| TERMS AND CONDITIONS
OF USE
Introduction
1. These Terms and Conditions
of Use are intended for all individuals ["Users"]
who access and/or enter into any part of the
Company's web site known as NexC ["Site"].
2. The Company reserves the
right to amend and/or add, delete all provisions
mentioned below and other information within
these Terms and Conditions of Use, from time
to time without notice. In this respect the
Company advises all Users to check these Terms
and Conditions of Use at regular intervals.
The Terms and Conditions of Use were last
updated in [August] 2001.
General use of the Site
1. Users, by clicking on the
accept button, warrant that they possess the
legal authority to enter into a legally binding
contract and use the Site in accordance with
these Terms and Conditions of Use. Users agree
to be totally responsible, including financially,
for the use of the Site (as well as the use
of Users' accounts by others including without
limitation, minors living with such Users).
Users also agree to supervise all usage by
minors of the Site.
2. The information available
on or from the Site are to be used for non-commercial
purposes. Any unauthorized commercial use
of the information or services provided through
the Site or resell of these services is expressly
prohibited. By accessing the Site and down
loading any information from the Site, the
Users agree to do such, but subject to the
Terms and Conditions of Use.
3. Users agree not to post
or transmit any message, information, data,
text, software or images or other materials
that are unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, vulgar, obscene,
otherwise objectionable or that may invade
another's right of privacy or publicity.
4. Users agree not to impersonate
any person or entity, including without limitation
a Company employee or agent, an authorized
User of the Company's services, a candidate,
placement specialist or an employer; or otherwise
misrepresent their affiliation with any person
or entity.
5. Users agree not to post
or transmit any information and/or material
that such Users have no right to reproduce,
display or transmit under applicable national
and international law, contractual or fiduciary
relationships (for example, a resume not belonging
to the User but to another individual).
6. Users agree not to delete,
modify or alter any material posted by any
other Users or entity not related to them.
7. Users agree not to copy
or use any Personally Identifiable Information
about candidates for employment for purposes
other than consideration of the candidates
for potential employment by their companies.
8. In respect to the security
of the Site, Users are prohibited from violating
or attempting to violate the security of the
Site, including without limitation:
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(a) Accessing or attempting
to access data not intended for Users' use
or logging or attempting to log on to a server
or another User's account, which the Users
are not authorized to access;
(b) Attempting to probe, scan
or test the vulnerability of a system or network
or to breach the security or authentication
measures of the Site without authorization;
(c) Attempting to interfere
with the service of any other Users, hosts
or networks, including without limitation,
submitting a virus to the Site, overloading,
flooding, spamming, mailbombing or crashing
or such other acts, which are intended to
disrupt the functionality of the Site;
(d) Sending unsolicited e-mail,
including promotions and/or advertising of
products or services; and
(e) Forgoing any TCP/IP packet
header or any part of the header information
in any e-mail or newsgroup posting.
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9. Users agree to abide by
all applicable national and international
laws and regulations and be solely responsible
for all acts and omissions that occur consequent
to their use.
10. Users agree not to use
the Site in order to transmit, distribute,
store or destroy materials in violation of
any applicable law or regulation, in a manner
that will infringe the copyright, trademark,
trade secret or other intellectual property
rights of others or violate the privacy, publicity
or other personal rights of others, or that
may be libelous, obscene, threatening, harmful,
vulgar, abusive or hateful.
Specific Prohibited Uses
1. In addition to the above
stated terms in relation to the general use
of the Site, Users agree that the Site and
its services may be used by them for lawful
purposes only. The Company specifically prohibits
use of the Site by Users on any of the following:
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(a) Posting any incomplete,
false or inaccurate biographical information
or other misleading information or misrepresentation,
which is not their own accurate resume;
(b) Posting any business opportunity
including, but not limited to distributorship
or sales representative agency arrangement,
which requires up front or periodic payment,
and/or business opportunity to pay commission
only (without any significant salary) or requires
recruitment of members, sub-distributors or
sub-agents;
(c) Deleting, revising or
in any way altering any material posted by
any other Users or entities;
(d) Taking any action that
in any way creates or imposes an unreasonable
or disproportionately large load on the Site's
infrastructure, creating interference with
the proper workings of the Site;
(e) Using or attempting to
use any engine, software, tool, agent or other
device or mechanism to navigate or search
the Site other than the search engine and
search agents available from the Company on
the Site and other generally available third
party web browsers (e.g., Netscape Navigator,
Microsoft Internet Explorer). The use of spiders,
rights, intelligent agent are expressly prohibited;
and
(f) Framing of or linking
to any of the materials or information available
from the Site.
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Miscellaneous
1. The Company does not represent
or guarantee the truthfulness, accuracy, or
reliability of communications posted by its
Users or endorse any opinion expressed by
Users. Users acknowledge that any reliance
on material posted on the Site by other Users
will be at their own risk.
2. The Company acts as a passive
conduit for the online distribution and publication
of User-submitted information. The Company
has no obligation to screen communications
in advance and is not responsible for screening
or monitoring material posted by Users. If
notified by a User of communications, which
allegedly do not conform to these Terms and
Conditions of Use, the Company may investigate
the allegation and determine, in good faith
and sole discretion, whether to remove or
request the removal of the communications.
The Company has no liability or responsibility
to the Users for performance or non-performance
of such activities. The Company reserves the
right to expel Users and prevent their further
access to the Site for violating these Terms
and Conditions of Use, or any relevant law,
and the right to remove communications, which
are abusive, illegal, or disruptive.
