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Welcome to ACCONI COJOY
NETWORK TECHNOLOGY LTD COMPANY's Terms of Service Agreement
("Agreement"). This Agreement describes the terms and
conditions applicable to your use of the CEPI.com web
site, which features tools for trading and communicating
in a global business to business e-market (the "Service").
1. Acceptance Of Terms.
WELCOME TO CEPI'S ONLINE SERVICE (the "SERVICE"). The
following describes the terms and conditions between
you and ACCONI COJOY NETWORK TECHNOLOGY LTD. ("CEPI")
under which CEPI offers you access to the Service. Use
of the Service indicates that you accept the terms and
conditions set forth below. If you do not accept all
of the terms and conditions, please do not use the Service.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I HAVE READ & ACCEPT THE TERMS OF THE CEPI
TERMS OF SERVICE AGREEMENT" AND THE "SUBMIT" BUTTONS,
YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE
TERMS AND CONDITIONS AND CEPI'S PRIVACY POLICY.
CEPI may amend these terms and conditions at any time
by posting the amended terms on this website. The amended
terms shall automatically be effective immediately upon
posting. These terms and conditions were last amended
on December 10, 2001. Delivery by CEPI of the amended
terms and conditions and your continued use of the Service
shall be deemed to be acceptance of the amended terms.
These terms and conditions may not otherwise be modified,
except in writing by an authorized officer of CEPI.
In these terms and conditions, all users of the Service
shall be referred to as the "User".
2.The Service.
The Service is offered only to business or corporate
entities (e.g. corporation, limited liability company,
partnership, sole proprietorship etc.).
The User will select a User ID and Password to access
the Service. The User shall be solely responsible for
maintaining the confidentiality of the User's User ID
and Password and for all activities that occur under
the User's User ID and Password. The User hereby undertakes
to notify CEPI immediately of any unauthorized use of
the User's User ID and Password or any other breach
of security. The User hereby agrees and confirms that
CEPI shall not be liable for any loss or damages arising
from the User's failure to comply with this paragraph.
CEPI may assign a web-based email account with limited
storage space for the User to send or receive email
through the Service (the "Email Account"). The User
shall be responsible for all users and the content of
all the messages communicated through the Email Account,
as well as the consequences of any such message.
CEPI may allow Users access to products and services
offered by third party websites through hyperlinks or
"co-branded" sites accessible through the CEPI website.
The User acknowledges that CEPI has no control over
such third party's website and CEPI shall not be responsible
or liable to anyone for the availability of such website,
or any goods, product or service made available on such
website, and does not endorse and is not responsible
or liable for any content, advertising, product or other
material on or available from such third party website.
The User further acknowledges and agrees that CEPI shall
not be responsible or liable, directly or indirectly,
for any loss, claims, damages or actions arising from
or caused or alleged to be caused by or in connection
with the use of or reliance on any information or content
available on or through such third party website or
any underlying transaction between the User and any
such third party.
CEPI reserves the right to limit, deny or create different
priorities to different users or to change the Service
and/or all of its features and/or to change, upgrade,
modify, alter, limit or terminate the Service at any
time temporarily or permanently without prior notice
and for any or no reason at its sole discretion. CEPI
further reserves the right to introduce new features,
functionalities and/or applications to the Service or
to future versions of the Service. All new features,
functionalities, applications, modifications, upgrades
and alterations shall be governed by these terms and
conditions, unless otherwise stated by CEPI.
The User agrees to the effect that such action may have
on his ability to use the Service hereby agree that
in no event shall CEPI be liable to the User or any
third parties for any inability to use the Service,
any delays, inaccuracies, errors or omissions with respect
to any communications or transmission or delivery of
all or any part thereof, or any damage arising therefrom
or occasioned thereby or for the results obtained from
the User's use of the Service.
The User agrees not to reverse engineers, decompile,
disassemble, alter, duplicate, make copies, create derivative
works from, distribute or provide others with the Service,
its communication protocol or any information available
on, derived or extracted in relation to the Service
other than as allowed under these terms and conditions.
3. Acceptable Use Policy
This Service is intended for personal use. The User
may only use this Service to make legitimate requests
to purchase or offers to sell the products or services
offered (each, a "Request" or an "Offer" as the case
may be) and shall not use the Service to make any speculative,
false or fraudulent Requests or Offers, whether or not
in anticipation of demand.
The User represents that the User has sufficient authority
and is of sufficient legal capacity to create binding
legal obligations for any liability the User may incur
as a result of the User's use of the Service.
The User is solely responsible for all information provided
to CEPI or others during registration or any other time
during the use of the Service ("Your Information") and
CEPI acts as a passive conduit for the User's online
distribution and publication of Your Information.
