USER SITE AGREEMENT
1. Definitions.
"Quailan.com" is the on-line service operated on the World Wide Web of the Internet, consisting of information and content provided by Users of this website and other third parties. "Subscriber" means each person who establishes or accesses a connection for access to and use of Quailan.com.
2. Generals.
(A) This Agreement, which incorporates by reference other provisions applicable to use of Quailan.com, including, but not limited to, future supplemental terms and conditions governing the use of Quailan.com, sets forth the terms and conditions that apply to use of Quailan.com by Subscriber. By using Quailan.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Quailan.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's actions in using this website.
(B) The owner and operator of Quailan.com shall have the right at any time to change or discontinue any aspect or feature of Quailan.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Quailan.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Quailan.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately without giving the Subscriber any form of advance notice. Any use of Quailan.com by Subscriber after such change shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Quailan.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use Quailan.com for lawful purposes and purposes that are in line with the objective of this website only. Subscriber shall not post or transmit through Quailan.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Quailan.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Quailan.com's discretion restricts or inhibits any other Subscriber from using or enjoying Quailan.com will not be permitted. Subscriber shall not use Quailan.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Quailan.com.
(B) The owner and operator of Quailan.com owns all the legal rights to materials and other forms of IP that belongs to Quailan.com. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Quailan.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on Quailan.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Quailan.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Quailan.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Quailan.com the right to edit, copy, publish and distribute any material made available on Quailan.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Quailan.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF CNN INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER QUAILAN.COM, ITS OWNER, ITS OPERATORS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT QUAILAN.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF QUAILAN.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH QUAILAN.COM.
(B) QUAILAN.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT CNN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL QUAILAN.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING QUAILAN.COM OR THE QUAILAN.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CNN INTERACTIVE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON QUAILAN.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, QUAILAN.COM, NOR ITS OWNER, ITS OPERATORS, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CNN INTERACTIVE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, QUAILAN.COM, NOR ITS OWNER, ITS OPERATORS, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Quailan.com's owner and operators shall have the right, but not the obligation, to monitor the content of Quailan.com, to determine compliance with this Agreement and any operating rules established by Quailan.com and to satisfy any law, regulation or authorized government request. Quailan.comshall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Quailan.com. Without limiting the foregoing, Quailan.com shall have the right to remove any material that Quailan.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
All materials and information posted by the Subscriber is tracked by the originating IP address. The owner and operators of Quailan.com hereby is automatically granted the right to provide the authority with such IP address information to facilitate their work when requested by them.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Quailan.com, its owner, its operators, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Quailan.com by Subscriber.
9. Termination.
At any time the Subscriber access and use the services provided by Quailan.com means the Subscriber automatically enters into an agreement with Quailan.com. Upon the termination or use and access of Quailan.com, the agreement is also deemed to be automatically terminated. However, any materials and information that is posted by the Subscriber shall survive termination of this Agreement and the terms of this Agreement is still considered to be enforced upon the Subscriber.
10. Trademarks.
Quailan.com's logo are trademark of the owner and operators of Quailan.com. All rights reserved.
11. Third Party Content.
Quailan.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Quailan.com, nor its owner, its operators, its affliates, and their respective directors, officers, employees and agents has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Quailan.com, are those of the respective author(s) or distributor(s) and not of Quailan.com. Neither Quailan.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Quailan.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Quailan.com. Quailan.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Quailan.com by anyone other than authorized Quailan.com employee spokespersons while acting in their official capacities. Under no circumstances will Quailan.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Quailan.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Quailan.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Non-Endorsement and Support Policy.
Quailan.com is an apolitical website and do not appear in any manner, endorses or provide any form of material and inmaterial support to anyone, organisation, political parties, companies, organisations and forms of governmental or non-governmental entity. Subscribers are adviced to be careful if there are parties that claimed such associations whether formally or informally.
Quailan.com also do not collect whether physically or via electronic means any form of donations or endorses or support any other organisations in doing such activities said to be related to Quailan.com. Anyone who has found such activities are adviced to inform Quailan.com and report the matter to the relevant authority so that legal actions can be taken to prevent corporate and public from being cheated. Any income derived from this website will be soled from avenues that are highlighted from this User Site Agreement.
13. Miscellaneous.
This Agreement and any operating rules for Quailan.com established by Quailan.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Copyrights and Copyright Agent.
Quailan.com respects the rights of all copyright holders and in this regard, Quailan.com has adopted and implemented a policy that provides for the termination of information and IPs produced by Subcribers that is of suspect to have been infringed upon by the Subcribers in their use of Quailan.com. Please email to us as comment@quailan.com with regards to the infringements and the operator of Quailan.com shall take the necessary actions to remove those information and materials soonest possible.
If you have any questions pertaining to this Agreeement please email us at comment@quailan.com.
Thank you. |
