1、51Capital Services . 51Capital is an E-Business platform for investors and entrepreneurs consisting of investments and MA opportunities searching, online evaluation as well as financial news, latest deals and recent Sunny research report etc. By completing the registration process, and using 51Capital, you are indicating that you agree to be bound by all of the terms in this Subscription Agreement.
2、Your Information . You also agree that we may store the information you provided as part of the registration process, and provide aggregate statistical information about you to potential advertisers in 51Capital. We also may use the information to inform you about other products and services. However, (no third party) one other than us will receive your name, address, phone number, email address, or other specific personal identifying information, without your express prior consent.
3、Changes to Services . We may change or discontinue any portion, feature, or content of the 51Capital service at any time with or without notice to you. Likewise, we may at any time, with or without notice to you, restrict the use and accessibility of the service as well as limit the duration and amount of use made of the service. We may also temporarily suspend or revoke your rights to use the 51Capital service based on our belief or suspicion that your use of the service exceeds or violates that permitted by this Agreement.
4、Your Responsibilities . You are personally responsible for all uses of the 51Capital service made using your identification (or "User Name") and password. Your responsibility includes the payment of all fees and charges associated with the use of the service, whether or not the use is made by you personally or by someone else using your User Name. You are responsible for protecting and securing the User Name and password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of security for any of the information stored on the 51Capital service, such as the theft or unauthorized use of your User Name, password, or any payment information, you shall notify us immediately by telephone.
You certify that you have and will continue to provide complete, accurate, and current information required for becoming a client. This information includes, for example, your name, address, telephone number and billing account. You shall give notice to us within fifteen (15) days of any change in your information. If you do not comply in full with these requirements, We reserve the right to suspend and/or terminate your right to use the 51Capital service.
You are responsible for all statements made and acts or omissions that occur while your password is being used.
5、Indemnification . For purposes of this Agreement, "Losses" shall mean all losses, liabilities, actions, claims, damages and costs (including taxes), and all related costs and expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation and settlement).
You will indemnify and hold us harmless and our employees, officers, directors, and other agents from any and all Losses imposed on, incurred or asserted as a result of or relating to, (a) any noncompliance by you with the terms and conditions including reps and warranties hereof; (b) any third-party actions related to your receipt and use of the Information, whether authorized or unauthorized under the Agreement.
You also agree to release, indemnify, defend and hold Correspondent Services Corporation as well as any and all firms which provide content to 51Capital, harmless, including their affiliates, and their respective officers, directors, employees, agents, successors and permitted assigns thereof from and against any and all Losses, of any kind or nature, arising out of or in connection with your use of the 51Capital service.
6、Copyright and Limitations on Use . The information available through 51Capital is our property or property of our licensors and is protected by copyright and other applicable laws. Information received through 51Capital may be displayed for your personal, non-commercial use only. You agree not to copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through 51Capital to anyone, without our express prior written consent.
Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the People's Republic of China or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
You acknowledge that your use of 51Capital via the Internet may include encryption methods that are subject to the export control laws of the People's Republic of China . By using the service, you agree and warrant that neither the service, nor any direct product of the service, may be exported or re-exported outside the People's Repubic of CHina or to any foreign entity or "foreign person" (as defined by China Government regulations), including anyone who is not a citizen, national, or lawful permanent resident of the People's Republic of China. We are not responsible for any use of the service by you in violation of this Paragraph 7 or of the export and customs laws and regulations of the People's Repubic of China relating thereto.
7、Disclaimer . 51Capital may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. We 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. You acknowledge that 51Capital is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security which may be referenced in the service. Such offers can only be made where lawful under applicable law. If you wish to learn more about information contained on the service, you may contact your representative.
You agree that the information available through the 51Capital is not the official record of your account and is subject to changes, errors and omissions. Your printed transaction confirmations and periodic statements constitute this official information. Also, 51Capital account information is not a substitute for other important information sent to you by us and cannot be used for tax reporting purposes.
8、Links to Other Sites . In the event you use 51Capital or the links included on the service to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than us, or to any other Internet location, you acknowledge that such other sites or locations are not under our control and agree that we shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. We provide such links only as a convenience to you, and have not tested any software or verified any information found at such sites. The fact that we have provided a link to another site does not signify an endorsement of the site or its contents by us. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of 51Capital.
9、Termination . We may, at any time, in our sole and absolute discretion, and without notice, terminate this Agreement and thus your rights to use the 51Capital service, or suspend your access to all or any part of the 51Capital service, for any conduct or use that we determine to be a violation of this Agreement or for any other conduct that we determine to be harmful.
Your subscription will continue until terminated by us or until you notify us by telephone or by regular mail of your decision to terminate the subscription. We may discontinue or change 51Capital, or its availability to you, at any time.
10、Hardware and Software . To have the right to access 51Capital, you agree to use the type of hardware, including without limitation computers, modems, CD-ROMs, hard disks, and any other devices ("Hardware"), and software ("Software"), including without limitation a secure Internet browser necessary for the use of the service. You are responsible for the installation, maintenance and operation of the Hardware and Software.
11、Consent . In connection with your use of 51Capital, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and our representatives or agents. You acknowledge and consent to the recording, retention and use by us (and our employees, representatives and agents) of all information and data that you input during your use of 51Capital, including without limitation, all selections and uses of calculators and other tools included therein.
12、Representations and Warranties . You hereby represent and warrant that you are of the age of majority. Unless you advise us to the contrary, in writing, and provide us with a letter of approval from your employer, where required, you represent that you are not an employee of any China securities exchange, or of any corporation of which any exchange owns a majority of the capital stock, or of a member of any exchange, or of a member firm or member corporation registered on any exchange, or of any corporation, firm or individual engaged in the business of dealing, either as a broker or as a principal, in securities, bills of exchange, acceptances, or other forms of commercial paper.
13、Disclaimer of Warranty and Limitation of Liability Due to the numbers of sources from which news and information on 51Capital is obtained, there may be delays, omissions or inaccuracies in such news, information and 51Capital. We do not warrant that 51Capital shall be uninterrupted or error free.
WE AND OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH 51CAPITAL, OR 51CAPITAL ITSELF. NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND OUR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING 51CAPITAL AND ANY NEWS AND INFORMATION THROUGH 51CAPITAL. IN NO EVENT WILL WE, OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH NEWS AND INFORMATION. WE AND OUR AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR LIABILITY OR OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH 51CAPITAL OR THE NEWS AND INFORMATION IN 51CAPITAL SHALL NOT EXCEED THE AMOUNT YOU PAID TO US DURING THE PREVIOUS TWELVE (12) MONTH PERIOD FOR THE USE OF 51CAPITAL.
14、Assignment . 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.
15、Governing Law . This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the People's Republic of China.
16、Survival . Paragraphs 6, 7, 10, 13, 14, 15, and 16 shall survive termination of this Agreement