Welcome to use Canton Fair E-commerce Platform (including but not limited to the website (e-cantonfair.com), sourcing egg, mobile terminal or application for mobile, hereinafter collectively referred to as “E-Cantonfair Platform”). E-Cantonfair Platform is constructed and operated by Guangzhou Canton Fair E-commerce Co., Ltd (hereinafter referred to as “E-Cantonfair”, “we” or “our”) under the following terms and conditions. The User Agreement(hereinafter referred to as “Agreement”) is a binding agreement between user (hereinafter referred to as “user”, “you” or “your”) and E-Cantonfair, applicable to your visit and use of any services, functions, products and software (hereinafter collectively referred to as “Services”) of E-Cantonfair Platform.
1. Acceptance of Terms
1.1 This Agreement marks the terms closely related to your interest by the boldface. Please pay special attention to these terms. By using E-Cantonfair Platform, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.
1.2 We provide you with various kinds of Services and you have to obey other terms under certain circumstances. While enjoying the service provided by E-Cantonfair, you shall accept applicable standards, terms and agreements (hereinafter collectively referred to as “Other Terms”); Other Terms are indispensable parts of this Agreement and contain the same legal effect with this Agreement. When you accept all terms of this Agreement and enjoy the Services provided by E-Cantonfair, you are deemed to be bound by this Agreement and Other Tterms.
1.3 You agree that, E-Cantonfair is entitled to change and update this Agreement and Other Terms from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted or released on E-Cantonfair Platform. Your continuous use of our Services after the change signifies that you have read, understood and accepted the changed Agreement and Other Terms. If you disagree with the changed Agreement or Other Terms, please stop use our Services.
1.4 Unless explicitly stated otherwise, any further upgrade, modification, addition or change to our Services, or any new function shall be subject to this Agreement. You may stop using our Services if you disagree.
2.1 E-Cantonfair provides Services to individuals, corporations and other organizations who can form legally binding contracts under applicable law. If you do not qualify, please do not use our Services.
2.2 E-Cantonfair is obligated to advise you that any user, during accessing or using E-Cantonfair Platform, must behave in accordance with applicable law. E-Cantonfair is not responsible for the possible consequence caused by your behavior during use of E-Cantonfair Platform.
2.3 E-Cantonfair may, in its sole discretion, refuse to provide any Service to anyone at any time without prior notice to you. The Servicesare not available to temporarily or indefinitely suspended members of E-Cantonfair.
3. Rules of Registration
3.1 In registeringas a memberof E-Cantonfair, including but not limited to,through online registration, online or offline activation and offline application (hereinafter collectively referred to as “registration” or “register”), you hereby agree to:
(a) provide true, accurate, current, complete, legal and valid information about yourself (such as identification, contact details, email and etc. such information being the “Registration Information”) in accordance with the request of E-Cantonfair, or as part of your continued use of our Services; and
(b)maintain and promptly update the Registration Informationto keep it true, accurate, current, complete, legal and valid.
3.2 If you represent other individual, corporation and organization registered at E-Cantonfair Platform, you promise that you have the authority to bind these entities to this Agreement.
3.3 If you provide any information that is untrue, inaccurate, not current, incomplete, illegal or invalid, or E-Cantonfair has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, illegal or invalid, E-Cantonfair reserves the rights at its sole discretion to reject, suspend or terminate your application for registration, and refuse your use of ourServices,at present or in the future, in any form.
4. Rules of Use
(1) General Rules
4.1 When using E-Cantonfair Platform, you shall obey national laws, rules, regulations and systems, as well as relevant agreements, regulations, rules, procedures and customs of E-Cantonfair, and shall not conduct any illegal activity through E-Cantonfair Platform.
4.2 By becoming a registered member of E-Cantonfair, you could, at any time, access to your own account by your Member ID and Password. You are sole responsible for maintain the confidentiality of your Member ID and Password, and restrict visiting or using your computer by any third party. Moreover, you shall ensure that you properly exit E-Cantonfair Platformat the end of each session.
