Windosi.com Terms
of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY!
This
Terms of Use Agreement (the "Agreement")
describes the terms and conditions applicable
to your use of the Windosi.com web Site
which is identified by the uniform resource
locator www.windosi.com (the "Site").
This Agreement is entered into between
you as the User of the Site (the "User")
and Sinosi Sci-tech Beijing Co,Ltd.
1.
Copyright statement
Content on this website is the property of Sinosi Sci-tech Beijing Co,Ltd, and
protected by copyright and other restrictions as well. Copyrights and other
proprietary rights in the content on this website are owned by Sinosi Sci-tech
Beijing Co,Ltd. Reproduction in part or in whole without permission is
expressly prohibited.
2.
Application of and Acceptance of Terms and
Conditions
Each time you use or cause access to this web Site, you agree to be bound by
these Terms of Use, and as amended from time to time with or without notice to
you. In addition, if you are using a particular service on or through this web
Site, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these Terms of Use.
Windosi.com may amend 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.
Posting by Windosi.com of the amended and restated Agreement and your continued
use of the Site shall be deemed to be acceptance of the amended terms. This
Agreement may not otherwise be modified, except in writing by an authorized
officer of Windosi.com
3.
Who can use Windosi.com?
Our services are provided to individuals or companies who can form legally
binding contracts under applicable law. The Users should be at least 18 years
old. If you do not qualify, please do not use the service. We are obligated to
advise you that any User, during accessing our Site(s), must behave under
related law. But we are not responsible for the possible consequence caused by
your behavior during using process of My Windosi and / or Windosi.com. My
Windosi and Windosi.com may, in its sole discretion, refuse the service to
anyone at any time. Windosi reserves the right to deny services to the Users
whose use qualifications are discontinued temporarily or permanently.
4.
Charges and fees; paid services
Registering Member and using the basic service are free. We reserve the right
to modify the charging clause and we will notify you of the changed clause
immediately. Please note that you are responsible for paying all applicable
taxes and duties and for all hardware, software, service and other costs you
incur to trade or access our servers. We reserve the right to change or
discontinue, temporarily or permanently, some or all of the service at any time
without notice.
5.
Windosi.com is only a commerce platform
Through the Site, Windosi.com provides an electronic web-based platform for
exchanging information between buyers and suppliers of products and services.
The content provided is for information purposes alone and does not substitute
for specific advice whether investment, legal, taxation or otherwise.
Windosi.com disclaims all liability for damages caused by use of content on the
Site. Windosi.com exercise no control over the content of the information
passing through the Site. Windosi.com make no warranties of any kind whether
expressed or implied, for the quality of data transfer and network downtime.
Windosi.com will not be responsible for any damages from communication circuit
failure, hard disk failure including loss of data resulting from delays,
non-deliveries, mis-deliveries, or service interruption caused by User's and
third party's negligence, error or omissions
6.
Your info and trade leads
As a Registered User, your registration information, publishing Information and
payment Information (if any) can be viewed and edited through your Account
which is protected by Password. We recommend that you do not divulge your
Password to anyone. All of your publishing information will be publicly
available on the Site and therefore accessible by any Internet user. Any
publishing information that you disclose to Windosi.com becomes public
information and you relinquish any proprietary rights (including but not
limited to the rights of confidentiality and copyrights) in such information.
You should exercise caution when deciding to include personal or proprietary
information in the Publishing Information that you submit to us. You
acknowledge that in no circumstances shall Windosi.com be liable for deciding
and protecting which information should be protected. We reserve the right to
disclose your collected Information to relevant authorities where we have
reason to believe that such disclosure is necessary to identify, contact or
bring legal action against someone who may be infringing or threatening to
infringe, or who may otherwise be causing injury to or interference with, the
title, rights, interests or property of Windosi.com, our Users, customers,
partners, other web site users or anyone else who could be harmed by such
activities.
7.
Your registration obligation
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the People's Republic of China or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Information") and (b) maintain
and promptly update the registration information to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Windosi.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Windosi.com has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof). If the
Registered User is a business entity, you represent that you have the authority
to bind the entity to this Agreement
8.
Member account, password and security
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Windosi.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Windosi.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 8.
9.
Acceptable use
You agree not to trade on things that (a ) are prohibited by any laws,
regulations, and rules, or (b) are listed in the prohibited items by our site.
These items are renewed at any time. Without express permission by Windosi.com,
no user shall use the Service for any commercial purpose, to distribute any
advertising or solicitation of funds or goods and services, and post
information about other similar profit making web sites, magazines, or other
information carriers.
