(June 28, 2009)
To visit and use cnmake.cc, you have to fully accept the clauses, conditions of this agreement and notices published immediately on the website, aslo you have to comply with related laws, regulations and rules of the internet and this website. Once you visit or use cnmake.cc, it means that you accept all clauses, conditions and notices.
1:Information on the site
All member informations or their products(including but not limited to company name, contact information, products decriptions and introductions, related photos, vedios,etc.) are offered by themselves. The members should take full responsibility for all offered informations. cnmake.cc has no responsibility for the accuracy, integrality, legality or factuality of these informations. Otherwise, cnmake.cc assumes no responsibility for business activity and its risks used or offered on our site.
Without written permission of legal obligee, nobody is allowed to display product photos on cnmake.cc. Any unlicensed use of these photos may violate laws and regulations such as International Law, Trademark Law, Privacy Act, Communication Law and so on.
Visitors can download informations displayed on the web, which can not be used forany commercial purposes but for personal study. No matter whether the data is marked, it protect by Copyright Act. Without clear written consent of cnmake.cc or respective copyright owners, visitors can not distribute, revise, spread, reuse and retransmit informations on the web or make informations on public commerce use.
2:Comments and Web Forum
All comments on the site are personal opinions of authors, which are not on behalf of opinions of cnmake.cc, its operator or associated company.
3:Copyright and Trademark
Logos on cnmake.cc are trademarks and trade name of products and services. In particular no one may use a part of our Site on any other website, or link any other website to our Site, without our prior written permission.
4: Disclaimer
cnmake.cc makes special statement here that it is not not responsible for the following:
a. cnmake.cc does not make direct, indirect, legal, agreed promise to you for using contents and services of our website or related ones, or linked website and contents.
b. At any case(including but not limited to the negligence cause), Users undertake the responsibility(including but not limited to the negligence fault) for any loss or damage (including direct, indirect, special or consequential damage or loss, e.g. loss of income or profit, damage of computer system or loss of data, etc.). Using our website means to take any risk of broswering pages, because cnmake.cc did not take participate of constructing, making or developing the website, or providing contents, so we shall not liable for any direct, related, consequential, indirect or pecuniary loss because of data storage and retrieval on the site.
c. Suppliers on cnmake.cc are all manufacturing enterprises. If trading companies, agencies or personals hide their true identities to register and do business on the site, once found, cnmake.cc will stop their services immediately and revoke their memberships, meanwhile, all caused legal responsibilities have nothing to do with cnmake.cc.
5:Terms of Service:
Read cnmake.cc agreement( the "Agreement"). These terms and conditions are liable for trading and communicating tools and services(the"Service") used in globla B-to-B market on the Site(www.cnmake.cc).
1. Acceptance
By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User and you will be constrainted by them. The Site have rights to change "Agreement". If there is any changes, the Site will publish notice. If you are not agreed with the changes, you have to stop to use "Service". It will automatically take effect immediately after it published. You should read the changed "Agreement" when you sign in at the first time and decide to stop the "Service"; Once you use the "Service", it means you have accept it, and you should subject to new agreement if you have dispute with the Site. Except other special statement, all new content to enlarge business scope and strengthen functions are constrainted by agreement. The Agreement can not be amended unless written agreement has been signed by authorized senior manager of the Site.
2. Who can use English site?
The "Service" shall only be used by legal binding companies(Suppliers on cnmake.cc are all manufacturing enterprises.) created by related laws. As a result, your age must be 18 years old or older, so you can use the services. If you do not comply with the conditions, please do not use them. The Site can decide with plenipotentiary at any time to offer "Service" to anybody. The "Service" will not offered to those whose memberships has been discontinue temporarily and permanently.
3. Payment
We keep the rights to collect charge for "Service" after noticing you according Cliause one. You should pay by yourself on liable tax cause by trading, charged services and connecting server, and on related hardware, software, communication, web service and others. We have the right to temporarily and Permanently revise or stop part of or all "Service" without weitten notice but making publicity on the Site.
4. cnmake.cc is just used as a trading site.
