PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to Sinoimex.com. By using Sinoimex.com (the "Site"), including its services, tools, and its related sites, you agree to the following terms and conditions with Sinoimex.com. If you do not accept all of the terms and conditions, please do not use this Site. You are going to become a member of Sinoimex.com only after you register with the Site. By completing the registration process and clicking the "I AGREE" button, you are indicating your consent to be bound by this Membership Agreement (the "Agreement"),Terms and Conditions ,Privacy Policy and Product Listing Policy . The Agreement will take effect immediately when you activate your account. Terms not defined in this Agreement shall bear the same meaning as that contained in Terms and Conditions.
Sinoimex.com may amend and update this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement is effective on December 22, 2010 for current members and upon activation of accounts for new members.
1.The Service
1.1 Sinoimex.com provides services both free of charge and paid. Free-of-charge services will be offered for an unspecified time period unless terminated in accordance with the terms of this Agreement. Paid services will be offered for a time period in accordance with the subscription agreement.
1.2 The free-of-charge Service will have the following core features, which maybe added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Sinoimex.com and notified to you)
1.2.1 Member Info - allows each Member to display and edit both basic personal information and profile of company which may be represented by such Member.
1.2.2 Message Center - allows each Member to compose, send or receive messages from other members.
1.2.3 Trade Lead - allows each Member to post on the Site for public display offers to buy or sell products and services from other users of the Site. Each Member is granted unlimited authority of trade lead posting.
1.2.4 Product List - allows each Member to display and edit descriptions, specifications and images.
1.2.5 Favorite Archive - allows each Member to save companies, products or offers they may be interested in.
1.2.6 GAIL Service - allows each member to get 1 piece of transaction record of the HS Code or product this member is interested in for free. The record will be sent to the Member's email address which was provided to Sinoimex.com in the process of registration.
1.3 Sinoimex.com may suspend or terminate all or part of the above free-of-charge services at any time in its sole discretion. Sinoimex.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
1.4 Apart from all the free-of-charge services, paid Members are granted to use more services or features of functionality of the Service in accordance with the subscription agreement.
1.5 Sinoimex.com shall issue a Member ID and Password (the latter shall be set by the Member in the process of registration) to each Member to access the Service through such Member's account.
2.Member Rights and Responsibilities
2.1 Each Member hereby represents, warrants, and agrees to provide true, accurate, current and complete information about itself and its business references as may be required by Sinoimex.com, maintain and promptly amend all information to keep it true, accurate, current and complete.
2.2 Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Sinoimex.com to display and use all information provided by Such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity and database rights you have in such material or information, in any media known or not currently known.
2.3 Each member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password, A set of Member ID and Password is unique to a single account and no Member shall share, assign or permit the use of its account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its account with other persons, or allowing multiple users outside of its business entity to use its account will cause irreparable harm to Sinoimex.com and each Member shall indemnify Sinoimex.com against any loss or damages, including but not limited to loss of profits, suffered by Sinoimex.com as a result of such multiple use of and account. Each Member hereby undertakes the responsibility to notify Sinoimex.com immediately of any unauthorized use of its account, Member ID or Password or any other breach of security. Each member hereby agrees that Sinoimex.com shall not be liable for any loss or damages arising from the Member's failure to comply with this term.
2.4 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:
2.4.1 contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
2.4.2 contain any material that constitutes unauthorized advertising or harassment, including but not limited to spamming;
2.4.3 be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
2.4.4 infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
2.4.5 impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
2.4.6 invade anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
2.4.7 violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
2.4.8 contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
2.4.9 involve attempts to copy, reproduce, exploit or expropriate Sinoimex.com's various proprietary directories, databases and listings;
2.4.10 involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
2.4.11 involve any scheme to undermine the integrity of the computer systems or networks used by Sinoimex.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
2.4.12 link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms and Conditions ;
2.4.13 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
2.4.14 Otherwise create any liability for Sinoimex.com or its affiliates.
2.5 Each Member represents warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to act as such Member's business referee, post and publish their contact details and information, reference letters and comments on their behalf. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
2.6 Each Member shall not take any action which may undermine the integrity of Sinoimex.com's feedback system, such as leaving positive feedback of himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
2.7 Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. Sinoimex.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member.
2.8 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Sinoimex.com or authorizes Sinoimex.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
2.9 Each Member represents warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Sinoimex.com or authorizes Sinoimex.com to display.
2.10 Each Member acknowledges that inability to use the Service in whole or in part for whatever reason may have adverse effects on its business, and hereby agrees that in no event shall Sinoime.com be liable to the Member or any third parties for any inability to use the Service, whether due to disruption, changes to or termination of the Service or otherwise, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
3.Sinoimex.com Rights and Responsibilities
3.1 Sinoimex.com reserves the right to change, upgrade, modify, limit or suspend the Service, in whole or in part, or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Changed, upgraded, modified services shall be governed by this Agreement, unless otherwise stated by Sinoimex.com.
3.2 Sinomex.com reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on the Site for such duration as Sinoimex.com may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Sinoimex.com to liability, violates this Agreement or the Terms and Conditions is otherwise found inappropriate in Sinoimex.com's opinion.
3.3 Sinoimex.com 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 wrongdoing. Sinoimex.com may disclose the Member'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 Sinoime.xom shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Sinoimex.com for such disclosure.
