Privacy Policy
(Updated on May 23, 2022)
PLEASE READ THESE PRIVACY POLICY CAREFULLY!
Welcome
to www.eoem.org! These Terms of Use describe the Privacy Policy
applicable to your access and use of the websites, mobile sites, mobile
applications and other portals owned, operated, branded or made
available by eoem.org (defined below) from time to time which relate to
the EOEM e-commerce platform, including but not limited to: (a) the web
and mobile-optimized versions of the websites identified by the uniform
resource locator “www.eoem.org” and (b) [the mobile applications of the
EOEM e-commerce platform (collectively, the “Sites”).This document is a
legally binding agreement between you as the user(s) of the Sites
(referred to as “you”, “your” or “User” hereinafter) and the eoem.org
entity determined in accordance with clause 2.1 below (referred to as
“we”, “our” or “eoem.org” hereinafter).
1.Application and Acceptance of the Terms
1.1
Your access to and use of the Sites and eoem.org’s services, software
and products through the Sites, which shall include the platforms
described in clause 7.1 of the Terms (such services, software and
products collectively referred to as the “Services” hereinafter) is
subject to the terms and conditions contained in this document as well
as the Privacy Policy (defined in clause 3.3 below), the Product Listing
Policy and any other rules and policies of the Sites that eoem.org may
publish from time to time. The Promotion Services referred to in the
eoem.org Free Membership Agreement shall include Top Ranking and
Sponsored Listing and any such other Services as may be announced by
eoem.org from time to time. This document and such other rules and
policies of the Sites are collectively referred to below as the “Terms”.
By accessing and use of the Sites and Services, you agree to accept and
be bound by the Terms. Please do not access or use the Services or the
Sites if you do not accept all of the Terms.
1.2 You may
not access or use the Services or the Sites and may not accept the
Terms if (a) you are not of legal age to form a binding contract with
eoem.org, or (b) you are not permitted to receive any Services under the
laws of Hong Kong or other countries / regions including the country /
region in which you are resident or from which you access and use the
Services and the Sites.
1.3 Eoem.org may amend any Terms at
any time by posting the relevant amended and restated Terms on the
Sites. By continuing to access or use the Services or the Sites, you
agree that the amended and restated Terms will apply to you.
1.4
If eoem.org has posted or provided a translation of the English
language version of the Terms, you agree that the translation is
provided for convenience only and that the English language version
will govern your access to and use of the Services or the Sites.
1.5
You may be required to enter into separate agreement(s), whether online
or offline, with eoem.org or our affiliate for any Service (or features
within the Services) (each an “Additional Agreement”). If there is any
conflict or inconsistency between the Terms and an Additional
Agreement, the Additional Agreement shall take precedence over the Terms
only in relation to that Service (or feature within the Service)
concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of eoem.org.
2. Provision of Services
2.1
If you are a registered member of any of our Sites, the eoem.org
contracting entity that you are contracting with is Eoem Company
Limited. If you are a registered member of any of the Sites, Eoem
Company Limited (incorporated in HongKong with Company Reg. No.
1267196). As some or part of the Services may be supported and provided
by affiliates of eoem.org, eoem.org may delegate some of the Services
to its affiliates.
2.2 You must register as a member on the
Sites in order to access and use some Services. Further, eoem.org
reserves the right, without prior notice, to restrict access to or use
of certain Services (or any features within the Services) to paying
Users, or subject to other conditions that eoem.org may impose in our
discretion.
2.3 Services (or any features within the
Services) may vary for different regions and countries. No warranty or
representation is given that a particular Service or feature or function
thereof or the same type and extent of the Service or features and
functions thereof will be available for Users. eoem.org may in our sole
discretion limit, deny or create different levels of access to and use
of any Services (or any features within the Services) with respect to
different Users.
