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Buyers Registration Agreement Effective Date: October 18, 2021 Welcome to China Fish All-in-One Platform (the “China Fish Platform”). The following sets forth the terms and conditions of the China Fish All-in-One Platform Buyers Registration Agreement (this “Agreement”), between you and the Beijing Admire Exhibition Co., Ltd. (“China Fish”) determined in accordance with this clause under which China Fish Platform offers you access to and use of the Service through this website, real shows, and all forms, etc. (including new forms of services which might come up in the future) from time to time. 1. ACCEPTANCE OF TERMS Registration and use of the Service indicates that you accept the terms and conditions set forth below and you agree that we can process your personal information in accordance with the Site’s PRIVACY POLICY. If you do not accept all or any of the terms and conditions, please do not register or use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, and share your order information to China Fish. Should there be any question about this agreement, please contact us anytime.
ChinaFish may amend this Agreement at any time, due to the change of the law and business development requirements, by posting the amended and restated Agreement on the Sites. The amended and restated Agreement shall be effective immediately upon posting. Posting by ChinaFish of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. If there is any dispute happening between you and other user(s) during the use of our Service, please deal with this dispute according to the agreement signed between you and the user(s).
2. AGREEMENT RANGE 2.1 This agreement is signed between you and China Fish, and has the same legal effect to both you and China Fish. 2.2 Due to the fast development of the internet, the conditions and terms listed in this agreement can not cover all the obligations and rights between you and China Fish, and may not meet the requirements of the future development. Thus, China Fish will add or update terms and agreement which have the same legal effect with this agreement. If you use our Service, you are indicating that you accept the terms and agreement added or updated by China Fish.
3. THE SERVICE 3.1 The Service will be offered free-of-charge for all the overseas buyers of fishing tackle, outdoor and boat industry. 3.2 The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of China Fish and notified to you): Each company can register one chief account, and the other accounts registered by your company staff are sub-account, the chief account can: 1) Browse the webs on the platform; 2) Source products and suppliers; 3) Supplier recommendation; 4) Inquiry, rate, give orders, follow up; 5) Book online and offline services; 6) Watch videos and livestream about products, exhibitions, etc. 7) Enjoy the points and rewards 8) Authorize and manage its sub-account(s) The sub-account users can use all the above services except clause 8).
3.3 China Fish may suspend or terminate all or part of the above Free Benefits at any time in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination. ChinaFish reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion. 3.4 Benefits, features and functions available to an International Buyer may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available. 3.5 The availability of any features and functions on the Sites to any registered buyer may be conditional on verification of Buyer’s identity. 3.6 China Fish Platform reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. China Fish Platform further reserves the right but shall not be obliged to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by China Fish Platform. 3.7 Cart Rules 3.7.1 China Fish Cart is a convenient purchasing tool for China Fish users, you can check your collects in your cart any time, including the prices, changes, etc. 3.7.2 Click “Add to Cart” Button beside the product that you are viewing, then you can collect this product into your cart; 3.7.3 Click the cart on the right side of the page, you can check your cart; 3.7.4 Click delete button, you can delete the products in your cart; 3.7.5 The cart can take as most as 50 products. 