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The following are terms of a legal agreement ("Agreement")
between you and Occient International Limited and its affiliates
(collectively, "Occient"). By accessing, browsing and
using this web site ("Site") you acknowledge that you
have read, understood and agree to be bound by these terms and to
comply with all applicable laws and regulations. If you do not agree
to these terms, do not use this Site. This Site may contain other
proprietary notices and copyright information, the terms of which
must be observed and followed. Read this Agreement carefully and
be aware that Occient may amend this Agreement at any time without
notice by posting the amended terms on this Site. Amendments shall
become effective immediately upon posting.
HYPERLINKING AND THIRD PARTY WEB SITES
This Site may contain links to third party web
sites. Occient makes no representations whatsoever about any other
web site which you may access through this Site. When you access
a third party web site, understand that it is independent from Occient
and that Occient has no control over the content on that web site
even if Occient provides information or services to the owner of
that web site. In addition, a link to a third party web site does
not mean that Occient endorses the content of such web site or accepts
responsibility for your use of such web site. It is up to you to
take precautions to ensure that the content you select for use is
free of such items as viruses, worms, trojan horses and other items
of a destructive nature. Occient encourages you to read carefully
all third party terms of use and privacy policies.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided on this
Site is owned by Occient or by the original creator of the material.
Except as stated herein, none of the materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without the prior
written consent of Occient or the copyright owner. Permission is
granted, however, to display, copy, distribute and download the
materials on this Site on a single computer for your personal or
internal business use only provided that you do not modify the materials
and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates immediately
if you breach this Agreement. You may not "mirror" any
material contained on this Site without Occient¡¯s prior written
consent. Any unauthorized use of the materials contained on this
Site may violate copyright laws, trademark laws, the laws of privacy
and publicity and/or communications regulations and statutes. All
content and functionality on this Site, including, but not limited
to, text, graphics, logos, icons, and images and the selection and
arrangement thereof, is the exclusive property of Occient or its
licensors and is protected by U.S. and international copyright laws.
All rights not expressly granted are reserved.
Copyright Notice -
© 2011 Occient International
Limited rights reserved.
TRADEMARKS AND LINKING
The trademarks, service marks and logos (collectively,
"Trademarks") used and displayed on this Site are registered
and unregistered Trademarks of Occient. Other service marks, logos
and trade names may be trademarks or service marks of others. Nothing
on this Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark displayed
on this Site, without the prior written consent of Occient. Occient
aggressively enforces its intellectual property rights to the fullest
extent of the law. The name Occient or any other Trademark may not
be used in any way, including in advertising or publicity pertaining
to distribution of materials on this Site, without the prior written
consent of Occient. Occient prohibits linking to this Site and use
of the name Occient or any other Trademark as part of a link to
or from any web site without Occient¡¯s prior written consent.
USER POSTINGS AND SUBMISSIONS
You acknowledge and agree that Occient owns and
has the unrestricted right to use, publish, in electronic form and
otherwise, distribute and exploit any and all information that you
post or otherwise publish on this Site or send to Occient. You hereby
waive any claim against Occient for any alleged or actual infringements
of any rights of privacy or publicity, moral rights, or rights of
attribution in connection with Occient¡¯s use and publication of
such submissions. By submitting any creative ideas, concepts, know-how,
techniques, suggestions or materials (collectively, "Submissions"),
you automatically grant to Occient a perpetual, royalty-free, non-exclusive,
unrestricted, worldwide and irrevocable right and license to use,
reproduce, modify, publish, translate, prepare derivative works
based upon, distribute, perform or display such Submissions, in
whole or in part, in any form, media or technology known or hereafter
developed for any purpose, including, but not limited to, advertising
and promotional purposes. This means that anything submitted by
you to Occient shall be owned by Occient and may be used by Occient
for any purpose, now or in the future, without any payment to or
further authorization by you.
