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Terms of Use

Term of Use Agreement

 

Welcome to this site (hereafter referred to as "Site") of Xpeedic Co., Ltd.("Xpeedic"). Through the Site, Xpeedic provides services and materials designed to aid our customers. Your access and use of the Site, along with any services or materials contained or referenced herein, is governed by and subject to the following Terms of Use Agreement (hereinafter referred to as the "Agreement"), as well as all applicable laws. Please review the Agreement carefully before using the Site. By accessing, using or downloading any materials from the Site, you agree to be bound by the terms and conditions in the Agreement.

 

1. User representations

You agree to review this Agreement prior to accessing any information or obtaining any documents from the Site. As Xpeedic continues to grow, our company policies or business practices may change. If our policies or practices require changes to this Agreement, we will make such changes by updating this Agreement online. If we revise the Agreement, you will not be notified individually. Thus, we strongly advise you to periodically check this Site to and review any changes. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AS MAY BE AMENDED FROM TIME TO TIME.

 

2. Copyright and trademarks

2.1 Copyright. The material you are downloading is copyrighted by Xpeedic Co., Ltd. and its licensors. All rights reserved. This work may not be copied, modified, re-published, uploaded, executed, or distributed in any way, in any medium, whether in whole or in part except pursuant to express license terms agreed upon by Xpeedic and you.

 

2.2 Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of Xpeedic and its affiliates, and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Xpeedic or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Xpeedic will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.

 

3. Content and liability disclaimer

3.1 Liability. Your use of the Site is at your own risk. While Xpeedic strives to include accurate and up-to-date information on the Site, Xpeedic makes no warranties or representations as to its accuracy, nor as to its decency, copyright compliance, or legality. Xpeedic and its affiliates, as well as any other party involved in creating, producing, or delivering the Site, specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site, or any of the forms, documents or agreements contained on the Site. In particular, but without limiting the foregoing, Xpeedic, its affiliates, and any other party involved in creating, producing, or delivering the Site, are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE. Without limiting the foregoing, everything on the Site, including, but not limited to the materials and services, is provided to you "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. XPEEDIC DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

3.2 No substitute for professional advice. The forms, agreements, and documents within the Site, or available through the Site, may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from state to state. You assume any, and all responsibilities and obligations with respect to any decisions made or advice given as a result of the use or selection of any information, program, or document obtained from the Site.

 

3.3 Links. The Site may contain links to third-party Internet sites. The linked sites are not under the control of Xpeedic. Xpeedic is not responsible for the content of any linked site, including, but not limited to, additional links found therein. Xpeedic reserves the right to terminate any link or linking program at any time. Xpeedic does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.

 

4. Indemnification

You agree to indemnify Xpeedic and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys' fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, but is not limited to, any claim of libel, defamation, obscenity, negligence, violation of rights of privacy or publicity, loss of service by other users of the Site, property damage, and infringement of intellectual property or other rights. Xpeedic will notify you promptly of any claim for which it seeks indemnification. You will be afforded the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to Xpeedic interests, as reasonably determined by Xpeedic.

 

5. Submission of information and materials on the site

Xpeedic does not want you to submit confidential or proprietary information on this Site. Any information or materials you provide will deemed not to be confidential. By sending information or materials to Xpeedic you grant Xpeedic an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit or distribute those materials or information. You also agree that Xpeedic is free to use any ideas, concepts, know-how or techniques that you send to Xpeedic. Any information disclosed in chat rooms, forums, message boards, and news groups becomes public information. We will collect such information as you choose to disclose. Any postings to chat rooms, forums, message boards, contests, or similar information you submit, as well as any computer code, bug fix, or other creative idea you provide, shall be deemed, and shall remain, the property of Xpeedic. Xpeedic shall use such information without restriction as it sees fit throughout the world.

 

6. Partners and third-party vendors

6.1 The Site allows interactive transactions and access to the sites of Xpeedic's partners and other third-party vendors (collectively "Vendors") from which you may purchase certain goods and services. Xpeedic does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise stated, Vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. Xpeedic is not a party to any transactions between you and the Vendors. Xpeedic cannot and does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information you might transmit to a Vendor. You are strongly encouraged to investigate and make whatever inquiries you feel are necessary or appropriate before proceeding with any online or offline transaction with a Vendor.

 

6.2 All rules, policies (including privacy policies), and operating procedures of Vendors will apply to you while you are on the Vendors' sites. Xpeedic is not responsible for the information you provide to the Vendors. Vendors and Xpeedic are independent contractors and neither party has any authority to make any representations or communications on behalf of the other.

 

7. Accuracy of information

Information provided on this Site, including information concerning any products or their use, is deemed reliable, but is not guaranteed to be accurate. All listings and information are subject to change without prior notice.

 

8. Copyright infringement policy

Xpeedic may, in appropriate circumstances, terminate your license to use the Site and/or your account(s) if it determines in its sole and absolute discretion that you are involved in infringing activity, including acts or first-time or repeat infringement, regardless of whether the material is ultimately determined to be infringing.

 

Xpeedic accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, please submit a written notice to our designated copyright agent: support@Xpeedic.com. 

 

The notice MUST contain the following information:

 

A description of the copyrighted work that you claim has been infringed, including the exact location where the copyrighted work exists or a copy of the copyrighted work;

A description of the location on the Site of the material that you claim is infringing, reasonably sufficient to permit Xpeedic to locate the material;

Your address, telephone number, and email address;

A statement that you have a good-faith belief that the disputed use is not authorized by you (if you are the copyright owner), or is not authorized by the copyright owner, its agent, or the law;

A statement from you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or you are authorized to act on the copyright owner's behalf; and

Your electronic or physical signature.

9. Applicable law

These Terms of Use shall be treated as though they were executed and performed in Shanghai, China, and shall be governed and construed in accordance with the laws of China. The language in this Agreement shall be interpreted in a neutral manner and in accordance with their fair meaning. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in Shanghai, China. You expressly submit to the jurisdiction of the federal and state courts located Shanghai, China, and you consent to extra-territorial service of process. Xpeedic and its affiliates make no warranties or representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

11. Export

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, you represent that you are not in a country where such export is prohibited and that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of specially-designated Nationals. Any goods, technology or services of Xpeedic provided to you through this site are provided in accordance with U.S. Export Regulations, diversion contrary to U.S. law is prohibited. ECN: 3d991

 

12. Passwords

If you elect to register and obtain a password, you represent and warrant that you will not transfer your password, as it is not transferable.

 

13 Parental controls

Pursuant to 47 U.S.C. Section 230 (d), as amended, please be advised that parental control protections (such as computer hardware, software, or filtering services) that limit access to material harmful to minors are available for you to download to your computer or purchase. Information identifying current providers of such protections is available at: www.asacp.org.

 

To view our policy regarding the privacy of personal information related to children under the age of 13, please read our Privacy Policy.

 

14. Miscellaneous

For information on our Privacy Policy, click here. The terms of the Privacy Policy are incorporated by reference into this Agreement. In the event that any term or statement elsewhere on this Site conflicts with or is contrary to this Agreement, this Agreement shall control. All rights not expressly granted to you in this Agreement are reserved to Xpeedic. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You are responsible for compliance with the laws of your local jurisdiction. If any portion of this Agreement is determined to be invalid or unenforceable, all other terms of the Agreement will remain valid and enforceable. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right of that party to enforce such provision or any other provision.