3.8 Chat Rules 3.8.1 China Fish provides you use of chat with the suppliers on the Sites free of charge to promote and encourage open, honest and respectful communication. You can use the Chat to contact the suppliers that you’d like to chat with about the business by words, pictures, etc. 3.8.2 You acknowledge that all data, text, photographs, messages or other contents, are the sole responsibility of you from whom content originated. This means that you, and not China Fish is entirely responsible for all Content that is uploaded or posted via Chat. China Fish does not control the Content posted via Chat and therefore does not guarantee the accuracy, integrity or quality of such Content. 3.8.3 China Fish reserves the right to, but shall have no obligation to, delete or edit any postings in its sole discretion without prior notice. China Fish may but shall not be obliged to monitor posting activities of the user who is in breach of this Agreement and may restrict their ability to post messages on Chat on the Sites. Under no circumstances will China Fish be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the Chat by such User. You agree to evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness. You understand that by using the Chat on the Sites, you may be exposed to Content that is offensive, indecent or objectionable. 3.8.4 Without prejudice to your responsibilities under clause 5 of this Agreement, each Member agrees not to use the discussion boards on the Sites to: a) upload, post or e-mail any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content; d) "stalk" or otherwise harass another; e) to use the personal data about other users for purposes unrelated to the discussion board or to disclose personal data on the discussion board about third parties without their authorization: f) upload, post or e-mail any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; g) upload, post or e-mail any Content that infringes any intellectual property rights or other legitimate rights of any party; h) upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation; i) upload, post or e-mail any Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; j) upload, post or e-mail any Content that contains a complaint regarding China Fish Platform’s services or refers to such a complaint on the Sites or to any other Users; any such complaint must be directed to the customer service e-mail on the Sites; or k) violate any applicable national or internal laws or regulations. 3.8.5 You acknowledge that China Fish Platform does not pre-screen Content but that China Fish shall have the right (though not the obligation) in its sole discretion to move, modify or remove any Content that is posted 3.8.6 You shall indemnify and hold China Fish and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any Content you uploaded, posted or e-mailed on or through the discussion boards on the Sites, your use of the Chat on the Sites, or your breach of the provisions set out in clause 3.8.4. 3.8.7 On being made aware of any such breaches, China Fish may ban, delete or prohibit any Content that relates to those breaches or that China Fish in its sole discretion consider to be harmful to the public or the rights of China Fish or any of its affiliates, licensors, partners or Users. 3.8.8 China Fish reserves the right to take whatever action it deems necessary to prevent a User's breach of clause 3.8.4 All incidents will be logged and China Fish's decision shall be final in all such cases. 3.8.9 All information and/or other Content posted on the Sites by the China Fish service team or by User or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. You are encouraged to seek independent professional advice in such situations. 3.9 Intellectual Property Right Complains China Fish respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, there are two ways for you to claim your copyright. 3.9.1 Claim to China Fish, and please provide China Fish following information, please be advised that to be effective, the Notice must include ALL of the following: 1) Identification of the copyright work claimed to have been infringed, Patent Certificate, Patent Statement, Patentee identification, patent state certificate; and the trademark owner should provide trademark registration proof document, a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, etc. 2) Basic information of the infringer; 3) The reasons and proof of the infringement; 4) If there is an agent, please provide the authorization 5) Other related proof. Notices of claimed copyright infringement should be directed to China Fish IPR By email: service@chinafish.cn Tel: +86 10 58203101/02/03 3.9.2 Login www.sipo.gov.cn. Or call +86 10 62356655 for China National Intellectual Property Administration.
