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| Terms of Service |
Agreement between you and Shanghai Toprise Information & Technology Co.,Ltd
The Shanghai Toprise Oilgas Website is a multi-site authentication service
operated by MShanghai Toprise Information & Technology Co.,Ltd("Toprise")
that makes it easy for you to sign in to Web sites and learn OIL/LPG/Chem
markets. You can find out more about the oilgas Network by going to Toprise
Oilgas Network Web site.
These Terms of Use constitute a legal agreement
between you and Shanghai Toprise Information & Technology Co.,Ltd. You must
accept without modification all of the terms, conditions, and notices contained
in these Terms of Use in order to access and use the oilgas Network. If you do
not accept these Terms of Use in their entirety, you may not access or use the
oilgas Network.
Portions of the Oilgas Network may be governed by posted
guidelines, rules, or other terms and conditions. All such guidelines, rules,
and terms and conditions are hereby incorporated by reference into these Terms
of Use. In the event of a conflict between such other guidelines, rules, and
terms and conditions and these Terms of Use, the Terms of Use shall control.
However, the Oilgas Network Privacy Statement, discussed in the Privacy and
Personal Information section below, supersedes any conflicting language in
these Terms of Use and/or any other guidelines, rules, and terms and conditions
published on the Oilgas Network with respect to the subject matter covered by
the Oilgas Network Privacy Statement.
Modification of these Terms of
Use Toprise may wish to update or change the terms, conditions, and notices for the
Oilgas Network from time to time to reflect changes in the services, changes in
the laws affecting the services, or for other good reasons. You understand that
Toprise reserves the right to make these changes and that you are responsible
for regularly reviewing these terms, conditions, and notices. Continued access
to or use of the Oilgas Network after any such change shall constitute your
consent to such change. Unless explicitly stated otherwise, any new features
that change or improve the Oilgas Network shall be subject to the Terms of Use,
as modified from time to time. Personal and non-commercial use limitation You
may only use the Oilgas Network for your own personal and non-commercial
purposes. You must enter into a different legal agreement with Oilgas if you
wish to offer the Oilgas Network to users of your own application, Web site, or
Web service. You may not use any software or hardware that reduces the number
of users directly accessing or using the Oilgas Network (sometimes called
"multiplexing" or "pooling" software or hardware).
You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or
services that are part of the Oilgas Network except as expressly provided in
these Terms of Use.
Privacy and personal information
You are required to have
Oilgas Network credentials to use the Oilgas Network. To set up credentials,
you must provide information about yourself and update this information as
necessary in order to keep it current. Oilgas agrees that it will only use your
personal information in accordance with the terms of the Oilgas Network Privacy
Statement.
You are responsible for maintaining the confidentiality of your
password and account information. Furthermore, you are responsible for all
activities that occur in your account and you agree to notify Oilgas
immediately of any unauthorized use of your account. Oilgas is not responsible
for any loss that you may incur as a result of any unauthorized person using
your account or your password. Links to third-party sites The Web pages that
are part of the Oilgas Network may contain links to other Web sites ("Linked
Sites"). The Linked Sites are not under the control of Oilgas and Oilgas is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. Oilgas is not responsible for web casting or any other form of
transmission received from any Linked Site, nor is Oilgas responsible if the
Linked Site is not working appropriately. Oilgas is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Oilgas of the site or any association with its operators. You
are responsible for viewing and abiding by the privacy statements and terms of
use posted at the Linked Sites. You are solely responsible for any dealings
with third parties (including advertisers) who support the Oilgas Network or
are identified in the Web pages that are part of the Oilgas Network, including
the delivery of and payment for goods and services.
No unlawful or prohibited use As a condition of your use of the Oilgas Network, you agree that you will
not use the Oilgas Network for any purpose that is unlawful or contrary to
these Terms of Use. You also may not use the Oilgas Network in any manner that
could damage, disable, overburden, or impair the Oilgas Network or interfere
with any other party's use and enjoyment of it. You may not attempt to gain
unauthorized access to any credentials, computer systems or networks associated
with the Oilgas Network. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Oilgas Network.
Terms of use for sites and services on the
Oilgas Network
These Terms of Use apply to you whenever you access or use the
Oilgas Network. When you use the Oilgas Network to gain access to any site or
service on the Oilgas Network, the terms and conditions associated with that
site or service may also apply to you. Please refer to the applicable terms of
use associated with each site or service on the Oilgas Network that you visit.
Oilgas's right to use feedback or suggestions you submit
Oilgas wants your
voluntary feedback and suggestions on the Oilgas Network so that we can
continually improve the services for you and other customers. When you submit
feedback and suggestions, please understand that Oilgas needs to have full
rights to use your feedback and suggestions without any encumbrances. In
particular, you should understand that by submitting any feedback or
suggestions to Oilgas concerning the Oilgas Network, you warrant and represent
that you own or otherwise control the rights necessary to do so and you are
granting Oilgas and its affiliated companies permission to: Use, modify, copy,
distribute, transmit, publicly display, publicly perform, reproduce, publish,
sublicense, create derivative works from, transfer, or sell any such feedback
or suggestions; and Sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to the feedback or
suggestions.
