Please read the following agreement carefully before register this website! Please pay more attention to provisions that exclude or limit liability and terms of law and jurisdiction.
Published on Feb. 18, 2019(First Version)
Welcome to chinacreation.net website, a global trade service website, owned and operated by People's Livelihood and Technology in Beijing of Prosperous China Co., Ltd.(hereinafter referred to as "PLTBPC").
As some or part of the services may be supported and provided by affiliates of Chinacreation.net, Chinacreation.net may delegate some of the services to its affiliates.
This document comes into being the terms and conditions of the Chinacreation.net User Agreement (this "Agreement") between you (“user”) and "PLTBPC" ("Chinacreation.net"), and explains the terms and conditions applicable to your use of Chinacreation.net for whatever purpose.
1. Register and Acceptance
1.1 Registration Criteria
Users must satisfy the following registration criteria:
(1) Legal enterprise that does not Illegal activities;
(2) Legal busyness organizations;
(3) The person who is over 18 years old and has full capacity for civil conduct and are able to assume legal responsibilities independently. If you do not meet above conditions, you will not use the Chinacreation.net. Otherwise, you and your guardian Should take the risk and all consequences resulting from your use Chinacreation.net.
1.2 Register and Come into Force
If you represent a business entity register on Chinacreation.net, you warrant and agree that you have the authority to bind the entity to this Agreement, and you must provide some evidence.
The Chinacreation.net User Agreement will not have an effect on you unless you have activated your Account.
if you do not accept all of the terms and conditions, please do not use the service.
1.3 Protocol Specification
Chinacreation.net has right to change, update, amend and restate user agreement at any time any conditions, without any prior notice to you. The amended and restated Agreement shall be valid and effective immediately upon posting on Chinacreation.net. Your continuous use of our service means that you have deemed accept the changed terms.
Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the Service, or any new function that augments or enhances our Service shall be compliance with this Agreement.
2.1 Member will spend some money on Chinacreation.net for the certain and/or special services, including but not limited to advertising, trade or membership services. The charge item will be presented in additional terms and conditions under separate agreements in addition to this agreement.
2.2 Chinacreation.net reserves the right to claim a fee at any time for the Service or any feature or functionality of the Service in its sole discretion.
2.3 Chinacreation.net reserves the right to modify the charging clause without prior notice you and would post the changed clause on Chinacreation.net immediately.
2.4 If you do not accept all of the terms and conditions, please contact us in time.
3. Users Obligations
3.1 Accreditation and Acceptance Agreement
Every Member hereby acknowledges, represents, warrants and agrees that You are voluntary to register on Chinacreation.net and use it, so you should be responsible for your behavior through Chinacreation.net, and undertake the due obligations.
Chinacreation.net is not responsible for the possible consequence caused by your behavior, whether you are using Chinacreation.net or not.
3.2 Safeguard Your Account and Password
Once you register successfully, you will have a set of Member ID and Pass, which is unique Member ID and Password to a single Account and no Member shall share, assign or permit the use of its Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password.
User shall Safeguard your ID and password. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to Chinacreation.net.
Each Member hereby undertakes any loss or damages (including but not limited to loss of profits) because of multiple use of an Account.
3.3 Website and Service Applications
3.3.1 Member agrees to provide all information and materials as may be reasonably required by Chinacreation.net in connection with its transactions made via the transactional platform on the Site.
3.3.2 You can post legal information on Chinacreation.net website, such as company profile, product information, contact information, company qualification, transaction information between buyer and supplier. But the information and material itself and its business references would be true, accurate, current, effective and complete.
3.3.3 Each Member hereby maintain and promptly amend all information to keep it true, accurate, current, effective and complete.
3.3.4 To the extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Chinacreation.net to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
3.3.5 Chinacreation.net reserves the right (but shall have no obligation) to filter, modify, select and/or delete any or all information it deems inappropriate.
3.3.6 Every member is responsible for (and that Chinacreation.net has no responsibility to you or to any third party for) the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information that you create, display, transmit or provide while using the Service and for the consequences of your actions (including any loss or damage which Chinacreation.net may suffer) by doing so.
The following information and activities are prohibited:
3.5.1 contain any material, behavior and constitutes that unauthorized advertising or harassment, invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
3.5.2 Involve attempt to copy, reproduce, exploit or expropriate Chinacreation.net 's various proprietary directories, content, databases and listings;
3.5.3 Involve any computer viruses, software, link or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
3.5.4 Attempt to gain unauthorized access to computer systems or Chinacreation.net networks, undermine the integrity of the computer systems or networks; upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
3.5.5 Member take any action which may undermine the integrity of Chinacreation.net 's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
3.5.6 Upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3.5.7 Harm minors in any way;
3.5.8 Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
3.5.9 "Stalk" or otherwise harass another;
3.5.10 Infringes any intellectual property rights or other legitimate rights of any party;
3.5.11 Violate any applicable national or internal laws or regulations.
3.5.12 Fail to provide the required information and materials by Chinacreation.net
Based on above Illegal and irregular acts, Chinacreation.net has the right to suspend or terminate any Member’s Account.