2.4 Eoem.org may launch, change, upgrade,
impose conditions to, suspend, or stop any Services (or any features
within the Services) without prior notice except that in case of a
fee-based Service, such changes will not substantially adversely affect
the ability of such paying Users to enjoy that Service.
2.5 Some Services (or part thereof) may be provided by eoem.org’s affiliates on behalf of eoem.org.
3. Users Generally
3.1
As a condition of your access to and use of the Sites or Services, you
agree that you will comply with all applicable laws and regulations when
accessing or using the Sites or Services.
3.2 You agree
that (a) you will not copy, reproduce, download, re-publish, sell,
distribute or resell any Services or any information, text, images,
graphics, video clips, sound, directories, files, databases or listings
etc available on or through the Sites (the “Site Content”), and (b) you
will not copy, reproduce, download, compile or otherwise use any Site
Content for the purposes of operating a business that competes with
eoem.org, or otherwise commercially exploiting the Site Content.
Systematic retrieval of Site Content from the Sites to create or
compile, directly or indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from eoem.org is prohibited. Use
of any content or materials on the Sites for any purpose not expressly
permitted in the Terms is prohibited.
3.3 You must read the
following documents which govern the protection and use of personal
information about Users in the possession of eoem.org and our
affiliates: for Users who access or use Sites relating to the EOEM
e-commerce platform, the eoem.org Privacy Policy (collectively, the
“Privacy Policy”).
3.4 Eoem.org may allow Users to access
to content, products or services offered by third parties through
hyperlinks (in the form of word link, banners, channels or otherwise),
API or otherwise to such third parties\' web sites. You are cautioned to
read such web sites\' terms and conditions and/or privacy policies before
using the Sites. You acknowledge that eoem.org has no control over
such third parties\' web sites, does not monitor such web sites, and
shall not be responsible or liable to anyone for such web sites, or any
content, products or services made available on or through such web
sites.
3.5 You agree not to undertake any action to
undermine the integrity of the computer systems or networks of eoem.org
and/or any other User nor to gain unauthorized access to such computer
systems or networks.
3.6 You agree not to undertake any
action which may undermine the integrity of eoem.org’s feedback system,
such as leaving positive feedback for yourself using secondary Member
IDs or through third parties or by leaving unsubstantiated negative
feedback for another User.
3.7 By posting or displaying any
information, content or material (“User Content”) on the Sites or
providing any User Content to eoem.org or our representative(s), and to
the extent permitted under applicable laws, you grant an irrevocable,
perpetual, worldwide, royalty-free, and sub-licensable (through multiple
tiers) license to eoem.org to display, transmit, distribute,
reproduce, publish, duplicate, adapt, modify, translate, create
derivative works, and otherwise use any or all of the User Content in
any form, media, or technology now known or not currently known in any
manner and for any purpose which may be beneficial to eoem.org, the
operation of the Sites, the provision of any Services and/or the
business of the User. You confirm and warrant to eoem.org that you have
all the rights, power and authority necessary to grant the above
license. Information that is protected under data protection laws will
only be used and kept in compliance with those laws.
4. Member Accounts
4.1
User must be registered on the Sites to access or use some Services (a
registered User is also referred to as a “Member” below). Except with
eoem.org’s approval, one User may only register one member account on
the Sites. eoem.org may cancel or terminate a User’s member account if
eoem.org has reasons to suspect that the User has concurrently
registered or is in control of two or more member accounts. Further,
eoem.org may reject User’s application for registration for any reason.
4.2
Upon registration on the Sites, eoem.org shall assign an account and
issue a member ID and password (the latter shall be chosen by a
registered User during registration) to each registered User. An
account may have a web-based email account with limited storage space
for the Member to send or receive emails.
4.3 A set of
Member ID and password is unique to a single account. Each Member shall
be solely responsible for maintaining the confidentiality and security
of your Member ID and password and for all use of and activities that
occur under your account (whether such use or activities are authorized
or not). No Member may share, assign, or permit the use of your Member
account, ID or password by another person, even to other individuals
within the Member’s own business entity (where applicable). Member
agrees to notify eoem.org immediately if you become aware of any
unauthorized use of your password or your account or any other breach of
security of your account.