3. By submitting content to
any public area of the Site, including message
boards, forums and chat rooms, promotions
and contests, Users grant the Company and
its affiliates the royalty-free, perpetual,
irrevocable, non-exclusive right (including
any moral right) and license to use, reproduce,
modify, adapt, publish, translate, create
derivative works from, distribute, communicate
to the public, perform and display the contents
(in whole or in part) worldwide and/or to
incorporate them in other works in any form,
media, or technology now known or later developed,
for the full term of any right that may exist
in such contents. Users also warrant that
the holder of any right, including moral rights
in such contents, has completely and effectively
been waived.
4. Users agree to indemnify
and hold the Company, its holding company
and all its subsidiaries and affiliates, officers,
and employees harmless of any claim or demand
asserted by a third party due to or arising
from the use or conduct on the Site.
5. In any event, the Company
reserves the absolute right to refuse or cease
to provide it's Users services that it provides
through the Site at its discretion, if the
Company believes that the relevant Users'
conducts violate applicable law or is harmful
to the interests of the Company and other
Users.
Registration and Password
1. Users are responsible for
maintaining the confidentiality of their personal
information and password. Users shall be responsible
for all use under their registration, whether
or not authorized by them. Users agree to
immediately notify the Company of any unauthorized
use of their registration or password.
Force Majeure
1. The Company will not be
held liable for any damage or loss arising
from an act of Force Majeure. "Force
Majeure" shall mean all and any event,
which are beyond the control of the Company
or any of its affiliates, subsidiaries or
service partners - which are unforeseen and
unavoidable and arise after the date hereof,
which prevent total or partial performance
of the Company's obligations or those of any
of its related companies. Such an event shall
include earthquakes, typhoons, flood, natural
disaster or fire, strikes, dangers incidental
to sea, land and air travel, government action,
civil war, industrial disputes, power failure,
hardware and or system failure, malfunction
or breakdown, failure of Internet transmission
or links, system hacking, software contamination
or corruption, howsoever caused. If an event
of Force Majeure occurs, the Company's contractual
obligations shall be suspended during the
period of delay caused by the Force Majeure
and shall be automatically extended without
penalty for a period equal to such suspension.
Entire Agreement
1. These Terms and Conditions
of Use contain the entire agreement between
the Company and the Users relating to the
use of the Site and supersedes any prior understandings
or agreements (whether oral or written) regarding
the subject matter; and may not be amended
or modified except in writing.
2. These Terms and Conditions
of Use shall be deemed severable. In the event
that any provision is determined to be unenforceable
or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted
by applicable law, and such determination
shall not affect the validity and enforceability
of any other remaining provisions.
Intellectual Property
1. All contents on the Site
are properties of the Company. The Company's
trademark is registered under the laws of
the Special Administrative Region of the People's
Republic of China, Hong Kong ("Hong Kong")
and other jurisdictions, unauthorized use
including copying, reproduction, modification,
distribution, transmission, re-publication
or display of any of the information available
from the Site is strictly prohibited.
No Assignment
1. Users may not assign, convey,
subcontract or delegate their rights, duties
or obligations hereunder.
Disclaimer
1. No Warranty on Accuracy
of Information: The information, products
or services included or available through
the Site may include inaccuracies or typographical
errors. Any advice received via the Site should
not be relied upon for personal, medical,
legal or financial decisions and Users should
consult an appropriate professional for specific
advice tailored to their situation. However,
the Company undertakes to make all reasonable
efforts to ensure the accuracy of all information
shown on the Site. The Company and/or its
employees and/or respective service partners
cannot accept responsibility for any User
who may regard information posted on the Site
as offensive, harmful, inaccurate or deceptive.
The Company makes no claims or warranties
as to the truthfulness, authenticity and or
accuracy of any information provided by other
Users on the Site.
2. Usage: Each User must be
an individual who can form legally binding
contracts under applicable law. The Company
asks minors not to submit any personal information
to us. Minors can use the services only in
conjunction with their parents' or guardians'
consent. The Company is under no obligation
to minors who attempt to contract to use our
services. Please do not use the Site services
if you do not qualify.
3. Links With Third Party
Sites: The Site may contain links to other
web sites ("Linked Sites"). The
Linked Sites are not under the control of
the Company and the Company is not responsible
for the contents of any Linked Site, including
without limitation any link contained in a
Linked Site or any change or update to a Linked
Site. The Company is providing these links
to Users for their convenience and the inclusion
of any link does not supply endorsement of
the Company of such web site or any association
with its operators.
4. Privacy Policy: The Company's
current Privacy Policy and disclaimers therein
is available to every User and is incorporated
herein by reference and each User irrevocably
and unconditionally accepts the terms, thereof.
5. No Warranty: The Company
provides the Site and the services on an "as
is" and "as available" basis.
The Company provides no other warranty or
condition, express, implied, or statutory.
The Company and its suppliers and fulfillment
partners specifically disclaim any implied
warranties of title, merchantability, fitness
for a particular purpose and non-infringement
of any right (intellectual or otherwise) in
respect to any item on the Site.
6. Access and Interference:
The Company does not and cannot warrant that
the Site will not be interrupted by third
parties who may attempt to use any device,
software or routine to interfere or attempt
to interfere with the proper working of the
Site. The Company does not warrant or guarantee
continuous, uninterrupted or secure access
to the services and/or non-interefence of
the Site and its operations by any matter
of a force majeure nature.
Governing Law and Jurisdiction
1. These Terms and Conditions
of Use shall be governed by the laws of Hong
Kong and each User consents and submits to
the non-exclusive jurisdiction of the Hong
Kong courts.
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