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TERMS AND CONDITIONS OF SERVICE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE BEFORE
USING THIS SITE. By continuing to access or use this site, or any service on this
site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE.
Market Avenue reserves the right to amend, remove, or add to these terms and
conditions at any time. Such modifications shall be effective immediately.
Accordingly, please continue to review these terms and conditions of service
whenever accessing or using this site. Your use of the site, or any service
on this site, after the posting of modifications to these terms and conditions
of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE,
as modified. If, at any time, you do not wish to accept the terms and conditions
of service, you may not use the site. Any terms and conditions proposed by
you which are in addition to or which conflict with these terms and conditions
of service are expressly rejected by Market Avenue and shall be of no force
or effect.
Content
You understand that all postings, messages, text, files,
images, photos, video, sounds or other materials ("Content")
posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person
from
whom such Content originated. More specifically, you are entirely responsible
for all Content that you post, email or otherwise make available via the
Service. You understand that Market Avenue does not control, and is not responsible
for Content made available through the Service, and that by using the Service,
you may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, that you may not rely on said
Content, and that under no circumstances will Market Avenue be liable in
any
way for any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted emailed or otherwise made available via
the Service.
You acknowledge that Market Avenue does not pre-screen or approve Content,
but that Market Avenue shall have the right (but not the obligation) in its
sole discretion to refuse, delete or move any Content that is available via
the Service, for violating the letter or spirit of the Terms or for any other
reason.
You acknowledge and agree that Market Avenue may, in its sole discretion,
preserve or disclose Content, as well as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: comply
with legal process; enforce the Terms; respond to claims that any Content violates
the rights of third-parties; or protect the rights, property, or personal safety
of Market Avenue, its users or the general public.
Although Market Avenue does not claim ownership of content that its users
post by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to Market Avenue an irrevocable, perpetual, non-exclusive, fully paid, worldwide license
to use, copy, perform, display, and distribute said Content and to prepare
derivative works of, or incorporate into other works, said Content, and to
grant and authorize sublicenses of the foregoing. Additionally, you will defend
and indemnify Market Avenue from any third party claim related to a breach
of any of the foregoing representations and warranties.
Content displayed on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights laws, and international
conventions. You agree not to reproduce, duplicate or copy Content from the
Service, and agree to abide by any and all copyright notices displayed on the
Service.
Conduct
You agree not to post, email, or otherwise make available Content:
That is
unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic,
libelous, invasive of another's privacy, or harms minors
in any way; that
harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race,
ethnicity, age, or disability; that impersonates any person or entity,
including, but not limited to, a Market Avenue employee, or falsely
states or otherwise
misrepresents your affiliation with a person or entity; that includes
personal or identifying information about another person without that
person's explicit
consent; that is deceptive, misleading, deceitful, or constitutes "bait
and switch"; that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do not have
a right to make available under any law or under contractual or fiduciary
relationships; that constitutes or contains unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation; that includes links to
commercial services or web sites, except as allowed in "small business
ads"; that advertises for sale weapons or explosives; controlled
substances (including but not limited to) tobacco products, alcoholic
beverages, pharmaceuticals,
illegal drugs; stolen or counterfeit items; goods or services that
do not in fact exist; items that violate or infringe the rights of
others;
any
items you do not have the right to sell; any dangerous items. that
contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; that disrupts the normal flow of dialogue
with
an excessive number of messages (flooding attack) to the Service, or
that otherwise negatively affects other users' ability to use the Service;
that
employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through
the Service; Additionally, you agree not to:
- contact anyone who
has asked not to be contacted.
- "stalk" or
otherwise harrass anyone
- collect personal
data about other users for commercial or unlawful
purposes.
- use automated means,
including spiders, robots, crawlers, data mining tools, or the like to
download data from the Service - exception
is made for internet
search engines (e.g. Google or Teoma) and non-commercial public
archives
(e.g. archive.org).
Limitations on service
You acknowledge that Market Avenue may establish limits concerning use of
the Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that Market Avenue has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that Market Avenue
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that Market Avenue shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
Termination of service
You agree that Market Avenue, in its sole discretion, may delete or deactivate
your account, block your email or IP address, or otherwise terminate your access
to or use of the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any reason, including,
without limitation, if Market Avenue believes that you have acted inconsistently
with the letter or spirit of the Terms. Further, you agree that Market Avenue
shall not be liable to you or any third-party for any termination of your access
to the Service. Further, you agree not to attempt to use the Service after
said termination.
Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree
that Market Avenue shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings.
Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Any reproduction, modification, creation of derivative
works from or redistribution of the Sites is prohibited. Copying or reproducing
the sites or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited. User may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code contained
in the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect
of the Service. Market Avenue is Hong Kong registered company
Disclaimer of Warranties & Limitation of Liability
You understand and agree that:
- Market Avenue
disclaims all warranties of any kind, whether express or implied.
- The Service
is provided on an "as is" and "as available" basis.
- Your use
of the Service is at your sole risk, and Market Avenue shall not be liable
for any direct, indirect, incidental, special,
consequential
or exemplary
damages (even if Market Avenue has been advised of the possibility
of such damages), resulting from any aspect of your use of
or interaction with the
Service.
- Any warranty not
set forth in this Terms document, including any set forth by Market Avenue employees, will be invalid.
- If any of the above
provisions are void under governing law, our liability shall be limited
to the extent permitted by
law.
Indemnity
You agree to indemnify and hold Market Avenue, its officers, and its employees,
harmless from any claim or demand, including reasonable attorney fees, made
by any third party due to or arising out of Content you submit, post or make
available through the Service, your use of the Service, your violation of the
Terms, or your violation of any rights of another.
General information
The Terms constitute the entire agreement between you and Market Avenue and
govern your use of the Service, superceding any prior agreements between you
and Market Avenue. The Terms and the relationship between you and Market Avenue
shall be governed by the laws of Hong Kong without regard to its conflict of
law provisions. You and Market Avenue agree to submit to the personal and exclusive
jurisdiction of the courts located within Hong Kong SAR. The failure of Market Avenue to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms remain
in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the Terms must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
Violations of Terms
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to mailto:market#Market Avenue.cn
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