4.4 Member agrees that all use
of the Sites and Services, and all activities that occur under your
account (including without limitation, posting any company or product
information, clicking to accept any Additional Agreements or rules,
subscribing to or making any payment for any services, sending emails
using the email account or sending SMS) will be deemed to have been
authorized by the Member.
4.5 Member acknowledges that
sharing of your account with other persons, or allowing multiple users
outside of your business entity to use your account (collectively,
"multiple use"), may cause irreparable harm to eoem.org or other Users
of the Sites. Member shall indemnify eoem.org, our affiliates,
directors, employees, agents and representatives against any loss or
damages (including but not limited to loss of profits) suffered as a
result of the multiple use of your account. Member also agrees that in
case of the multiple use of your account or Member’s failure to maintain
the security of your account, eoem.org shall not be liable for any loss
or damages arising from such a breach and shall have the right to
suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
5.1
Each Member represents, warrants and agrees that (a) you have full
power and authority to accept the Terms, to grant the license and
authorization and to perform the obligations hereunder; (b) your access
and use the Sites and Services will be for business purposes only; and
(c) for Members who are business entities, the address you provide when
registering is the principal place of business of your business entity.
For purposes of this provision, a branch or liaison office will not be
considered a separate entity and your principal place of business will
be deemed to be that of your head office.
5.2 Member will
be required to provide information or material about your entity,
business or products/services as part of the registration process on the
Sites for your access to and use of any Service or the member account.
Each Member represents, warrants and agrees that (a) such information
and material whether submitted during the registration process or
thereafter throughout the continuation of the use of the Sites or
Service is true, accurate, current and complete, and (b) you will
maintain and promptly amend all information and material to keep it
true, accurate, current and complete.
5.3 Upon becoming a
Member, you consent to the inclusion of the contact information about
you in our database and authorize eoem.org and our affiliates to share
the contact information with other Users or otherwise use your personal
information in accordance with the Privacy Policy.
5.4
Each Member represents, warrants and agrees that (a) you shall be solely
responsible for obtaining all necessary third party licenses and
permissions regarding any User Content that you submit, post or display;
(b) any User Content that you submit, post or display does not infringe
or violate any of the copyright, patent, trademark, trade name, trade
secrets or any other personal or proprietary rights of any third party
(“Third Party Rights”); (c) you have the right and authority to sell,
trade, distribute or export or offer to sell, trade, distribute or
export the products or services described in the User Content and such
sale, trade, distribution or export or offer does not violate any Third
Party Rights and (d) you and your affiliates are not the subject of any
trade restrictions, sanctions or other legal restrictions enacted by
any country, international organization or jurisdiction.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c)
not contain information that is defamatory, libelous, threatening or
harassing, obscene, objectionable, offensive, sexually explicit or
harmful to minors;
d) not contain information that is discriminatory
or promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f)
not violate any applicable laws and regulations (including without
limitation those governing export control, consumer protection, unfair
competition, or false advertising) or promote any activities which may
violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d)
not use the Services or Sites to defraud any person or entity
(including without limitation sale of stolen items, use of stolen
credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g)
not engage in any other unlawful activities (including without
limitation those which would constitute a criminal offence, give rise to
civil liability, etc) or encourage or abet any unlawful activities;
h)
not involve attempts to copy, reproduce, exploit or expropriate
eoem.org’s various proprietary directories, databases and listings;
i)
not 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;
j) not involve any scheme to undermine the integrity of
the data, systems or networks used by eoem.org and/or any user of the
Sites or gain unauthorized access to such data, systems or networks;
k)
not, and your director(s), officer(s), controlling party/ies,
affiliates and legal jurisdiction in which any of the foregoing persons
or entities is organized or has operations are not, persons or entities
that are subject to any economic or fraud sanctions of any governmental,
international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for eoem.org or our affiliates.
