PLEASE READ THESE TERMS AND CONDITIONS. |
AsianNet Inc. ("AsianNet") welcomes you. AsianNet provides its service to you subject to the following Terms of Service ("Agreement"), which may be updated by us from time to time without notice to you. In addition, when using particular AsianNet services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
- Acceptance of Terms and Conditions
- For purposes of this Agreement, a "User" is any person who accesses www.asiannet.com and any hosts with asiannet.com domain name ("AsianNet Sites"), for whatever purpose, regardless of whether said User has or has not registered with AsianNet as a Member or whether said User is a paying customer for a specific service provided by AsianNet.
- By accessing or using AsianNet Sites, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. If you do not accept all of the terms and conditions of this Agreement, please do not use AsianNet Sites.
- AsianNet may amend this Agreement at any time by posting the amended and restated Agreement on the AsianNet Sites. The amended and restated Agreement shall be effective immediately upon posting.
- Users Generally
- Users may use AsianNet Sites 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 AsianNet Sites for the purpose of re-selling or re-distributing the AsianNet Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with AsianNet, or otherwise commercially exploiting the AsianNet Content. Systematic retrieval of AsianNet Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from AsianNet is prohibited.
- Some of the AsianNet Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the party who provided the content. AsianNet is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, AsianNet is not responsible for the conduct of any User's activities on the AsianNet Sites, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
- AsianNet may allow Users access to content offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. User acknowledges that AsianNet has no control over such third party's web site, and AsianNet shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
- Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.5 below.
- AsianNet reserves the right to limit, deny or create different access to AsianNet Sites 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 AsianNet Sites wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall AsianNet be liable to the User or any third parties for any inability to use AsianNet Sites (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 AsianNet Sites or any of its features.
- As a condition of your access to and use of AsianNet, you agree that you will not use the AsianNet service to infringe the intellectual property rights of others in any way. AsianNet will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others.
- Each User who has registered with AsianNet by submitting an application form on AsianNet Sites and was thereafter approved by AsianNet is a member of AsianNet. AsianNet will establish an account for each Member and each Member will be assigned a Member ID and password for log-in access to its own Account.
- AsianNet may suspend or terminate a Member's Account at any time by giving no less than 24-hour notice to the Member; provided, however, that notice is not required for such termination if (a) in AsianNet's determination, there is any breach of the provisions of this Agreement by the Member; or (b) AsianNet has reasonable grounds to suspect that such information provided by a Member is untrue, inaccurate or is not current or complete, or (c) AsianNet believes that the Member's actions may cause financial loss or legal liability to such Member, AsianNet's other Users, or AsianNet or its affiliates.
- A Member may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party. AsianNet may suspend or terminate the Account of a Member or the transferee of a Member in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
- Users Who Post Information on AsianNet
- You must be a Member in order to post information on AsianNet Sites. Your status as a Member is governed by the provisions of Section 3 above.
- No sales agency relationship is created between any Member and AsianNet, our affiliates, directors, officers or employees by virtue of AsianNet's display of any of the Member 's information on AsianNet Sites.
- Each User hereby represents, warrants and agrees to (a) provide AsianNet with true, accurate, current and complete information to be displayed on the Site 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, sublicensable (through multiple tiers) license to AsianNet 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.
- Each Member hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on AsianNet Sites or provides to AsianNet or authorizes AsianNet to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on AsianNet Sites, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on AsianNet Sites, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on AsianNet Sites or provides to AsianNet or authorizes AsianNet to display does not, and that the products represented thereby do not, violate any Third Party Rights.
- Each Member hereby represents, warrants and agrees that information submitted to AsianNet for display on AsianNet Sites shall not:
- 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;
- be part of a scheme to defraud other Users of AsianNet Sites or for any other unlawful purpose;
- relate to sale of products or services that 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 or privacy, or any other Third Party Rights;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be 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;
- contain political propaganda or extreme political views or opinions
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 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;
- solicit business from any Users in connection with a commercial activity that competes with AsianNet;
- contain 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;
- otherwise create any liability for AsianNet or its affiliates.
- AsianNet reserves the right in its sole discretion to remove any material displayed on AsianNet Sites which it reasonably believes is unlawful, could subject AsianNet to liability, violates this Agreement or is otherwise found inappropriate in AsianNet's opinion. AsianNet 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 AsianNet shall not be liable for damages or results thereof and User agrees not to bring any action or claim against AsianNet for such disclosure.
- Trade Inquiry Exchanges between Buyers and Suppliers
- Through AsianNet Sites, AsianNet provides a web-based platform for exchanging information between buyers and suppliers of products and services. AsianNet does not represent the sellers nor the buyers. As a result, AsianNet does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on AsianNet Sites or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
- Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Because user verification on the Internet is difficult, AsianNet cannot and does not confirm each User's purported identity (including, without limitation, Members and Gold Members).
- Limitation of Liability
- THE FEATURES AND SERVICES ON THE ASIANNET SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ASIANNET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
- ASIANNET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. ASIANNET DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND ASIANNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE ASIANNET SITES.
- Any material downloaded or otherwise obtained through AsianNet Sites 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 AsianNet or through or from AsianNet Sites shall create any warranty not expressly stated herein.
- Under no circumstances shall AsianNet be held liable for an delay or failure or disruption of the content or services delivered through AsianNet Sites resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control.
- Each User hereby agrees to indemnify and save AsianNet, 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 AsianNet Sites (including but not limited to the display of such User's information on AsianNet Sites) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save AsianNet, 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 AsianNet. Each User hereby further agrees to indemnify and save AsianNet, 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 AsianNet 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. AsianNet 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 AsianNet in asserting any available defenses.
- Intellectual Property Rights
- AsianNet is the sole owner or lawful licensee of all the rights to AsianNet Sites and the AsianNet Content. AsianNet Sites and AsianNet Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in AsianNet Sites and AsianNet Content shall remain with AsianNet, its affiliates or licensors of the AsianNet Content, as the case may be. All rights not otherwise claimed under this Agreement or by AsianNet are hereby reserved.
- "ASIANNET", "ASIANNET" and related icons and logos are registered trademarks or trademarks or service marks of AsianNet Inc. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.