10. Content submitted
or made available for inclusion on the service
Windosi.com does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant Windosi.com the following worldwide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion on
publicly accessible areas of Windosi.com Group, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
Windosi Groups to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or Windosi.com
removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than Windosi
Groups, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Windosi.com removes such
Content from the Service.
With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than Windosi Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
11.
Alert to the info
You acknowledge that the use of the data contained in this Site requires
judgment and analysis, and you warrant and represent to Windosi.com that it has
the necessary expertise and judgment to use the data.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, Messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and Windosi.com
, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Windosi.com does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Windosi.com be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
12.
When trade disputes occur
We will not interfere or become involved in any transactions between Members.
All transactions will be the responsibility of the Members only. You are solely
responsible for your interactions with other Members of the Service.
Windosi.com reserves the right, but has no obligation, to monitor disputes
between you and other Members.
13. Member conduct
You agree not to use the Service to 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; disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other Users of the Service are able to type, or otherwise
act in a manner that negatively affects other Users' ability to engage in real
time exchanges; you should not divulge your password to or share with a third
party in case his or her unauthorized access.
14. Termination
Use of the Products and Services is subject to compliance with these Terms and
Conditions. You acknowledge and agree that Windosi.com may terminate your
access to Windosi.com or to any of the Products and Services should you fail to
comply with the Terms and Conditions. Any such termination shall be in
Windosi.com's sole discretion and may occur without prior notice, or any
notice. Windosi.com further reserves the right to terminate any User's access
to Windosi.com or to any of the Products and Services for any conduct that
Windosi.com, in its sole discretion, believes is or may be directly or
indirectly harmful to other Users, to Windosi.com or its subsidiaries,
affiliates, or business contractors, or to other third parties, or for any
conduct that violates any local, or foreign laws or regulations. Under no
circumstances shall Windosi.com be held liable to reserve your terminated
account and related information, or transmit them to you or a third party.
Users are solely responsible for the losses or disputes with any third parties
arising from the terminations by Windosi.com
15. Limitation of liability
You expressly understand and agree that Windosi.com shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if Windosi.com has been advised of
the possibility of such damages), resulting from: (i) the use or the inability
to use the service; (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased or
obtained or Messages received or transactions entered into through or from the
service; (iii) unauthorized access to or alteration of your transmissions or
data; (iv) statements or conduct of any third party on the service; or (v) any
other matter relating to the service.
16.
Indemnify
You agree to indemnify and hold Windosi.com , and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the this Terms of Use, or your violation of any
rights of another.
17. Obeying the laws
and regulations
You agree that this Terms of Use and any dispute arising out of your use of
this web Site or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this web Site
is located, without regard to its conflict of law provisions. By registering or
using this web Site and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the headquarters of the
owner of this web Site is located.
18.
This agreement doesn't form any cooperationship
Windosi.com and the User are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement
19. Web links on Windosi.com
Our Site(s) may contain links to other web Sites. Since we
provide those Sites as a convenience to our Users and do not control them, we
will not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on such third party Sites.
20.
Force majeure
Windosi.com will not be liable for any unavailability of the Service where it
is caused by circumstances outside our reasonable control, for example,
technical or communications breakdown, industrial action or power failure.
Windosi.com will notify User of these circumstances as soon as reasonably
practical
21. Transfer
You acknowledge that the transfer of this agreement may proceed without prior
notice.
22. Jurisdiction
With the prior agreement of Windosi.com , any claim, dispute or controversy
arising out of, relating to or concerning this Site and/or this agreement shall
be decided by binding arbitration in accordance with the Rules of the Chinese
Arbitration Association and any such arbitration proceedings shall be brought
and held in Beijing, China. The decisions of the arbitrators shall be binding
and conclusive upon all parties involved and judgment upon any award of the
arbitrators may be entered by any court having competent jurisdiction. This
provision shall be specifically enforceable in any court of competent
jurisdiction. Further, you agree that any such arbitration shall be settled on
an individual basis, and unless the parties agree otherwise in writing shall
not be consolidated in any arbitration or suit with any claim or controversy of
another party. You agree that all arbitration proceedings will be conducted at
Beijing, China. You further agree that User or Windosi.com may seek any interim
or preliminary equitable relief from a court of competent jurisdiction in
Beijing, China necessary to protect the rights or property of User or
Windosi.com pending the completion of arbitration
The terms and conditions of this agreement are provided by Windosi.com .
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