.com) is not responsible for the conduct, whether online or offline, of any User of the Services. BizChina Update (www.bizchinaupdate.com) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, any User or Member communication. BizChina Update (www.bizchinaupdate.com) is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall BizChina Update (www.bizchinaupdate.com) be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a BizChina Update (www.bizchinaupdate.com) event, from any Content posted on or through the Services or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and BizChina Update (www.bizchinaupdate.com) expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BizChina Update (www.bizchinaupdate.com) cannot guarantee and does not promise any specific results from use of the Services.

13. Limitation on Liability (limited liability)
IN NO EVENT SHALL BIZCHINA UPDATE (WWW.BIZCHINAUPDATE.COM) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BIZCHINA UPDATE (WWW.BIZCHINAUPDATE.COM) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIZCHINA UPDATE (WWW.BIZCHINAUPDATE.COM)'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIZCHINA UPDATE (WWW.BIZCHINAUPDATE.COM) FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls
Software available in connection with the Services (referred to in this Agreement as "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

15. Disputes
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of Hong Kong without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in Hong Kong courts.

16. Indemnity
You agree to indemnify and hold BizChina Update (www.bizchinaupdate.com), its subsidiaries and affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes BizChina Update (www.bizchinaupdate.com) to be liable to another.

17. Other
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BizChina Update (www.bizchinaupdate.com) regarding the use of the Services. The failure of BizChina Update (www.bizchinaupdate.com) to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BizChina Update (www.bizchinaupdate.com) is a trademark of BizChina Update (www.bizchinaupdate.com), Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact BizChina Update (www.bizchinaupdate.com) with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

 

Last Updated ( Wednesday, 03 October 2007 )
 
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