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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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