SKYKIWI TERMS OF SERVICE / TERMS OF USE


天维导购服务协议-中文版


ACCEPTANCE OF TERMS

1. The services that SKYKIWI provides to User is subject to the followings Terms of Use (hereinafter referred to “TOU”). SKYKIWI reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

2. This Agreement, which incorporates by reference other provisions applicable to use of 天维导购, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in 天维导购 sets forth the terms and conditions that apply to use of 天维导购 by User. By using SKYKIWI (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

3. SKYKIWI shall have the right at any time to change or discontinue any aspect or feature of 天维导购 including, but not limited to, content, hours of availability, and equipment needed for access or use.

CHANGED TERMS

4. SKYKIWI shall have the right at any time to change or modify the terms and conditions applicable to User's use of 天维导购 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 upon notice thereof, which may be given by means including, but not limited to, posting on 天维导购 or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of 天维导购 by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

DESCRIPTION OF SERVICES

5. Through its Web property, SKYKIWI provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

USER CONDUCT

6. User shall use 天维导购 for lawful purposes only. User shall not post or transmit through 天维导购 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 SKYKIWI's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in SKYKIWI's discretion restricts or inhibits any other User from using or enjoying 天维导购 will not be permitted. User shall not use 天维导购 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 SKYKIWI.

7. User shall not upload, post or otherwise make available on 天维导购 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 User. User 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 天维导购, User automatically grants, or warrants that the owner of such material has expressly granted SKYKIWI 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. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants SKYKIWI the right to edit, copy, publish and distribute any material made available on 天维导购 by User.

8. The foregoing provisions of clauses 6 and 7 are for the benefit of SKYKIWI.

USE OF SERVICES

9. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

10. SKYKIWI has no obligation to monitor the Communication Services. However, SKYKIWI reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SKYKIWI reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SKYKIWI reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SKYKIWI’s sole discretion.

11. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

12. SKYKIWI does not control or endorse the content, messages or information found in any Communication Services and, therefore, SKYKIWI specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication

MEMBER ACCOUNT, PASSWORD, AND SECURITY

13. If any of the Services requires User to open an account, User must complete the registration process by providing SKYKIWI with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify SKYKIWI immediately of any unauthorized use of User’s account or any other breach of security. SKYKIWI will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by SKYKIWI or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

14. User expressly agrees that use of 天维导购 is at user's sole risk. SKYKIWI does not warrant that 天维导购 will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of 天维导购 or as to the accuracy, reliability or content of any information service, or merchandise provided through 天维导购.

15. 天维导购 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.

16. 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. User specifically acknowledges that SKYKIWI is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

17. In no event will SKYKIWI, or any person or entity involved in creating, producing or distributing 天维导购, 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 天维导购 .User hereby acknowledges that the provisions of this section shall apply to all content on the site.

18. In addition to the terms set forth above neither, SKYKIWI shall not 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 天维导购, 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.

19. SKYKIWI is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, SKYKIWI 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, Users or any other user of 天维导购 are those of the respective author(s) or distributor(s) and not of SKYKIWI. Neither SKYKIWI 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.

20. In many instances, the content available through 天维导购 represents the opinions and judgments of the respective information provider, User, or other user not under contract with SKYKIWI. SKYKIWI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on 天维导购 by anyone other than authorized SKYKIWI’s employee while acting in their official capacities. Under no circumstances will SKYKIWI be liable for any loss or damage caused by a User's reliance on information obtained through 天维导购. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SKYKIWI. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

21. The 天维导购, when applicable, provides a platform for the Users to trade second-hand products. SKYKIWI does not take any responsibility nor control over the accuracy, truthfulness or otherwise of any product on the platform, nor does SKYKIWI take any responsibility or control over the elected method of delivery by the User. Users agree that trading on 天维导购 platform is at the own risk of the User and SKYKIWI shall not be held, under any circumstances, liable for any losses, damages, costs or otherwise suffered by the User.

22. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers(including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

LINKS TO THIRD PARTY SITES

23. The links in this area will let you leave SKYKIWI's site. The linked sites are not under the control of SKYKIWI and SKYKIWI not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SKYKIWI is not responsible for webcasting or any other form of transmission received from any linked site. SKYKIWI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SKYKIWI of the site.

GENERAL

24. SKYKIWI shall have the right, but not the obligation, to monitor the content of 天维导购, to determine compliance with this Agreement and any operating rules established by SKYKIWI and to satisfy any law, regulation or government request. SKYKIWI shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on 天维导购. Without limiting the foregoing, SKYKIWI shall have the right to remove any material that SKYKIWI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

25. User agrees to defend, indemnify and hold harmless SKYKIWI and their respective directors, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of SKYKIWI by User or User's Account.

26. SKYKIWI shall have the right to immediately terminate User's Account in the event of any conduct by User which SKYKIWI, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

27. This Agreement and any operating rules for 天维导购 established by SKYKIWI 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 the New Zealand 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.

28. SKYKIWI’s logos are trademarks of SKYKIWI, all rights reserved. All other trademarks appearing on 天维导购 are the property of their respective owners.

29. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.