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This Subscription/purchase Agreement governs use of SinoCast LLC Business Information Service, published and/or distributed by SinoCast LLC including, but not limited to, China Business Headline News, China Business Daily News, China IT Watch, China Financial Watch, China Industry News and Analysis, Chinese Company Profile, and any business information listed for subscription referred to as the Service.
By clicking the "Accept" button, and using any part of the service, you certify that you are 18 years old or older, and that you agree to be bound by all of the terms in this Subscription/purchase Agreement.
The terms in this Subscription/purchase Agreement may be changed from time to time with or without notice. When the terms are changed, SinoCast LLC will notify subscribers via online postings. The changes will be reflected in this document immediately. You can access the most updated version of Subscription/purchase Agreement from "Fees and Agreement" link button on the navigation bar. You may want to print this Agreement when subscribing SinoCast's service.
PRIVACY OF INFORMATION
By selecting the "I Accept" button, you also agree that SinoCast LLC may store information you provide as part of the registration process and usage information, and provide aggregate statistical information about subscribers to advertisers, potential advertisers, and content licensors. SinoCast LLC also may use the information to inform you about other SinoCast LLC services, publications, and products, unless you notify SinoCast LLC that you do not wish to receive this information. SinoCast LLC also may deliver additional messages about the Service to you by e-mail.
As a general policy, SinoCast LLC does not disclose to third parties any specific personal identifying information about you, such as your name, address, phone number, or e-mail address. SinoCast LLC will not disclose any of your Personal Identifying Information to a third party without first notifying you and giving you an opportunity to elect not to have your Personal Identifying Information disclosed. For detailed information on privacy, please read our Privacy Policy at the navigation bar.
ENTERPRISE CUSTOMERS
If SinoCast and you/your employer have manually signed a paper version of a contract governing your use of the Service, or if you or your employer subscribe to the Service pursuant to an Enterprise Subscription/purchase Agreement, the terms in that manually signed, paper document or Enterprise Subscription/purchase Agreement are not amended by, and supersede, terms in this Subscription/purchase Agreement.
FEES AND PAYMENTS
An updated price list for the Service is kept in "Fees and Agreement" page. You may also find the Service Fees during subscription. Your subscription will continue and renew automatically until terminated by SinoCast LLC or until you notify SinoCast by electronic mail of your decision to terminate your subscription. The contact information can be found in "Contact US" page. You agree to pay or have paid all fees and charges incurred in connection with your user name or password at the rates in effect when the fees and charges were incurred. All fees and charges are nonrefundable. SinoCast LLC may charge late fees on overdue accounts, and you agree to pay or to have paid all costs (including, without limitation, attorneys' fees) incurred to collect overdue amounts. SinoCast LLC may change the Subscription Fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
All fees and charges incurred in connection with your user name or password will be billed to the credit card you designate during the registration process for the Service or the electronic information service which provides you access to the Service (or, if agreed in advance by SinoCast, billed by paper invoice.) If there are any annual, monthly or similar periodic fees for your Service subscription, these fees will be billed automatically to your credit card at the start of the annual, quarterly, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. If you want to designate a different credit card or there is a change in your credit card validity or expiration date, or if you believe someone has accessed the Service using your user name or password without your authorization, you must contact SinoCast Customer Service at the telephone numbers provided in "Contact US" page of this Web site. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service. YOU, AND NOT SINOCAST, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
If SinoCast and you or your employer have manually signed a paper version of a contract governing your use of the Service, or if you or your employer subscribe to the Service pursuant to an Enterprise Subscription/purchase Agreement, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
COPYRIGHT AND LIMITATIONS ON USE
The content available as part of the Service, other than content accessible through the SinoCast Web Center or content on non-Service sites to which you link from a page in the Service, is defined as "Licensed Information". The Licensed Information is the property of SinoCast LLC or its licensors and is protected by copyright and other intellectual property laws. Licensed Information received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, transmit, distribute, display, sell, store, archive or publish any Licensed Information to anyone, including but not limited to others in the same company or organization, without the express prior consent of SinoCast, with these two exceptions:
You may, on an occasional and irregular basis, disseminate an insubstantial portion of content received from SinoCast or retrieved from the Service, for a noncommercial purpose, without charge, and in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary notices with such portion of the content in the same form in which the notices appear in the Service, and the phrase "Used with permission from SinoCast Business Service". To request consent for other matters, please send an e-mail to SinoCast LLC provided in "contact Us" page or by contacting SinoCast LLC.
You may freely distribute SinoCast China Business Headline News for a noncommercial purpose, without charge, and in any form, print or electronic, to an unlimited number of individuals, provided you include all copyright and other proprietary notices with such portion of the content in the same form in which the notices appear in the Service, and the phrase "Used with permission from SinoCast Business Service".
You may post, publish SinoCast China Business Headline News on your Web site(s) for a noncommercial purpose, and for serving a defined audience ONLY, provided you obtain a signed authorization in print from SinoCast LLC. Such an Authorization document can be obtained by contacting SinoCast LLC.
The content accessible through the SinoCast Web Site is not made available to you through any contractual arrangement between SinoCast LLC and third parties, but instead is made available from publicly available sources on the World Wide Web. FOR THIS REASON, SINOCAST DOES NOT GRANT YOU ANY RIGHT OR LICENSE WHATSOEVER WITH RESPECT TO CONTENT ACCESSIBLE THROUGH THE SINOCAST WEB SITE. You are solely responsible for determining the extent to which the content accessible through the SinoCast Web Site may be used or distributed.
The Service includes facts, views, opinions and recommendations of third parties deemed of interest. SinoCast and its content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment.
DISCLAIMER OF WARRANTIES AND LIABILITY
Due to the number of sources from which content on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Service. SINOCAST AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. SINOCAST AND ITS AGENTS OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SERVICE, CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND THEIR CONTROL OR NEGLIGENCE IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL SINOCAST, ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. SINOCAST AND ITS AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF SINOCAST, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SINOCAST FOR THE USE OF THE SERVICE.
ADDITIONAL LEGAL TERMS AND CONDITIONS
You may not use the Service for any unlawful purpose. Certain content licensors require SinoCast to post additional legal terms, particularly as new content is added to SinoCast Business Service. Additional legal terms and notices regarding Sinocast Business Service and its content are located in "Fees and Agreement", under "Additional Legal Terms and Notices." You agree to read and be bound by these additional legal terms and notices. You are urged to consult this page each time you access Sinocast Service. By accessing Sinocast Service after any additional legal terms or notices are posted, you are agreeing to be bound by these additional legal terms and notices.
Sinocast may discontinue or change the Service, certain Licensed Information, or certain content within the Service, or its availability to you, at any time, and you may always terminate your subscription at any time. This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and State of California, as if the Agreement was a contract wholly entered into and wholly performed within California State. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Copyright 1998-2005 SinoCast LLC. All rights reserved.
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