1. ACCEPTANCE OF TERMS
Thank you for visiting YUNNAN! In using the services that YUNNAN provides herein, you agree at all times to be bound by the following terms and conditions of service ("TOS"), which may be updated by us at our complete and absolute discretion from time to time without notice to you. In addition, when using particular YUNNAN services, you shall be subjected to any posted guidelines applicable to such services. All such guidelines are hereby incorporated into the TOS.
2. DESCRIPTION OF SERVICE
YUNNAN currently provides users with access to a collection of on-line resources, including, various communication tools, shopping services and personalized content (the "Service"). Unless explicitly stated otherwise, new features not otherwise included at present, but are subsequently included augment or enhance the current Service, including the release of new YUNNAN services, shall subjected have its application and use subject to the TOS. You understand and agree that the Service is provided on an "AS-IS-WHERE-IS" and "AS-AVAILABLE" basis. YUNNAN, in relation to the Service, assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration for the use of the Service, you agree to:-
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is in breach of this Section, or YUNNAN has reasonable grounds to suspect that this Section has been breached, inaccurate, not current or incomplete, YUNNAN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. CREDIT FACILITY
You represent and warrant that you are duly authorised to carry out transactions with YUNNAN on behalf of the organisation whom you represent. You and such organisation shall irrevocably and unconditionally, jointly and severally indemnify for all losses damages and expenses incurrred by YUNNAN arising out of or in connection with any use of this Website by you or your organisation (including but not limited to any unauthorised utilisation of the credit limit granted to your organisation) or any breach of the terms and conditions herein.
5. YUNNAN PRIVACY POLICY
Pursuant to YUNNAN privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personal identification, except as specifically authorized by you or in YUNNAN's good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the TOS.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:-
(a) immediately notify YUNNAN of any unauthorized use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session. YUNNAN cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. MEMBER'S CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not YUNNAN, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. YUNNAN does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You represent and undertake that under no circumstances shall YUNNAN be liable in any way for any Content, including, but not limited to any liability in tort or otherwise for defamation or libel, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. You agree to not use the Service to:
(a) upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a YUNNAN official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Singapore Stock Exchange, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users.
YUNNAN reserves the right at all times to alter and/or remove without any prior reference with the originator of the Content, any Content that YUNNAN with its agents, in its absolute and complete discretion, considers, and without any duty or obligation to give any reason or notice whatsoever, to be in breach of the undertakings given in Sections 7(a) to (m), or in breach of any public policy.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
9. CONTENT SUBMITTED TO YUNNAN
YUNNAN does not own the Content that you submit, unless we specifically tell you otherwise before you submit it. You license the Content to YUNNAN as set forth below for the purpose of displaying and distributing such Content on our network and for the promotion and marketing of our services. By submitting Content to any YUNNAN property, you automatically grant, or warrant that the owner of such Content has expressly granted, YUNNAN the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that YUNNAN does not pre-screen Content, but that YUNNAN and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, YUNNAN and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely and YUNNAN shall not be liable to you in any way if you do, on any Content created by YUNNAN or submitted to YUNNAN, including without limitation information in YUNNAN Message Boards and in all other parts of the Service.
10. INDEMNITY
You agree to indemnify and hold YUNNAN, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including lawyers' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that YUNNAN may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on YUNNAN''s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may have access to the Service in a given period of time. You agree that YUNNAN has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that YUNNAN reserves the right to log off accounts that are inactive for any length of time which YUNNAN in its absolute complete discretion considers to be extended. You further acknowledge that YUNNAN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
YUNNAN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that YUNNAN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that YUNNAN, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, lack of use or if YUNNAN believes that you have violated or acted inconsistently with the letter or spirit of the TOS. YUNNAN may also in its sole and complete discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that YUNNAN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that YUNNAN shall not be liable to you or any third-party for any termination of your access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that YUNNAN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge that YUNNAN has no control over such sites and resources and you agree that YUNNAN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that YUNNAN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. YUNNAN'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YUNNAN or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YUNNAN grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by YUNNAN for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS-WHERE-IS" AND "AS AVAILABLE" BASIS. YUNNAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. YUNNAN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YUNNAN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YUNNAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YUNNAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SECTIONS 17 AND 18 SHALL BE LIMITED ONLY TO THE EXTENT OF THE LIMITATION OF SUCH EXCLUSIONS AT LAW IN THAT APPLICABLE JURISDICTIONS.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, you shall without prejudice to the generality of Sections 17 and 18, draw the users or readers to the principle, "Let the investor beware". You accept that the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. YUNNAN shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
22. NOTICE
Any changes to the TOS or other matters may be communicated to you via e-mail, regular mail, notices or links to notices displayed on our web site. Save that even if we do not inform you of any changes to the TOS, such changes shall nonetheless be valid, enforceable and binding against you.
23. TRADEMARK INFORMATION
YUNNAN, the YUNNAN logo, YUNNAN in Chinese Characters, and other YUNNAN logos and product and service names are trademarks of YUNNAN Pte Ltd (the "YUNNAN Marks"). Without YUNNAN's prior permission, you agree not to display or use in any manner, the YUNNAN Marks without YUNNAN's permission in writing.
24. COPYRIGHTS and COPYRIGHT AGENTS
YUNNAN respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact YUNNAN.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and YUNNAN and govern your use of the Service, superceding any prior agreements between you and YUNNAN. All references to "You" in this TOS shall include references to you and your organization. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and YUNNAN shall be governed by the laws of the Republic of Singapore. You and YUNNAN agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore. The failure of YUNNAN to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.