(Updated on March 21, 2019)
Section 1: Notices regarding Intellectual Property
All the intellectual property rights and other interests subsisting in the contents of Our Website, including text, images, graphics, trademarks, logos, sound, music, art works, videos etc., including trademark rights, copyrights, patents etc., are the properties of us or our affiliates.
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through Our Websites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Our Website, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Our Website is prohibited. Use of any content or materials on Our Website for any purpose not expressly permitted in the Terms is prohibited.
You agree to use Our Website and Services solely for your own private and internal purposes.
Section 2 Notices regarding Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Section 3 Notices regarding Limitations of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED ON OR THROUGH OUR WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND WE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH OUR WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON OUR WEBSITE.
You understand and agree that all prospective statements about Alibaba’s future business provided on Our Website are made based on current information, business plan and predictions of the future, which may be affected by many factors and may be modified by us from time to time based on the changes in the market, and are not intended to be viewed as promises for future services or plans. We will not post further notices in case we change or withdraw any statements. You agree not to hold us liable for any losses based on our statements or modifications of our statements.
You understand and agree that, to provide you with better services, we have the right to inspect and repair Our Website or certain functions/facilities of Our Website from time to time, which may cause suspension of services within a reasonable period of time. You agree not to hold us liable for any losses incurred by such suspension of Services.
You understand and agree that, during your use of Services, there may be force majeure events, including natural disasters, such as earthquakes, plagues, storms etc., and social events, such as strike-outs, state actions etc., which may cause the suspension of Services. In the events of force majeure, we will make reasonable efforts to try to restore the Services. You agree not to hold us liable for any losses incurred by such suspension of Services.
You understand and agree that we cannot foresee or prevent any losses and suspension of Services caused by legal or technical risks, including viruses, hacking events, instability of the systems. To the extent allowed by the law, you agree not to hold us liable for such losses.
Section 4 Miscellaneous
The formation, effectiveness, interpretation and resolution of disputes in connection with Our Website and this TOU is governed by the laws and regulations of the People’s Republic of China (excluding the laws of conflict). In case there are any disputes, you agree to resolve the matters with us via mediation in good faith; where mediations fail to resolve the matters, you agree to resort to the people’s court in Yuhang District, Hangzhou for litigations.
In case any of the clauses of this TOU is expired, terminated or annulled, the clause shall be severed from this entire TOU and it shall not affect the effectiveness and enforceability of the remaining clauses.