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条款同意书
The EZU Web Site (the
"Service") is an online information and
communications service provided by EZU Rentals
Limited ("EZU"), subject to your compliance
with the terms and conditions set forth below including,
all exhibits hereto.
"EZU" design are registered trademarks of EZU
in the Hong Kong States and other countries. Other marks
which appear on this Web site may be marks of third
parties that are not affiliated with EZU. EZU and its affiliates do not control or endorse the content
of third party Web sites.
Please read this Agreement
carefully before accessing or using the Service. By
accessing or using the Service, you agree to be bound by
the terms and conditions set forth below. If you do not
wish to be bound by these terms and conditions, you may
not access or use the Service. EZU
may modify this Agreement at any time, and such
modifications shall be effective immediately upon
posting of the modified Agreement. You agree to review
the Agreement periodically to be aware of such
modifications and your continued access or use of the
Service shall be deemed your conclusive acceptance of
the modified Agreement.
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1.
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Operating Policies.
You agree to comply with the Operating Policies
set forth in Exhibit A (as they may be amended by EZU from time to
time), which are the rules that govern your
activity in connection with the Service. EZU
has the right but not the obligation to remove any
communications and materials that EZU believes in
its sole discretion violate the Operating
Policies.
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2.
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Copyright, Licenses and Idea
Submissions. The entire contents of the Service are copyrighted under the
copyright laws of the Special Administrative
Region of Hong Kong ("Hong Kong").. The
owner of the copyright is EZU. You may print and
download portions of material from the different
areas of the Service solely for your own
non-commercial use. You may make: (a) one machine
readable copy, (b) one backup copy, and (c) one
print copy of any portions of material downloaded
from the different areas of the Service solely for
your non-commercial use. Any other copying,
redistribution, retransmission or publication of
any downloaded material, is strictly prohibited
without the express written consent of EZU or any
third party information provider to the Service.
You agree not to change or delete any proprietary
notices from materials downloaded from the
Service. You agree to grant to EZU a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform
any materials and other information (including,
without limitation, ideas contained therein for
new or improved products and services) you submit
to public areas of the Service (such as bulletin
boards, forums and newsgroups) by all means and in
any media now known or hereafter developed. You
also grant to EZU the right to use your name in
connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against EZU for any alleged or actual
infringement or misappropriation of any
proprietary right in your communications to us.
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3.
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Use
of the Service. You understand that, except for information, products or
services clearly identified as being supplied by
EZU, EZU
does not operate, control or endorse any
information, products or services on the Internet
in any way. Except for EZU-identified information,
products or services, all information, products
and services offered through the Service or on the
Internet generally are offered by third parties
that are not affiliated with EZU. You also understand that EZU cannot and does not guarantee or warrant that files
available for downloading through the Service will
be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating
or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints
to satisfy your particular requirements for
accuracy of data input and output, and for
maintaining a means external to the Service for
the reconstruction of any lost data. You assume
total responsibility and risk for your use of the
Service and the Internet. EZU
does not make any express or implied warranties,
representations or endorsements whatsoever
(including without limitation warranties of title
or noninfringement, or the implied warranties of
merchantability or fitness for a particular
purpose) with regard to the Service, any
merchandise, information or service provided
through the Service or on the Internet generally,
and EZU
shall not be liable for any cost or damage arising
either directly or indirectly from any such
transaction. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and
other information provided through the Service or
on the Internet generally. EZU
does not warrant that the Service will be
uninterrupted or error-free or that defects in the
Service will be corrected. The Service and any
software made available on the Service are
provided on an "as is, as available"
basis.
You
understand further that the Internet contains
unedited materials some of which are sexually
explicit or may be offensive to you. You access
such materials at your risk. EZU
has no control over and accepts no responsibility
whatsoever for such materials.
In no event will EZU be liable for (I) any incidental, consequential, or
indirect damages (including, but not limited to,
damages for loss of profits, business
interruption, loss of programs or information, and
the like) arising out of the use of or inability
to use the Service, or any information, or
transactions provided on the Service or downloaded
or hyperlinked from the Service, even if EZUor
its authorized representatives have been advised
of the possibility of such damages, or (II) any
claim attributable to errors, omissions, or other
inaccuracies in the Service and/or materials or
information downloaded through, or hyperlinked
from, the Service. because some states do not
allow the exclusion or limitation of liability for
consequential or incidental damages, the above
limitation may not apply to you. In such states, EZU's liability is limited to the greatest extent permitted
by law.