4.3 You are fully responsible for all activities that occur under your account. You agree to immediately notify E-Cantonfair of any unauthorized use of your account or any other breach of its security. E-Cantonfair cannot and will not be liable for any loss or damage arising from your failure to comply with these rules.
4.4 E-Cantonfair Platform prohibits any sale or authorized use of the member account without the consent of E-Cantonfair. If you discover that anybody accesses to your account without authorization, please inform E-Cantonfair immediately and we will take relevant proper measures. However, please acknowledge the fact that it takes a reasonable period from accepting your report and taking measures. We are exempted from any liability for any existing result or relevant loss before such measures are taken.
4.5 With the development of our business, E-Cantonfair is entitled to upgrade, modification, optimize or change our Services, or discontinue any or all Services (temporarily or permanently),without any prior notice to you.
4.6 E-Cantonfair will send any notice or service information to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by E-Cantonfair, the new email address will be prevail) or release such notice or information on E-Cantonfair Platform. You agree that the way we provide to you the agreement, notice and other information complies with the applicable law and regulations. If we send you notice or information in this way (where the notice or information arrives at your email system or releases onE-Cantonfair Platform, the service shall be deemed to be take effect), it will be assumed that you have received such information.
4.7 E-Cantonfair is entitle to send all kinds of business information relating to the Services of E-Cantonfair or to the categories you have chosen by the contact way you have provided (including but not limited to email and mobile phone message). You must send a written notice to us if you refuse to continue to receive our business information.
4.8 E-Cantonfair Platform may contain the links to other websites, but E-Cantonfair does not have the duty to review and estimate such websites and resources provided by the third parties.E-Cantonfair does not endorse and is not responsible for the validity of any content, behavior and product from these third parties and their linking websites. You acknowledge that E-Cantonfair Platform or E-Cantonfair is not liable, or responsible, directly or indirectly, for any dispute, damage or loss caused by any service or product from the linking website provided by the third parties.
4.9 E-Cantonfair cannot or does not try to control the information or materials released by other users through E-Cantonfair Platform. In essence, such information or materials of other users may be disgusting, hazardous or inaccurate, and may contain any faulty or cheating instruction under some circumstances. We would like you to be prudent and realize the existence of the online trading risk when using E-Cantonfair Platform.
(2) Provision and Publication of Information
4.10 Where you are applying for membership, seeking for trade opportunity, trading or using the services provided by the third party, you may provide, post, send, publish or submit (also referred to as “provide”) information (such as file, photograph, video or other image about person and/or entity, products, services, offers, etc. hereinafter referred to as “Your Information” collectively) through E-Cantonfair Platform, email or offline service. You are solely and legally responsible for (and that E-Cantonfair has no responsibility to you or to any third party) the authenticity, accuracy, timeliness, completeness, legality, effectiveness and non-infringement of the information that you create, display, transmit or provide while using our Services and for the consequences of your actions (including any loss or damage which E-Cantonfair may suffer) by doing so. Furthermore, you shall ensure that you have all the legal rights and power (including but not limited to intellectual property right)to Your Information you have provided to E-Cantonfair Platform, E-Cantonfair, other users or the third party. E-Cantonfair has no obligation to review whether Your Information infringes the rights of any third party.
4.11 Each member acknowledges and warrants that Your Information provided to E-Cantonfair shall not:
(a) be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(b) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) be obscene, contain or infer any pornography, sex-related merchandising, any other content, otherwise promotes explicit sexual materials or is otherwise harmful to people;
(d) infringe or otherwise abet, encourage the infringement, be in violation of any third party’s copyright, paten, trademark, trade secrets or other proprietary right, right of publicity or privacy, or any other third party right; or
(e) berestricted or prohibited by law and regulation.
4.12 E-Cantonfair may review or delete any information submitted by the user. If E-Cantonfair recognizes that Your Information is prohibited information, or the information may make E-Cantonfair assume any legal or moral liability or make E-Cantonfair lose (all or part of) the service of Internet service supplier or other suppliers, or you fail to login or login again the platform within the period required by E-Cantonfair, E-Cantonfair may take any necessary or proper measure against Your Information at its full discretion, including but not limited to deleting such information. In this circumstance, if you require terminating the membership service, we will not refund you any paid membership fees or other service expenses.
