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Welcome to CCENN'S
SERVICE AGREEMENT (the "SERVICE"). The following
sets forth the terms and conditions of the CCENN
Membership Agreement(this "Agreement") between
you and ccenn.com ('CCENN'), under which CCENN
offers you access to the B-TO-B e-market service
through the website identified by, unless explicitly
stated, the uniform resource locator www.ccenn.com(the
"Site"). |
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1. Acceptance
terms |
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Use of the Service
indicates that you accept the terms and conditions.
If you do not accept all of the terms and conditions,
please do not use the Service.
CCENN may amend this Agreement at any time by
posting the amended Agreement on this Site. The
amended Agreement shall be effective immediately
once posted by CCENN, and your continued use of
the Service shall be denotation of your acceptance
of the amended terms. Unless explicitly stated,
any amendment of the service is subject to CCENN.
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2.Who can use
the Service? |
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The Service is
only available to individuals or companies who
can form legally binding contracts under applicable
law. Thus, you must be at least 18 years old to
use our services. If you are not qualified, please
do not use the Service. CCENN may, at any time,
refuse offering the Service. The Service is not
available to temporarily or indefinitely suspended
members. |
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3. Fee |
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It's up to you
whether to join in CCENN and enjoy the Service,
but We reserve the right to charge fees for the
Service upon notice to you pursuant to Term 1.
You are responsible for paying all applicable
taxes and duties and for all hardware, software,
service and other costs you incur to trade, procure
a listing from us, or access our servers. We reserve
the right to change or discontinue, temporarily
or permanently, some or all of the Service at
any time without notice. |
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4.CCENN is just
a marketplace online. |
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CCENN is only
a marketplace where businessmen get to know and
choose their trade partners, to negotiate for
business, or, to access trade information or relative
online service. As a result, we have no control
over the product quality, safety or legality of
the items being trade, the truth or accuracy of
the item listings, the capability of traders to
fulfill their obligations in a trade agreement.
We cannot and do not control whether traders will
actually fulfill their promises in an agreement.
Additionally, please note that cheating or illegal
trading may exist. |
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5.Your information
and items for trade. |
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"Your Information"
includes any information data, text, software,
music, sound, photographs, graphics, video, messages
or other materials you provide to us or other
users during the registration, trading or listing
processes, in any public message area or through
emails. With respect to Your Information, you
are solely responsible for Your Information, and
we serve only for your online distribution and
publication of Your Information. We may take any
action, however, if we believe it may create liability
for us or may cause us to lose (in whole or in
part) the services of our ISPs or other suppliers.
You hereby warrant that you have all rights, including
all copyrights. You acknowledge that CCENN does
not take any responsibility to determine which
information you submitted to us is to be protected,
nor will we be responsible for the use of Your
Information by other users of the Service.
5.1 Registration Obligations.
Your registration with us indicates
that you agree to: (a) provide true, accurate,
current and complete information about yourself
or your company as prompted by the member information
form at http://www.ccenn.com, and (b) manage and
promptly update the member information to keep
it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate,
not current or incomplete, or CCENN has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, CCENN has
the right to suspend or terminate your registration
and refuse any and all current or future use of
the Service (or any portion thereof). If you have
registered with us on behalf of a company or other
entity, then you represent and warrant that you
have the authority to bind such company or other
entity to the Terms.
5.2 Member ID, Password
and Security.
During the registration process,
you will select a Member ID and Password. You
are entirely responsible for maintaining the confidentiality
of your Member ID and Password, and for all activities
that occur under your Member ID and password.
You agree to (a) immediately inform CCENN of any
unauthorized use of your Member ID or Password
or any other breach of security, and (b) ensure
that you properly exit the website at the end
of each session. CCENN cannot and will not be
liable for any loss or damage resulting from your
failure to comply with this Term.
5.3 Rules About Your
Information.
You agree that Your Information
and the items you offer for trade on CCENN:
a. will not be deceitful or involve the sale of
counterfeit or stolen items;
b. will not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy.
c. will not violate any law or regulation (including
without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination
or false advertising);
d. will not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
e. will not be obscene or contain child pornography;
f. will not contain any viruses, Trojan horses,
worms, time bombs or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate
any system, data or personal information;
g. will not link directly or indirectly to or
include descriptions of goods or services that:
(i) are prohibited under this Agreement; or (ii)
you do not have a right to link to or include.
You also agree not to use the
Service (h) in connection with chain letters,
junk e-mail, spamming or any duplicative or unsolicited
messages, (i) to collect e-mail addresses and
other information about others without their consent
or (j) to create false e-mail addresses or otherwise
attempt to mislead others as to the identity of
the sender or the origin of a message.