The Site is just used for users to find trade partner, to negotiate on goods and services, and to enjoy services related with business. However, the Site can not control the products quality, security or legality, information factuality or accuracy and traders to perform responsibilities in the Agreement. The Site can not and will not control whether the traders will perform responsibilities. Besides, you should notice that the risks of doing business with foreign people, infant or do business with fraudulently objectively exists.
5. Profile and Products
"Your Profile" refers to any information including data, text, software, music, audio, photos, pictures, vedio, words or other profile provided publicly or through e-mail to the site or other users during registering, trading or products listing. You should take responsible to "Your Profile", and our Site is the passive channels to publish. However, if your profile is considered to make our company assume any legal or moral responsibility, (in whole or in part) loss site service or other suppliers' service, or that you did not sign in or resign in in the stipulated period, we can take any necessary or appropriate action to it, including but no limited to delete it. You make sure that you have all rights about "Your Profile" including copyright. You should know that our company is not liable to suppose or decide which data should be profected, or not liable if users enjoyed "Service" uses "Your Profile".
5.1 Registeration
If you registered on the Site, you agree:
1:According to the requests of the member form, you should provide real, accurate, complete data reflected current conditions of you and your company;
2:Keep and update member data in time, make sure it is real, accurate, complete and reflect current conditions. If not, or the Site have reasonable grounds to suspect it, it has right to terminate or suspense your registered indentity or data and reject your current or future use of "Service"(or any part of it) any way. If you registered on behalf of a company or other legal subjects, you shall declare and ensure you have the right to make company or other legal subjects constrainted by the "Agreement".
5.2 User name, password and secrecy
During registeration, you shall choose user name and password. You should keep them as a secret and take responsibility to the activity using them. You agree:
1:You shall contact us immediately you find anyone using your user name and password without Authorization or any cases violating obligation of secrecy;
2:Make sure to exit the Site in right process each time you leave. It can not and will not liable for any loss or damages beacause you did not obey this obligation.
5.3 Rules on your profile
You agree that "Your Profile" and "Item" published on the site(generally refering to some specific paroducts, which can be dealed legally, tangible or intangible, and exists in various forms, some right or profit, instruments or securities or some service and action. "Item" in the agreement all have these means. )
a. No fraud and have nothing to do with selling, falsifying and stealing;
b. Will not violate any third-party to the item of property, copyright, patent right, trademark, trade secrets or other intellectual property rights, or privacy rights and reputation right;
c. Will not violate any law, legislation, regulation or rule(including but not limited to the laws, legislations, regulations or rules on export management, allowance trade, consumer protection, unfair competition or false advertising.)
d. Will not contailn content of defamation(including commercial defamation), illegal intimidation or harassment;
e. Will not contain contents salacious and child pornography;
f. Will not have any virus, simulated destructive procedure, computer worm, timed sequence bomb or other computer procedures which can damage, malicious interfer and secrectly intercept or occupate any system, data or personal profile;
g. Will not directly or indirectly connect with fillowing goods or service, or contains descriptions of them:
1: Items or services forbidden by the agreement; 2: Items or services that you have no right to connect or contain. Otherwise, you agree not to: 1. Use "Service" in any chain letters, a large number of random e-mail, junk mail or copy and additional informations;
2: use "Service" to collect others e-mail addresses and other informations without their agreement;
3: use "Service" to make false e-mail address or try to mislead others on the indentity or resource of senders in other forms.
5.4 Forbidden Items
You can not publish on the Site or trade throgh the Site: 1: any item may cause the company violate related laws, legislations, regulations or rules; 2: any item that the Site think should be forbidden or not suitable to trade on the Site.
6. License right of use you grant to the company
You give us exclusive, universal, permanent, free license right of use(have re-licensing right at various levels) so that the company has right(in whole or in part) to use, copy, revise, modify, publish, translate, transmit, perform or disply your profile or make its derivative works, and/or add it to other works by any forms, media or technology current known or future developed.
7. Privacy
Though there is license right of use as cluse 6, the Site will use "Your Profile" according to the privacy. All clsudes of the statement are part of the Agreement, so you have to read it carefully. Please pay attention that once you willing disclose your Profile on the Site, it may be collected and used by others.