Although E-Cantonfair possesses the final confirmation right over the information released by the user, you shall acknowledge that E-Cantonfair is unable to guarantee the authenticity, accuracy, integrity, effectiveness and validity of the information, and is exempted from any legal responsibility thereof.
4.13 If any information (including but not limited to the text and graph of such information) provided to or released by the user through E-Cantonfair is illegal or infringes the interest of any thirdparty, the user shall independently assume the legal liability thereof. If any judicial authority determines that E-Cantonfair shall assume the liability, the user shall compensate all losses (including but not limited to penalty, compensation, legal fees, lawsuit expense, etc.) to E-Cantonfair.
(3) Authorized Use of Information
4.14 As for Your Information, you shall agree to grant E-Cantonfair Platform and E-Cantonfair with the free, permanent, irrevocable, exclusive and complete licensing and relicensing right in the whole world to use, duplicate, modify, revise, publish, translate, create the derivative works, spread, perform and display (all or part of) its content, and/or compose its content into any other form of works, media or technology, no matter existing or developed in the future. Meanwhile, you shall agree that E-Cantonfair Platform or E-Cantonfair is exempted from any legal liability resulted from YourInformation while the substantial content of Your Information is not changed.
4.15 You shall agree to irrevocably authorize E-Cantonfair Platform and E-Cantonfair to release your promoting information about your company and product on the platform, magazine or special magazine (including but not limited to existing or developed in the future), and agree that E-Cantonfair Platform or E-Cantonfairis exempted from any legal liability resulted from YourInformation while the substantial content of Your Information is not changed.
4.16 For the purpose of establishing of credit rating system, you agree to irrevocably authorize E-Cantonfair to inquire and obtain your relevant data (including but not limited to deposit account information, balance account information, loan account information, total credit line, loan data, breach record, insured amount, settlement situation, credit report, etc.) from the thirdparty institution (including but not limited to bank, insurance company, industrial association and governmental department). You also agree not to pursue the third party institution any legal liability for provision of your data. If you disagree with above-mentioned authority, you shall inform us in written. If you fail to inform us in written but continue to enjoy the Services, it shall be deemed that you agree with the above-mentioned authorization.
4.17 For the purpose of reflection and quantization of your credit in each link during foreign trading, you agree to irrevocably authorize E-Cantonfair to establish your credit rating or credit report based on your information provided by you directly or by the third party institution, and to publish or release it to the relevant entities. If you disagree with above-mentioned authority or any content of the credit rating or credit report, you shall inform us in written. If you fail to inform us in written but continue to enjoy the Services, it shall be deemed that you agree with the above-mentioned authorization.
4.19 E-Cantonfair Platform only provides user with e-commerce platform for seeking trade target, negotiation, transaction or obtaining various information or service related to trade. E-Cantonfair is unable to control the trade or the quality, safety and validity of the Product, or the authenticity or accuracy of the trade information, or the capability of trading parties to perform obligations in the trade agreement. E-Cantonfair is unable and does not control whether trading parties perform the agreed obligation. When using the E-CantonfairPlatform, you shall recognize the existence of the trading risk.