4． REGISTRATION ACCOUNT 4.1 By completing the registration progress, and clicking the “I agree” button, you are indicating your consent to be bound by this agreement. You can login China Fish Platform by your email or mobile phone number or Account ID and your password submitted to China Fish Platform, or other login ways permitted by China Fish. 4.2 You hereby represent warrants and agrees to provide true identity information. China Fish will check the truth by mobile phone. If the information is untrue and uncompleted, you can not use our Service or partially use our Service, and you are solely responsible for the results, 4.3 You warrant you have the civil capability with your conduct required by the Laws of the People's Republic of China, when completing the registration or use our service. If you do not have the capability mentioned above, you and your legal guardian should held legally liable or accountable for the result, and China Fish reserves the right to terminate the service to you and your account. If you register China Fish as a business entity, you present and warrant, you reserve the right to have this entity governed by this Agreement. 4.4 Besides, you warrant that you are not prohibited or sanctioned by any country, any organization, or any region, or prohibited by other laws, regulations, otherwise you may not register and use our Service, or your account will be terminated. 4.5 For the safety of your account, use 4-14 characters with a mix of letters and numbers to create your ID, and use 6-12 characters with a mix of numbers, letters and symbols to create your password, the strength of your password should be medium or above. Your ID can not be changed once it is created, but you can change your password in your Center. 5. MEMBER RESPONSIBILITY 5.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by China Fish Platform and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. To the extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to China Fish Platform to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. Information that is protected under data protection laws will only be used and kept in compliance with those laws. 5.2 China Fish Online Platform shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all use of and activities that occur under the Member ID and Password (whether such use or activities are authorized or not). A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person, even to other individuals within the Member's own business entity (where applicable). Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to China Fish Platform and each Member shall indemnify China Fish Platform against any loss or damages (including but not limited to loss of profits) suffered by China Fish as a result of such multiple use of an Account. Each Member hereby undertakes to notify China Fish Platform immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that China Fish Platform shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph. 5.3 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Sites shall not: a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; b) be part of a scheme to defraud other Members or other users of the Sites or for any other unlawful purpose; c) infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights; d) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; e) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); f) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; g) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; h) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; j) involve attempts to copy, reproduce, exploit or expropriate China Fish Platform's various proprietary directories, databases and listings; k) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and l) involve any scheme to undermine the integrity of the computer systems or networks used by China Fish Platform and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks; m) link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use; or n) otherwise create any liability for China Fish or its affiliates. 5.4 Each Member acknowledges and agrees that China Fish Platform reserves the right to, but shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. China Fish Platform does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. 5.5 Each Member agrees to indemnify China Fish Platform, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use. Each Member further agrees that China Fish Platform is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. China Fish Platform reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with China Fish Platform in asserting any available defenses.
6. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS 6.1 Through the Sites, China Fish Platform provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. China Fish Platform reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Sites, China Fish Platform does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Sites. China Fish Platform does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. 6.2 Each Member accessing or using the Sites or Service shall fully assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Service. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that China Fish Platform shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. 6.3 Member agrees to provide all information and materials as may be reasonably required by China Fish Platform in connection with its transactions made via the transactional platform on the Sites. China Fish Platform has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination. 6.4 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify China Fish Platform (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
7. LIMITATION OF LIABILITY 7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CHINA FISH PLATFORM 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 OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHINA FISH PLATFORM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES. 7.3 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall China Fish Platform be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service. 7.4 Any material downloaded or otherwise obtained through the access to or use of the Sites or Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from China Fish Platform through or from the Service shall create any warranty not expressly stated in this Agreement. 7.5 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall China Fish Platform or its affiliates be held liable for any such services or products. 7.6 Under no circumstances shall China Fish Platform be held liable for an delay or failure or disruption of the Service accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic. 7.7 To the extent permitted by law, China Fish Platform shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Service; b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Sites; c) unauthorized access by third parties to data or private information of any Member; d) statements or conduct of any user of the Sites; or e) any other matter relating to the Sites or Service however arising, including negligence. PRIVACY Please review the following policies to know how we use and protect your personal information when you use Services of the relevant Site: for Users who access or use Sites relating to the China Fish Online platform, the Privacy Policy;
8. INTELLECTUAL PROPERTY RIGHTS 8.1 China Fish Platform is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with China Fish, its affiliates or licensors, as the case may be. All rights not otherwise claimed under this Agreement or by China Fish are hereby reserved. 8.2 “China Fish” and related icons and logos are registered trademarks or trademarks or service marks of Beijing Admire Exhibition Co., Ltd., its affiliates in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 9.1 China Fish Platform and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 9.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 9.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 9.4 China Fish's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive China Fish’s right to act with respect with subsequent or similar breaches. 9.5 China Fish shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of China Fish). The Member may not assign, in whole or part, this Agreement to any person or entity. 9.6 THIS AGREEMENT SHALL BE GOVERNED BY THE CONTINENTAL LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”).
10. LANGUAGE If there is any conflict between the English version and Chinese version of this Agreement, the Chinese version shall prevail.
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