|
1.Application of and Acceptance of Terms and Conditions.
For purposes of this Regulation, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with AJ as a registered User or whether said User is a paying customer for a specific service provided by AJ.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Regulation as a User. You shall be bound by the terms and conditions of this Regulation 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 Regulation, please do not use this Site.
2.Amendment of this Regulation
AJ.com may amend this Regulation at any time by posting the amended and restated Regulation on the Site. The amended and restated Regulation shall be effective immediately upon posting. This Regulation was last amended on January 18, 2005. Posting by AJ of the amended and restated Regulation and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Regulation may not otherwise be modified, except in writing by an authorized officer of AJ.com.
3.Users Generally & Registered Users.
Users generally may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "AJ Content") for the purpose of re-selling or re-distributing the AJ.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with AJ.com, or otherwise commercially exploiting the AJ.com Content. Systematic retrieval of AJ.com 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 AJ.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Regulation is prohibited.
Each User who has filled out an on-line registration form on the Site by giving its information is a registered user of AJ.com (a "Registered User"). AJ.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account. By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize AJ.com to share such information with other Users. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of AJ.com. AJ.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
4.Rights & Obligations
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of AJ.com (a "Registered User"). AJ.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize AJ.com to share such information with other Users.
Each User hereby represents, warrants and agrees to (a) provide AJ.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to AJ.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
Each User hereby represents, warrants and agrees that information submitted to AJ.com for display on the Site shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- solicit business from any Users in connection with a commercial activity that competes with AJ;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
- otherwise create any liability for AJ.com or its affiliates.
5.Suspension & Termination of Service
AJ.com may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in AJ.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) AJ.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) AJ believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, AJ.com's other Users, or AJ.com or its affiliates.
AJ reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject AJ.com to liability, violates this Agreement or is otherwise found inappropriate in AJ.com's opinion. AJ.com 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, AJ.com 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 AJ.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against AJ.com for such disclosure. In connection with any of the foregoing, AJ.com may suspend or terminate the Account of any User as AJ.com deems appropriate in its sole discretion. User agrees that AJ.com shall have no liability to User, including no liability for consequential or any other damages, in the event AJ.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that AJ.com may take such actions.
6.About Links
AJ is not responsible for security of other websites it links. It has possibility for us to invite several trade partners and brands in the same industry. But we will not expose your identification to them. Instead, we only provide some integrated information.
7.Privacy Policy
We urge that you read AJ.com's Privacy Policy [http://www.am-j.com/about/privacy.asp] which governs the protection and use of each User's information in AJ.com's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that AJ.com may change the Privacy Policy from time to time provided that AJ.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
8.Security
You will not hold AJ responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
9.Limitation of Liability
THE FEATURES AND SERVICES ON THE AJ.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND AJ.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 AJ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. AJ DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND AJ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE AJ.COM SITE.
10.Laws & Provisions
AJ.com 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.
If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
AJ.com's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives AJ's right to act with respect with subsequent or similar breaches.
AJ.com shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
This Agreement shall be governed by the international laws without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the local courts. |
|
