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| Terms of Use |
This website is an electronic publication of and a service provided by
Jupiter Infomedia Private Limited (hereinafter referred to as "JIM").
Any and all use of this website is subject to, and constitutes acknowledgment
and acceptance of, the following terms ("Terms of Use").
JIM may amend these Terms of Use at any time by posting the amended version
on this site. Such amended version shall automatically be effective upon
its posting on this site.
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| Definitions |
In these Terms of Use, the following words and expressions shall, unless
the context otherwise requires, have the following respective meanings:-
"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: acts of God; fire; flood; explosion; storm; disaster;
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; epidemics or quarantine 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; 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.
"JimTrade 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.
"Overall Content" shall mean the JimTrade Content, the Third
Party Content, and any and all attachments transmitted through this website.
"Specific Services" shall mean those services, provided by
relevant members of JIM or through this website, which are subject to
other specific terms and conditions in addition to these Terms of Use.
"Specific Terms" shall mean the respective terms and conditions
applicable to Specific Services, including those prescribed or imposed
by relevant members of JIM in relation to such Specific Services, or those
contained in respective agreements entered into between Visitors and relevant
members of the JIM in relation to such Specific Services.
"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 members of the JIM but by the respective
Third Party Licensors.
"Third Party Licensors" shall mean the respective owners of
the titles, rights and interests in or to the Third Party Content.
"Visitor" 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.
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| 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:-
in the event of any conflict or inconsistency between any provision of
the Specific Terms and any provision of these Terms of Use, such conflict
or inconsistency shall (except as otherwise expressly provided or agreed)
be resolved in a manner favourable to JIM; and only to the extent that such conflict or inconsistency cannot be so resolved,
the provisions of the Specific Terms shall prevail.
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| Intellectual Property |
Unless otherwise expressly stated:-
all titles, rights and interests (including without limitation copyright)
in respect of the Global Sources Content belong to JIM and nothing herein
confers on the Visitor any title, right or interest in respect thereof;
and 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 Visitor any title, right or
interest in respect thereof.
Use of JimTrade Content
Visitors to this website may use the JimTrade Content solely and exclusively
for personal or internal purposes. The Visitor may download and/or reproduce
limited portions of the JimTrade Content on an occasional ad hoc basis
and distribute such JimTrade Content internally, solely and exclusively
for personal or internal purposes;
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| Provided however that:- |
the use, reproduction and distribution of such JimTrade Content (either
in hard copy or electronic form) is not done in any manner which might
be competitive with the JIM 's use, reproduction or distribution of content
or other content similar thereto; and
such JimTrade Content is reproduced and distributed with appropriate notices,
including copyright notices, indicating JIM as the source of such JimTrade
Content and prohibiting any further reproduction or distribution of such
JimTrade Content.
Downloading, reproduction, distribution and/or use of any JimTrade Content
does not transfer any title, right or interest in or to such JimTrade
Content, and such JimTrade Content may be downloaded, reproduced, distributed
and/or used only in accordance with this paragraph 4.
Except as expressly permitted in this paragraph 4, Visitors to 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 JimTrade Content or Third
Party Content.
If the Visitor is a corporation, this provision shall apply to any subsidiary,
affiliate or parent of such corporation.
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| Protection of Intellectual Property Rights |
The Visitor expressly acknowledges that this website and the JimTrade
Content (or the Third Party Content, as the case may be) were prepared
by the JIM (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 Visitor agrees to protect all copyright and other intellectual property
or other proprietary rights and interests of the JIM (or the Third Party
Licensors, as the case may be) in or to this website and the JimTrade
Content (or the Third Party Content, as the case may be).
In addition, the Visitor shall honor and comply with reasonable written
requests made by the JIM Group in connection with the protection, enforcement
or exercise of the JIM'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 JimTrade Content
(or the Third Party Content, as the case may be).
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| Updates |
All updates to or additional JimTrade 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 JimTrade
Content, Third Party Content or website (as the case may be) referred to
herein.
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| Modifications |
The JIM 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 JIM may also at any time
suspend or discontinue all or any part of this website or the provision
of updates.
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| No endorsement of third parties |
The JIM 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 :-
any third party website hyperlinked to this website, or any products,
services, information, data or other content offered or provided therein;
and/or
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 JIM, the Visitor's use thereof or reliance thereon
is solely at the Visitor's own risk. A Visitor's rights and remedies in
respect thereof are governed solely by other applicable agreements or
terms (if any) between the Visitor and the relevant third party.
