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TERMS AND CONDITIONS OF USE
EFFECTIVE: May, 2008
ATTENTION: BY ACCESSING, BROWSING AND/OR USING HTTP://WWW.21VIANET.COM AND /OR ANY OF ITS SUB-SITES ( COLLECTIVELY, “SITE”) BY ANY MEANS OR IN ANY WAY, YOU ACCEPT AND AGREE, WITHOUT LIMITATION AND QUALIFICATION OF ANY KIND, TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) AND TO COMPLY WITH ANY AND ALL OF APPLICABLE LAW. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, PLEASE NOT ENTER, VIEW AND/OR USE THE SITE.
1. CONTENTS
1.1 All contents, including but not limited to, text, video, audio, images, computer code, products,
services and/or other information contained on or available at or accessible through the SITE
(“CONTENTS”) are owned, controlled or licensed by or to 21VIANET (CHINA) LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “21VIANET”), and protected by relevant laws, regulations and
treaties on copyright, trademark, patent and other intellectual property rights.
1.2 The materials you posted or transmitted to the SITE shall be pursuant to these TERMS and
applicable law.
2. LICENSES
2.1 21VIANET grants you a non-exclusive, non-transferable, non-sublicenseable license for you to
use the SITE or the CONTENTS if you accept and agree that:
a) you use the SITE or the CONTENTS for personal, lawful and non-commercial purposes only
and such use will not violate the provisions of the laws of the jurisdictions where the SITE or
CONTENTS are be used including without limitation, the provisions on the age restriction of
internet users;
b) except as expressly permitted in the TERMS, you may not copy, modify, decompile, disassemble, reverse engineer, sell, re-distribute, publish, incorporate, reproduce, post and/or transmit these CONTENTS and their copyright or proprietary notice except and only to the extent permitted by applicable law;
c) you may not upload, post and/or transmit any inappropriate content (including without limitation, any unlawful, unauthorized, obscene, threatening, pornographic, libelous, scandalous, profane defamatory or inflammatory material) to the SITE.
d) you may neither interrupt or attempt to interrupt the operation of the SITE or transactions conducted on the SITE in any way nor obtain or attempt to obtain any of CONTENTS not purposely made available through the SITE by or through any unlawful means;
e) You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site;
f) You may not pretend that you are, or that you represent, any individual or entity by any means;
g) you will use the SITE and/or any of CONTENTS at your own cost, expenses and risks, and disclaim 21VIANET’s liabilities and responsibilities on such use;
h) 21VIANET has the right, at its sole discretion, to delete, compile, modify, update or incorporate any of CONTENTS in or to the SITE , and that such changes shall be effective immediately as soon as they have been posted on the SITE;
i) 21VIANET has the right to make additional terms and conditions which apply to some specific products or services contained on or available at or accessible through the SITE and shall prevail in case of any divergence between the TERMS and them;
j) you accept and comply with any other terms and conditions contained herein and all applicable law.
2.2 You grant 21vianet a worldwide, non-exclusive, non-transferable, royalty-free, perpetual, irrevocable license to copy, upload, download, reproduce, duplicate, disclose, compile, incorporate, translate or otherwise use the materials or other information you posted and/or transmitted to the SITE. You confirm and warrant that you have all the rights, title, power and authority necessary to grant 21VIANET the aforesaid licence.
3. LINKS TO OR FROM THIS SITE
3.1 Without 21VIANET’s prior written permission, you or any other person/entity may not set up a link to
the SITE on any web site other than the SITE.
3.2 The SITE may contain some links to other web sites which are not controlled by 21VIANET (“Third
Party Sites”) and may have their own web site terms and conditions of use. You acknowledge and
agree that: a) you access or use Third Party Sites entirely at your own cost, expenses and risks; b)
you are solely responsible for the damages or injury arising from your access, use, inability to use of
Third Party Sites and/or any contents contained in or at such sites; c) 21VIANET does not endorse
or give any warranties with respect to Third Party Sites or any product, service, content and other
information contained in or available at such sites and that 21VIANET is not responsible for your
access, use and inability to use of such sites or any product, service, content and other information
contained therein , or for any transactions you conducted through such sites; d) 21VIANET has right
to change, delete such links to Third Party Sites at any time without notice.
3.3 21VIANET does not make any representations or give any warranties about links to the SITE
contained in Third Party Sites or any information, materials, products, service or any other
information in or at such Third Party Sites. In addition, 21VIANET does not endorse the individuals,
companies, or other similar entities, or any products, materials, services or other information related
to such individuals, companies, or other similar entities, which provide a link to this Site at such Third
Party Sites.
4. CONFIDENTIALITY
4.1 You are obliged to maintain the confidentiality of your ID, password and other confidential information assigned or disclosed by 21VIANET to you. Without 21VIANET’s prior written permission or consent, you may not disclose such confidential information to any other individual or entity.
4.2 Except as expressly provided herein and to the full extent permitted by law, you may not copy, display, download, distribute, modify, reproduce or otherwise use the confidential information assigned or disclosed by 21VIANET to you.