5.7
Member may not use the Sites, Services or member account to engage in
activities which are identical or similar to eoem.org’s e-commerce
marketplace business.
5.8 If Member provides a business
referee, Member represents, warrants and agrees that you have obtained
all necessary consents, approvals and waivers from such referee to (a)
act as your business referee; (b) post and publish their contact details
and information, reference letters and comments on their behalf; and
(c) that third parties may contact such business referees to support
claims or statements made about you. You further warrant and agree that
all reference letters and comments are true and accurate and third
parties may contact the business referees without the need to obtain
your consent.
5.9 Member agrees to provide all necessary
information, materials and approval, and render all reasonable
assistance and cooperation necessary for eoem.org’s provision of the
Services, evaluating whether Member has breached the Terms and/or
handling any complaint against the Member. If Member’s failure to do so
results in delay in, or suspension or termination of, the provision of
any Service, eoem.org shall not be obliged to extend the relevant
service period nor be liable for any loss or damages arising out of or
in connection with such delay, suspension or termination.
5.10
Member acknowledges and agrees that eoem.org reserves the right to, but
shall not be required to actively monitor or exercise any editorial
control whatsoever over the content of any message or material or
information (including User Content) created, obtained or accessible
through the Services or Sites. eoem.org does not endorse, verify or
otherwise certify the contents of any comments or other material or
information (including User Content) created, submitted, posted,
displayed or otherwise 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
5.11 Member acknowledges and
agrees that the Sites and Services may only be used by businesses and
their representatives for business use and not for individual consumers
or for personal use.
5.12 Member acknowledges and agrees
that each Member is solely responsible for observing applicable laws and
regulations in its respective jurisdictions to ensure that all access
and use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1
Eoem.org reserves the right in our sole discretion to remove, modify or
reject any User Content that you submit to, post or display on the
Sites which we reasonably believe is unlawful, violates the Terms,
could subject eoem.org or our affiliates to liability, or is otherwise
found inappropriate in eoem.org’s sole discretion.
6.2 If
any Member breaches any Terms, or if eoem.org has reasonable grounds to
believe that a Member is in breach of any Terms, eoem.org shall have
the right to take such disciplinary actions as it deems appropriate,
including without limitation: (A) suspending or terminating the Member’s
account and any and all accounts determined to be related to such
account by eoem.org in its sole discretion without liability for any
losses or damages arising out of or in connection with such suspension
or termination; (B) restricting, downgrading, suspending or terminating
the subscription of, access to, or current or future use of any
Service; (C) removing any product listings or other User Content that
the Member has submitted, posted or displayed, or imposing restrictions
on the number of product listings or User Content that the Member may
post or display; (D) imposing other restrictions on the Member’s use of
any features or functions of any Service as eoem.org may consider
appropriate in its sole discretion; and (E) any other corrective
actions, discipline or penalties as eoem.org may deem necessary or
appropriate in its sole discretion.
6.3 Without limiting
the generality of the provisions of the Terms, a Member would be
considered as being in breach of the Terms in any of the following
circumstances:
a) upon complaint or claim from any third party,
eoem.org has reasonable grounds to believe that such Member has
willfully or materially failed to perform your contract with such third
party including without limitation where a Member who supplies products
or services using the Sites and Services has failed to deliver any items
ordered by such third party after receipt of the purchase price, or
where the items such Member has delivered materially fail to meet the
terms and descriptions outlined in your contract with such third party,
b)
eoem.org has reasonable grounds to suspect that such Member has used a
stolen credit card or other false or misleading information in any
transaction with a counter party,
c) eoem.org has reasonable grounds
to suspect that any information provided by the Member is not current or
complete or is untrue, inaccurate, or misleading,
d) eoem.org
believes that the Member’s actions may cause financial loss or legal
liability to eoem.org or our affiliates or any other Users.