For the avoidance of doubt, "Your Information" includes
any information data, text, software, music, sound,
photographs, graphics, video, messages and other materials
provided by the User to CEPI during registration, trading
or listing processes or at any other time during the
User's use of the Service.
The User warrants and agrees that the User has all rights,
including all copyrights, or has obtained all necessary
third party copyright or trademark licenses and permissions
in relation to Your Information and shall be solely
responsible for ensuring that any material or information
posted on the Service or provided to CEPI or authorized
to CEPI to display or publish through the Service does
not violate the copyright, trademark, trade secret or
any other personal or proprietary rights of any third
party of any third party or is posted with the permission
of the owner(s) of such rights.
Notwithstanding any of the above provisions, CEPI reserves
the right to take any action (including withdrawing
any part or all of Your Information) CEPI deems necessary
or appropriate if, in CEPI's sole discretion, CEPI believes
may create liability for CEPI or may cause CEPI to lose
(in whole or in part) the services of its Internet Service
Providers or other suppliers or may cause us to contravene
any applicable laws or regulations regulating the conduct
of web and/or Internet related activities.
The User shall not use the Service for any unlawful
or inappropriate purposes, including without limitation,
spoofing, sniffing, imposturing, fraud, forgery, electronic
trespass, hacking and system contamination including
without limitation, use of viruses, worms and Trojan
Horses causing unauthorized damage or harmful access
and/or retrieval of information.
Any Request or Offer made through the Service shall
not
(a) be fraudulent or make fraudulent offers or involve
the sale or purchase or attempted sale or purchase of
counterfeit or stolen items or otherwise promote other
illegal activities;
(b) infringe or otherwise abet or encourage the infringement
or violation of any third parties' copyright, patent,
trademark, trade secret or other proprietary right(s);
(c) violate any applicable law, statute, ordinance or
regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
(d) be obscene or contain or infers any pornography
or sex-related merchandising or any other sexual content
or otherwise promotes sexually explicit materials or
is otherwise harmful to minors.
The User shall not use the Email Account for junk mail,
chain letters or spamming or the transmission of any
unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable
material or any kind or nature. Further, the User shall
not use the Email Account to publish, distribute, transmit
or circulate any unsolicited advertising or promotional
information or any content that is obscene, indecent,
seditious, offensive, defamatory, threatening, or which
incites or results in causing racial hatred, discrimination,
menace or breach of confidence.
The User may not take any action which may undermine
the integrity of CEPI's feedback system, such as leaving
positive feedback for himself using secondary User IDs
or through third parties or by leaving unsubstantiated
negative feedback for another User.
4.Transactions between Buyers and Suppliers
CEPI is not involved in the actual transaction between
Users. As a result, CEPI has no control over the quality,
safety or legality of the items offered for sale, the
truth or accuracy of the listings, the ability of the
suppliers to sell the items or the ability of buyers
to buy items. Further, CEPI cannot and does not control
whether or not sellers will complete the sale of items
they offer for sale or buyers would complete the purchase
of the items they procure through the Service. In addition,
Users are hereby made aware that there may be risks
of dealing with foreign nationals, underaged persons
or people acting under false pretences.
Users are solely responsible for all of the terms and
conditions of the transactions between themselves and
other buyers and sellers (as the case may be), including,
without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title,
licenses, fines, permits, handling, transportation and
storage.
CEPI does not endorse or make any representation or
warranty whatsoever (whether express or implied) and
shall not be responsible or liable under any circumstances
whatsoever, in respect of (a) any third party website
hyperlinked to the CEPI website, or any products, services,
information, data or other content offered or provided
therein; and/or
(b) any product, service, information, data or other
content offered or provided by third parties in or through
the CEPI website.
As CEPI acts only as a facilitator to the transactions
between Users, CEPI shall have no liability for the
failure of any items bought or sold via the Service
to meet any specification, requirement or description
or for the breach or alleged breach of any warranty
given or made by the supplier or for the failure of
the supplier to deliver the items to the buyer or for
the failure of the buyer to make payment. As a condition
for the use of the Service, each User agrees to look
solely to the other party to the transaction for damages
or liabilities incurred as a result of any failure to
meet specification or description, breach or alleged
breach of warranty or failure to make delivery or failure
to make payment.
In the event that any User has a dispute with any party
to a transaction, the parties agree to release and indemnify
CEPI and save us harmless (and our agents, affiliates,
directors and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including
without limitation any actual, special, incidental or
consequential damages) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected
with such disputes.
Unless otherwise prohibited by any applicable law, all
Users hereby waive any statutory or regulatory provision
or similar provision to such effect which provides that:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favour
at the time of executing the release, which if known
by him must have materially affected his settlement
with the debtor."
