a) "Force Majeure Event" in relation to a person or entity shall mean an event beyond that person's or entity's reasonable control, including but not limited to: natural disasters; 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; epidemics or quarantine restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments); supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.
b) “subcon.cn Content” shall mean all content or materials(including text and images) in this website, all files within this website and all data within such files, but excluding Third Party Content.
c) "Third Party Content" shall mean those content or materials (including text and images) in this website the titles, rights and interests in or to which are not owned by subcon.cn but by the respective Third Party Licensors.
d) "Overall Content" shall mean the subcon.cn Content, the Third Party Content, and any and all attachments transmitted through this website.
f) "Specific Terms" shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant members of the Spx-chongqing.org in relation to such Specific Services, or those contained in respective agreements entered into between Users and Spx-chongqing.org in relation to such Specific Services.
g) "User" shall mean the individual who, or the entity whose agent, accesses or uses this website, the services provided in this website, or any of the Overall Content.
2. Application of other terms and conditions
b) Only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the Specific Terms shall prevail.
3. Intellectual Property
Unless otherwise expressly stated:
a) All titles, rights and interests (including without limitation copyright) in respect of the subcon.cn belong to subcon.cn and/or the owner of the subcon.cn, and nothing herein confers on the User any title, right or interest in respect thereof; and
b) All titles, rights and interests (including without limitation copyright) in respect of Third Party Content belong to the respective Third Party Licensor, and nothing herein confers on the User any title, right or interest in respect thereof.
c) The Third Party Content does not represent the opinion of subcon.cn or its owner.
4. Use of subcon.cn Content
Users of this website may use the subcon.cn Content solely and exclusively for personal or internal purposes. The Users may download and/or reproduce limited portions of the subcon.cn Content on an occasional ad hoc basis and distribute such subcon.cn Content internally, solely and exclusively for personal or internal purposes; provided however that:
a) the use, reproduction and distribution of such subcon.cn Content (either in hard copy or electronic form) is not done in any manner which might be competitive with the subcon.cn owner 's use, reproduction or distribution of content or other content similar thereto; and
b) such subcon.cn Content is reproduced and distributed with appropriate notices, including copyright notices, indicating subcon.cn (and/or subcon.cn’s owner, as the case may be) as the source of such subcon.cn Content and prohibiting any further reproduction or distribution of such subcon.cn Content.
c) Downloading, reproduction, distribution and/or use of any subcon.cn Content does not transfer any title, right or interest in or to such subcon.cn Content, and such subcon.cn Content may be downloaded, reproduced, distributed and/or used only in accordance with this paragraph 4.
d) Except as expressly permitted by the owner of the content, Users of this website may not copy, reproduce, modify, alter, reverse engineer, disassemble, sell, transfer, rent, license, publish, distribute, disseminate in any form or otherwise allow access to all or any subcon.cn Content or Third Party Content.
e) If the User is a corporation, this provision shall apply to any subsidiary, affiliate or parent of such corporation.
5. Protection of Intellectual Property Rights
The User expressly acknowledges that this website and the subcon.cn Content (or the Third Party Content, as the case may be) were prepared by the subcon.cn (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.
The User agrees to protect all copyright and other intellectual property or other proprietary rights and interests of the subcon.cn (or the Third Party Licensors, as the case may be) in or to this website and the subcon.cn Content (or the Third Party Content, as the case may be).
In addition, the User shall honor and comply with reasonable written requests made by the subcon.cn in connection with the protection, enforcement or exercise of the subcon.cn's (or, as the case may be, the Third Party Licensors') contractual and other legal (whether statutory or common law) or equitable rights and remedies in respect of this website and the subcon.cn Content (or the Third Party Content, as the case may be).
The subcon.cn reserves the right to alter or modify this website, including portions thereof, from time to time. Such alterations or modifications may include, without limitation, addition or withdrawal of features, services, data or content or changes in instructions. The subcon.cn may also at any time suspend or discontinue all or any part of this website or the provision of updates.