6.4
Eoem.org reserves the right to cooperate fully with governmental or
regulatory authorities, law enforcement bodies, private investigators
and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. Further, to the extent permitted by
applicable laws and policies, eoem.org may disclose the Member\'s
identity, contact information and/or information regarding the Member\'s
account(s), transactions or activities carried out on or via the Site,
if requested by a government, regulatory or law enforcement body or an
injured third party, or as a result of a subpoena or other legal action.
eoem.org shall not be liable for damages or results arising from such
disclosure, and Member agrees not to bring any action or claim against
eoem.org for such disclosure.
6.5 Eoem.org may, at any time
and in our reasonable discretion, impose limitations on, suspend or
terminate the Member’s use of any Service or the Sites without being
liable to the Member if eoem.org has received notice that the Member is
in breach of any agreement or undertaking with any affiliate of
eoem.org! and such breach involves or is reasonably suspected to involve
dishonest or fraudulent activities. eoem.org reserves the right to, but
shall not be required to investigate such breach or request
confirmation from the Member.
6.6 Each Member agrees to
indemnify eoem.org, our affiliates, directors, employees, agents and
representatives and to hold them harmless, from any and all damages,
losses, claims and liabilities (including legal costs on a full
indemnity basis) which may arise from your submission, posting or
display of any User Content, from your access to or use of the Sites or
Services, or from your breach of the Terms or any Additional Agreements.
6.7
Each Member further agrees that eoem.org is not responsible, and shall
have no liability to you or anyone else for any User Content or other
material transmitted through the Sites or Services, including
fraudulent, untrue, misleading, inaccurate, defamatory, offensive or
illicit material and that the risk of damage from such User Content or
other material rests entirely with the Member. eoem.org reserves the
right, at our 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 eoem.org in asserting any
available defenses.
7. Transactions Between Buyers and Sellers
7.1
Through the Sites, eoem.org provides electronic web-based platforms for
exchanging information between buyers and sellers of products and
services. eoem.org additionally provides electronic web-based
transaction platforms for Members to place, accept, conclude, manage and
fulfill orders for the provision of products and services online within
the Sites subject to the terms of the Transaction Services Agreement.
However, for any Services, eoem.org does not represent either the seller
or the buyer in specific transactions. eoem.org does not control and is
not liable or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Sites,
the ability of the sellers to complete a sale or the ability of buyers
to complete a purchase.
7.2 Users are hereby made aware
that there may be risks of dealing with people acting under false
pretences. eoem.org uses several techniques to verify the accuracy of
certain information our paying Users provide us when they register for a
paying membership service on the Sites. However, because user
verification on the Internet is difficult, eoem.org can not and does not
confirm each User\'s purported identity (including, without limitation,
paying Members). We encourage you to use various means, as well as
common sense, to evaluate with whom you are dealing.
7.3
Buyers and sellers accessing or using the Sites or Services shall assume
the risks of conducting any purchase and sale transactions in
connection with or through the Sites or Services. Buyer and sellers
accessing or using the Site or Services shall also fully assume all
risks of liability or harm of any kind arising out of or in connection
with any subsequent activity relating to the products or services that
are the subject of the transactions on the Sites. Examples of such risks
shall include, but are not limited to, mis-representation of products
and services, fraudulent schemes, unsatisfactory product quality,
failure to meet specifications, defective or dangerous products,
unlawful products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract, transportation
accidents, the risk that the manufacture, importation, export,
distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Sites may violate or may be
asserted to violate Third Party Rights, and the risk that Users may
incur costs of defense or other costs in connection with third parties’
assertion of Third Party Rights, or in connection with any claims by
any party that they are entitled to defense or indemnification in
relation to the assertion of rights, demands or claims by claimants of
Third Party Rights. Examples of such risks also include the risk of
claims from consumers, other purchasers, end-users of products or other
third parties that they have suffered injuries or harm from their use of
the products obtained through the Sites or Services. All of the
foregoing risks are referred to as "Transaction Risks". eoem.org is not
liable or responsible for any damages, claims, liabilities, costs, harm,
inconveniences, business disruptions or expenditures of any kind that
may arise a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transactional Services Agreement (and in particular, clause 3.2).
