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Service Terms

Welcome to FL365.com's website. Before you browse our website, it is in your interest to read our Service Terms carefully and thoroughly. If you think any terms unacceptable, you may decline to use our service.

Definition
Claim of Rights
Classification of Users
Members' Rights & Restrictions
Member Information
Maintenance of Member Information
Privacy Clause
Burden of Security Responsibility
Disclaimer of Damages
Suspension & Termination of Service
Requirement on Users
Scope of Damages
Termination of Service on the User's Initiative
Notification
Ownership of Service Contents
Amendment of Service Terms
Applicable Laws
Dispute Resolution

 

Definition

1. Except as expressively provided otherwise, FL365.com (hereinafter "FL365") refers to the website owned and operated by Lawsempire Law Consulting Co., Ltd. (the "Company"). The website owns domain names including www.FL365.com and related domain names registered by the Company.

Except as expressly provided otherwise, the Website and the Company are identified as the same entity.

2. The "Property and Related Rights", except as expressly provided otherwise in this Service Terms, refer to

1) Proprietary right, and
2) Intellectual property including but not limited to copyright, patent, trademark, trade secrets and¡¡know-how, and
3) Rights to use, disseminate, copy, distribute, edit, and dispose of matters, information and carriers thereof under the Website's legal control.

3. Except as expressly provided otherwise, the "Members" in this Service Terms include Optional Service Members and All Service Members.

4. Except as expressly provided otherwise, "Member Information" refers to

1) Information provided by the Members in the process of membership registration and information revised by the Member himself after login;
2) The Information includes, without limitation, member name, title, pseudonym, password, gender, age, education, specialty, address, marriage status, employer, income, email.

Claim of Rights

Any material/data in whatever form provided by the Website are owned exclusively by the Website and its builder, investor and operator as well as the Company, except that:

1. The website does not have the Property and Related Rights to the material/data according to related laws and regulations of the People's Republic of China;

2. The rights are shared, transferred and/or abandoned as specifically stated according to agreements, contracts and regulations concluded between the Company and other entities;

3. The rights are abandoned by formal and legally binding statement of the Company.

Any violation of rights claimed above is violation of rights of the Website.

Classification of the Users

The Website shall provide services to its Users according to its Articles of Association, Service Terms and Operation Rules. The Users are classified into five categories, namely, Anonymous Users, Credit Point Members, Consumer Card Members, Database Access Members and All Service Members.

Any browser may, under the procedures set by the Website, obtain membership after accepting the Member Service Terms and making payments accordingly.

The obtainment of the membership is valid only upon confirmation from the Website. Such confirmation is made by express and explicit notification to the membership applicant.

The Website has full reason to believe that after the membership applicant receives the confirmation, the membership becomes valid. The Member enjoys the rights available currently and rights promised to render by the Website in the future.

Members' Rights and Restrictions

The Members' rights are in line with the Member Service Terms presented by the Website.

The Members shall enjoy their rights (including but not limited to rights expressed in the Member Service Terms) according to the Website development timetable. The Members are not expected to require services promised by the Website but still in the process of development.

Under the following circumstances, the Members shall not raise objections, including but not limited to, filing complaints, suits, applications for arbitration or mediation, to the Website concerning their rights:

1. The future rights or services the Website has declared to provide based on its development timetable;
2. The rights or services that exceed the service scope or service period covered by the membership fee;
3. The rights or services that exceed the scope covered by the price, fees, payment method and service term.

Member Information

In light of the cooperation and mutual trust between the Members and the Website, the Website is justified to assume:

1. The Member Information is exhaustive, accurate, timely and intact, whether the Member is registered online or offline;

2. The information provided by the Member is exhaustive, accurate and timely when the Member uses the Website in accordance with the rules, procedures and/or technology of the Website, including but not limited to, logging in, browsing, updating personal information, searching and downloading information, consulting others using his own password and username;

3. Should the Member a) provide false information; b) fail to provide necessary information to the Website as required by the latter, the Website is entitled to suspend or terminate the service because lack of honesty on the side of the Member. The Website is not liable for any damages incurred by the suspension or termination, and reserves the right to claim damages incurred by the false information provided by the Member.

Maintenance of Member Information

The Website shall maintain all of the Member Information including, without limitation, registration information, password, user name as provided by the member whether online or offline.