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4.
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Indemnification.
You agree to indemnify, defend and hold harmless EZU, its officers, directors, employees, agents, licensors,
suppliers and any third party information
providers to the Service from and against all
losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any
violation of this Agreement by you.
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5.
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Third Party Rights.
The provisions of paragraphs 3 (Use of the
Service), and 4 (Indemnification) are for the
benefit of EZU
and its officers, directors, employees, agents,
licensors, suppliers, and any third party
information providers to the Service. Each of
these individuals or entities shall have the right
to assert and enforce those provisions directly
against you on its own behalf.
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6.
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Term; Termination. This
Agreement may be terminated by either party
without notice at any time for any reason;
provided that you may no longer use the Service
after you have terminated this Agreement. The
provisions of paragraphs 2 (Copyright, Licenses
and Idea Submissions), 3 (Use of the Service), 4
(Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of
this Agreement.
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7.
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Miscellaneous. This
Agreement shall all be governed and construed in
accordance with the laws of Hong Kong applicable
to agreements made and to be performed in Hong
Kong. You agree that any legal action or
proceeding between EZU and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of
competent jurisdiction sitting in Hong Kong. Any
cause of action or claim you may have with respect
to the Service must be commenced within one (1)
year after the claim or cause of action arises or
such claim or cause of action is barred. EZU's
failure to insist upon or enforce strict
performance of any provision of this Agreement
shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act
to modify any provision of this Agreement. EZU
may assign its rights and duties under this
Agreement to any party at any time without notice
to you.
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Exhibit
A
Operating Policies
Your participation in on-line
communications occurs in real time and is not edited,
censored, or otherwise controlled by EZU.
EZU cannot and does not screen content provided by users of
the Service. Notwithstanding the foregoing, EZU reserves the right to monitor content on the Service and
to remove content which EZU,
in its sole discretion, determines to be harmful,
offensive, or otherwise in violation of these Operating
Policies. In order to maintain an informative and
valuable service that meets the needs of the users of
the Service and avoids the harm that can result from
disseminating statements that are false, malicious,
violate the rights of others, or otherwise harmful, it
is necessary to establish the following rules to protect
against abuse:
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(i)
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Unless you are participating in an area of the Service that
requires or encourages anonymity, use your real
name in online communications.
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(ii)
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You may not post or transmit any message which is libelous,
defamatory or which discloses private or personal
matters concerning any person. You may not post or
transmit any message, data, image or program which
is indecent, obscene or pornographic.
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(iii)
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You may not post or transmit any message, data, image or
program that would violate the property rights of
others, including unauthorized copyrighted text,
images or programs, trade secrets or other
confidential proprietary information, and
trademarks or service marks used in an infringing
fashion.
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(iv)
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You may not interfere with other users use of the Service.
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(v)
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You may not post or transmit any file which contains viruses,
worms, "Trojan horses" or any other
contaminating or destructive features.
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(vi)
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You may not post or transmit any message which is harmful,
threatening, abusive or hateful. It is not the
Service's intent to discourage you from taking
controversial positions or expressing vigorously
what may be unpopular views; however, EZU
reserves the right to take such action as it deems
appropriate in cases where the Service is used to
disseminate statements which are deeply and widely
offensive and/or harmful.
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(vii)
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You may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating to
pyramid schemes. You may not post or transmit any
advertising, promotional materials or any other
solicitation of other users of the Service for
goods or services except in those areas (e.g., a
classified bulletin board) that are designated for
such purpose.
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(viii)
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You may not post or list articles which are off-topic according
to the description of the group or list or send
unsolicited mass emailings to 10 people or more if
such e-mail could reasonably be expected to
provoke complaints from its recipients.
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(ix)
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You may not use the facilities and capabilities of the Service
to conduct any activity or solicit the performance
of any illegal activity or other activity which
infringes the rights of others.
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