Duoyinfo Co., Ltd. Terms of Use
Knowledge
Terms of Use

Any and all access to and use of this Website are subject to, and constitute each Visitor’s (as defined in Clause 1 below) acknowledgment and acceptance of, the following terms (“Terms of Use”). Each Visitor also agrees to accept and comply with any and all other guidelines, notices, operating rules, policies and instructions pertaining to the access and use of this Website, as well as any amendments to the aforementioned, issued by Publisher (and/or other relevant members of theDuoyinfo Company(as defined in Clause 1 below)) and posted in this Website, from time to time. If any Visitor does not accept these Terms of Use (and such guidelines, notices, operating rules, policies and instructions), the Visitor must stop accessing and using this Website.


1.    Definitions and interpretation
 
Definitions: In these Terms of Use, the following words and expressions shall, unless the context otherwise requires, have the following respective meanings:-

“Affected Provision” shall have the meaning ascribed thereto in Clause 19 below.

“Force Majeure Event” in relation to a person or entity, shall mean an event or a failure which is beyond that person's or entity's reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; hurricane; typhoon; tsunami; earthquake; natural or other disasters; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; disease outbreaks, epidemics or quarantine or travel restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; acts of terrorism; strikes, lockouts, work stoppages or labour disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.

“Duoyinfo  Content” shall mean this Website, and all content, information, applications, programmes, texts, images, links, sounds, graphics, videos, software and other materials displayed or made available on this Website, and all files within and attachments transmitted through this Website and all data within such files and attachments, but excluding Third Party Content.

“Duoyinfo” shall mean Duoyinfo Co., Ltd., and its subsidiaries (including Publisher) from time to time.

“Duoyinfo  Indemnitees” shall mean Publisher and other members of the Duoyinfo  Group, and any directors, officers, employees, representatives, agents, service providers and/or assigns thereof.
“Intellectual Property Rights” shall mean all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Liabilities” shall mean claims, demands, damages, losses, liabilities, settlement sums, suits, actions, proceedings, judgments, fines, penalties, charges, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis.

“Overall Content” shall mean the Duoyinfo  Content and the Third Party Content, collectively.

“Password” shall refer to the valid password that is used in conjunction with the Username to access and use password-protected and/or secure areas of this Website that are restricted to authorised users only.

“Publisher” shall have the meaning ascribed thereto in the first paragraph of the opening section above.

“Relevant Activity” in relation to any product appearing in this Website and/or any of the Overall Content, shall mean any one or more of the following (as the context requires): the import, export, storage, transportation, transit, customs clearance, delivery, use, advertising, display, reproduction, offer, sale, supply, purchase, provision or re-sale of such product or any transaction, activity or dealing in respect of any such product.

“Specific Services” shall mean those services, provided by relevant members of theDuoyinfo Companyin or through this Website.
“Specific Terms” shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant members of theDuoyinfo Companyin relation to such Specific Services, or those contained in respective agreements entered into between Visitors and relevant members of theDuoyinfo Companyin relation to such Specific Services.

“Terms of Use” shall have the meaning ascribed thereto in the second paragraph of the opening section above.

“Third Party Content” shall mean those content, information, applications, programmes, texts, images, links, sounds, graphics, videos, software and other materials displayed in or made available in or through, included in, posted through, or linked through, this Website (including all files within and attachments transmitted through this Website and all data within such files and attachments), which are submitted by, originate from, are provided by, are obtained from or pertain to third party websites or other third parties, and in or to which the Intellectual Property Rights are not owned by members of the Duoyinfo  Group.
“Third Party Licensors” shall mean the respective owners (not being members of the Duoyinfo  Group) of the titles, rights and interests in or to the Third Party Content.
 