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| Without prejudice to the generality of paragraph 8(a)
above:- |
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 JIM of that product or service; the JIM 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
the JIM 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).
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| 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 EXTENT CAPABLE
OF BEING EXCLUDED UNDER APPLICABLE LAW, ARE HEREBY EXPRESSLY EXCLUDED
BY THE JIM, 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 FOREGOING,
THE JIM, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND
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 VISITOR ASSUMES THE ENTIRE RISK AS TO:-
ANYTHING CONTAINED IN, THE PERFORMANCE OF, OR THE RESULTS THAT MAY BE
OBTAINED BY USING, THIS WEBSITE OR ANY OF THE OVERALL CONTENT;
THE CONSEQUENCES OF DOWNLOADING ANY ATTACHMENT TRANSMITTED THROUGH THIS
WEBSITE;
THE QUALITY, ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE WHATSOEVER
OF, THIS WEBSITE OR ANY OF THE OVERALL CONTENT; AND/OR
THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON OR ENTITY MENTIONED IN
THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
EXCLUSION OF LIABILITY
IN NO EVENT SHALL JIM, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR
DELIVERY OF THIS WEBSITE OR ANY OF THE OVERALL CONTENT BE LIABLE FOR:-
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;
ANY CONSEQUENCES OF DOWNLOADING OR USING ANY ATTACHMENT TRANSMITTED THROUGH
THIS WEBSITE;
ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THIS WEBSITE,
HOWSOEVER CAUSED OR ARISING;
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;
ANY DEFECT, DEFICIENCY, BREAKDOWN OR FAILURE OF ANY SOFTWARE OR ANY EQUIPMENT
OR SYSTEM (WHETHER OR NOT MAINTAINED OR OPERATED BY THE GLOBAL SOURCES
GROUP OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
ANY LOSS, CORRUPTION, DELETION OR DAMAGE OF OR TO ANY DATA OR INFORMATION
(WHETHER BELONGING TO, PROVIDED BY OR STORED BY THE VISITOR OR OTHERWISE)
WHICH IS TRANSMITTED TO OR STORED IN ANY SYSTEM OR EQUIPMENT (WHETHER
OR NOT MAINTAINED OR OPERATED BY THE GLOBAL SOURCES GROUP, THE VISITOR
OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
ANY BREACH, FAILURE OF PERFORMANCE OR DELAY CAUSED BY A FORCE MAJEURE
EVENT; AND/OR
ANY DEFECTS, DEFICIENCIES, ERRORS, OMISSIONS OR INACCURACIES IN THIS
WEBSITE OR IN ANY OF THE OVERALL CONTENT.
LIMITATION OF LIABILITY
SUBJECT ALWAYS TO THE EXPRESS EXCLUSIONS IN THESE TERMS OF USE, THE LIABILITY
OF TML, OTHER MEMBERS OF THE JIM, THEIR LICENSORS, DEALERS, DISTRIBUTORS,
AGENTS OR EMPLOYEES, OR THIRD PARTIES (IF ANY) INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THIS WEBSITE OR ANY OF 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.
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| Entire agreement |
These Terms of Use, together with any other Specific Terms relating to
Specific Services (if applicable), constitute the entire agreement between
the parties with respect to the subject matter hereof and thereof, and
supersede any and all prior written and/or oral representations, understandings,
agreements or communications between the parties regarding the subject
matter hereof and thereof.
The provisions and terms of any purchase order or other instrument issued
by the Visitor shall be of no effect and the acceptance of any such order
or instrument shall not in any way extend or alter these Terms of Use
(or any other Specific Terms relating to Specific Services, if applicable).
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| Waivers |
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.
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| Illegality |
If any provision of these Terms of Use is or becomes illegal, invalid
or unenforceable ("Affected Provision"), such Affected Provision
shall, to the maximum extent possible, 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 permissible, then the Affected Provision (or the modification,
replacement or severance thereof) shall be deemed to be severed from these
Terms of Use. The illegality, invalidity or unenforceability of the Affected
Provision shall not in any way affect the legality, validity or enforceability
of the other provisions of these Terms of Use, which shall remain in full
force and effect.
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| Governing Law & Jurisdiction |
These Terms of Use shall be construed in accordance with and governed
by the laws of India. The Visitor hereby submits to the non-exclusive
jurisdiction of the courts of India and/or such other courts of competent
jurisdiction as JIM may in its absolute discretion deem fit.
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