You covenant that you shall not post or otherwise
publish on this Site any materials that: (i) are threatening, libelous,
defamatory, or obscene; (ii) would constitute or that encourage
conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate law; (iii) infringe the intellectual
property, privacy or other rights of any third parties; (iv) contain
a computer virus or other destructive element; (v) contain advertising;
or (vi) constitute or contain false or misleading statements. Occient
reserves the right to refuse to post and the right to remove any
Submissions or other information, in whole or in part, for any reason.
NO SERVICES OR PROFESSIONAL CONSULTATION
Information made available to you through this
Site is provided with the understanding that Occient¡¯s provision
of this information does not constitute the rendering of investment,
consulting, legal, accounting, tax, career or other advice or services.
Information on this Site should not be relied upon for making business,
investment or other decisions or used as a substitute for consultation
with professional advisors. Moreover, Occient does not represent
or endorse the accuracy or reliability of such information that
is displayed, uploaded, downloaded or distributed through this Site
by Occient, any user, information provider or any other person or
entity. You acknowledge that any reliance upon such information
shall be at your sole option and risk.
ACCESS TO THIS SITE AND ERRORS
There may be delays, omissions or inaccuracies
in information obtained by you through your use of this Site. Occient
may alter, suspend or discontinue this Site or your access to use
this Site at any time for any reason without notice or liability.
This Site may become unavailable due to maintenance or malfunction
of computer equipment or for other reasons and may result in damages
to your computer system, software, data or operations. You shall
be solely responsible for ensuring that any information or content
obtained from this Site does not contain any virus or other computer
software code or subroutine designed to disable, erase, impair or
otherwise damage your computer system, software or data.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED
ON AN "AS IS"¡± BASIS WITHOUT WARRANTIES OF ANY KIND. TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OCCIENT DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION,
OCCIENT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE
IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON
THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE
TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY
ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OCCIENT OR ANY OF
ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS
AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING
DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED
FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE
BEEN OBTAINED FROM THIS SITE, EVEN IF OCCIENT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OCCIENT¡¯S AND
ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD
PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED
ONE Euro (� 1.00). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO ALL USERS.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless
Occient and its predecessors, successors, parents, subsidiaries,
affiliates, officers, directors, shareholders, investors, employees,
agents, representatives, and attorneys (collectively, the ¡°Indemnified
Parties¡±) from and against any and all liability, damages and costs,
including, without limitation, reasonable attorneys¡¯ fees, incurred
by the Indemnified Parties in connection with any claim arising
out of or relating to any breach by you of this Agreement or the
representations, warranties, and covenants you have made by agreeing
to the terms of this Agreement. You shall cooperate as fully as
required in the defence of any such claim. Occient reserves the
right, at its own expense, to assume the exclusive defence and control
of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS OF USE AND GOVERNING LAW
This Agreement is governed and interpreted pursuant
to the laws of the Peoples Republic of China, notwithstanding any
principles of conflicts of law. You expressly agree that exclusive
jurisdiction resides in the courts of the city of Beijing. You further
agree and expressly consent to the exercise of personal jurisdiction
in the city of Beijing in connection with any dispute or claim involving
Occient. If any part of these terms is unlawful, void, or unenforceable,
that part shall be deemed severable and shall not affect the validity
and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
Occient prohibits the posting of any information
that infringes or violates the copyright rights and other intellectual
property rights (including rights of privacy and publicity) of any
third party. If you believe that any material contained on this
Site infringes your copyright or other intellectual property rights,
you must notify Occient of your infringement claim in accordance
with the following procedure. Occient shall process notices of alleged
infringement which it receives and shall take appropriate action.
Please notify Occient¡¯s Beijing office under the contact address
indicated on this website or by email to info@occient.com
.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement
between you and Occient with respect to the subject matter of this
Agreement and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding that subject
matter. Any waiver of any provision of this Agreement shall be effective
only if in writing and signed by Occient.
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