Welcome to the JUMBO Co., LTD website (the "Site"). The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. JUMBO reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, JUMBO reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the JUMBO, both now and in the future. You should also review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
JUMBO ONLINE TERMS AND CONDITIONS
 |
1. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations ,software, and the compilation thereof (collectively, the "Content") is the property of JUMBO, our affiliates, or other third parties, and is protected by PRC and International copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of JUMBO, our affiliates, or other third parties, in PRC and other countries, and are protected by PRC and International trademark laws.
Except as set forth in the limited licenses in Section 7 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current or error-free.
3. Account of Users
You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in JUMBO's best interests to do so.
4. Software License Agreement.
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.
5. Links to Third Party
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and JUMBO is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. JUMBO provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
6. Compliance with Applicable Laws; Export Control Laws.
This Site is controlled, managed, operated by JUMBO,Shanghai, it is subject to PRC export control laws and may also be subject to the laws of the country where you reside.
7. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to:
(i) frame or utilize framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or Content (except caching or as necessary to view the Site);
(iii) make any use of the Site or Content other than personal use;
(iv) create any derivative work based upon either the Site or Content;
(v) collect account information for the benefit of yourself or another party;
(vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 7 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
8. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to JUMBO, our affiliates, partners or licensors.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
10. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
11. Governing Law.
These rules and regulations shall be construed in accordance with the laws of of Shanghai, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Shanghai. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Shanghai, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the PRC Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
12. General Disclaimer
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions, comments or concerns about our website or these Terms and Conditions of Use, please contact us.
Copyright © 2008 JUMBO
|