3.6 User Responsibilities
3.6.1 If you post any information that is untrue, inaccurate, not current or incomplete, Chinacreation.net has its sole discretion right to take some measures to suspend or terminate your Service.
3.6.2 The member who serious against the national law and regulations, provisions of Chinacreation.net is regard as suspended member. Chinacreation.net has its sole discretion, refuse providing service to the suspended member anyone at any time without any prior notice to You.
3.6.3 Each Member acknowledges, represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to: (1) act as such Member's business referee; (2) to post and publish their contact details and information, reference letters and comments on their behalf; and (3) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained anytime.
3.6.4 Chinacreation.net shall not be required to actively monitor nor exercise any editorial control any message or other material or information created, obtained or accessible through the Service.
3.6.5 Whether it is true or not, Chinacreation.net does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member.
3.6.7 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Chinacreation.net or authorizes Chinacreation.net to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
3.6.8 Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Chinacreation.net or authorizes Chinacreation.net to display.
3.7 If any Member breaches his promise, representations and warranties above, or if Chinacreation.net has reasonable reasons to believe that such Member is in breach of his promise, representations and warranties, or if upon complaint or claim from any other Member or third party, Chinacreation.net will think that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party. Chinacreation.net has reasonable reasons to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction.
4. Website right网站权利
4.1 We has only right to operate Website, any member should not interfere with our Website anytime, any condition. Chinacreation.net holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from Chinacreation.net is strictly prohibited, and PLTBPC reserves right to take legal action in the case of such activity. We reserve the right to pursue your legal responsibilities for your breach of law or Agreement.
4.2 Chinacreation.net will added or modify the service or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion.Chinacreation.net reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Chinacreation.net further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. But anyone cannot require Chinacreation.net to do something any time any condition.
4.4 To the extent permitted under applicable laws, ach Member grants to Chinacreation.net a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or supplied to Chinacreation.net for posting on the Sites and/or to incorporate such content in other works in any form, media or technology now known or developed. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4.5 No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in different countries and regions.
4.6 Even without prior notice to you, Chinacreation.net has the right at its sole discretion, to suspend, restrict or deny access to or use of your Chinacreation.net Username and services provided by Chinacreation.net Sites if you have some mistake or unlawful action as followed: (a)defraud any person or entity by using services provided by Chinacreation.net;(b)engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence; (c) engage in any activities that would otherwise create any liability for Chinacreation.net;(d) engage in any activities that would disseminate of illegal content on Chinacreation.net; (e) engage in any activities that would damage to security of Chinacreation.ne website.
4.7 Chinacreation.net reserves the right to limit certain features and functions of the platform to prescribed Members.
5.1 If you are dissatisfied with Chinacreation.net or disagree to item and condition, or for any reason, you shall be to cease using the website. But your withdrawal does not have an effect on your continued to perform contract with others if the contract is indeed existing and in the contract period, and you must shoulder the responsibility of your activities.
5.2 Chinacreation.net has the right to temporarily or permanently terminate your use of service or refuse your accessing to Chinacreation.net based on the following reasons:
5.2.1 Contain defamatory, libelous, unlawfully threatening or unlawfully harassing information;
5.2.2 Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of Chinacreation.net or others, or defraud other members of the Site for any unlawful and personal purpose;
5.2.3 Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity, do something or engage in unlawful activities in the name of others person, company or entity, such as post information or conduct business of any form, whether it (she/he)is authorized or not.
5.2.4 Contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
5.2.5 Promote discrimination based on race, sex, religion, nationality, customs, hobby, profession, disability, sexual orientation or age;
5.2.6 Act against or infringe or otherwise abet or encourage the infringement or violation or abuse of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
5.2.8 Infringe any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5.2.9 Illegal use other's id and passwords of account on Chinacreation.net
5.2.10 Post or transfer documents or materials that contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information, no matter it is deliberately or accidently.
5.2.11 Post any information or material to members that are not related to international trade or business cooperation.
5.2.12 Failure to perform contract or fulfil international cooperation.
5.2.13 Most of the important, Chinacreation.net reserves the right to terminate your Service, refuse your use of Service or refuse your accessing Chinacreation.net at any time for any reason, at its sole discretion, with or without notice, and not responsible for the consequences (including any loss or damage) of the actions by doing so.
5.3 In addition, the member has been terminated by Chinacreation.net will not receive any new information, or use the service provided by Chinacreation.net to do something.
We solemnly declare that all contents in these websites are Copyright by "PLTBPC". "PLTBPC" has only right to use the content. It is prohibited that someone use the information, including but not limited to reproduction, publish in whole or in part in any form without the prior written permission of "PLTBPC".
Chinacreation.net owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7 Liability Disclaimer
7.1 As an electronic web-based international trade platform, Chinacreation.net is PLTBPC on facilitating transactions between buyers and sellers, and provides exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers.
7.1.1 At the same time, Chinacreation.net does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site.
7.1.2 Whatsoever, Chinacreation.net has no warranties for any member, including all express warranties and all implied warranties.
