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TERMS OF USE
Please read the following terms and conditions carefully before using
this site ("Site"). By using this Site, you agree to follow
and be bound by the following terms and conditions concerning your use
of the Site ("Terms of Use") and our Privacy Statement. We may
revise the Terms of Use at any time without notice to you. You may not
access or use the Site should you not want to be bound by these Terms
of Use. The Terms of Use may be modified at any time, and any such modification
shall be effective immediately upon posting of the modification. By your
access and use of the Site you agree to periodically review the Terms
of Use and shall be conclusively bound by any such future modifications.
Areas of the Site may have different Terms of Use posted. If there is
a conflict between these Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect to your
use of that area of the Site.
PRIVACY
Please review our Privacy Statement, which also governs your visit to
the Site.
COPYRIGHT
Copyright 2002 Kenthe, Inc. All rights reserved.
All content included on this site, including, but not limited to text,
graphics, audio clips, logos, buttons, images, digital downloads, data
compilations, software, html code, xml code, and icons, is property of
Kenthe, Inc. and is licensed to Kenthe for use and protected by China
and international copyright laws. The compilation of all content on this
Site is the exclusive property of Kenthe and protected by China and international
copyright laws. All software used on this Site is the property of Kenthe
or its software suppliers and protected by China and international copyright
laws. Unless stated otherwise in the Terms of Use applicable to this Site,
use of any material appearing on this Site is prohibited without the prior
written consent of Kenthe. All inquiries regarding usage requests should
be directed to root@kenthe.com.
LICENSES AND IDEA SUBMISSIONS
Kenthe hereby grants you a limited, non-exclusive, non-transferable license
to download, view, copy and print documents and graphics incorporated
in these documents (the "Documents") from the Site subject to
the following conditions: (1) the Documents may be used solely for personal,
informational, and non-commercial purposes; and (2) the Documents may
not be modified or altered in any way. Except to the extent permitted
under copyright law, you may not otherwise use, download, upload, copy,
print, display, perform, post, reproduce, publish, license, transmit or
distribute any information from this Site in whole or in part without
the prior written consent of Kenthe or any third party that provides information
to the Site.
Visitors to the Site may post or transmit reviews, comments, communications,
suggestions, questions, ideas, or other information or content (collectively,
"Communications") subject to the "Prohibited Acts"
described further below.
If you do post or transmit Communications, and unless Kenthe indicates
otherwise, you grant Kenthe and its affiliates a nonexclusive, royalty-free,
worldwide, irrevocable, perpetual, and fully sublicensable right to use,
reproduce, adapt, adopt, modify, translate, publish, distribute, and display
such Communications throughout the world in any media. You also grant
Kenthe and its affiliates and sublicensees the right to use the name that
you submit in connection with such Communications as well as in connection
with any and all advertising, marketing and promotional material related
thereto. You further represent and warrant that you own or otherwise control
all of the rights to the Communications that you post; that the content
of the Communications is accurate; that the content of the Communications
is not scandalous or libelous; that use of the Communications you supply
does not violate these Terms of Use and will not cause injury to any person
or entity. You further agree to indemnify Kenthe and its affiliates and
sublicensees for all claims resulting from the Communications you supply.
You further agree and acknowledge that you shall have no recourse against
Kenthe for any alleged or actual infringement of any proprietary right
in your Communications to us.
Kenthe has the right (but not the obligation) to monitor and edit or
remove any activity or content on the Site. Kenthe takes no responsibility
and assumes no liability for any Communications posted by you or any third
party.
COPYRIGHT COMPLAINTS
Kenthe may, in appropriate circumstances and at its sole discretion, terminate
use of the Site by any visitors who infringe on the intellectual property
rights of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Kenthe's Copyright Agent the following
information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the Site;
- your address, telephone number, and email address;
- a 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;
and
- 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.
Kenthe's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:
By Mail:
Aaron Ho
Kenthe Ltd.
2040 Electronics Plaza
143 Jida Road
Zhuhai, GD 519015, China
By Tel : 86-756-3378319
By Fax: 86-756-3378399
By email: aaronho@ 163.net
TRADEMARKS
"Kenthe," the Kenthe logo and other marks indicated on the Site
are registered trademarks or trademarks of Kenthe in China and worldwide.
