PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 Alibaba may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Alibaba of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Alibaba.
2. Users Generally.
2.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that he shall not copy, reproduce, download, transmit or distribute any information, content, news, reports, programs, text, images, video or audio clips, directories, files, databases or other materials available on or through the Site (the "Alibaba Content") for the purpose of re-selling, re-distributing or re-publishing the Alibaba Content, mass mailing (via e-mails, wireless text messages, physical mail or otherwise), operating a business that competes with Alibaba, or otherwise commercially exploiting the Alibaba Content. Systematic retrieval of Alibaba Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Alibaba is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2 Some of the Alibaba Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Alibaba is not the author of Third-Party Content, whether contributed by anonymous users or identifiable content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Alibaba is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Alibaba is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
2.3 Alibaba may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to such third parties' websites. When you go through such hyperlinks to third parties' websites, you have already left the Site. You are cautioned to read such sites' terms and conditions and/or privacy policies in order to be aware of the terms and conditions of your. User acknowledges that Alibaba has no control over third parties' websites, does not monitor such sites, does not indicate, expressly or impliedly, any endorsement, approval, recommendation or preference by Alibaba of such third parties’ websites or the products or services provided on such third parties’ websites and Alibaba shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such websites.
2.4 Alibaba reserves the right to limit, deny or create different access to and use of the Site and its features and functions with respect to different Users, or to change any of the features and functions or introduce new features and functions without prior notice. Each User hereby agrees that in no event shall Alibaba be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Alibaba and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.7 As a condition of your access to and use of the Site, you agree that you will not use Alibaba services to infringe the intellectual property rights or other legitimate rights of others in any way. In appropriate circumstances, Alibaba may restrict, prohibit or deny a User’s access to the Site if Alibaba determines that the User has breached any of the Terms and Conditions or that the User's conduct is harmful to the interests of Alibaba, its affiliates, or other users, or for any other reason in Alibaba's sole discretion, with or without cause.
2.8. Alibaba reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Alibaba may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Alibaba shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Alibaba for such disclosure.
2.9 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Site without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
3. Registered Users
3.1 In certain circumstances, Alibaba may require you to register on the Site by giving your information (such as name and e-mail address etc.) to Alibaba.
3.2 Notwithstanding Section 3.1 above, Alibaba may refuse registration for whatever reason.
4. Posting comments
5. Limitation of Liability
5.1 All Alibaba Content is for your general reference only. Alibaba does not accept any responsibility whatsoever in respect of the Alibaba Content. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. YOU WILL EXERCISE AND RELY SOLY ON YOUR OWN SKILL AND JUDGMENT IN YOUR USE OF THE SITE. YOU ARE RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SITE COMPLIES WITH ALL APPLICABLE LEGAL REQUIREMENTS. THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALIBABA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, ALIBABA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALIBABA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCTS OR SERVICE OFFERED THROUGH THE SITE.
5.2 Alibaba does not guarantee or assume any responsibility that:
a. the Alibaba Content on the Site is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
b. the Alibaba Content on the Site is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, date or equipment. Any material downloaded or otherwise obtained through the Site is done at each your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Alibaba or through or from the Site shall create any warranty not expressly stated herein;
c. messages sent through the internet will be free from interception, corruption or loss or access to the Site will be available or be uninterrupted. Under no circumstances shall Alibaba be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties; or
d. defects in the Site will be corrected.
5.3 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Alibaba and its affiliates be held liable for any such services or products.
5.4 Each User hereby agrees to indemnify and save Alibaba, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or from its breach of any of the terms and conditions of this Agreement. Alibaba reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba in asserting any available defenses. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.
5.5 Alibaba shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from the use of or the inability to use the Site.
6. Intellectual Property Rights
6.1 Alibaba is the sole owner or lawful licensee of all the rights to the Site and the Alibaba Content. The Site and Alibaba Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Alibaba Content shall remain with Alibaba, its affiliates or licensors of the Alibaba Content, as the case may be. All rights not otherwise claimed under this Agreement or by Alibaba are hereby reserved. Except with our written permission, you are not allowed to reproduce, transmit or distribute in any way any component of the Site itself or create derivative works with respect thereto, as the Site is copyrighted under applicable laws.
6.2 "ALIZILA", "ALIBABA", "ALIBABA.COM", "阿里巴巴", "ALIEXPRESS", "ALIPAY", "ALIPAY.COM", "支付宝", "TAOBAO", "TAOBAO.COM", "淘宝网", "ALIBABA CLOUD COMPUTING", "阿里巴巴云计算" and related icons and logos are registered trademarks or trademarks or service marks of Alibaba in various jurisdictions and "YAHOO!", "雅虎" and related icons and logos are registered trademarks or trademarks or services marks used by Alibaba under license. Those trademarks or service marks are protected under applicable copyright, trademark and other proprietary rights laws, and any unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7.1 All notices or demands to or upon Alibaba shall be effective if in writing and shall be duly made when sent to Alibaba in the following manner: to c/o Alibaba Group Services Limited, 24/F Jubilee Centre, 18 Fenwick Street, Wanchai, Hong Kong, Attn: Legal Department.
7.2 All notices or demands to or upon a User shall be effective if delivered by email to the last-known email address provided by the User to Alibaba, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
a. Alibaba is able to demonstrate that communication has been sent to such User, or
b. immediately upon Alibaba's posting such notice on an area of the Site that is publicly accessible without charge.
8.2 Alibaba and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8.3 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.
8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.5 Alibaba's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right or Alibaba's right to act with respect with subsequent or similar breaches.
8.6 Alibaba shall have the right to assign this Agreement to any person or entity (including any affiliates of Alibaba). The User may not assign, in whole or part, this Agreement to any person or entity.
8.7 This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Hong Kong.