These Terms and Conditions of Use (the "Terms and Conditions") for magvant.com (the "Web site") are between a user of the Web site ("User") and IK-CHINA LIMITED("Magvant").
GENERAL RULES
Access to the Web site or use of the Web site content constitutes User's agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE Web site. Magvant reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Web site, and User's continued use of the Web site affirmatively indicates User's acknowledgment of such changes and User's agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed in writing, User's right to use the Web site is not transferable and is subject to any restrictions established by Magvant.
Magvant may change, suspend, or discontinue any aspect of the Web site at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Magvant may also impose limits on certain features and services or restrict User's access to parts or all of the Web site without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE Web site IN ANY WAY, USER'S ONLY RECOURSE IS TO IMMEDIATELY: (I) DISCONTINUE USE OF THE Web site AND, IN THE CASE OF A SUBSCRIBER, (II) NOTIFY Magvant IN WRITING OF SUBSCRIBER'S TERMINATION OF REGISTRATION. UNLESS AND UNTIL Magvant HAS RECEIVED SUCH NOTICE FROM SUBSCRIBER, Magvant WILL CONTINUE TO RELY ON SUBSCRIBER'S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS. LIKEWISE, SO LONG AS USER CONTINUES TO USE THE Web site, Magvant WILL CONTINUE TO RELY ON USER'S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
ACCESS TO THE Web site
For users who are subscribers to the print edition of catalogue, for the term of the subscription described in Subscriber's subscription agreement, Magvant hereby licenses to Subscriber access to the subscription area of the Web site in accordance with these Terms and Conditions. Subscriber agrees not to permit access to the subscription area of the Web site to anyone other than Subscriber.
User shall not have the right to sell, license, market, or lease the Web site content to any party whatsoever without the prior written consent of Magvant. User shall not have the right to distribute the Web site content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between Magvant and User or any party acting through User, all title to and ownership of the Web site and its content remains vested in Magvant and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Web site, including merged or modified portions, shall as between User and Magvant remain Magvant's exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all Magvant copyright and other proprietary notices.
User agrees to use the Web site only non-commercially, and only for User's bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Web site to be used by any party whatsoever for purposes not connected with User's non-commercial, legitimate business purposes.
User agrees to report promptly to Magvant any observed violation of the above. User agrees that the Web site shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
Upon the expiration or earlier termination of Subscriber's subscription to the print edition of catalogue, Subscriber shall within ten (10) days delete or destroy all electronic copies and representations of the Web site content in the possession, custody, or control of Subscriber, and upon Magvant's request, deliver to Magvant written certification by Subscriber that all such copies and representations have been deleted or destroyed and the use of all such content has been discontinued.
User shall notify the Web site's Webmaster of any known or suspected unauthorized use(s) of the Web site through User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's means of access.
User may not share User's means of access with others. User acknowledges that User is responsible for all usage or activity on User's Web site account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's account, at Magvant's sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold Magvant harmless against liability for any and all use of User's account.
AUTHORIZED USAGE OF THE Web site CONTENT
The contents of the Web site are intended for the benefit of User's legitimate non-commercial business. All materials displayed on the Web site (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the "Content") are protected by copyright, and owned or controlled by Magvant or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Web site. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Web site is protected by copyright as a collective work and/or compilation, pursuant to China copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User's legitimate non-commercial business end-use is expressly prohibited without the prior written permission of Magvant or the copyright holder identified in the individual Content's copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Provided that Subscriber maintains all copyright and other notices contained in the Content, Subscriber may search, download, print, share with other authorized users, and store (during the term of Subscriber's subscription) the Content and other printable items displayed on the Web site for Subscriber's legitimate business end-use. However, downloading or printing of entire issues or substantial portions of an issue of catalogue content is not permitted.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Web site in whole or in part. No use is permitted which benefits any party other than Magvant or User.
Magvant, Heat exchanger-bm, catalogue, catalogue Online, and other Magvant products referenced in magvant.com are either trademarks or registered trademarks of Magvant Corporation. Other featured logos, product and company names are or may be service/trademarks of their respective owners.
WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
Neither Magvant nor magvant.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Web site by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at User's sole risk. Magvant reserves the right but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Web site.
THE Web site IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE Web site OR ANY MATERIALS OBTAINED THROUGH THE Web site ARE VIRUS-FREE OR ERROR-FREE. NEITHER Magvant NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Web site CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER's INABILITY TO USE, OR USER's USE OF THE Web site, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF Magvant HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE Web site DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER's RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST Magvant. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE Web site IS AT USER's SOLE RISK.
The Web site contains links to other related Internet sites, resources, and sponsors of the Web site. Magvant is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link's site administrator or webmaster.
Magvant is not responsible for the contents of any linked site or any link contained in a linked site. Magvant is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Magvant of the linked site or its contents.
GENERAL PROVISIONS
These Terms and Conditions shall be construed and enforced in accordance with OKLMahoma law. Any action to enforce these Terms and Conditions shall be brought in the Shanghai, China.
Any rights not expressly granted to User in these Terms and Conditions are reserved to Magvant.
Any failure by Magvant to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between Magvant and User concerning User's use of the Web site and supersede any prior understanding or agreement whether oral or written. |
