This User Agreement governs your use of our Website only and does not govern your use of other Shanghai Daily services, such as services offered by the Shanghai Daily print newspaper.
Because the Website is an evolving medium, we may need to change, add or remove portions of this User Agreement or impose new conditions on use of the Website, from time to time, in which case we will post the revised User Agreement on this Website. Such modification shall be effective immediately upon posting of the modified User Agreement on the Website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on our Website. Your continued use of the Website after the effective date of such changes constitutes your acceptance of and agreement to such changes. ShanghaiDaily.com may in our sole discretion change some or all of our Services at any time. ShanghaiDaily.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Content and User Submission
Except for public domain materials, all the contents published on ShanghaiDaily.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "content") are protected by applicable intellectual property laws, and are owned by the Shanghai Daily Publishing House, or the party credited as the provider of the Content. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
By posting any content on the Service, a user is assigning to Shanghai Daily Publishing House and its affiliates all of such user’s copyright interests in such content and granting to Shanghai Daily Publishing House ("SDPH") and its affiliates the right to display such content on the Website and their affiliated publications and to use such content for promotional and marketing purpose.
You may download or copy the content and other downloadable items displayed on our Web site for your own personal, non-commercial use, provided you maintain all copyright and other notices contained therein.. Except as expressly provided above, all rights are reserved. Commercial use of any of the content is strictly prohibited. Use of any of our trademarks as metatags on other Web sites also is strictly prohibited.
Certain contents are furnished by the Xinhua, Bloomberg News, the Associated Press and Reuters, and we will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
Access and Availability of Service and Links
The Service contains links to other related World Wide Internet sites, resources, and sponsors of ShanghaiDaily.com, Since ShanghaiDaily.com is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
Registration and Security
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a Subscriber ID that ShanghaiDaily.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of ShanghaiDaily.com. But ShanghaiDaily.com representatives may help you get back your password after proper verification process.
You shall notify Customer Service at online@ShanghaiDaily.com of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You are responsible for all usage or activity on your ShanghaiDaily account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at ShanghaiDaily.com’s sole discretion, and ShanghaiDaily.com may refer you to appropriate law enforcement agencies.
ShanghaiDaily.com may contact you regarding your participation in user surveys, asking for feedback on the Website and existing or prospective products and services. This information will be used to improve our Web site and better understand our users.
Fees and Payments
ShanghaiDaily.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time ShanghaiDaily.com requires a fee for portions of the Service that are now free, we will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by ShanghaiDaily.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
You expressly agree that ShanghaiDaily.com shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
Representations and Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; You hereby indemnify, defend and hold harmless SDPH, SDPD, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim.
The Service is available "as is." We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information, e-commerce product offerings or other materials available through the Service. ShanghaiDaily.com, SDPH and SDPD are not responsible for the availability, content or services of other third-party providers, online merchants or advertisers that may be linked to or posted within the Service, including in the classified and marketplace sections thereof. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Service or any information or goods that are available or advertised or sold through the Service, including in the marketplace section. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Service or available through links in the Service. We reserve the right to correct any errors or omissions in the Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to the Service, we do not guarantee or warrant that the Service or materials that may be downloaded from the Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Service and any materials available through the Service, you do so solely at your own risk.
Limitation and Liability
Under no circumstances, including, but not limited to, negligence, shall the ShanghaiDaily.com, SDPH, SDPD, their subsidiaries, parent companies, affiliates, officers, directors, shareholders, employees, representatives, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages of any kind that result from the use of, or the inability to use, the Website's materials, products, or services, third party materials, products, or services made available through the Website, or any part of the Website even if the Website is advised beforehand of the possibility of such damages. You specifically acknowledge and agree that our Website is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material, products, or services on the Website, or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by ShanghaiDaily.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
We may terminate or cancel your access to the Website at any time, with or without cause, with or without notice. In the event of such termination, any information you have stored on the Website may not be retrieved later.
You may terminate your account at any time by sending an email to the Customer Service at online@ShanghaiDaily.com. You are responsible for all charges incurred, if any.
Sections 2 and 3, Sections 5 through 8, Item 10.1 of this User Agreement shall survive such termination.
This Agreement shall be governed by the laws of People’s Republic of China ("the PRC"). Any action arising under this Agreement shall be submitted to the courts of Shanghai, the PRC.
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.