4.20 You shall ensure that any product (referring to any specific product, or certain right or interest, or certain bill or securities, or certain service or behavior that can be legally traded, tangible or intangible, and exist in various forms, hereinafter collectively referred to as “Product” or “Products”) you trade on the E-Cantonfair Platform does not belong to the followings. Once any of the following circumstance is discovered, E-Cantonfair may suspend, restrict, or terminate the Service for you (charged membership fees or other service expenses will not be refuned). Such circumstances include:
(1) The Product contains no fraudulence and is irrelevant to forgery or theft;
(2) The Product does not infringe the ownership, copyright, patent, trademark, trade secret or other intellectual property right, privacy right or reputation right of any third party on the Product;
(3) The Product does not violate any law, rule, regulation or specification (including but not limited to any law, rule, regulation or specification about normalizing the export management, trade quota, consumer protection, unfair competition or false advertisement);
(4) The Product contains no slander (including commercial slander), illegal threatening or illegal harassment;
(5) The Product contains no erotic or vulgar content;
(6) The Product contains no virus, disguised damaging program, worm, timing routine bomb or any other computer program that may intentionally damage, maliciously interfere or confidentially intercept or invade any system, data or personal data;
(7) The Product does not directly or indirectly connect with following items or contain the description of following items: (i) prohibited by this Agreement; or (ii) you are unauthorized to connect or contain with;
(8) The Product that is recognized by E-Cantonfair Platform or E-Cantonfair that shall be prohibited or unsuitable for the trade on E-CantonfairPlatform.
Although E-Cantonfair possesses such rights, you shall confirm that E-Cantonfair Platform or E-Cantonfair is not obliged to inspect whether any product infringes the right of any third party. Besides, E-Cantonfair is exempted from any form of liability if above-mentioned behavior of the user results in any claim or complaint to the user and/or E-Cantonfair from the third party. If any judicial authority determines that E-Cantonfair shall assume the liability, the user shall compensate all losses (including but not limited to penalty, compensation, legal fee, lawsuit expense, etc.) to E-Cantonfair.
4.21 The users may negotiate with each other to reach the trade agreement on the E-Cantonfair Platform or receive the Service provided by the third party service provider. The user shall honestly perform the trade obligation towards other users or the third party service provider.
4.22 You shall agree not to use or assist with any partner (customer or third party) with the intention of deception or cheating, to control the result of the commercial negotiation with another trading party.
4.23 You shall agree to not interfere with or try to interfere with the normal operation or any trade on E-Cantonfair Platform by any device, software or regular program. You agree not to take any action to impose any unreasonable or disproportional load on our platform.
4.24 When the member of E-Cantonfair is choosing the suite service, service from the third party service provider or other paid services, E-Cantonfair will charge certain service expenses, whose specific standard is subject to the instruction released on E-Cantonfair Platform. E-Cantonfair reserves the right to modify the expense terms, which, once modified, will be immediately released on E-Cantonfair Platform.The expense terms will take effect upon the time when the changed terms release. E-Cantonfair is exempted from any expense of software, hardware, tax, communication or network service, or any other expense that you shall pay for the Services.
4.25 As for the paid member or paid service, only when the user has paid relevant expenses and such expenses have been transferred to the bank account appointed by E-Cantonfair will E-Cantonfairstart providing relevant Services to the user. The payment of user through the agent of E-Cantonfair or any other third party to any other account or the account of the agent or affiliate of E-Cantonfair will not be deemed as the payment, and E-Cantonfair assumes no liability for any result or loss resulted from such behavior of the user.
4.26 Once the payment to any third party service provider is involved, you shall agree to irrevocably authorize E-Cantonfair Platform or E-Cantonfair to collect and pay any payable amount to the third party service provider for you by charging certain commission.
4.27 As for the member paid for the suite service, once the period of service expires, E-Cantonfair will automatically terminate all Services provided to this member on E-Cantonfair Platform. E-Cantonfair is exempt from any loss and damage thereof. Thus if you would like to continue using our Services, in order to avoid aforesaid situation, please contact us for renewal before the expiration of the period of service.
(7) Dispute Resolution
4.28 E-Cantonfairis exempted fromany legal relationship or legal dispute between users, or between user andthe thirdparty service provider, and will not or cannot participate or get involved in the transaction between the trading parties. In the event that any user has a dispute with any party to a transaction or with the third party service provider, such user agrees to release and indemnify E-Cantonfair (and our agents, branches, subsidiaries and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including but not limited to any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
4.29 Once you notice any infringement or breach of your legal rights when using of our Service, you agree to immediately notify E-Cantoonfairof or make a complaint to E-Cantonfairabout such infringement, and provide necessary evidence. You are liable for the authenticity and legitimacy of your deed.