5.4 Prohibited Items.
You must not post on our
site or trade through our site: (a) any item that
could cause us to violate any applicable law,
statute, ordinance or regulation, or (b) any item
that is currently on CCENN's Prohibited Items
List and incorporated herein by reference, which
may be updated from time to time. |
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6. The License
You Grant To Us. |
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You grant to us
the exclusive, worldwide, perpetual, free right
(with the right to sublicense through multiple
tiers) to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform and display (wholly or partially) Your
Information, and/or to incorporate Your Information
in other works in any form, media, or technology
now known or later developed. |
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7.Privacy.
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In spite of the
license in Term 6, CCENN will only use Your Information
in accordance with our Privacy Statement. The
whole terms of our Privacy Statement are part
of this Agreement so you are to read it carefully.
Please note that once you voluntarily disclose
Your Information in CCENN's trading areas, that
information can be collected and used by others.
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8.The Trading
Process |
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8.1 Listing
An Item.
Listings are text descriptions,
graphics and/or pictures on ccenn.com supplied
by you that either; (a) describe an item you have
that you want to trade, or (b) describe an item
you demand. You may post either or both of these
listing types of listings on ccenn.com, providing
that you provide such listings in an appropriate
category. CCENN is not responsible for the accuracy
or content of listings.
8.2 Negotiations for business.
Traders on CCENN negotiate
with each other through the process of formulating
offers and counteroffers. Acceptance of an offer
or counteroffer by all parties constitutes an
obligation for all parties involved to complete
the transaction. Acceptances and Offers are not
retractable except in exceptional circumstances
such as a user materially changing the description
of the item after your offer was made or clear
typographical errors, or when you can not authenticate
the identity of a user involved in the trade.
8.3 Handling Trading
Disputes.
CCENN is not to be involved
in dealings between traders. In case that you
have a dispute with one or more users, you release
CCENN from any claims, demands and damages (actual
and consequential) of every kind and nature arising
out of or in any way connected with such disputes.
8.4 Use common sense
We cannot nor do we try to
control the information provided by other users
which is made available through the Service. By
its very nature, other people's information may
be offensive, harmful or inaccurate, and in some
cases will be mislabeled or deceptively labeled.
We expect that you will be cautious and use common
sense when using our site. |
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9.The Trading
System |
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9.1 No Trade
Manipulation.
You agree not to use a
shill (a secondary account or third party) to
manipulate the outcome of a negotiation with another
trader.
9.2 System Integrity.
You agree not to use any device,
software or routine to interfere or attempt to
interfere with the proper working of the ccenn.com
or any trade being conducted on our site. You
must not take any action which imposes an unreasonable
or disproportionately large load on our infrastructure.
You must not disclose or share your password to
any third party or use your password for any unauthorized
purpose.
9.3 Feedback.
You must not take any action
which may undermine the integrity of the feedback
system, such as: leaving positive feedback for
yourself under a secondary Member ID or any third
parties; leaving negative feedback for other users
under a secondary member ID or any third parties
(feedback bombing); or leaving negative feedback
if a user fails to perform some action that is
outside the scope of the trade (feedback extortion).
9.4 No Commercial Exploitation.
You agree not to commercially
exploit any information, including but not limited
to, copying any information displayed, on ccenn.com
without prior written authorization from an authorized
officer of CCENN. |
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10. Termination.
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You agree that
CCENN can terminate your password, account (or
any part thereof) or use of the Service, and remove
and discard Your Information within the Service,
for any reason, including without limitation,
if CCENN believes that you have violated or acted
inconsistently with the letter and spirit of the
Agreement. CCENN may also, at any time, discontinue
offering the Service, or any part thereof, with
or without notice. You agree that any termination
of your access to the Service under any provision
of this Agreement may be effected without prior
notice, and acknowledge and agree that CCENN may
immediately deactivate or delete your account
and all related information and files in your
account and/or bar any further access to such
files or the Service. Furthermore, you agree that
CCENN shall not be liable to you or any third
party for any termination of your access to the
Service. Terms 12, 13, 14, and 22 shall survive
any termination of this Agreement. |
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11. The possible
results from your breaking of the rules. |
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We may immediately
issue a warning, temporarily suspend or terminate
your membership, any of your current listings,
and any other information you post on the site
if you break this Agreement or if we are unable
to verify or authenticate any information you
provide to us. Without limiting any other remedies,
CCENN may suspend or terminate your account if
you are found (by conviction, settlement, insurance
or escrow investigation, or otherwise) to have
engaged in fraudulent activity in connection with
our site. |
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12. The Service
is Provided "As Is." |
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CCENN will make
every effort to offer you enjoyable service. It's
a pity that we cannot always foresee or anticipate
technical or other difficulties. These difficulties
may result in loss of data or other service interruptions.
