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Terms of service of 21shipping.com£º
Please read carefully the terms of service of 21shipping.com(TOS). The TOS describes articles and conditions governing the use of 21shippinging.com as the exchange platform for members. The 21shipping.com is an information application system built jointly by Shanghai Electronic Data Interchange Center and Shanghai Customs House. The system, works for enterprises in shipping, customs declaration, trading and other business, publishes authoritative information and contributes electronicalization of shipping transaction. 21shipping.com builds shipping and customs clearance information and e-commerce to offer shipping information exchange and realtime e-commerce activities, and provide a variety of tools and service for global B2B e-commerce. Acceptance of terms When you enter the homepage of 21shipping.com and complete the registration process, you are considered to have agreed to the terms and conditions of this Agreement and be bound by the terms and conditions therein (hereinafter referred to as "Terms"), which 21shipping.com in its discretion may change from time to time. 21shipping.com will post a notice on our website to inform you of the changes to the Terms. If you do not agree to the changes, you must discontinue using the Service. The changed Terms shall automatically be effective immediately once they are initially posted on the homepage of 21shipping. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise modified except in writing signed by an authorized top level official of 21shipping.com Fees The commercial services 21shipping.com provides to ordinary member are completely free of charge, but the services to senior or VIP members are payable. You are responsible for paying for all applicable taxes and duties and for all hardware, software, service and other costs you incur to access our servers. In our sole discretion, we may add, delete or change some or all of our services at any time without notice. Senior or VIP members who want to withdraw from the 21shipping.com service must send in their applications 30 days in advance. After giving the reason for withdrawal, they can go through the procedure of canceling the membership. The annual membership fees are not refundable. (1)Member rights Members have the right to check their Member accounts for the revenue and expenditure records. Members have the right to search all the publicized information on the 21shipping.com and added information service provided to senior and VIP members (The fees for special services to be counted separately). Members can conduct business operations including e-commerce activities by our computer network. Members have the right to oppugn all kinds of 21shipping.com's business operation, and have the right to put forward suggestion and make criticism. Members have the right to protect the business secrets of their own companies. Members have the right to withdraw their membership from 21shipping.com. £¨2£©Member Obligations Members are subject to the terms and rules concerning the 21shipping.com. Members should follow the suggestion of the 21shipping.com to change their passwords at regular intervals to protect the transaction safety and their own lawful rights and interests. Members should provide demand-supply and price information about their products, and warrant the information so issued are accurate, timely and effective. Members should pay the membership fees and other expenses in time. Where the main information (such as legal representative, bank account numbers, bankruptcy, etc.) of a member has been changed, the member is to modify the registered data and inform the 21shipping.com. 21shipping.com is Only A Venue For Trading. 21shipping.com. acts as, and only as, a venue for users to search for people to trade with, to negotiate the exchange of goods and services and to obtain various trade-related services. However, we have no control over the quality, safety or lawfulness of the items being traded, the truth or accuracy of the item, and the ability of traders to fulfill their obligations in a trade agreement. We cannot and do not guarantee their performance of the agreement. In addition, it should be noted that there are risks in dealing with foreign nationals, underage persons or people acting under false pretense. 2. Your Information and Items for Trade. "Your Information" includes any information data, text, software, music, sound, photographs, graphics, video tapes, messages or other materials you provide to 21shipping com. or other users in the registration, trading or listing processes, in any public message area or through any e-mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We may take any action, however, with respect to Your Information we deem necessary or appropriate in our sole discretion if we believe it may create liability for 21shipping.com or may cause it to lose (in whole or in part) the services of our ISPs or other suppliers. Members hereby warrant that they have all rights, including all copyrights, necessary to submit Your Information to 21shipping.com. Members acknowledge that 21shipping.com does not take any responsibility to determine what information that is submitted to 21shipping.com should be protected, nor will we be responsible for the use of Your Information by other users of the Service. 4.1 Registration Obligations If you register at 21shipping.com, you agree to: (a) provide true, accurate, up-to-date and complete information about yourself or your company as prompted by the member information form at 21shipping.com.com; (b) maintain and update in time the member information to keep it true, accurate, up-to-date and complete. If you provide any information that is untrue, inaccurate, back-dated or incomplete, or 21shipping.com has reasonable grounds to suspect that such information is untrue, inaccurate, back-dated or incomplete, 21shipping.com 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 21shipping.com on behalf of a company or other entity, then you represent a company and warrant that you have the authority to bind such company or other entity to the Terms. 