1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate,
current and complete information about itself and its business references as may
be required by ChinaPackNet and (b) maintain and promptly amend all information to keep
it true, accurate, current and complete. Each Member hereby grants an irrevocable,
perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license
to ChinaPackNet 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 now known
or not currently known.
2 Each Member hereby represents, warrants and agrees that the use by such Member
of the Service and the Site shall not:
(a) 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;
(b) be part of a scheme to defraud other Members or other users of the Site or for
any other unlawful purpose;
(c) 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;
(d) violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
(e) contain information that is defamatory, libelous, unlawfully threatening or
unlawfully harassing;
(f) 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;
(g) promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age;
(h) contain any material that constitutes unauthorized advertising or harassment
(including but not limited to spamming), invades anyone's privacy or encourages
conduct that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any law or regulation;
(i) involve attempts to copy, reproduce, exploit or expropriate ChinaPackNet's various
proprietary directories, databases and listings;
(j) 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;
(k) involve any scheme to undermine the integrity of the computer systems or networks
used by ChinaPackNet and/or any user of the Service and no Member shall attempt to gain
unauthorized access to such computer systems or networks;
(l) link directly or indirectly to or include descriptions of goods or services
that are prohibited under this Agreement or the ChinaPackNet Terms of Use;
(m) otherwise create any liability for ChinaPackNet or its affiliates.
3 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 (a)
act as such Member's business referee; (b) to post and publish their contact details
and information, reference letters and comments on their behalf; and (c) that third
parties may contact such business referees to support claims or statements made
about the Member. 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.
4 Each Member acknowledges and agrees that ChinaPackNet shall not be required to actively
monitor nor exercise any editorial control whatsoever over the content of any message
or other material or information created, obtained or accessible through the Service.
ChinaPackNet does not endorse, verify or otherwise certify the contents of any comments
or other material or information made by any Member. 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.
5 Each Member represents, warrants and agrees that it has obtained all necessary
third party copyright or trademark licenses and permissions and shall be solely
responsible for ensuring that any material or information it posts on the Site or
provides to ChinaPackNet or authorizes ChinaPackNet to display does not violate the copyright,
trademark, trade secret or any other personal or proprietary rights of any third
party or is posted with the permission of the owner(s) of such rights.
6 Each Member may not use the Service to send spam or otherwise send content that
would violate the Agreement.
7 If any Member breaches the representations, warranties and covenants of paragraphs
1, 2, 3, 4, 5 or 6 above, or if ChinaPackNet has reasonable grounds to believe
that such Member is in breach of such representations, warranties and covenants,
ChinaPackNet has the right to suspend or terminate the Service and all Service Details
with respect to such Member without any compensation, and refuse any and all current
or future use of the Service or any other services that may be provided by ChinaPackNet.
Further, ChinaPackNet reserves the right in it sole discretion to remove any material
it reasonably believes that is unlawful, could subject ChinaPackNet to liability, violates
this Agreement or the ChinaPackNet Terms of Use or is otherwise found inappropriate in
ChinaPackNet's opinion. ChinaPackNet 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. Further, ChinaPackNet 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 ChinaPackNet shall not be liable for damages or results thereof and Member agrees
not to bring any action or claim against ChinaPackNet for such disclosure. In connection
with any of the foregoing, ChinaPackNet may suspend or terminate the Account of any Member
as ChinaPackNet deems appropriate in its sole discretion.
8 Each Member agrees to indemnify ChinaPackNet, its employees, agents and representatives
and to hold them harmless, from any and all losses, claims and liabilities (including
legal costs on a full indemnity basis) which may arise from its submissions, posting
of information or deletion thereof, from such Member's use of the Service or from
such Member's breach of this Agreement or the ChinaPackNet Terms of Use. Each Member
further agrees that ChinaPackNet is not responsible, and shall have no liability to it
or anyone else for any material posted by such Member or third parties, including
fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material
and that the risk of damage from such material rests entirely with each Member.
ChinaPackNet reserves the right; at it own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by the Member, in which
event the Member shall cooperate with ChinaPackNet in asserting any available defenses.
9 Member's information will be stored on our servers and ChinaPackNet treats data as
an asset that shall be protected and use lots of tools (encryption, passwords, physical
security, etc.) to protect Member personal information against unauthorized access
and disclosure. However, third parties may unlawfully intercept or access transmissions
or private communications, and other users may abuse or misuse Member's personal
information that they collect from the Site. Therefore, although ChinaPackNet works very
hard to protect Member's privacy, ChinaPackNet does not promise, and the Member should
not expect, that your personal information or private communications will always
remain private.
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