 
2.    Application of other terms and conditions
These Terms of Use shall apply to each Specific Service, in addition to any and all other Specific Terms applicable to such Specific Service; provided however that:-
 
 
3.    Ownership of Intellectual Property Rights
 
 
     The trade marks, service marks, trade names and logos used and displayed on this Website (collectively the “Trade Marks”) are registered and unregistered trade marks of Publisher and/or other relevant members of theDuoyinfo Companyand/or other third parties. No right or licence is given to Visitors to download, reproduce or use such Trade Marks. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks, without the written permission of Publisher and/or other relevant members of theDuoyinfo Companyand/or other third parties. The names of Publisher and/or other relevant members of theDuoyinfo Companymay not be used in any way without the prior written permission of Publisher and/or other relevant members of the Duoyinfo  Group. Any other names of third party companies, products, programmes, applications, systems and solutions mentioned or referred to in this Website are or may be the trade marks of the respective owners/licensors or licensees, and in such cases, Publisher and/or other relevant members of theDuoyinfo Companyare not and should not be deemed to be connected or associated or affiliated in any way with such other owners/licensors or licensees.
 
4.    Restricted use of Overall Content
Visitors may use, download, reproduce and/or distribute internally non-substantial portions of the Duoyinfo  Content, on an occasional ad-hoc basis, solely and exclusively for personal or internal and non-commercial purposes, PROVIDED HOWEVER THAT:-
 
 
      
 
5.    Protection of Intellectual Property Rights
Visitors acknowledge that this Website and the Duoyinfo  Content (or the Third Party Content, as the case may be) were prepared by Publisher and/or other relevant members of theDuoyinfo Company(or the Third Party Licensors, as the case may be) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money.
 
6.    Updates
All updates to or addition of Duoyinfo  Content and Third Party Content, and all new versions of this Website shall be subject to these Terms of Use as if each such update, addition and/or new version were the original Duoyinfo  Content, Third Party Content or Website (as the case may be) referred to herein.
 
7.    Modifications
Publisher and/or other relevant members of theDuoyinfo Companyreserve the right to control the look and feel of this Website and shall be entitled to publish any notices or disclaimers on this Website in the manner and to the extent deemed necessary by Publisher and/or other relevant members of theDuoyinfo Companyat their sole discretion
 
 
8.    No endorsement of third parties
     Such third party websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such third party websites or in or through this Website) and Third Party Content are the sole responsibility of independent third parties and are not under the control of Publisher and/or other relevant members of the Duoyinfo  Group, and as against Publisher and/or other relevant members of the Duoyinfo  Group, Visitors’ access and/or use thereof and/or reliance thereon is solely at such Visitors’ own risk (and Visitors are advised not to act and/or rely thereon without first independently verifying the same).
 
9.    Exclusion of representations and warranties
Information displayed on this Website may be from a variety of sources. All data and/or information (including Overall Content) contained in this Website is provided for informational purposes only.
 
 
10.    Exclusion of liability
In no event nor for any reason whatsoever shall Publisher and/or other relevant members of the Duoyinfo  Group, their licensors, dealers, distributors, representatives, agents, directors, officers or employees, or any third party involved in the creation, production or delivery of this Website or any of the Overall Content be liable, even if foreseeable or if the foregoing parties may have been advised of, or otherwise might have anticipated, the possibility or likelihood  of such loss, damages or expenses, for any loss, damages or expenses (including direct, indirect, special, incidental, secondary, consequential, punitive or exemplary damage, or economic or financial loss, or any claims for loss of profits, loss of data, loss of business information, loss of use, loss of anticipated revenue, profits or benefits or business interruption or delay), whatsoever or howsoever caused (regardless of the form of action, including tort or strict liability), arising directly or indirectly from or in connection with:-
 
 
11.    Limitation of liability
Notwithstanding any other provision of these Terms of Use, the maximum cumulative liability of all of Publisher and/or other relevant members of theDuoyinfo Companyand their licensors, dealers, distributors, representatives, agents, directors, officers or employees, or third parties (if any) involved in the creation, production or delivery of this Website or any of the Overall Content, in respect of all Liabilities under, arising out of or in connection with these Terms of Use and the provision of this Website and the Overall Content, shall in no event exceed in the aggregate the sum of one United States Dollar (US$1.00) only, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, or for any loss, damage or liability whatsoever.
 
