1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site.
1.3 Cementchina 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. This Agreement was last amended on March 10, 2005. Posting by Cementchina 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 Cementchina.
Premium Services2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, Cementchina reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 Cementchina reserves the right to deny Premium Services to any User for whatever reason in order to protect Cementchina's interests.
Users Generally.3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through the Site (the "Cementchina Content") for the purpose of re-selling or re-distributing the Cementchina Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Cementchina, or otherwise commercially exploiting the Cementchina Content. Systematic retrieval of Cementchina Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Cementchina is prohibited.
3.2 Any Third Party Content is the sole responsibility of the party who provided the content. Cementchina 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.
3.3 Cementchina may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Cementchina has no control over such third party's web site, does not monitor such sites, and Cementchina shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.4 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 5.5 below.
3.5 Cementchina reserves the right to limit, deny or create different access to the Site 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 the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Cementchina be liable to the User or any third parties for any inability to use the Site (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 the Site or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Cementchina and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
Registered Users 4.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Cementchina (a "Registered User"). Cementchina will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
4.2 By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize Cementchina to share such information with other Users.
4.3 Cementchina may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Cementchina's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Cementchina has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Cementchina believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Cementchina's other Users, or Cementchina or its affiliates. (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) be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(f) 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;
(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) solicit business from any Users in connection with a commercial activity that competes with Cementchina;
(j) 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;
(k) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
(l) otherwise create any liability for Cementchina or its affiliates.
5.1Cementchina reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Cementchina to liability, violates this Agreement or is otherwise found inappropriate in Cementchina's opinion. Cementchina 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, Cementchina 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 Cementchina shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Cementchina for such disclosure. In connection with any of the foregoing, Cementchina may suspend or terminate the Account of any User as Cementchina deems appropriate in its sole discretion. Use r agrees that Cementchina shall have no liability to User, including no liability for consequential or any other damages, in the event Cementchina takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Cementchina may take such actions.
6.1 Any material downloaded or otherwise obtained through the Site 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 Cementchina or through or from the Site shall create any warranty not expressly stated herein.
6.2 Under no circumstances shall Cementchina be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.3 Cementchina shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Site; (b) any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
(d) statements or conduct of any User of the Site; or
(e) any matters relating to Premium Services however arising, including negligence.
Intellectual Property Rights 8.1 Cementchina is the sole owner or lawful licensee of all the rights to the Site and the Cementchina Content. The Site and Cementchina Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Cementchina Content shall remain with Cementchina, its affiliates or licensors of the Cementchina Content, as the case may be. All rights not otherwise claimed under this Agreement or by Cementchina are hereby reserved.
7. "CEMENTCHINA", "CEMENTCHINA.net," and related icons and logos are registered trademarks or trademarks or service marks of Cementchina.net Corporation 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.
8. Cementchina's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Cementchina's right to act with respect with subsequent or similar breaches.