7.5 User agrees to provide all
information and materials as may be reasonably required by eoem.org in
connection with your transactions conducted on, through or as a result
of use of the Sites or Services. eoem.org has the right to suspend or
terminate any User’s account if the User 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.
7.6
In the event that any User has a dispute with any party to a
transaction, such User agrees to release and indemnify eoem.org (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.
8. Limitation of Liability
8.1
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY
Eoem.org ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE"
AND “WITH ALL FAULTS”, AND Eoem.org 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. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE
HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY
LAW, Eoem.org MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;
Eoem.org DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE,
IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE
AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES
DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Eoem.org MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR
SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material
downloaded or otherwise obtained through the Sites or Services is done
at each User\'s sole discretion and risk and each User is solely
responsible for any damage to its own or to eoem.org’s computer
system(s) or any loss of data that may result from the download of any
such material. No advice or information, whether oral or written,
obtained by any User from eoem.org or through or from the Sites shall
create any warranty not expressly stated herein.
8.4 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 eoem.org or our
affiliates be held liable for any such services or products.
8.5
Each User hereby agrees to indemnify and save eoem.org, our affiliates,
directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User\'s access to or use of the Sites or
Services (including but not limited to the display of such User\'s
information on the Sites) or from your breach of any of the terms and
conditions of the Terms. Each User hereby further agrees to indemnify
and save eoem.org, our affiliates, directors, officers and employees
harmless, from any and all losses, damages, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from
User\'s breach of any representations and warranties made by User to
eoem.org, including but not limited to those set forth in clause 5
hereunder.
8.6 Each User hereby further agrees to
indemnify and save eoem.org, our affiliates, directors, officers and
employees harmless, from any and all losses, damages, claims,
liabilities (including legal costs on a full indemnity basis) which may
arise, directly or indirectly, as a result of any claims asserted by
Third Party Rights claimants or other third parties relating to products
offered or displayed on the Sites. Each User hereby further agrees that
eoem.org is not responsible and shall have no liability to you, for any
material posted by others, including defamatory, offensive or illicit
material and that the risk of damages from such material rests entirely
with each User. eoem.org reserves the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you shall cooperate with
eoem.org in asserting any available defenses.
8.7 Eoem.org
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, equity or otherwise or any other damages resulting from any of the
following:
a) the use or the inability to use the Sites or Services;
b)
any defect in goods, samples, data, information or services purchased
or obtained from a User or any other third party through the Sites or
Services;
c) violation of Third Party Rights or claims or demands
that User\'s manufacture, importation, exportation, distribution, offer,
display, purchase, sale and/or use of products or services offered or
displayed on the Sites or through the Services may violate or may be
asserted to violate Third Party Rights; or claims by any party that they
are entitled to defense or indemnification in relation to assertions of
rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites or Services;
f) any matters relating to the Sites or Services, however arising, including negligence.
8.8
Notwithstanding any of the foregoing provisions, the aggregate
liability of eoem.org, our employees, agents, affiliates,
representatives or anyone acting on our behalf with respect to each User
for all claims arising from the access to or use of the Sites or
Services during any calendar year shall be limited to the greater of (a)
the amount of fees the User has paid to eoem.org in exchange for the
access to or use of the Site or Services during the calendar year and
(b) the maximum amount permitted under the applicable law. The
preceding sentence shall not preclude the requirement by the User to
prove actual damages. All claims arising from the use of the Sites or
Services must be filed within one (1) year from the date the cause of
action arose or such longer period as prescribed under the applicable
law governing the Terms.