7.1.3 All information and/or other content posted on the Site by the Chinacreation.net service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members should think about it independent in such situations.
7.1.4 You should clearly acknowledge that each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
"content" hereby is including but not limited to all data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted through Site.
7.1.5 Though Chinacreation.net makes great effort to confirm the information provided by member, as the third part, Chinacreation.net does not control, guarantee and is not liable to or responsible for accuracy, integrity, quality and non-infringement of information provide by member, or for quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
7.1.6 Members realizes that there may be risks of dealing with people, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks").
Each Member hereby agrees that member is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions.
Each Member hereby agrees that Chinacreation.net cannot and will not be liable or responsible for any loss, damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.1.7 On being made aware of any such breaches, Chinacreation.net may ban, delete or prohibit any content that relates to those breaches or that Chinacreation.net in its sole discretion consider to be harmful to the public or the rights of Chinacreation.net or any of its affiliates, licensors, partners or Members.
7.1.8 To the extent permitted by law, Chinacreation.net 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 any of the following:
7.1.9 You agree that you are voluntary to use the website, and will be responsible for your behavior, including but not limited to send information, performance of contract.Chinacreation.net shall not be responsible for any content found on website. Chinacreation.net expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Chinacreation.net makes no warranty that our website and database will be uninterrupted, timely, securely or error free. We shall not be responsible for website and database interrupted or error free, whether user have any loss or not.
7.1.10 You will be solely responsible for any damages to your computer system or loss of data that result from your using the website, such as download data, see information. Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its 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 any Member from Chinacreation.net or through or from the Service shall create any warranty not expressly stated in this Agreement.
7.1.11 Chinacreation.net does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.Chinacreation.net will not be liable for interruption to Service directly or indirectly(including not limited economic and legal liabilities, joint liabilities) due to majeure force, such as earthquake, Storm, natural disaster, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, war, governmental actions, human error or other obstacles.
Under no circumstances shall Chinacreation.net be held liable for an delay or failure or disruption of the Service 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.
7.1.12 Chinacreation.net 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. Further, to the extent permitted under applicable laws and policies, Chinacreation.net may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, 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 Chinacreation.net shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Chinacreation.net for such disclosure. In connection with any of the foregoing, Chinacreation.net may suspend or terminate the Account of any Member as Chinacreation.net deems appropriate in its sole discretion.
7.1.13 Anytime, each Member agrees to indemnify Chinacreation.net, "PLTBPC", agents, representatives, affiliates, subsidiaries, directors, officers, employees, or partners and to hold them harmless, from any and all losses, claims, demands, actions, proceedings, costs, expenses, damages and liabilities (including without limitation any direct, indirect, actual, special, incidental, consequential damages, legal costs, loss of profits, goodwill, business opportunities, on a full indemnity basis) arising out of or in connection with such transaction.
7.1.14 Chinacreation.net reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Chinacreation.net in asserting any available defenses.
7.1.15 Chinacreation.net has been translated into English and other language, Chinacreation.net isn't responsible for the difference between English version and aforementioned other language versions of the website. If there is any conflict, the English version shall prevail.
7.1.16 Chinacreation.net has some links to other websites. But Chinacreation.net does not control and has no right to use the information of those website, dose not judge the information whether is true. You acknowledge that Chinacreation.net is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites. Please be cautious about such sites' terms and conditions and/or privacy before using such sites.
In all, under no circumstances will Chinacreation.net be liable in any way for any content, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member.
7.2 Some jurisdictions do not allow the exclusive of certain warranties of user, so some of the above exclusions may not apply to you. Please you pay attention to this item and condition.
You agree to indemnify and hold Chinacreation.net, PLTBPC, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Offer Board or Product Directory on Chinacreation.net, the violation of these terms and conditions by you, or the infringement by you, or other user of Offer Board or Product Directory using your computer, of any intellectual property or other right of any person or entity.
PLTBPC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Dispute Resolution/ Jurisdiction
9.1The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be dealt with in accordance with the laws of People's Republic of China. Each party shall apply to Beijing Fengtai People's Court which holds the jurisdiction on the disputes, unless both related parties have a agreement separately.
9.2 If member has a complaint, dissension, or dispute with any party to a transaction or other users, Chinacreation.net has the right (but not the obligation) to accept and deal with the complaint, dissension, or dispute with your authorization.
9.3 You must provide relevant materials which could be used as a deterrent against the complaint, dissension, or dispute at a specified time when you receive the notice sent by email or any other means from Chinacreation.net.
You should accept the referee result based on Chinacreation.net its independent judgment and sole discretion, maybe the result would be unfavorable to you. Due to Chinacreation.net is not court,
9.4 If member disagrees to the result, he(them) can take other ways, such an applying for court arbitration.
9.5 During dispute period, Chinacreation.net will impose the limitations on, suspend or terminate the use of Service or refuse your accessing Chinacreation.net.
9.6 In no event shall PLTBPC be liable for the judgment or results. It is PLTBPC's right to decide whether or not to participate in the handling of the complaint, dissension, or dispute.