Other Kenthe graphics, logos, page headers and service names are trademarks
or trade dress of Kenthe. Kenthe's trademarks and trade dress may not
be used in connection with any product or service that is not Kenthe's,
in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Kenthe. Unless otherwise noted
on the Site, all other trademarks, service marks and logos used in this
Site are the trademarks, service marks or logos of their respective owners.
PASSWORDS AND SECURITY
You are solely responsible for maintaining the secrecy of your passwords
and/or any account information in connection with the Site, and for restricting
access to your computer. You are fully responsible for all activities
that occur under your account or password, and you agree to notify Kenthe
immediately of any unauthorized use of your passwords or accounts.
PROHIBITED ACTS, MONITORING OF CONTENT AND TERMINATION
The Site may contain e-mail services, bulletin board services, chat areas,
news groups, forums, alerts, communities, calendars, file cabinets and/or
other message or communication facilities designed to enable you to communicate
with others (collectively, "Communication Services"). You agree
to use the Site and Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to
the Site or particular Communication Service. By way of example, and not
as a limitation, you agree that when using the Site or Communication Services
you will not:
- upload, post, email, transmit or otherwise make available any content
that is unlawful, abusive, vulgar, harmful, threatening, harassing,
tortious, defamatory, obscene, libelous, invasive of another's privacy,
or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including but not limited to a
Kenthe official or Kenthe managing editor, or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the Site or Communication
Services;
- upload, post, email, transmit or otherwise make available any content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content
that infringes any patent, trademark, trade secret, image or program,
copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, charity requests, petitions for signatures,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site or Communication Services or servers
or networks connected to the Site or Communication Services, or disobey
any requirements, procedures, policies or regulations of networks connected
to the Site or Communication Services;
- intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by China Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without limitation,
and any regulations having the force of law;
- interfere in any way with other users of the Site or Communication
Services;
- post or transmit any message which discloses private or personal
matters concerning any person; and
- post, list or transmit articles which are off topic according to
the description of the group affected (collectively, the "Prohibited
Acts").
You understand that all Communications and all information, data, text,
images, software, icons, music, sound, photographs, graphics, video, messages
or other materials (collectively, "Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such Content or Communications originated. This means that
you, and not Kenthe, are entirely responsible for all Content or Communications
that you upload, forward, post, email, transmit or otherwise make available
via the Site or Communication Services.
Kenthe does not control the Content or Communications posted via the
Site or Communication Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content or Communications. You understand
that by using the Site or Communication Services, you may be exposed to
Content or Communications that are offensive, indecent or objectionable.
Kenthe will not be liable in any way for any Content or Communications,
including, but not limited to, any errors or omissions in any Content
or Communications, or for any loss or damage of any kind incurred as a
result of the use of any Content or Communications posted, emailed, transmitted
or otherwise made available via the Site or Communication Services.
Use of, access to, or participation in any of the Communication Services
are also subject to these Terms of Use. Your participation in on-line
communications occurs in real time and is not edited, censored, or otherwise
controlled by Kenthe. Kenthe cannot and does not screen all Content or
Communications provided by users of the Site or Communication Services.
Nevertheless, Kenthe reserves the right to monitor Content and Communications
on the Site and on the Communication Services, and reserves the right
to edit or remove Content or Communications which Kenthe in its sole discretion
determines to be harmful, offensive, or otherwise in violation of these
Terms of Use or any other Kenthe policies not expressly set forth here.
Kenthe further reserves the right to terminate your access to the Site,
the Communication Services and any accounts you may have in connection
with the Site or Communication Services at any time and, without notice,
for any reason whatsoever. You agree that Kenthe shall not be liable to
you or any third party for any termination of your access to the Site,
the Communication Services or any accounts you may have in connection
with the Site or Communication Services.
Kenthe reserves the right at all times to disclose any information as
Kenthe deems necessary to enforce the foregoing Terms of Use or any other
Kenthe policies, to satisfy any applicable law, regulation, legal process
or governmental request, and to respond to claims that the Site or Communication
Services violate the rights of third parties.