4.2 Member ID, Password and Security During the registration process, you will select a Member ID and Password. You are solely responsible to keep secret your Member ID and Password, and for all activities that occur under your Member ID and password. You agree to (a) immediately notify 21shipping.com of any unauthorized use of your Member ID or Password or any other breach of security in case you discover such use, and (b) ensure that you properly exit the website at the end of each session. 21shipping.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. 4.3 Rules About Your Information. You agree that Your Information and the items you offer for trade on 21shipping.com (For the purpose of this agreement, the word "item" generally refers to all tradable items no matter tangible or intangible, as long as it substantially exists in all kinds of forms, or certain kind of right or interest, or negotiable instruments or bonds, or certain service or acts.) is not fraudulent or does not involve the sale of counterfeit or stolen items; besides, you guarantee that, a. it will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy b. it does not violate any law, statute, ordinance or regulation (including but not limited to, those governing export and import control, trade quotas, consumer protection, unfair competition, anti-discrimination or false advertising) c. There are no contents in relation to defamatory, trade libelous, unlawful threatening or unlawful harassing; d.there is no obscenity or contain child pornography; e. There is no virus whatsoever that disguised program aiming at destruction, worms, time bombs or other computer programming routines that are likely to purposedly intended to damage, maliciously interfere with, surreptitiously intercept or expropriate any system, data or personal information f.You will not link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under this Agreement; or (2) you do not have a right to link to or include. You also agree not to use the Service (3) are in connection with chain letters, junk e-mail letters, spanning of any duplicative or unsolicited messages, (4) collect e-mail addresses and other information about others without their consent or (5) create false e-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of a message. 4.4 Prohibited Items You may not post on our website or trade through our website any items that : (a) could cause us to violate any applicable laws, statutes, ordinances or regulations, or (b) are currently on 21shipping.com's Prohibited Items List, which is incorporated herein by reference, and may be updated from time to time. 3. The Rights You Grant To Us You grant to us the non-exclusive, worldwide, perpetual, royalty-free right (with the right to sub-accredit through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) Your Information, and/or to incorporate Your Information in other works in any form, media, or technology now known or later developed. 4.Privacy Notwithstanding the rights in paragraph 6, 21shipping.com will only use Your Information in accordance with our Privacy Statement. The complete terms of our Privacy Statement are part of this Agreement so you should read it. Please note that when you voluntarily disclose Your Information in 21shipping.com's trading areas, that information can be collected and used by others. 7.The Trading Process 7.1 Listings of product description. Product descriptions refers to written description, graphics and/or pictures on 21shipping.com's website supplied by you that either: (a) describe an item you have that you want to trade, or (b) describe an item you are looking for. You may post either or both of these listing types of listings on 21shipping.com's website, provided that you place such listings in an appropriate category. 21shipping.com is not responsible for the accuracy or content of listings (including any translations thereof) 7.2 Negotiating A Deal Traders on 21shipping.com negotiate with each other through the process of formulating offers and counteroffers. Acceptance of an offer or counteroffer by the parties concerned constitutes an obligation for such users of 21shipping.com 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 correct typographical errors, or when you can not authenticate the identity of a user involved in the trade. 21shipping.com is not responsible for the accuracy of, or any error or omission in, any information contained in any Request for Quote, Purchase Order, Quote or other online document that is part of the My Trade Activity feature. 7.3 Handling Trading Disputes We do not and cannot be involved in dealings between traders. In the event that you have a dispute with one or more users or any third-party service providers whose services you obtain through our website, you release 21shipping.com (and our agents and employees) from any claims, demands and damages (actual and consequential) of every kind and nature arising from or in any way connected with such disputes. 8.The Trading System 8.1 No Trade Manipulation You agree not to help an accomplice (a secondary account or third party) with an intention of fraud to manipulate the outcome of a negotiation with another trader. 8.2 System Integrity You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the 21shipping.com.com or any trade being conducted on our website. You may not take any action which imposes an unreasonably or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. 8.3 Feedback You may not take any actions which may undermine the integrity of the feedback system (e.g., "Member Tag"), such as: leaving positive feedback for yourself using secondary Member IDs or third parties; leaving negative feedback for other users using secondary member IDs or 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). 