3.4 Sinoimex.com reserves the right to pre-screen content posted by user or third parties, although Sinoimex.com does not to do so. Sinoimex.com shall have the right in its sole discretion to move, modify or remove any content that is posted or uploaded on the Site.
4.Use of Discussion Boards on the Site
4.1The Sinoimex.com discussion boards were created to provide a place where members can connect with other members, receive support, and learn more about Sinoimex.com. The aim is in order to promote and encourage open, honest and respectful communication between all of our Members.
4.2Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through the discussion boards on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not Sinoimex.com, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site. Sinomex.com does not control the content posted via the discussion boards and therefore does not guarantee the accuracy, integrity or quality of such content.
4.3 Sinoimex.com reserves the right to delete or edit any postings in its sole discretion without prior notice. Sinoimex.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Site. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or objectionable.Under no circumstances will Sinoimex.com be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member.
4.4 Each Member agrees not to use the discussion boards on the Site to:
4.4.1 upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
4.4.2 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
4.4.3 collect or store personal data about other users;
4.4.4 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
4.4.5 upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;
4.4.6 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
4.4.7 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
4.4.8 upload, post or e-mail any content that contains a complaint regarding Sinoimex.com's services or refers to such a complaint on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site;
4.4.9 violate any applicable national or internal laws or regulations.
4.5 All information and/or other content posted on the Site by the Sinoimex.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations
5.Access and interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express hand written permission. In the meantime, you agree that you will not:
5.1 take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
5.2 modify, copy, reproduce, distribute, create derivative works from, or publicly display any content (except for your information) from the Site without the prior express written permission of Sinoimex.com and the appropriate third party, as applicable.
5.3 interfere or attempt to interfere with the proper working of the Site, services or tools, or any activities conducted on or with the Site, services, or tools.
5.4 submit information on the Site which contains any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
5.5 bypass any measures we may use to prevent or restrict access to the Site.
6.Content
When you post or upload content on the Site, you grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity rights you have in the contents, in any media known now or in the future.
7.Waiver and Severability
The failure of Sinoimex.com to exercise or enforce 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 to be invalid and/or determined to be invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, the Parties agree that the Court shall endeavor to give effect to the Parties' intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
8.Privacy
Sinoimex.com does not sell, rent or exchange the Members' personal information to any third party for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We store and process your information on computers located in Dalian, China that are protected by physical as well as technological security devices. You can access and modify the information you provide us in "My Center", and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Privacy Policy. If you object these terms, do not use our services.
9.Liability Disclaimer
9.1 IN NO EVENT WILL SINOIMEX.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE.
9.2 INFORMATION, FEATURES, PRODUCTS AND SERVICES ON SINOIMEX.COM SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
9.3 Members must be aware that messages or information sent by other Members through communication systems, emails, fax or letters is out of Sinoimex.com's control and monitoring ability and so Members acknowledge that Sinoimex.com shall not be held responsible or liable for the contents of the messages and information. The information sender shall be responsible for the contents of all the information communicated, as well as the consequences of any such message.
9.4 Members acknowledge and agree that by using the features, products and services provided in this Site, a Member may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Sinoimex.com be liable in any way for any Member or third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the features, products and services provided by the Site.
9.5 Member, by accepting these terms and conditions, acknowledges that in no event shall Sinoimex.com be liable to the Members or any third parties 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, and for any delays, errors or omissions with respect to any communications or transmission, or any damage arising from the use of the Site.Sinoimex.com can not be held responsible also for the inability of the Member to use the Site or any of its features.
9.6 Any material downloaded or otherwise obtained through the Site is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Sinoimex.com or through or from the Site shall create any warranty not expressly stated herein.
9.7 Under no circumstances shall Sinoimex.com 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.
9.8 Sinoiemx.com is not involved in any actual transactions between trade parties. The Site does not represent the seller or the buyer in any transactions and does not charge any commissions from the parties of transactions. Therefore, Sinoimex.com has no control over and is not responsible for the quality, safety, availability or legality of the provider's items, the traders' information and their abilities of to fulfill their obligation in trade agreements. In the event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify Sinoimex.com from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes. Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, licenses, fines, handling, transportation and storage.
9.9 If you have a dispute with one or more Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10. Indemnity
The Members hereby agree to indemnify and hold Sinoimex.com and its subsidiaries, affiliates, joint-ventures, executives, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees and expenses of other professionals, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
11. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12. Notice
Except as explicitly stated otherwise, all notices to Sinoimex.com shall be given by postal mail to Sinoimex.com, Building C1,No.2 Software Park Road East, Dalian,Liaoning,China.116023. Attn: legal.dept All notices to the Members 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 Member to Sinoimex.com, or by posting such notice on an area of the Site that is publicly accessible without a charge. Notice to a Member shall be deemed to be received by such Member if and when.
12.1 Sinoimex.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member. For example, Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, and notice shall be deemed given three days after the date of mailing.
12.2 Immediately upon Sinoimex.com's posting such notice on an area of the Site that is publicly accessible without charge. 13. Governing Laws and Disputes
This Membership Agreement and your use of the Site shall be governed by and construed in accordance with the laws of People's Republic of China. This will not prevent Sinoimex.com from pursuing a claim for breach of contract, copyright infringement or otherwise
in respect of this Agreement and the Services in any other jurisdiction throughout the world.