You understand that the technical processing and transmission of the
Content may involve
- transmission over various networks; and
- changes to conform and adapt to technical requirements of connecting
networks or devices.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE OR COMMUNICATION SERVICES IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Kenthe EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Kenthe MAKES NO WARRANTY THAT
- THE SITE OR THE COMMUNICATION SERVICES WILL MEET YOUR REQUIREMENTS;
- THE SITE OR THE COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR COMMUNICATION
SERVICES WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR COMMUNICATION SERVICES
WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS ON THE SITE OR COMMUNICATION SERVICES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE
OR THE COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY
YOU FROM Kenthe, FROM A Kenthe EMPLOYEE OR AGENT, OR THROUGH OR FROM THE
SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS TERMS OF USE.
Kenthe WILL NOT BE LIABLE 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 Kenthe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM:
- THE USE OR THE INABILITY TO USE THE SITE OR COMMUNICATION SERVICES,
- 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
SITE OR COMMUNICATION SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR COMMUNICATION
SERVICES, OR
- ANY OTHER MATTER RELATING TO THE SITE OR COMMUNICATION SERVICES.
LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site and Communication Services provide links to Web sites and access
to content, services, and products from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree that Kenthe
is not responsible for the availability of, and content provided on, third
party Web sites. You should refer to the policies posted by other Web
sites regarding privacy and other topics before you use them. You agree
that Kenthe is not responsible for third party content accessible through
the Site or Communication Services, including opinions, advice, statements
and advertisements, and you understand that you bear all risks associated
with the use of such content. If you choose to purchase any products or
services from a third party, or if you purchase any products or services
where Kenthe acts as the reseller of a third party's products or services,
your relationship is directly with the third party. You agree that Kenthe
is not responsible for: (1) the quality of third party products or services,
and (2) fulfilling any of the terms of your agreement with the seller,
including delivery of products or services and warranty obligations related
to purchased products or services. You agree that Kenthe is not responsible
for any loss or damage of any sort you may incur from dealing with any
third party.
INFORMATION CONCERNING FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts, updates or other information from the Site or Communication
Services concerning companies, stock quotes, investments or securities,
you should take particular care to review the foregoing sections on Disclaimer
of Warranties and Limitation of Liability. Such services are for informational
purposes only, and no such information or Content is intended for trading
or investing purposes. Kenthe will not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted or
made available through the Site or Communication Services, and shall not
be responsible or liable for any trading or investment decisions made
based on such information.
INTERNATIONAL USE
Because of the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable content, including
all laws, rules, codes and regulations of the country in which you reside.
In addition, you agree to comply with all laws regarding the transmission
of technical data exported from China or the country in which you reside.
APPLICABLE LAW
By visiting the Site or using one of the Communication Services, you agree
that the laws of the Commonwealth of Pennsylvania, without regard to principles
of conflict of laws, will govern these Terms of Use and any dispute of
any sort that might arise between you and Kenthe or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to the Site, to products
or services you purchase through the Site, or that relate in any way to
use of one of the Communication Services, shall be submitted to confidential
arbitration in court, except that, to the extent you have in any manner
violated or threatened to violate Kenthe's intellectual property rights,
Kenthe may seek injunctive relief or other appropriate relief in any court
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing
of the China Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration pursuant
to these Terms of Use shall be joined to an arbitration involving any
other party subject to the Terms of Use, whether through class arbitration
proceedings or otherwise.
INDEMNITY
You agree to defend, indemnify and hold harmless Kenthe, its officers,
directors, employees and agents from and against any and all claims, liabilities,
damages, losses or expenses, including attorney's fees and costs, arising
out of or in any way connected with your access to or use of the Site
or Communication Services.
NOTE ABOUT CHILDREN
Minors are not eligible to use the Site or Communication Services, and
we ask that they do not submit any personal information to us.
CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY
Kenthe reserves the right to make changes to the Site and Communication
Services (including permanent or temporary discontinuance of the Site
or Communication Services), its policies, and these Terms of Use at any
time. You agree that Kenthe shall not be liable to you or any third party
for any such change, amendment, modification, suspension or discontinuance.
Any and all portions of the Terms of Use shall automatically apply to
all improvements, modifications, changes and/or amendments as they appear
on the Site or Communication Services. If any of these Terms of Use shall
be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition. The failure of Kenthe to exercise or enforce
any right or provision of the Terms of Use shall not constitute a waiver
of such right or provision.
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