8. Transaction Procedures
8.1 Add product description. Product descriptions are words, photos and/or pictures you provided to disply on the Site, it can be 1: descriptions of products you have or want to sell; 2: descriptions you are looking for. You can publish description of any type of product or two types of products at one time, the condition is you should choose its right category. The Site takes no responsibility to the accuracy and content of the description. 8.2 Consult on business
The parties of business consult on the Site by specific offer and counteroffer. If all parties received the offer and counteroffer, the involved members have to close the deal. Offers and promise shall not be retracted except special conditions, such as users substantively modified products description or clear any text error after making offers, you can not confirm the involved users identity and so on.
8.3 Deal with business disputes
The company will not and can not be involved in the business. If you have disputes with one or more than one user or with third-party suppliers got services through the Site, you should relieve responsibility of the Site(and company agent and employees) for various types and properties(practical and consequential ) of claims, request and damage caused by these disputes or related with the disputes.
8.4 Use common sense
The company shall not and will not try to control other users' profiles provided through "Service". In itself, profiles of other users may be offensive, haemful or inaccurate, and in some cases may contains of wrong identity specification or add identity specification fraudulently. We hope you can use common sense and will be careful and discreet while using the Site.
9. Trade system
9.1 Do not manipulate trades.
You agree not to help and use deceptive companion(subordinate customers or third-party) in order to manipulate business negotiation result with the other party.
9.2 System integrity.
You agree that you will not use any equipment, software or routine to tolerate or try to tolerate normal operation of the Site or any trades doing on the Site. You can not participate in action of adding unreasonable or disproportionate load to the Site architecture.
9.3 Feedback.
You can not take actions that may damage the integrity of information feedback system. Such as: use the second membership or third party to leave a positive feedback for you; use the second membership or third party to leave a negative feedback for other users; leave negative feedbacks(feedbacks maliciously imposed) if the user did not perform actions out of business range.
9.4 Do not make commerce use.
You agree that you will not make commerce use of any profile, including but not limited to copy any profiles displayed on the Site to make commerce use without written approval of authorized senior managers.
10. Termination and visit limit.
You agree that the Site can decide with plenipotentiary with any reason(including but not limited that the Site consider you have violate the literal meaning and spirit of the Agreement, or you do business not according to the literal meaning and spirit of the Agreement, or you do not sign in the Site with your account and password in 90 days) to terminate your "Service" password, account(or any part) or your use of the "Service" and delete and abandon your submited profile during using the "Service" in case that the Site do not charge you. If the Site charges you, you agree that the Site should carry out termination of service on the basis of reasonable suspicion and mail notification. Meanwhile, the Site can decide with plenipotentiary to stop providing "Service" or its parts with or without mail notification. You agree termination of service according to the Agreement can be carried out without prior notice, and you should admit and agree the Site can make your account invalidity or remove your account and related profiles, and/or forbid you to access further to these profiles or "Service". After the termination of account, the Site has no duty to keep it and its related informations as well as transmit any unread and unsend informations to you or the third party. Otherwise, you agree that we takes no resposibility to you or any third party for terminating access to the "Service". Clause 12, 13,14 and 22 will be valid as usual once the Agreement is terminated.
11. What are the consequences if violated rules?
Without limiting to other remedial measures, if any of following cases occurs, the company will immediately send out a warning to temporarily and permanently suspend or terminate your membership, delete all current product informations and any other profiles displayed on the Site: 1. you violate the Agreement; 2: the company can not verify or identify any profiles you provided; 3: the company believes that your behavior will cause law responsibility for yourself, users and third-party service suppliers through the company or the Site. Without limiting to other remedial measures, if you are found to be engaged in fraudulent activities involved with the company site, the Site can suspend or terminate your account.
12. Service provided "According to current level".
The company will try to make you have fun during using the Site. Unfortunately, we can not predict all technical problems or other difficulties at all times, which can cause data lost or interruption of other services. As a result, you shall know and agree that you are liable for risks of using "Service". "Service" is provided on the base of "According to current level" and "According to available". The Site asserts that it will not make any express and indicative warranty including but not limited to those are marketable and applicable to a particular purpose without infringing acts. The following are without guarantee: 1:"Service" will meet your request; 2: "Service" will not disrupt and be updated, safe and no errors; 3: the results obtained by using the "Service" will be correct and reliable; the quality of any product, service, data or other data you bought or obtained by the "Service" will meet your expectation. You decide by yourself to download or obtain any information by using the "Service", and you take all responsibilities for related risks and computer damages and data loss because of downloading these informations. Your obtained oral or written comments and information from the Site or the "Service" can not cause any guarantee if not stated in the Agreement.
