Accessing our site
When using our site, you must comply with the provisions of our acceptable use policy.
You may only access the site if you have personally been duly issued with a user ID and password ("User Access Information"). If you have not personally been issued with User Access Information, you must not use the site.
You shall keep your User Access Information confidential, not disclose it to any other person and not use any other person's User Access Information in relation to the site, Content or Services. You shall not permit any other person to access the site, Content or Services under your User Access Information. You shall notify us by email to [email protected] immediately you become aware of any unauthorized use of your User Access Information, or of any other breach of security concerning the site, Services or Content. You acknowledge that, unless we have received such notification, we may assume that any use of your User Access Information is made by you, and you shall be responsible for any such usage and any liability, loss or damage arising out of such usage.
You must operate reasonable security measures to protect any systems which you use in accessing or using the site or any Content or Services (including appropriate anti-virus protection and measures to prevent unauthorized access of your facilities).
Clearing House Members
The materials, content and layout of our website are protected by copyright. You acknowledge that any content, including but not limited to text, data, information, graphics, interfaces, trademarks, logos, sounds, music, artwork, photographs and computer code, software, sound recordings, video, animations or other media material, (collectively "Content"), whether provided by us or other third party contributors, or electronically distributed, commercially produced information provided to you by us or other content providers or users is protected by copyright, trade mark, service mark, patents, database rights and other proprietary and intellectual property laws.
You acknowledge that all intellectual property laws and/or rights including without limitation trademarks, copyright, design, patent and database rights will be observed and upheld by you. All rights including the Content providers' moral rights are reserved. Unless conforming with the provisions for use detailed below, neither the whole nor any part of the Contents, software or layout of the site, or any associated websites, may be reproduced, stored in a retrieval system or transmitted in any form or by any means, including photocopying, recording or by electronic or digital transmission, without our prior written permission.
The site, Content and Services are the property of the Clearing House and its licensors. You may use the Content or Services purposely made available by us from the site, provided that you: (i) comply with any applicable Additional Terms (defined below); (ii) do not remove any proprietary notice in any copies of the Content or Services; (iii) use the Content or Services only for the proper purposes for which you and the entity on whose behalf you are acting are authorized and not for any other purpose or activity from which you would derive any commercial value; (iv) do not use such Content or Services for any purpose or activity which is unlawful; (v) do not disclose the Content or Services to any other party; (vi) make no modifications to any the Content or Services; and (vii) do not make any representations or warranties relating to any the Content or Services.
No Content may be reproduced, published or transmitted in any manner without our prior written consent. In particular, and without limitation, you may not without our prior written permission, form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content of the site; redistribute or republish any Content; or link to the site including, without limitation, any linking in any way which frames or replicates the site or misleads any person regarding any association with the site, or us.
Viruses, Hacking and Other Offences
As a user, you must not (and must not attempt to):
any part of the site, Content or Services or any computer system or equipment on which they operate, or any server, computer or database connected to the site (including by using any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, or by any "hacking", "password mining", "framing" or otherwise).
You must not attempt to gain any information relating to any of our Clearing House members, or other user of, or visitor to the site, Content or Services, whether via the site or otherwise. You must not attempt to interfere with any other person's use of the site, Content, Services or connected systems or equipment, or any transaction being conducted on them.
You are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, or of any of our, or our Clearing House members', systems or equipment, or any connected systems or networks.
User Provided Information
The site may include facilities allowing you to provide information or other materials on the site, or to communicate with the Clearing House via the site ("User Postings").
We reserve the right to remove or alter all or any part of any User Posting posted to the site. You acknowledge that Internet transmissions may not be completely private or secure. You understand that User Postings and other communications between you and the Clearing House via the site or Services may be read or intercepted by others, even if transmissions are encrypted.
Any support services provided via the site (such as the helpline) are provided solely for convenience and we are not responsible for them. Users choose to use them at their own risk. We cannot guarantee such support services will always be available via the site.
Links to Third Party sites
This site may contain links to other independent third-party web sites, including other XNOFX sites ("Linked sites"). These links are provided solely for convenience. We have no control over such Linked sites and are not responsible for and do not endorse them or any information or content appearing on them. You use such Linked sites at your own risk.
The site, content and services are provided on an "as-is" "as-available" basis. We do not make any condition, warranty or other term that the site or any content or service will be:
You must not use any content or services to make any investment decision or otherwise rely on any content or services.
To the extent permitted by law, we, other members of the XNOFX organization and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you and/or the entity on whose behalf you are authorized in connection with the site or in connection with the use, inability to use, or results of the use of the site, linked sites, any Content posted on it, or Services provided on or via it, including, without limitation any liability for:
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
You must take steps to minimize any risk arising out of using the site, Content and Services, including checking any information or result obtained from the site, Content and Services or support services before relying on them and obtaining insurance in relation to any risks arising out of the use of the same.
You shall indemnify and hold the Clearing House, its affiliates and their respective officers, directors, shareholders, predecessors, successors in interest, employees and agents, ("Indemnified Parties"), harmless from any demands, loss, liability, actions, claims or expenses (including attorneys' fees), suffered by an Indemnified Party arising out of your use of the site, Content or Services.
We reserve the right, at any time, without notice and for any reason to modify, interrupt, suspend (temporarily or indefinitely) or terminate the operation of, or your access to, all or any part of the site, Content and/or Services.
The following applies to any Personal Information you provide to us, for example during any registration or ordering process:
The courts of The People`s Republic of China will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
You must not bring any claim arising out of or relating to the site, Content or Services more than one (1) year after first accessing the site, Content or Services giving rise to the claim.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the Services.