4.3 You are liable for the damages and losses incurred by 21VIANET and/or its clients, customers, distributors, agents, advertisers, licensors, licensees, contractors, affiliates, subsidiaries, and/or the employees, officers or directors of the foregoing entity(entities), and/or any other users of or visitors to the SITE due to someone else’s using your ID, password or other indentified information.
5. REPRESENTATIONS AND WARRANTIES
5.1 THE SITE AND THE CONTENTS ARE PROVIDED BY 21VIANET ON AN “AS IS” AND “AS AVAILABLE” BASIS.YOU EXPRESSLY AGREE TO ACCESS, VIEW AND/OR USE THIS SITE, ANY PORTION OF THIS SITE, OR ANY CONTENTS AVAILABLE AT OR ACCESSIBLE THROUGH THIS SITE ENTIRELY AT YOUR OWN RISKS. THERE ARE NO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR THE CONTENTS, OR YOUR USE OR INABILITY TO USE OF THE SITE OR CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT, NON-ACCESSIBILITY, NON-INTERRUPTION, SECURITY, RELIABILITY, QUALITY, ADEQUACY TIMELINESS, AUTHENTICITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PORTION OF THE SITE, OR WITH THE CONTENTS, ON OR THROUGH THIS SITE, OR WITH THESE TERMS , YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE OR THE CONTENTS CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE.
6. LIMITATION OF LIABILITY
6.1 EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, IN NO EVENT SHALL 21VIANET LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR ANY OTHER DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE OF THE SITE OR THE CONTENTS, EVEN IF 21VIAENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
6.2 THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES INCURRED IN OR CAUSED BY ANY FAILURE OF PERFORMANCE, OMISSION, ERROR, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONTENTS OBTAINED FROM OR ACCESSIBLE THROUGH THIS SITE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER THEORY OR CAUSE OF ACTION.
6.3 IF THE LIMITATIONS OR EXCLUSIONS STATED IN SECTION 5, 6 ARE NOT FULLY COMPLY WITH THE APPLICABLE LAW, SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS
7. INDEMNIFICATION
7.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS 21VIANET, ITS CLIENTS,
CUSTOMERS, DISTRIBUTORS, AGENTS, ADVERTISERS, LICENSORS, LICENSEES,
CONTRACTORS, AFFILIATES AND SUBSIDIARIES, AND THEIR EMPLOYEES, OFFICERS AND
DIRECTORS FROM ANY AND ALL DEMANDS, LIABILITIES, CLAIMS, DAMAGES, LOSSES,
COSTS, EXPENSES (INCLUDING, BY THE WAY OF ILLUSTRATION AND NOT LIMITATION,
ATTORNEYS’ FEES), MADE AGAINST 21VIANET BY ANY THIRD PARTY ARISING OUT OF OR
IN CONNECTION WITH OR DUE TO YOUR ACCESS TO OR USE OF THIS SITE, OR ANY
PORTION OF THIS SITE, OR CONTENTS ACCESSIBLE THROUGH OR AVAILABLE AT THIS
SITE.
8. TRADEMARKS AND LOGOS
8.1 The trademarks (including without limitation, “世纪互联” and “21VIANET”) and logos that are displayed or used on the SITE are intellectual property owned by or licensed to 21VIANET. You may not, nor may you allow others to, copy, reproduce, distribute, modify or otherwise use these trademarks or logos, without prior express written permission of 21VIANET.
9. APPLICABLE LAW
9.1 This AGREEMENT shall be interpreted, construed, enforced in all respects in accordance with the laws of the People’s Republic of China without reference to its principles of conflicts of law.
10. DISPUTE RESOLUTION
10.1 Any disputes arising out of or in connection with these TERMS which can not be resolved amicably through mutual consultation shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with its own arbitration rules. The arbitration shall be held in Beijing.
11. MISCELLANEOUS
11.1 UPDATE. 21VIANET has the right to update the TERMS at any time without notice. You are
obligated to visit the SITE to determine the then-current TERMS to which you are bound. By
entering, displaying and/or viewing the SITE, you accept and agree to those changes made to the
TERMS.
11.2 TRANSFER. 21VIANET has the right to assign and transfer its rights or duties under
these TERMS from time to time without notice. You may not assign or transfer any of your rights or duties hereunder to any other person or entity without the prior written consent of 21VIANET.
11.3 SUSPENSION OR TERMINATION. 21VIANET is entitled to suspend or terminate, at its sole discretion, the operation of the SITE or your use of the SITE or CONTENTS at any time without notice for any reason.
11.4 SEVERABILITY. If any provision of these TERMS is found to be illegal, invalid or unenforceable, such provision shall be deemed severable and will not affect the legality, validity or enforceability of any other provisions.
11.5 LANGUAGE. These TERMS are written in Chinese, English and Japanese languages, these three texts being equally authentic. In case of the difference of interpretation, the Chinese text shall prevail.
