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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Service Agreement (the “Agreement”) describes the terms and conditions applicable to your use of the web site operated by Alibaba Group Holding Limited (“Alibaba” or “We”) which is identified by the uniform resource locator www.alizila.com (the “Site”). This Agreement is entered into between you as the user of the Site (the “User”) and Alibaba.
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’ rights on the use of the Alibaba Content (as defined below):
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 Alibaba Content, mass mailing (via e-mails, wireless text messages, physical mail or otherwise), or otherwise commercially exploiting Alibaba Content or using it in ways that conflict with the interests of Alibaba. 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.
b) In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Users are permitted to copy, reproduce, download, transmit or distribute any information, content, news, reports, programs, text, images, video or audio clips available on the Site for their own personal, internal or non-commercial education purposes, and for use in social media and/or public news websites (“Permitted Use”). Such Permitted Use is not a transfer of title and users may not modify the materials, or remove any copyright or other proprietary notations from the materials. Any such Permitted Use must bear the following credit line: “This content was originally published on Alizila (http://www.alizila.com/), Alibaba Group’s corporate news website”. Any user’s right of Permitted Use shall automatically terminate if a user violates any of these restrictions and upon termination, such user must destroy any downloaded materials in his possession or control. Notwithstanding the Permitted Use, at no time may any user operating a business that competes with Alibaba use Alibaba Content for any purpose without express written permission from Alibaba.
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 yours. 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
Certain areas of the Site may enable you to post comments. This service is provided free to Users and may be terminated at any time without notice. By posting comments, you agree that Alibaba has the right to refuse to post or remove, edit or abridge any posting for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, all at Alibaba’s sole discretion. You agree to be fully responsible for your own postings and agree to make comments at your own risk on an as-is basis. Although we do not have any obligation to monitor these comments, we reserve the right at all times to delete any content that is unlawful, libelous, defamatory, vulgar, pornographic, abusive, indecent or otherwise objectionable to us at our sole discretion and to disclose any information necessary to satisfy the law, regulation or government request. We also reserve the right to permanently ban any user who violates these terms and conditions. You agree to indemnify and hold Alibaba Group and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your postings and any material contained therein, including, without limitation, any material posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy.
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 solely 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 or as expressly permitted in this Agreement, 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”, “ALIEXPRESS”, “ALIPAY”, “ALIPAY.COM”, “TAOBAO”, “TAOBAO.COM”, “ALIBABA CLOUD COMPUTING”, “TMALL.COM” and related icons and logos are registered trademarks or trademarks or service marks of Alibaba in various jurisdictions. 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 (save for the publication of those trademarks or service marks embedded within the Alibaba Content under the Permitted Use and in any event, modification of such trademarks or service 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, 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, 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.