Please read this User Agreement and the Privacy Policy before you use
the internet service on the ShanghaiDaily.com (“Website”). We offer the
Website to you conditioned on your acceptance without modification of
this User Agreement. Your use of the Website constitutes your acceptance
of this User Agreement.
GENERAL RULES
This User Agreement describes the terms and conditions
applicable to your use of our services available
under the domain and sub-domains of www. ShanghaiDaily.com
(“Service”). By registering for or using ShanghaiDaily.com,
you agree to abide by all of the terms and conditions
of this User Agreement between you and Shanghai Daily
on the Web (ShanghaiDaily.com) an Internet service
of Shanghai Daily Press Development Co., Ltd (“SHPD”).
You agree to use the Website in accordance with this
User Agreement, our Privacy Policy, and any additional
terms and conditions that may apply to specific sections
of the Website or to products and services available
through the Website.
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 SUBIMISSION
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 reserves the right to send electronic
mail to you for the purpose of informing you of changes
or additions of the Service. We reserve the right
to gather and use information about your usage and
demographics, and agree to maintain your data privacy,
in accordance with the ShanghaiDaily Privacy Policy,
which is incorporated herein.
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 OF 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.
SOFTWARE LICENSES
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.
TERMINATION
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.
MISCELLANEOUS
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.