5. User's Responsibility
Users are hereby granted access to CEPI's various directories,
databases and listings in accordance with these terms
and conditions and as otherwise permitted by CEPI. Any
other use or attempt to use CEPI's various directories,
databases and listings for commercial, copying, reproduction,
mass marketing (whether by spamming or not) or any other
unauthorized purpose is strictly prohibited. The User
agrees that the User shall not commercially exploit
any information received or accessed through the Service
including but not limited to copying (through robots,
spiders, any automatic device or manual process) except
with CEPI's prior written consent.
The User shall not use any device, software or routine
to interfere or attempt to interfere with the proper
working of the Service. Each User shall not undermine
or attempt to undermine the security or integrity of
the computer systems or networks used by CEPI and/or
any user of the Service and shall not attempt to gain
unauthorized access to such computer systems or networks.
The User shall not use the Service for any illegal purposes
or in support of any illegal purpose or activity.
Each User hereby represents, warrants and agrees to
(a) provide true, accurate, current and complete information
about itself and its business referees as may be required
by CEPI; and
(b) maintain and promptly amend all information to keep
it true, accurate, current and complete.
If any User provides any information that is untrue,
inaccurate or is not current or complete, or if CEPI
has reasonable grounds to suspect that such information
is untrue, inaccurate or is not current or complete,
CEPI has the right to suspend or terminate such User's
membership and refuse any and all current or future
use of the Service or any other services that may be
provided by CEPI.
Each User agrees and accepts that CEPI shall not actively
monitor nor exercise any editorial control whatsoever
over the content of Your Information or other material
or information created, obtained or accessible through
the Service. CEPI does not endorse, verify or otherwise
certify the contents of any comments or other material
or information made by any User.
Each User is solely responsible for the contents of
such User's information and may be held legally liable
or accountable for the content of each such User's comments
or other material or information. However, CEPI reserves
the right to remove any material it becomes aware of
that is in it sole discretion, potentially unlawful,
could subject CEPI to liability, violates these terms
and conditions or is otherwise found inappropriate.
CEPI reserves the right to cooperate fully with legal
authorities and/or injured third parties in the investigation
of any suspected criminal or civil wrongdoing. Further,
CEPI reserves the right to suspend or terminate the
membership of such User as CEPI deems appropriate in
its sole discretion.
Further, each User agrees to indemnify CEPI, its employees,
agents and representatives and to hold them harmless,
from any and all losses, claims and liabilities (including
legal costs on a full indemnity basis) which may arise
from the User's posting of information or deletion thereof,
from such User's use of the Service or from such User's
breach of these terms and conditions. Each User further
agrees that CEPI is not responsible, and shall have
no liability to it or anyone else for any material posted
by such User or third parties, including fraudulent,
untrue, misleading, inaccurate, defamatory, offensive
or illicit material and that the risk of damage from
such material rests entirely with each User.
Each User represents, warrants and agrees that it shall
not use the Service for any unlawful or inappropriate
purposes, including without limitation, spoofing, sniffing,
eavesdropping, imposturing or spamming other users,
harassment, fraud, forgery, electronic trespass, hacking,
system contamination including without limitation use
or viruses, worms and Trojan horses causing unauthorized
damaging or harmful access and/or retrieval of information.
6. Charges and Fees
The rates for fees chargeable under the Service shall
be published on CEPI's website. All fees (if any) shall
be payable in advance to CEPI by wire transfer, charging
the User's credit card or such other method acceptable
to CEPI, in US Dollars or its equivalent in such other
currency as permitted by CEPI. Unless otherwise agreed
between CEPI and any User, all payments made are non-refundable.
All rates are exclusive of any taxes, duties or other
governmental, banking or transactional and handling
charges or levies that each User shall continue to be
liable for as and when the same is imposed or incurred.
CEPI reserves the right to modify its pricing structure
and payment conditions from time to time at its sole
discretion provided that not less than fourteen (14)
days notice shall be given to each User.
7. Termination of Membership
CEPI may terminate the Service at any time on the giving
of at least one (1) months notice to the User or immediately
by notice if there is any breach of a material term
of these terms and conditions by the User.
CEPI may also terminate the provision of the Service
to any User if such User's membership has not been activated
or his account remains inactive for three (3) consecutive
months. In such a case, if the User wishes to reactivate
his account, the User shall be required to proceed with
CEPI's registration process to re-register as a User
of the Service.
