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Terms & Conditions
These Terms and Conditions apply to the use of CEM e-Service and constitute the agreement between the User and CEM as well as the basis of the User legal relationship with CEM as regards CEM e-Service.
1. GENERAL LIMITATION & LIABILITIES
No joint venture, partnership, employment, or agency relationship exists between the User and CEM as a result of this agreement or the use of the CEM e-Service Sites/Services.
The User shall indemnify CEM, its parents, subsidiaries, affiliates, officers and employees, for any damages due to or arising out of misuse of or misconduct on the CEM e-Service Sites/Services, and hold the above mentioned harmless from any claim, demand, or damage, including attorneys' fees, asserted by any third party due to or arising out of the use of or the User’s conduct on the CEM e-Service Sites/Services.
Due to circumstances beyond the control of CEM, delays in the email delivery of some email notification may occur. CEM will use its best efforts to send an email notification to the User if the User subscribed to this service. It is the User sole responsibility to ensure that the email address that he or she provides to the Service is accurate.
CEM shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
- Any direct loss;
- Any consequential or indirect loss (including without limitation loss of revenue or profits); or
- The User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information.
1.3 Personal Data
The personal data provided by users to CEM shall only be used for the execution of this agreement, and may be given to government departments and judicial authorities in accordance with legal provisions. In accordance with the law, users are entitled to access and rectify their personal data.
CEM reserves the right to disclose any personal data of the User or of his use of the CEM e-Service Sites/Services, including its contents, without the User’s prior permission if CEM has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CEM e-Service or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.
Nothing contained in this agreement is in derogation of CEM's duty to comply with governmental, judicial and law enforcement authorities’ requests or requirements relating to the use of the CEM e-Service Sites/Services or information provided to or gathered by CEM e-Service with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and CEM with respect to the CEM e-Service Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and CEM with respect to the CEM e-Service Sites/Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Where this document is available in Chinese, the Chinese version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
2. PRIVACY AND SECURITY
The User is entirely responsible for maintaining the confidentiality of his/her password and account. The User is also entirely responsible for any and all activities that occur under his/her account. The User is bound to to notify CEM immediately of any unauthorized use of his/her account or any other security breach he/she becomes aware of. CEM will not be liable for any loss that the User may incur as a result of someone else using his/her password or account, either with or without his/her knowledge. However, the User could be held liable for losses incurred by CEM or another party due to someone else using his/her account or password. The User may not use anyone else’s account at any time, without the permission of the account holder.
3. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Service Sites/Services are for the User personal and non-commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service Sites/Services. Without the advance express written permission of the Service, the User may not send, or cause to be sent, any automated queries of any sort to the Service Sites/Services, or use the Service Sites/Services in any commercial manner. Automated queries shall include but not be limited to using any software that sends queries to any Service Sites/Services to determine how a web site “ranks” on any Service Sites/Services.
4. MODIFICATION OF THESE TERMS
CEM reserves the right to change the terms, conditions, and notices under which the Service Sites/Services are provided, including but not limited to the charges associated with the use of the Service Sites/Services. The User is responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. The User's continued use of the Service Sites/Services constitutes the User’s agreement to all such terms, conditions, and notices.
5. UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service Sites/Services, the User will not use the CEM e-Service Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The User may not use the CEM e-Service Sites/Services in any manner that could damage, disable, overburden, or impair any CEM e-Service Site/Service(s) (or the network(s) connected to any CEM e-Service Site/Service(s)) or interfere with any other party's use and enjoyment of any CEM e-Service Site/Service(s). The User may not attempt to gain unauthorized access to any CEM e-Service Site/Service, other accounts, computer systems or networks connected to any CEM e-Service Site/Service, through hacking, password mining or any other means. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CEM e-Service Sites/Services.
6. CANCEL OF SERVICE
CEM reserves the rights to cancel the whole CEM e-Service Online Account at any time.
7. APPLICABLE LAW AND JURISDICTION
All disputes arising out of the use of CEM e-Service shall be settled in accordance with the same laws and irrevocably and unconditionally submitted to the exclusive jurisdiction of the courts of Macau Special Administrative Region.
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