ACCEPTANCE OF TERMS
1.1 WELCOME TO ALIBABA.COM'S FREE SERVICE (the "SERVICE"). The following sets forth the terms and conditions of the Alibaba.com Free Membership Agreement (this "Agreement") between you (“Member”) and an Alibaba.com company ("Alibaba.com") under which Alibaba.com offers you access to the Service through the web sites identified by the uniform resource locator www.alibaba.com and the www.aliexpress.com (the "Sites"). If you are from mainland China, your contract is with Hangzhou Alibaba Advertising Co., Ltd. If you are from Hong Kong and Macau, your contract is with Alibaba.com Hong Kong Limited. If you reside outside mainland China, Hong Kong and Macau, your contract is with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S TERMS OF USE AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "TERMS OF USE"). The Alibaba.com Free Membership Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use.
1.2 Alibaba.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Alibaba.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms..
2. THE SERVICE
2.1 The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
2.2 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 Alibaba.com and notified to you) ("Free Member Benefits"):
a)
Company Profile - allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc.
b)
Products - allows each Member to display and edit descriptions, specifications and images of at least 5 products.
c)
Unlimited Buyer Trade Lead Posting - allows each Member to post on the Site for public display offers to buy products and services from other users of the Site.
2.3 Alibaba.com may suspend or terminate all or part of the above Free Member Benefits at any time in its sole discretion. Alibaba.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
2.4 Benefits, features and functions available to a Member 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.
2.5 The availability of any transactional features and functions on the Site to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Alibaba.com and/or its approved independent third parties.
2.6 Alibaba.com 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 activities that occur under the Member ID and Password. 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 outside of the Member's business entity. 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 Alibaba.com and each Member shall indemnify Alibaba.com against any loss or damages (including but not limited to loss of profits) suffered by Alibaba.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify Alibaba.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that Alibaba.com shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.
2.7 Alibaba.com 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. Alibaba.com further reserves the right 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 Alibaba.com.
2.8 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 Alibaba.com 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 damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
2.9 If your IP address comes from the mainland China when you successfully complete the registration with Alibaba.com Free Membership, you will be granted an Alipay Username in addition to your Member ID. If your registration was completed before March 18, 2013 or the email address you used for your registration has already been registered with other Alibaba Sites (as defined below), you will not be granted the Alipay Username. You are allowed to use the Alipay Username to login to the websites including www.alipay.com, www.taobao.com, www.tmall.com, www.etao.com, www.ju.taobao.com, www.aliyun.com, www.china.alibaba.com and other websites (collectively, the “Alibaba Sites”). You hereby represent and agree to authorize Alibaba.com to provide all the information associated with your Member ID to the Alibaba Sites for the purpose of facilitating your easy and fast access to the Alibaba Sites. Your responsibilities with regard to the Alipay Username shall apply to the same terms and conditions in connection with the Member ID as prescribed under this Agreement. Alibaba.com reserves the right, without prior notice and at its sole discretion, to suspend, restrict or deny access to or use of your Alipay Username and services provided by Alibaba.com and Alibaba Sites if you: (a) use the services provided by Alibaba.com, the Sites and the Alibaba Sites to defraud any person or entity; (b) engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence; (c) engage in any activities that would otherwise create any liability for Alibaba.com, the Sites or the Alibaba Sites.
3. MEMBER RESPONSIBILITIES
3.1 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 Alibaba.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Alibaba.com 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.
3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site 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 Site 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