4.30 User acknowledges and agrees that E-Cantonfair has the right (but not the obligation) to accept and deal with the complaint, dissension or dispute with your authorization, and send you an email to ask for necessary information. You have to provide materials which could be used as a deterrent against the complaint, dissension or dispute at a specified time when you receive the notice sent by email or any other means from E-Cantonfair, otherwise E-Cantonfair would handle the complaint, dissension or dispute at its sole discretion with independent judgment, where the resolution would be unfavorable to you. If E-Cantonfair approves the user's request for compensation, you shall make the compensation in time. Moreover,E-Cantonfair may impose the limitations on, suspend or terminate your use of Service, refuse you accessing to E-Cantonfair Platform or provide to the right holder with your necessary identification information. E-Cantonfair is not responsible for the consequence (including any loss or damage) thereof.
4.31 Since E-Cantonfair is not a judicial organization, you acknowledge and promise that it is limited ability for E-Cantonfair to make a judgment and/or deal with a complaint, dissension or dispute; and no warrant shall be made that the results would meet your requirements, anticipation or hope. In no event shall E-Cantonfair be liable for the judgment or results. It is E-Cantonfair’s right to decide whether to participate in the handling of your complaint, dissension or dispute.
4.32 If the member is in breach of any law or regulation, or any terms of this Agreement or Other Termsaccording to the legally effective judgments or orders of the people’s court, or E-Cantonfair suspicion at its sole discretion, E-Cantonfair reserves the right to publish the records of such breach on E-Cantonfair Platform, and make other appropriate treatments, including but not limited to termination of the use of our Service (and charged membership fees or other service expenses will not be refunded), or prohibition of the use ofE-Cantonfair Platform permanently.
5.1 Use of Software: E-Cantonfair only licenses you to use the software of E-Cantonfair(hereinafter referred to as “Software”) by using the Service provided by us, and such use shall meet this Agreement and OtherTerms. You shall not merge any part of the used Software with your program or software in any program, or transfer the Software for any other service, or sell, lease, assign, distribute or relicense the Software, or transfer all or part of the right of the Software in any other way. You shall not use the Software for any illegal purpose. E-Cantonfair may suspend providing you with any Software and withdraw your right to use any Software at any time. If you violate this Agreement or OtherTerms, we will automatically withdraw your right to use any Software without any notice. If any relevant document clearly points out that the Software may contain or be attached with any third-party terms, you shall obey such third-party terms when using the Software (including embedded Software). Once such third-party termsare contradicted to this Agreement, the third-party terms shall prevail. All the Software related to the Service is the property of E-Cantonfair or its software supplier and is protected by Chinese and international laws of intellectual property right.
5.2 Use of third-party service: If you use the Software provided by E-Cantonfair Platform, you may enjoy the service provided by one or more third parties simultaneously, such as the wireless network service provider or mobile platform service provider. When using such third-party services, you shall obey the policy, condition and relevant expense regulation of the third party.
5.3 Prohibition of reverse engineering: You shall not encourage, assist or authorize any other to duplicate, modify, conduct reverse engineering, reverse compilation or reverse assembly, tear or try to distort all or part of the Software, or create any derivative Product by the Software.
5.4 Software update: In order to bring the latest version of Software to you, we will provide the automatic update or manual update service of software to you without prior notice.