These grants include the right to exploit any proprietary rights
in such feedback or suggestions, including rights under copyright, trademark,
service mark or patent laws in any relevant jurisdiction. No compensation will
be paid with respect to Oilgas's use of the materials contained within such
feedback or suggestions. Oilgas is under no obligation to post or use any
materials you may provide and may remove such materials at any time at Oilgas's
sole discretion.
This section is not applicable to any personally identifiable
information that you provide in connection with your registration on the Oilgas
Network. For terms and conditions governing the use of such information and for
more information on how the Oilgas Network works, please refer to the Oilgas
Network Privacy Statement.
This section also is not applicable to any
documents, information, or other data that you upload, transmit or otherwise
submit to or through any sites and services on the Oilgas Network. Please refer
to the terms and conditions for such sites and services to determine the rights
of the Web site or service provider to such documents, information and/or data.
Software and content available on the Oilgas Network
All content and software
(if any) that is made available to view and/or download from the Web pages that
are part of the Oilgas Network ("Software") is owned by and is the copyrighted
work of Oilgas and/or its suppliers. Your use of the Software is governed by
the terms of the license agreement, if any, that accompanies or is included
with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement terms. For any Software not accompanied by
a license agreement, Oilgas hereby grants to you, the user, a personal,
non-transferable license to use the Software for viewing and otherwise using
the Oilgas Network in accordance with these Terms of Use, and for no other
purpose provided that you keep intact all copyright and other proprietary
notices. All Software is owned by Oilgas and/or its suppliers and is protected
by copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You
acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the United States of America. You agree not to export or
re-export the Software, directly or indirectly, to any countries that are
subject to P.R. China export restrictions.
Liability disclaimer
Oilgas AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED
THROUGH THE Oilgas NETWORK FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. Oilgas AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL Oilgas AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Oilgas NETWORK, WITH THE DELAY OR INABILITY TO USE THE
Oilgas NETWORK, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE Oilgas
NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE Oilgas NETWORK, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF
Oilgas OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Oilgas
NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE Oilgas NETWORK.
Customer support Oilgas provides information about how to use the Oilgas Network on the Oilgas Network Web site.
If you have any questions about the Oilgas Network or any problems that you
would like to report, please contact us or visit Customer Services.
Termination and restriction of access
Oilgas reserves the right, in its sole discretion, to
terminate your access to the Oilgas Network or any portion thereof at any time,
without notice.
Oilgas may also terminate or suspend your access to the Oilgas
Network for inactivity, which is defined as failing to sign in to the Services
for an extended period of time, as determined by Oilgas. Upon termination of
your Oilgas Network credentials, your right to use the Oilgas Network
immediately ceases. General These Terms of Use are governed by the laws of PR
China. You hereby irrevocably consent to the exclusive jurisdiction and venue
of courts in Shanghai, PR China. in all disputes arising out of or relating to
the use of the Oilgas Network. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Oilgas as a result of
these Terms of Use or use of the Oilgas Network.
Oilgas may assign these Terms
of Use, in whole or in part, at any time. Oilgas's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in these Terms of Use is in derogation of Oilgas's right to comply with
governmental, court, and law enforcement requests or requirements relating to
your use of the Oilgas Network or information provided to or gathered by Oilgas
with respect to such use. You agree to indemnify and hold Oilgas, its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Oilgas Network. If
any part of these Terms of Use are determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of these Terms of Use shall continue in effect. These Terms of
Use, including the documents expressly incorporated by reference above,
constitute the entire agreement between you and Oilgas with respect to the
Oilgas Network and such agreements supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and Oilgas with respect to the Oilgas Network. A printed version of these Terms
of Use and of any notices given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Intellectual property notices All contents of the Oilgas Network Web site are:
Copyright ? 1999-2005 by Shanghai Toprise Infomation &Technology Co.,Ltd.
and/or its suppliers, No.506,Hongmei Business Mansion,No.8075,Humin Road,Xuhui
District,Shanghai,China All rights reserved.
"Oilgas" is a registered trademark
of Shanghai Toprise Infomation &Technology Co.,Ltd. The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people, and
events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Oilgas may have patents, patent applications, trademarks, copyrights, or other
intellectual property rights covering subject matter in the Oilgas Network,
including the Web pages that are part of the Oilgas Network. Except as
expressly provided in these Terms of Use, the provision of the Oilgas Network
and the furnishing of such Web pages to you does not give you any license to
these patents, trademarks, copyrights, or other intellectual property. Any
rights not expressly granted herein are reserved. Notices and procedure for
making claims of copyright infringement Pursuant to PR China Internet Code,
notifications of claimed copyright infringement should be sent to the Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. For more information, see Notice and
Procedure for Making Claims of Copyright Infringement.
For more information
regarding your privacy, see the Oilgas Network Privacy Statement.
Revised June
2005 |
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