sinoapps
Terms of Service
 

 

This SinoApps Service Agreement (the "Agreement") is entered into by and between SinoApps LLC and the entity agreeing to the terms herein ("User"). This Agreement will be effective as of the date when User clicks the "I Accept" button.  If User is accepting on behalf of User employer or another entity, User represents and warrants that: (i) User has full legal authority to bind User employer or such entity to these terms and conditions; (ii) that User has read and understood this Agreement; and (iii) that User agrees, on behalf of the party that User represents, to this Agreement. This Agreement governs User access to and use of the Service (as defined below).

 

Description of Service

 

SinoApps provides Users with access to online applications including templates downloading, and reports generation for China RoHS Compliance based on data provided by users (the "Service" and "Services"). User may connect to the Service using any Internet browser. Users are responsible for obtaining access to the Internet and the equipments necessary to use the Services.  SinoApps will host accounts to enable User to use the Service ("Account").  Users are responsible for the contents they submit and Account information.

 

Fee

 

User agrees that User shall be responsible for all fees concerning the SinoApps Service.  Provided that SinoApps continues to offer the Service to User, SinoApps will continue to provide subscription based Service with monthly fee to User.  User is required to pay the monthly subscription fee during setup.  Should User cancel the service, the service will be terminated immediately without refunding the balance of the current month payment.  SinoApps reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless User prior agreement to pay such charges is obtained. Thus, if at any time SinoApps requires a fee for any of the Services, User will be given reasonable advance notice of such fees and the opportunity to cancel membership before such charges are imposed. If User elects not to pay any fees charged by SinoApps, SinoApps shall have the right to cease providing the Service to User.
 

Modification of Terms of Services

 

SinoApps may modify these Terms of Services upon notice to User at any time. These modifications may include, without limitation, payment for the Services. User will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.sinoapps.com/term.jsp.  In the event SinoApps modifies these Terms of Services, User may terminate any or all of the Services. User continued use of the Service after notice of any change to the Terms of Services will be deemed to be User agreement to the amended Terms of Services.


Member Registration Obligations

In consideration of User use of the Services, User agree to: a) provide true, accurate, current and complete information about User as prompted by the Registration Process; and b) maintain and promptly update User Registration data to keep it true, accurate, current, and complete. If User provides any information that is untrue, inaccurate, outdated, or incomplete, or if SinoApps has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SinoApps has the right to terminate User Membership and refuse current or future use of any or all of the Services.
 

User Generated Content


User may transmit or publish content created by User using any of the SinoApps services or otherwise. However, User shall be solely responsible for such content and the consequences of its transmission or publication. Any content that User may receive from other users of SinoApps services, is provided to User AS IS for Users information and personal use only and User agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any SinoApps Service, if User come across any content with copyright notice(s) or any copy protection feature(s), User agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the SinoApps Services User affirm that User has the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner. Further, by making any content available in the manner aforementioned, User expressly agree that SinoApps shall have the right to block access to or remove such content made available by User, if SinoApps receives complaints concerning any illegality or infringement of third party rights in such content. By using SinoApps services and transmitting or publishing any content using such service, User expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by SinoApps for this purpose.

Subscription to Trial Service

SinoApps may offer certain services as trial services (the "Trial Service") for the purpose of User testing and evaluation. SinoApps shall have the sole authority and discretion to determine the period of time for testing and evaluation of the Trial Service. SinoApps shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Trial Service as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of User subscription to the Trial Service. SinoApps reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Trial Service (or any part thereof) with or without notice. You agree that SinoApps shall not be liable to User or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Trial Service for any reason. All terms in Terms of Services related to the Services shall be applicable to the Trial Services.

Privacy

 

Information provided to SinoApps through the Service is governed by SinoApps Privacy Policy and applicable laws related to privacy information. User election to use the Service indicates User acceptance of the terms of the SinoApps Privacy Policy. User is responsible for maintaining the confidentiality of User Account information and other sensitive information. User is responsible for all activities that occur in User Account and Users agree to notify SinoApps immediately of any unauthorized Account use at support@SinoApps.com. SinoApps is in no way responsible for any loss or damage to User or to any third party incurred as a result of any unauthorized access and/or use of User Member Account.

 

Restriction of use

 

In addition to all other terms and conditions of this Agreement, User shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any Service based on the Services; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and illegal purposes.

 

General practices regarding use and storage

User agrees that SinoApps has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by SinoApps Services. User acknowledge that SinoApps may have set fixed upper limit on the number of transmissions User may send or receive through SinoApps Services or the amount of storage space used.  SinoApps may retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of User use of SinoApps Services, including upon receipt of a certificate or other legal document confirming User death, SinoApps will close User account and User will no longer be able to retrieve content contained in that account.


Spamming and illegal activities

User agrees to be solely responsible for the contents of transmissions through the Services. User agrees not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. User agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. SinoApps reserves the right to terminate the Services if SinoApps believes that User has used the Services for any illegal or unauthorized activities.


Disclaimer of Warranties

USER EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. USERS USE OF SINOAPPS SERVICES IS AT USERS SOLE RISK. SINOAPPS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SINOAPPS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. SINOAPPS AND PARTNERS DO NOT WARRANT THAT (i) SINOAPPS SERVICES WILL MEET USERS REQUIREMENTS, (ii) SINOAPPS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SINOAPPS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH SINOAPPS SERVICES WILL MEET USERS EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SINOAPPS SERVICES IS DONE AT USERS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SINOAPPS OR THROUGH OR FROM SINOAPPS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. Whilst all endeavors have been made as to the accuracy of the information in the template and the english and chinese versions of china rohs reports, SinoApps LLC, and its Directors accept no liability whatsoever for the accuracy of the content, or liability for any damages or financial loss resulting from use of the template and china rohs reports whether in contract, or otherwise.

 

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SINOAPPS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY USERS USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SINOAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. USERS SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SINOAPPS RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to User if Users state does not permit such exclusion or limitation of liability.

Indemnification

 

User agree to indemnify and hold harmless SinoApps, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney fees and costs) arising out of or relating to any claims that User has used the Services in violation of another party rights, in violation of any law, in violations of any provisions of these Terms of Services, or any other claim related to User use of the Services.

Arbitration

 

Any controversy or claim arising out of or relating to these Terms of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, SinoApps may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

 

Trademark

 

SinoApps, the names of different SinoApps Services and their logs are trademarks of SinoApps, LLC. User agree not to display or use, in any manner, the SinoApps trademarks, without SinoApps prior permission.

Termination

 

User agrees that SinoApps may terminate Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms of Services or the SinoApps Privacy Policy, a request by User to terminate User Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of User SinoApps Account includes elimination of access to the Service, deletion of User Account information such as User e-mail ID and Password and deletion of data in User Member Account as permitted or required by law.

END OF TERM OF SERVICES

 

If User has any questions or concerns regarding this agreement, please contact us at support@SinoApps.com

 

 

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