13. limitation of liability
You understand and agree that the Site will not bear responsibility for damages caused by the following cases, including but not limited to damages(whether the Site has been told possibility of these damages) of profit, honor, usage, data loss or other invisible loss: 1: use or be failed to use the "Service"; 2: charges beacuse of buying or obtaning goods, samples, information or service, and receive informations or conclude business; 3: access or revise data or information without permission; 4: statements or actions of third-party to the "Service"; 5: any other things caused by any reason related to the "Service", including negligence.
14. Compensation
If the third party makes a claim(including judicial costs and costs of other professionals) to the company and its subsidiary company, branch company, directors, staff and agent because you violate the Agreement or mentioned and collected in the Agreement, or you violate laws and infringe rights of third party, you agree to compensate to the the company and its subsidiary company, branch company, directors, staff and agent in order to prevent damages.
15. Abide by the laws.
You shall abide by the laws, legislation, regulations and rules related with the use of the "Service" and the competing, buying and selling products as well as providing business informations.
16. Non-agency relationship
You and the Site are just independent contractor relationship. The Agreement has no intention of forming or create any relations as agency, partnership, joint venture, employment or concessions authorization.
17. Advertising and financial services
The items, conditions, guarantee, statement and any other things that occurred during your contact with those who make advertisement on the “Service” is only between you and them. The contact may include that you do business with them, participate in their promotional activities, pay for relevant goods or service or provide relevant goods or service. You agree that it is at your own risk of any loss or damage caused by your business contact with the people making advertisement the “Service” or caused by the people appearing on the “Service”. If you are intended to, through the “Service”, create or participate in any service related to any company, stock market, investment or securities, or if you are intended to, through the “Service”, get any news information, warning information or other materials related to any company, stock market, investment or securities, please note that we do not guarantee or are responsible for the accuracy, the usefulness or usability and the profitability of any content displayed on the website through “The service”, and we do not guarantee or are responsible for any deal or investment made by you according to the content.
18. Links
Both the “Service” and the third party can provide the link to other Web sites or resources. Since the Site can not control the other sites and resources, we have no responsibility to the usability of these web sites and resources. We do not endorse and are not responsible for the validity of any content, advertising, product, service or information from side linking websites and resources. The Site is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, product, service or information from the linking websites.
19. Notice
All the notices should be sent by email, unless we have otherwise expressly provide. The email address of CNMAKE.CC is zzsw@cnmake.cc. Your email address is the one that you provided during your registration or other address provided by the relevant party. After 24 hours that the email is sent, the notice is considered as being received by the addressee, except that the addresser is informed of invalidity of the email address. Otherwise, we will send a postage forward registered email with return receipt requested to the address that you provided during your registration. In this case, the notice is consider as being received after three days that the email is sent to you.
20. Force majeure
The CNMAKE.CC has no responsibility for any delay or failure of carrying out the contract, if it is caused by the factors outside the reasonable control of our company, such as natural disasters, strike or disturbance, shortage of necessities or rationing, riot, act of war, act of government, breakdown of the communication equipments or other equipments and serious casualty accidents.
21. Transference
The Agreement can be transferred by the Site without your consent.
22. Other regulations
This agreement replaces the written or oral contracts previously made for the same items. Any aspect of the contract is regulated by the Law of PRC in the mainland. If any item in this agreement is judged as invalid or enforceable, this item should be withdrawal, while the other part of the agreement should be fulfilled. The title of the item is set to facilitate your consulting and reading the agreement, and it does not define, restrict, explain or describe the scope and limits of any item. If our company does not take any action responding to your nonperformance, it does not indicate that we will give up the right to take actions to the deal with the breach of contract.
23. Litigation
According to the Law of P.R.C., people should lodge a complain to the People’s Court of Qiaoxi District, Shijiazhuang, Hebei, who want to settle up the dispute caused by this agreement or by the services provided by our company.