8.9 The limitations and
exclusions of liability to you under the Terms shall apply to the
maximum extent permitted by law and shall apply whether or not eoem.org
has been advised of or should have been aware of the possibility of any
such losses arising.
9. Force Majeure
9.1
Under no circumstances shall eoem.org be held liable for any delay or
failure or disruption of the content or the Services accessed or
delivered through the Sites resulting directly or indirectly from acts
of nature, forces or causes beyond our 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.
10. Intellectual Property Rights
10.1
Eoem.org is the sole owner or lawful licensee of all the rights and
interests in the Sites and the Site Content. The Sites and Site Content
embody trade secrets and other intellectual property rights protected
under worldwide copyright and other laws. All title, ownership and
intellectual property rights in the Sites and Site Content shall remain
with eoem.org, our affiliates or licensors, as the case may be. All
rights not otherwise claimed under the Terms or by eoem.org are hereby
reserved.
10.2 "EOEM", "Eoem.org" and related icons and
logos are registered trademarks or trademarks or service 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.
10.3
Eoem.org may have independent third parties involved in the provision
of the Sites or Services (e.g., the authentication and verification
service providers). You may not use any trademark, service mark or logo
of such independent third parties without prior written approval from
such parties.
11. Notices
11.1 All
legal notices or demands to or upon eoem.org shall be made in writing
and sent to eoem.org personally, by mail to info@eoem.org. The notices
shall be effective when they are received by eoem.org in any of the
above-mentioned manner.
11.2 All legal notices or demands
to or upon a User shall be effective if either delivered personally,
sent by courier, certified mail, by facsimile or email to the
last-known correspondence, fax or email address provided by the User to
eoem.org, or by posting such notice or demand on an area of the Sites
that is publicly accessible without a charge. Notice to a User shall be
deemed to be received by such User if and when:
a) eoem.org is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User
b) immediately upon eoem.org posting such notice on an area of the Sites that is publicly accessible without charge.
11.3
You agree that all agreements, notices, demands, disclosures and other
communications that eoem.org sends to you electronically will satisfy
any legal requirement that such communication should be in writing.
12. General Provisions
12.1
Subject to any Additional Agreements, the Terms constitute the entire
agreement between you and eoem.org with respect to and govern your use
of the Sites and Services, superseding any prior written or oral
agreements in relation to the same subject matter herein.
12.2
Eoem.org and you are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by the Terms.
12.3 If
any provision of the Terms is held to be invalid or unenforceable, such
provision shall be deleted and the remaining provisions shall remain
valid and be enforced.
12.4 Headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such clause.
12.5 Eoem.org’s failure to
enforce any right or failure to act with respect to any breach by you
under the Terms will not constitute a waiver of that right nor a waiver
of eoem.org’s right to act with respect to subsequent or similar
breaches.
12.6 Eoem.org shall have the right to assign the
Terms (including all of our rights, titles, benefits, interests, and
obligations and duties in the Terms to any person or entity (including
any affiliates of eoem.org). You may not assign, in whole or part, the
Terms to any person or entity.
12.7 If you are from outside
of mainland China, the Terms shall be governed by the laws of Hong Kong
without regard to its conflict of law provisions and the parties to the
Terms agree to submit to the exclusive jurisdiction of the courts of
Hong Kong. If you are from mainland China, the Terms shall be governed
by the laws of People’s Republic of China.
12.8 If you
have any comments on the Services we provide to you, you may contact our
customer service support line with any such feedback or questions.
13. Data Collection of information
13.1. USER INFORMATION
13.2. USE OF PERSONAL DATA
13.3. DISCLOSURE OR SHARING OF PERSONAL DATA
13.4. RETENTION
13.5. RIGHTS REGARDING PERSONAL DATA
For 13.1 ~ 13.5 details check here
Contact information of the Data Protection Officer : Dataprotection@eoem.org