6.Termination of Service
E-Cantonfair, at its sole discretion, withholds the right to suspend or terminate your use of our service, refuse your accessing to E-Cantonfair Platform (including but not limited to delete Your Information and Products displayed in E-Cantonfair Platform), and not refund the charged membership fees or other service expenses,with or without notice, for any of the following reasons, where you:
(a) provide false information in connection with your member account, or does not update Your information to keep it current and accurate;
(b) utilize E-Cantonfair Platform to spam messages or repeatedly publish the same Product information; and utilize E-Cantonfair Platform for fraudulent or illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of E-Cantonfair or others;
(c) post any information without permitted to members that are not related to international trade or business corporation;
(d) impersonate or unlawfully use another person’s or companies’ name to post information or conduct business in any form;
(e) undertake any scheme to undermine the integrity of the computer or networks used by E-Cantonfair Platform and/or any other users and attempt to gain unauthorized access, use, modification or control of such computer systems or networks;
(f) post or transfer documents or materials that 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;
(g) steal or obtain by any means other member's ID and/or password;
(h) sale or authorized use of the member account of other users without the consent of E-Cantonfair;
(i) conduct any fraudulence or cheating activity through or involving E-Cantonfair Platform;
(j) infringe the ownership, copyright, patent, trademark, trade secret or other intellectual property right, privacy right or reputation right of any third party through or involving E-Cantonfair Platform;
(k) E-Cantonfair has reasonable grounds to suspect that the behavior of the user may make himself, other users, E-Cantonfair, or the third party service provider assume any liability;
(l) may violate any law, rule, regulation or relevant agreements, regulations, rules, procedures and customs of E-Cantonfair.
Where you violate any aforesaid term, E-Cantonfair is entitled to take anynecessary measure mentioned above. And E-Cantonfair takes no liability for the consequence (including any loss or damage) thereof. Moreover, E-Cantonfair reserves the right to pursue your legal responsibilities for your breach of the law or this Agreement.
7.Limitation of Liability
7.1 E-Cantonfair Platform provides the Services “as is”, “as available” and “with all faults”. E-Cantonfair hereby expressly disclaims, to the fullest extent permitted by law, any and all warranties, expressly or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability of fitness for a particular purpose and non-infringement of proprietary rights. All such warranties, representations, conditions and undertakings are hereby excluded.
7.2 E-Cantonfair does not guarantee that E-Cantonfair Platform will be error free or uninterrupted. No warranty as to the results that may be obtained from using E-Cantonfair Platform is made. E-Cantonfair may suspend the Services for maintenance, technical detection or website modification, update or upgrade. You agree and understand that such suspension is normal without breaching this Agreement. You further agree that it is at your sole risk in terms of any damages caused by, including but not limited to, any interruption, delay in operation or transmission, computer virus, communication line failure or unauthorized access.
7.3 User agrees that it is at your own risk to use E-Cantonfair Platform and Services. In no event shall E-Cantonfair, E-Cantonfair Platform, directors, employees, investors,branches, subsidiariesor agents be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of E-Cantonfair Platform, any members’ use or inability to use of Services provided on or through E-Cantonfair Platform, any defect in Products, any violation of any third party’s right, unauthorized access by third party or statement or conduct of any user, even if E-Cantonfair has been advised of the possibility of such damages. If you are dissatisfied with E-Cantonfair Platform, or any portion, you exclusive remedy shall be to cease using E-Cantonfair Platform.
7.4 E-Cantonfair does its best to reduce error, but the information available to you on E-Cantonfair Platform may still contain errors. E-Cantonfair takes no liability for any content searched in the information posted or released on the E-Cantonfair Platform, and makes no representations or warranties about authenticity, accuracy, integrity, effectiveness, validity, reliability or timeliness of any information provided on or through E-Cantonfair Platform. The user has to independently recognize and judge the authenticity of any information obtained from or posted on E-Cantonfair Platform. E-Cantonfair is not liable for any loss or damage including computer system damage or data loss resulting from downloading or quoting data or information from E-Cantonfair.And no liability for any loss or damage resulted from the utilization by the user of any information posted or released on E-Cantonfair Platform or any consequence of decision or action made or taken by the user relying on such information will be assumed by E-Cantonfair, E-Cantonfair Platform, directors, employees, investors, branches, subsidiaries or agents.
7.5 Each user hereby agrees to indemnify and save E-Cantonfair, E-Cantonfair Platform, directors, employees, investors,branches, subsidiariesor agents 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 E-Cantonfair Platform or Services (including but not limited to the display of such user’s information on the Platform), from your breach of any terms and conditions of this Agreement or Other Terms, or any of the applicable law, or from your infringement of any right of the third party.