8. No endorsement of third parties
a) The subcon.cn does not endorse or make any representation or warranty whatsoever (whether express or implied), and shall not be responsible or liable under any circumstances whatsoever, in respect of :
i. any third party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein; and/or
ii. any product, service, information, data or other content offered or provided by third parties in or through this website.
Such third party websites and such third party products, services, information, data or other content (whether provided or offered therein or in or through this website) are the sole responsibility of independent third parties, and as against the subcon.cn, the User's use thereof or reliance thereon is solely at the User's own risk. A User's rights and remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the User and the relevant third party.
b) Without prejudice to the generality of paragraph 8(a) above:-
i. a description or reference to a product or service in this website (including any description or reference via hyperlink) does not imply endorsement by any member of the subcon.cn of that product or service;
ii. the subcon.cn does not make any representation or warranty as to the quality, accuracy, reliability or suitability of any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website); and
iii. the subcon.cn shall not be liable or responsible for any defects, deficiencies, errors, omissions or inaccuracies in any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website).
9. Exclusion of representations and warranties
This website and the overall content are made available “As is” without any representation or warranty whatsoever, whether express or implied, including but not limited to any representation or warranty as to their performance, merchantability or fitness for any particular purpose or use; and all representations and/or warranties, to the extend capable of being excluded by the subcon.cn, its licensors, dealers, distributors, agents and employees, and all third parties(if any) involved in the creation, production or delivery of this website and/or the overall content. In particular, but without prejudice to the generality of the forgoing, the subcon.cn, its licensors, dealers, distributors, agents and employees, and all third parties(if any) involved in the creation, production or delivery of this website and/or the overall content, make no representations or warranties as to, and the User assumes the entire risk as to:
a) Anything contained in, the performance of, or the results that may be obtained by using, this website or any of the overall content;
b) The consequences of downloading any attachment transmitted through this website;
c) The quality, accuracy, reliability or suitability for any purpose whatsoever of, this website or any of the overall content; and/or
d) The standing, credit or otherwise of any person or entity mentioned in this website or in any of the overall content.
10. Exclusion of liability
In no event shall the subcon.cn, its licensors, dealers, distributors, agents and employees, and all third parties(if any) involved in the creation, production or delivery of this website and/or the overall content be liable for:
a) any direct, indirect, special, incidental, secondary, consequential, punitive or exemplary damages arising out of the use of or inability to use this website or any of the overall content (such as but not limited to loss of data, loss of business information, business interruption or delay, or loss of anticipated revenue, profits or benefits, or any economic or financial loss), whether based upon contract, tort, negligence, strict liability or otherwise, and even if they were aware of, were advised of, or ought to have known of, the possibility of such damages;
b) any consequences of downloading or using any attachment transmitted through this website;
c) any failure, delay, disruption or interruption in, of or to this website, howsoever caused or arising;
d) any failure, delay, disruption or interruption in, of or to the transmission or reception of any data or information through this website, howsoever caused or arising;
e) any defect, deficiency, breakdown or failure of any software or any equipment or system (whether or not maintained or operated by the subcon.cn or any other person), howsoever caused or arising;
f) any loss, corruption, deletion or damage of or to any data or information (whether belonging to, provided by or stored by the User or otherwise) which is transmitted to or stored in any system or equipment (whether or not maintained or operated by the www.subcon.cn, the User or any other person), howsoever caused or arising;
g) any breach, failure of performance or delay caused by a force majeure event; and/or
h) any defect, deficiencies, errors, omissions or inaccuracies in this website or in any of the overall content.
11. Limitation of Liability
12. Entire agreement
Failure of either party to insist at any time upon strict compliance with any provision herein 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.
15. Governing Law & Jurisdiction
17. EffectivenessThis Agreement shall remain in full force and effect from the date that the user submits registration application on www.subcon.cn unless terminated earlier by written agreement of the Parties.