Without limitation to any remedies that may be available,
CEPI may immediately issue a warning, temporarily suspend
(whether for a fixed period or indefinitely) or terminate
a User's membership, any of the User's listings or any
other information placed by the User on CEPI's website
if
(a) the User breaches a material term herein;
(b) CEPI is unable to verify or authenticate any information
provided by the User; or
(c) CEPI believes in its sole discretion that the User's
act or omission may cause legal liability for the User,
any other Users, third party service providers or CEPI.
Furthermore, CEPI may suspend or terminate any User's
membership if the User is found (whether by conviction,
settlement, insurance or escrow investigation or otherwise)
to have engaged in fraudulent activity in connection
with the use of CEPI's website or the Service.
Upon termination, all licenses, rights and privileges
granted to the User shall cease.
Notwithstanding any of the above provisions, termination
of the relationship herein shall not affect any accrued
rights or liabilities of either party nor shall it affect
the coming into force or the continuance in force of
any provision contained herein which is expressly or
by implication intended to come into or continue in
force on or after such termination.
Clauses 2.4, 2.5, 2.6, 4.4, 4.5, 5.5, 7, 8 and 9 shall
survive the termination of the relationship between
any User and CEPI or the termination of these terms
and conditions.
8. Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND CEPI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS
ARE HEREBY EXCLUDED.
CEPI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY,
STABILITY, COMPLETENESS OR CURRENTNESS OF TECHNICAL
AND ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE.
Any material downloaded or otherwise obtained through
the use of the Service 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 results
from the download of any such material. No advice or
information, whether oral or written, obtained by any
User from CEPI or through or from the Service shall
create any warranty not expressly stated herein.
Under no circumstances shall CEPI be held liable for
an delay or failure or disruption of the Service 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, labour disputes, riots, insurrections, civil
disturbances, shortages of labour 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.
Each User hereby agrees to indemnify and save CEPI,
its employees, agents and representatives 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 the Service (including but not
limited to the display of such User's information on
the Site) or from its breach of any of the terms and
conditions herein. Each User further agrees that CEPI
is not responsible and shall have no liability to it,
for any material posted by others, including defamatory,
offensive or illicit material and that the risk of damages
from such material rests entirely with each User.
Except to the extent that such liability cannot be excluded
by or limited by law, CEPI 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 or not advised
of the possibility of damage, regardless of the form
of action, whether in contract, negligence, tort or
otherwise or any other damages resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and
services resulting from any goods, samples, data, information
or services purchased or obtained or messages received
or transactions entered into of through of from the
Service;
(c) unauthorized access to or alteration of transmissions
or data;
(d) statements or conduct of any third party on the
Service; or
(e) any other matter relating to the Service however
arising, including negligence.
Notwithstanding any of the foregoing provisions, the
aggregate liability for CEPI to each User for all claims
arising from the use of the Service is limited to US$10.00.
All claims arising from the use of the Service must
be filed within one (1) year from the date the cause
of action arose.
9. Intellectual Property Rights
CEPI.com Corporation is the sole owner of all the rights
to the Service. The Service embodies trade secrets and
intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual
property rights in the Service shall remain with CEPI.com
Corporation. All rights not otherwise claimed herein
or by CEPI.com Corporation are hereby reserved.
"CEPI?", "CEPI.com?" and related icons and logos in
various languages and translations, are trademarks and
service marks of CEPI.com corporation in the United
States and other countries 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.
10. Notices
All notices or demands to or upon CEPI shall be effective
if in writing and shall be deemed to have been duly
made when sent to CEPI in the following manner: to Fourth
Floor, One Capital Place, P.O. Box 847, Grand Cayman,
Cayman Islands, with a copy to CEPI.com Hong Kong Limited,
Room 1901-02 Jubilee Centre, 18 Fenwick Street, Wanchai,
Hong Kong, Attn: corporate Counsel.
All notices or demands to or upon the User shall be
effective if either delivered personally, sent by commercial
overnight courier, certified mail, or by facsimile or
email to the addresses and correspondence information
provided by the User (as may be amended or updated from
time to time by the User).
11. General
These terms and conditions constitutes the entire agreement
between the User and CEPI and governs the use of the
Service, superseding any prior written or oral agreements
in relation to the same subject matter herein.
If any provision herein is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions
shall be enforced.
Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent
of such section.
CEPI'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
CEPI's right to act with respect with subsequent or
similar breaches.
CEPI shall have the right to assign their obligations
and duties herein to any person or entity.
12. Governing Law
These terms and conditions shall be governed in all
respects by the non-exclusive jurisdiction of the Hong
Kong Special Administrative Region ("Hong Kong") and
the Parties hereby irrevocably submit to the non-exclusive
jurisdiction of the Hong Kong courts.
More about Us. The services hereunder are offered by
CEPI.com. For more information, please email us at Acconich@public.bta.net.cn. |
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