7.6 Any person in the customer attraction, document processing or communication process as the trustee does not obtain the authorization from E-Cantonfair or E-CantonfairPlatform that E-Cantonfair and E-CantonfairPlatform assume no liability for any speech, negligence, omission or mistake of such person.
8.1 Under no circumstance shall E-Cantonfair be held liable for any delay or failure or disruption of the content or Services providedon or through E-Cantonfair Platform resulting directly or indirectly from Force Majeure, including but not limited to, acts of god, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, fires, flood, storms, explosions, civil disturbances, insurrections, riots, labor disputes, strikes, hacker attack, electrical power failures, Internet failures, computer, telecommunications or any other equipment failures, human error or other obstacles.
9.1 You agree to indemnify and hold E-Cantonfair Platform, E-Cantonfair, itssubsidiaries, branches, directors, employees, investors and agents, harmless from any claim or demand, including reasonable lawyer fees, made by any third party due to or arising out of your use of E-Cantonfair Platform, the violation of applicable law, this Agreement or Other Terms, or the infringement by you of any intellectual property or other right of any third party. E-Cantonfair may freeze or deduct any outstanding payment from your account or any payment paid to the third party service provider. E-Cantonfair platform or E-Cantonfair takes no liability for any loss thereof. If above-mentioned measures are still insufficient to cover the loss, E-Cantonfair Platform, E-Cantonfair and any subsidiary, branch, director, employee, investor and agent may pursue the payment from you.
10.1 The entire contents of E-Cantonfair Platform are copyrighted as a collective work. E-Cantonfair owns the copyright, whether expressly or impliedly, in selection, coordination, arrangement and compilation of such contents, as well as text and photograph created by E-Cantonfair. Without the written permission, any individual and cooperation is prohibited from modifying, publishing, transmitting, participating in transmit, selling, creating derivative works or using the whole or part of the content (including but not limited to company information or Product information)available on E-Cantonfair Platform. E-Cantonfair reserves the right to pursue your legal responsibility for your breach of this Agreement.
10.2 Any graph, mark, page header, button icon, text or service name contained or provided on the E-Cantonfair Platform is the trademark, registered trademark or commercial appearance of E-Cantonfair. Such trademark or commercial appearance shall not be used in any commodity or service unrelated to E-Cantonfair or E-Cantonfair Platform in any way that may confuse the consumer or slander or malign E-Cantonfair or E-Cantonfair Platform. Other trademarks on E-Cantonfair Platform are the respective property of trademark owners that such rights may belong to E-Cantonfair, related to E-Cantonfair or sponsored by E-Cantonfair or its affiliate, and may be irrelative to E-Cantonfair. Without the written permission by us or the owner of the relevant trademark, no content on E-Cantonfair Platform shall be interpreted as implying or licensing in any other way the right to use the trademark displayed on E-Cantonfair Platform.
10.3 Without the authorization by E-Cantonfair or China Foreign Trade Center (Group), no person may use any trademark designed, used or owned by E-Cantonfair or China Foreign Trade Center (Group). Please check theDeclaration of E-Cantonfair Platform for the scope of the trademarks.
10.4 E-Cantonfair owns the intellectual property right and ownership of the system developed or cooperate to develop by E-Cantonfair.
10.5 Any readable material on E-Cantonfair Platform is protected by laws such as Copyright Law of the People’s Republic of China and Trademark Law of the People’s Republic of China. E-Cantonfair respects and protects the intellectual property right of others and prevents any information, photograph or video from being used, released and spread or infringing the right of any other without the expressed consent of the owner of the copyright, trademark right or any other intellectual property right, and the actor shall assume any liability thereof.
11.Governing Law and Jurisdiction
11.1 Constitution, modification, execution and interpretation of this Agreement and dispute settlement in connection hereof shall be governed by the laws of the People’s Republic of China.
11.2 Any disputes arising out of or in connection with your visiting or using E-Cantonfair Platform (and Services)shall be referred to Guangzhou People’s Court for lawsuit.
12.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.