For this reason, you understand and agree that
your use of the Service is at your own risk. The
Service is provided on an "As is" basis. CCENN
clearly disclaims all warranties of any kind,
including, but not limited to, the implied warranties
of merchant ability. CCENN makes no warranty that:
(i) The service will meet your requirements; (ii)
The service will be uninterrupted, timely, secure
or entirely accurate; (iii) The results that may
be obtained from the use of the service will be
accutate or reliable; and (iv) The quality of
the products, services, information or other material
purchased or obtained by you through the Service
will meet your expectations. Any material downloaded
or obtained through the use of the Service 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 material. No advice or information,
whether oral or written, obtained by you from
CCENN or from the Service shall create any warranty
not explicitly started in the Agreement.
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13. Limit of Liability.
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You explicitly
agree that CCENN shall not be reliable for any
direct or indirect, incidental, special damages,
including damages resulting from loss of profits,
use,data or other intangible losses (No matter
whether CCENN has been informed of the possibility
of such damages.) resulting from: (i) The use
or the inability to use the Service; (ii) The
cost of procurement of substitute goods and services
resulting from any goods, data, information of
services purchases of obtained of messages received
or transations entered into through or from the
service; (iii) unathorized access to or alteration
of your transmissions or data; (iv) statements
or conduct of any third party on the service;
or (v) any other matter relating to the Service.
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14. Indemnity.
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You agree to
indemnify and hold CCENN and our subsidiaries,
affiliates, officers, directors, agents, and employees,
harmless from any claim or demand (including legal
expenses and the expenses of other professionals)
made by a third party due to or arising out of
your breach of this Agreement or the documents
it incorporates by reference, or your violation
of any law or the rights of a third party.
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15. Compliance
With Laws. |
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You shall comply
with all applicable laws, statutes, ordinances
and regulations regarding your use of the Service
and your bidding on, listing, purchase and sale
of items, including, but not limited to, complying
with all applicable laws regarding the transmission
of technical data exported from the United States
or the country in which you reside. |
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16. No Agency.
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You and CCENN
are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement.
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17. Advertising
& Financial Services. |
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Your correspondence
or business dealings with, or participation in
promotions of, advertisers found on or through
the Service, including payment and delivery of
related goods or services, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and
the advertiser. You agree that CCENN is not to
be responsible or liable for any loss or damage
of any sort incurred as the result of any such
dealings or as the result of the presence of such
advertisers on the Service. If you intend to create
or join any service, receive or request any news
messages, alerts or other information from the
Service concerning companies, stock quotes, investments
or securities, please note that CCENN is not to
be responsible nor liable for the accuracy, usefulness
or availability of any such information transmitted
via the Service, and is not to be responsible
nor liable for any trading or investment decisions
made based on such information. |
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18. Links.
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The Service may
provide, or third parties may provide, links to
other World Wide Web sites or resources. As CCENN
has no control over any sites and resources, you
agree that CCENN is not responsible for the availability
of such external sites or resources, and does
not endorse and is not responsible or liable for
any content, advertising, products, or other materials
on or available from such sites or resources.
Additionally you agree that CCENN shall not be
responsible or liable, directly or indirectly,
for any damage or loss resulting from the used
service or infomation on such sites or resources.
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19. Notices.
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Notices, except
explicitly stated, are to be sent by email to
webmaster@ccenn.com, or, to the email address
you provided to CCENN when registering on CCENN,
or, to any addresses ready to be specified. The
notice is considered to have been given 24 hours
later. |
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20. Force Majeure.
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CCENN is not
to be liable for delays or failures in performance
resulting from causes beyond our reasonable control,
for instance, nature disasters, labor disputes
or disturbances, material shortages or riots,
wars, governmental regulations, communication
or utility failures, or casualties. |
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21. Assignment.
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CCENN may assign
this Agreement without your assent. |
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22. Others.
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The Agreement
constitutes the whole Agreement between you and
CCENN and manages your use of the Service, superseding
any prior written or oral Agreements between you
and CCENN. The Agreement is governed in all respects
by the laws of the People's Republic of China
without regard to its conflict of law provisions.
If any provision of this Agreement 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.
Our failure to act with respect to a breach by
you or others does not waive our right to act
with respect to subsequent or similar breaches.
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23. Arbitration
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Any disputes
caused with this Agreement or CCENN Service shall
be arbitrated by Abitration organizations under
appropriate regulations. Additionally, such disputes
should be solely arbitrated but not together with
any other disputes. Arbitration should be carried
out at the place appointed by CCENN. During the
arbitration, both sides can ask the local (where
CCENN locates) jurisdictional court for any legal
protection for rights or possessions.
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CCENN All Rights Reserved.
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