12.    Infringement of rights and/or violation of laws or regulations
     Each Visitor agrees and undertakes that the Visitor shall not use this Website or any of the Overall Content in any manner that infringes or violates, or might potentially infringe or violate, any rights and interests (including without limitation Intellectual Property Rights) of any person or entity, or any applicable law or regulation.
 
 
13.    Indemnity
Visitors shall indemnify the Duoyinfo  Indemnitees against any Liabilities that may be suffered, sustained or incurred, directly or indirectly, by the Duoyinfo  Indemnitees as a result of, or arising from or in connection with:-
 
 
14.    Use and operation of this Website
     Use of information relating to or collected at this Website: Visitors agree that all information and/or particulars sent or submitted by such Visitors in relation to any access and/or use of the Website or which have been collected from such Visitors’ access and/or use of this Website is non-confidential and non-proprietary unless otherwise expressly indicated by such Visitors and may be used by Publisher and/or the relevant member of theDuoyinfo Companyin accordance with this Website’s Privacy Policy (accessible through the “Privacy Policy” link in the footer of this Website).
 
15.    Termination of access
Visitors agree that theDuoyinfo Companymay, at its sole discretion, deny or suspend such Visitors’ access to password-protected or secure areas of this Website, or any of the services, features or functionalities provided in or through this Website, for any reason, including without limitation, if theDuoyinfo Companybelieves that such Visitors have violated or acted inconsistently with any terms or conditions set out herein, or if in the Duoyinfo  Group’s opinion, it is not suitable to continue providing such areas, services, features or functionalities.
16.    Delegation
Publisher and/or other relevant members of theDuoyinfo Companymay delegate or outsource the performance of any of their functions in connection with this Website and reserve the right to use any agents, delegates or contractors on such terms as they deem appropriate.
17.    Entire agreement
These Terms of Use, together with any other Specific Terms relating to Specific Services (if applicable), constitute the entire agreement between the Visitor and Publisher and/or other relevant members of theDuoyinfo Companywith respect to the subject matter hereof and thereof, and supersede any and all prior written and/or oral representations, understandings, agreements or communications between such parties regarding the subject matter hereof and thereof.

 18.    Waivers
Failure or delay of either party to insist at any time upon strict compliance with any provision herein, to exercise any right or remedy contained in these Terms of Use or to seek remedy of any breach shall not constitute or be construed as a waiver of such provision or breach, or of any other rights or remedies, or a bar to the exercise or enforcement at any subsequent time or times.
No waiver of any right under or any provision of these Terms of Use shall be valid or effective unless in writing signed by the party granting such waiver.
Any waiver of any right under or any provision of these Terms of Use shall not be deemed to be a waiver of any other right(s) under or any other provision(s) of these Terms of Use or of the same right or provision on another occasion.
19.    Illegality
If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable ("Affected Provision"), then, to the maximum extent possible, such Affected Provision shall be modified and/or replaced by an equivalent legal, valid and enforceable provision in a manner which accords with or which gives effect to, as closely as possible, the original intent of the Affected Provision. If, however, such modification or replacement is not possible, then (if and to the extent permissible) the Affected Provision shall be deemed to be severed from these Terms of Use. The illegality, invalidity or unenforceability of, or the modification, replacement or severance of, the Affected Provision shall not in any way affect or impair the legality, validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
20.    Relationship of parties
The relationship of the Visitors and theDuoyinfo Companyestablished by these Terms of Use shall be solely that of independent contractors. Nothing contained in these Terms of Use shall constitute or be construed as creating any fiduciary, partnership, joint venture, agency or sales representative relationship between the Visitors and the Duoyinfo  Group, and neither of the Visitors nor theDuoyinfo Companyshall have any right whatsoever to incur any obligations or liabilities on behalf of or binding on the other party.
21.    Rights of third parties
Save for other relevant members of the Duoyinfo  Group, a person or entity who is not a party to these Terms of Use shall have no right to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 21 shall affect the rights of any permitted assignee or transferee of these Terms of Use.
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