8.4 No Commercial Exploitation You agree that you may not commercially exploit any information, including but not limited to, copying (through robot, spider, any other automatic device or manual process) any information displayed, on the 21shipping.com website without prior written authorization from an authorized official of 21shipping.com. 9. Termination You agree that 21shipping.com, in its sole discretion and without any prejudice to any possible remedies, may issue a warning, temporarily or forever, terminate your qualification of the membership, or remove and discard Your Information in the Service and all the information about your products published on the website and/or any other information, in any of the situations mentioned hereafter, 1) if you have violated or acted inconsistently with the Agreement. 2) If 21shipping.com has no means to verify or check any of the data you provide to the 21shipping.com, or 3) If 21shipping.com believes that your action may cause you, any of our clients or any third party providing services on or through the website any legal liability; 21shipping.com may also, without any prejudice to any possible remedies, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, if you have been discovered to be engaged in any fraud that might involve 21shipping.com. 10. The Service is Provided "As It Is." We will try our best to make your experience with 21shipping.com enjoyable. Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or interruption other service. For this reason, you expressly understand and agree that your use of the service is at your own risk. the service is provided on the bases of "as it is" and "as available" . 21shipping.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, such warranties as merchantability, fitness for a particular purpose and non-infringement, etc. 21shipping.com makes no warranty that: (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. any material downloaded or otherwise 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 21shipping.com or through or from the service shall create any warranty not expressly stated in the agreement. 11. Limit of Liability You expressly understand and agree that 21shipping.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damage, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (whether or not 21shipping.com has been advised 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 when purchasing or obtaining any goods, samples, data, information or services or receiving messages or concluding any transaction through or from the service; (iii) unauthorized 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 however arising, including negligence. 12. Indemnity You agree to indemnify and hold 21shipping.com and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including reasonable 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. 13. Compliance With Laws. You agree that you will free from liability 21shipping.com, its subsidiaries, branch companies, Directors of the Board, employees and agents by compensating their losses when you violate this Agreement or any other documents incorporated into this Agreement by being mentioned hereby or when you violate the laws or encroached upon the rights of a third party thereby causing a claim on 21shipping.com, its subsidiaries, branch companies, Directors of the Board, employees and agents. 14. No Agency. You and 21shipping.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 15.Advertising & Financial Services. 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 such advertiser. You agree that 21shipping.com shall not be responsible nor 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 be advised 21shipping.com shall not be responsible nor liable for the accuracy, usefulness or availability of any such information transmitted via the Service, and shall not be responsible nor liable for any trading or investment decisions made based on such information. 16.Links The Service or third parties may provide, links to other World Wide Web sites or resources. Because 21shipping.com has no control over such sites and resources, you acknowledge and agree that 21shipping.com 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. You further acknowledge and agree that 21shipping.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 17. Notices Unless otherwise explicitly stated, any notices shall be given by e-mail to mail@21shipping.com (in the case of 21shipping.com) or to the email address you provide to 21shipping.com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 21shipping.com during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. 18. Force Majeure 21shipping.com shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties. 19. Assignment. 21shipping.com may assign this Agreement without your consent. 20. Miscellaneous The Agreement constitutes the entire Agreement between you and 21shipping.com and governs your use of the Service, superseding any prior written or oral Agreements between you and 21shipping.com. The Agreement shall be governed in all respects by the laws in force on the Mainland of the People's Republic of China. 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. 21. Arbitration Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of Shanghai Arbitration Committee of PRC. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Shanghai, PRC, and decision on the arbitration award may be submitted to any court having jurisdiction thereof for enforcement. Either you or 21shipping.com may seek any interim or preliminary relief including, but not limited to, the security of property or evidence, from a court with competent jurisdiction in Shanghai, PRC, necessary to protect the rights or property of you or 21shipping.com pending the completion of arbitration.
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