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This
Terms of Use Agreement ("Agreement") is a legal agreement
between you ("User") and Jidou Limited ("Jidou").
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING AND USING
JIDOU.COM.HK WEBSITE OR ANY OTHER WEBSITES OWNDED BY JIDOU (collectively,
"Jidou Websites"). By accessing and using Jidou Websites,
User acknowledges that he or she has read, understood and agrees
to comply with the terms and conditions stated within this Agreement.
Jidou reserves the right, to change, modify, add or delete portions
of these terms and conditions periodically at its sole discretion.
PRIVACY
Jidou collects information about the Users of its websites. Collection
of this information is governed by the Jidou Online Privacy Policy,
which may be accessed at http://www.jidou.com.hk/privacy_policy.htm.
USER CONDUCT
Users agree that all the information posted or accessed on Jidou's
websites are for personal use only. There may be no commercial
or other unauthorized use of any interactive features available
on this website. Users may not engage in any conduct or action
that is unlawful, or harms Jidou or any other person or entity,
as determined in its sole discretion.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks
(collectively, "Marks") used or referred to on Jidou
Websites are the property of Jidou, unless otherwise noted. User
is strictly prohibited from using, copying, reproducing, republishing,
uploading, posting, transmitting, distributing or modifying Marks
in any way and on any other websites without Jidou's prior written
permission.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on Jidou Websites are copyrighted by Jidou
except where explicitly noted otherwise.
User acknowledges and agrees that content, including but not limited
to text, software, music, sound, photographs, video, design, graphics,
movie trailers, film clips or other material contained on Jidou
Websites ("Content") is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. User
understands and agrees that User is strictly prohibited from copying,
reproducing, republishing, distributing, modifying or creating
derivative works from this Content or otherwise using, transmitting,
uploading, rebroadcasting or publishing in any form this Content
other than as expressly authorized by this Agreement without Jidou's
prior written permission.
LINKS TO THIRD PARTY SITES
The Jidou Websites may contain links to third party websites,
which are not under the control of Jidou. Jidou makes no representations
whatsoever about any other website to which you may have access
through the Jidou Websites. When you access a third party website,
you do so at your own risk and acknowledge that Jidou is not responsible
or liable for any content, advertising, products or other materials
available from such third party sites. User also agrees that Jidou
shall not be liable for any loss or damage of any sort incurred
as the result of using any third party's web site. Mention of
third party companies and websites on the Jidou Websites is for
informational purposes only and does not constitute an endorsement
or recommendation.
SOFTWARE DOWNLOADS
Any software that is made available to download ("Software")
from the Jidou Websites is the proprietary and copyrighted work
of Jidou and/or its third party suppliers. Use of the Software
is governed by the End User License Agreement, which accompanies
or is included with the Software ("License Agreement").
An end user license to use any Software is conditioned upon Jidou's
acceptance of the end user's purchase order and the end user's
review and agreement to, and compliance with, the License Agreement
terms. Jidou, at its sole discretion, reserves the right to reject
any purchase order or license for any reason.
Jidou and/or its respective third party suppliers may make improvements
and/or changes in the Software at any time without notice. Jidou
may cease offering the Software for download or discontinue any
member site of Jidou Websites at any time without notice. Jidou
assumes no obligation with respect to supporting Jidou Websites
or Software, except as expressly set forth in the License Agreement.
THE WEBSITE IS OFFERED FOR USE "AS
IS" WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, JIDOU
HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND
WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES
THAT JIDOU SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO
USE, JIDOU WEBSITES, OR RESULTING FROM ANY ERRORS OR OMISSIONS
IN THE CONTENT OF JIDOU WEBSITES, REGARDLESS OF THE BASIS UPON
WHICH LIABILITY IS CLAIMED, EVEN IF JIDOU HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Jidou makes no
warranty that Jidou Websites will meet your requirements or that
it will be uninterrupted, timely, secure or error free; nor does
Jidou make any warranty as to the results that may be obtained
from the use of Jidou Websites or as to the accuracy or reliability
of any information obtained through Jidou Websites. USER UNDERSTANDS
AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF JIDOU WEBSITES IS DONE AT USER'S OWN RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, JIDOU PROVIDES JIDOU WEBSITES
CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY
LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL JIDOU OR ITS SUPPLIERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE JIDOU WEBSITES CONTENT,
EVEN IF JIDOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
INDEMNIFICATION
User agrees, at User's expense, to indemnify, defend and hold
harmless Jidou, its officers, directors, employees, agents, affiliates,
distributors and licensees from and against any judgment, losses,
deficiencies, damages, liabilities, costs and expenses (including
reasonable attorneys' fees and expenses) incurred in connection
with any claim, demand, suit, action or proceeding arising out
of User's breach of this Agreement or in connection with User's
use of Jidou Websites or any product or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and Jidou shall
be governed by and construed in accordance with the laws of the
Hong Kong Special Administrative Region (HKSAR). Any controversy
or claim arising out of or relating to this Agreement or relating
to use of Jidou Websites and the material contained in Jidou Websites
shall be resolved in a HKSAR court. User agrees that, regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to this Agreement must be filed within
one (1) year after such claim or cause of action arises or will
be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement
will not constitute a waiver of any subsequent breach or right.
If any provision of this Agreement is found to be invalid or unenforceable
by a court of competent jurisdiction, such provision shall be
severed from the remainder of this Agreement, which will otherwise
remain in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
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