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 2000-2005 SMTinLine.com. 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 SMTinLine.com. and is licensed to SMTinLine for use
and protected by China and international copyright laws. The compilation
of all content on this Site is the exclusive property of SMTinLine
and protected by China and international copyright laws. All software
used on this Site is the property of SMTinLine 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 SMTinLine. All inquiries regarding usage requests
should be directed to webmaster@SMTinLine.com.
LICENSES AND IDEA SUBMISSIONS
SMTinLine 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 SMTinLine 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 SMTinLine indicates
otherwise, you grant SMTinLine 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 SMTinLine 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 SMTinLine 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 SMTinLine for any alleged or actual infringement
of any proprietary right in your Communications to us.
SMTinLine has the right (but not the obligation) to monitor and edit
or remove any activity or content on the Site. SMTinLine takes no responsibility
and assumes no liability for any Communications posted by you or
any third party.
COPYRIGHT COMPLAINTS
SMTinLine 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 SMTinLine'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.
SMTinLine's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:
By Mail:
Aaron Ho
SMTinLine/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
"SMTinLine," the SMTinLine logo and other marks indicated on
the Site are registered trademarks or trademarks of SMTinLine in China
and worldwide. Other SMTinLine graphics, logos, page headers and service
names are trademarks or trade dress of SMTinLine. SMTinLine's trademarks
and trade dress may not be used in connection with any product or
service that is not SMTinLine's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
SMTinLine. 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 SMTinLine 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 SMTinLine official or SMTinLine 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 SMTinLine, 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.
SMTinLine 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. SMTinLine 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 SMTinLine. SMTinLine cannot and does
not screen all Content or Communications provided by users of the
Site or Communication Services. Nevertheless, SMTinLine 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 SMTinLine in its sole discretion determines
to be harmful, offensive, or otherwise in violation of these Terms
of Use or any other SMTinLine policies not expressly set forth here.
SMTinLine 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 SMTinLine
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.
SMTinLine reserves the right at all times to disclose any information
as SMTinLine deems necessary to enforce the foregoing Terms of Use
or any other SMTinLine 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. SMTinLine 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.
SMTinLine 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 SMTinLine, FROM A SMTinLine EMPLOYEE OR AGENT, OR THROUGH
OR FROM THE SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS TERMS OF USE.
SMTinLine 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 SMTinLine 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 SMTinLine 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 SMTinLine 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
SMTinLine acts as the reseller of a third party's products or services,
your relationship is directly with the third party. You agree that
SMTinLine 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 SMTinLine 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. SMTinLine 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 SMTinLine 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 SMTinLine's
intellectual property rights, SMTinLine 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 SMTinLine, 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
SMTinLine 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 SMTinLine 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 SMTinLine 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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