Under the following circumstances, the Website does not bear any liability for loss, disclosure or dissemination of Member Information and consequences thereof:

1. Disclosure and dissemination of Member Information because of the negligence, casualness, and other fault of the Member himself;
2. Disclosure, distribution or loss of Member Information due to the capacity restriction of the hardware or software of the Website;
3. Disclosure, dissemination or loss out of changes of circumstances for which the Website is not accountable;
4. Disclosure, dissemination or loss of Member Information because of force majeure.

Privacy Clause

Except for the following situations, the Website promises and guarantees not to publicize the Member Information:

1. The Website has full reason to believe that the Member has authorized the Website to publicize his information according to the rules and procedures of the Website;
2. The Website is obliged to publicize the Member Information as required by the laws, regulations, policies, orders, interpretations of law, legal procedures of the People's Republic of China;
3. Change of circumstance beyond the control of the Website;
4. Force majeure;
5. Disclosure of Member Information due to the Member's negligence, casualness and other fault;
6. Disclosure of Member Information because of capacity restrictions of the hardware and software of the Website;
7. Disclosure of Member Information for the sake of the privacy and/or security of the Member himself, or for that of the public/society in case of emergency;
8. To protect the Website's Property and Related Rights;
9. The Website has full reason to believe that such disclosure is in the interest of the users as well as the Website.

Burden of Security Responsibility

The Website does not bear any risk for the use of its network service, and does not warrant any of the following:

1. The safety of explicit network service, and
2. The safety of implied network service, and
3. The safety of other network service excluding commercially implied warrant, warrant for special purpose and proper warrant that does not violate related rules;
4. The elimination of service interruption, the promptness and safety of the service, tolerance of mistakes including grammatical mistakes;
5. The truthfulness, effectiveness, practicality and correctness of any information provided to users, including but not limited to, consultation, legal opinion, recommendation, and the consequence of the user's any action based upon the information provided by the Website;
6. The safety of shopping service or deal process on the Website;
7. The elimination of any other risk in using the service of the Website.

Disclaimer of Damages

The Website shall not be liable for any direct, indirect, incidental, special or consequential damages of any kind whatsoever rendered by the following situations, including but not limited to:

1. Abusive use of the Website;
2. Purchase of goods on the Website or providing services similar to those of the Website;
3. Having transactions with others on the Website;
4. Illegal use of web service or change of user's information in the process of transmission;
5. Change of circumstances beyond the Website's control or force majeure;
6. Limitation of knowledge or capacity restriction of the hardware/software of the Website.

Suspension or Termination of Service

The Website has the right to decide, at its sole discretion, whether the user's deed has violated the Website's Service Terms. If the user violates the Service Terms, the Website has the right to suspend or terminate the service.

Requirements on Users

The website does not bear responsibility for the information the user distribute on the Website. The user's deed on the Website must not violate the laws of People's Republic of China or related international laws, and must meet the following requirements:

1. Abide by related Chinese laws and regulations when transmitting technical materials abroad;
2. Do not make unlawful use of the network service;
3. Do not disturb network service;
4. Abide by the agreements, rules, procedures and common practices of all network service;
5. Meet other requirements as stipulated by law or agreement.

The user pledges not to:

1. Post or transmit any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by the Website;
2. Post or transmit materials that constitute instigation of crimes;
3. Post or transmit materials that abet disadvantageous situation of the nation or concern national security;
4. Post or transmit materials in violation of local rules, national laws or international laws;
5. Invade other computers illegally.

Should the user fail to fulfill the above pledges, the Website shall decide so at its sole discretion and cancel the user's account. The user shall bear the responsibility for his own conduct online. If the user distribute or disseminate retroactive, pornographic information or any other information that violates related laws, the record of the Website may be used as legal evidence against him.

Scope of Damages

The user hereby agrees to safeguard and protect the interest of the Website and all other users. The user shall bear the lawyer fees incurred by exceeding the service scope, damages and related expenses for violation of the Service Terms.

Termination of Service on the User's Initiative

The user may, at any time and in light of specific situations, suspend one or more than one kind of service provided by the Website. The Website may suspend its service at any time without bearing responsibilities for any individual or any third party. If the user raises opposition to any amendment of the Service Terms, or is dissatisfied with the services, he may

1. Terminate the use of the service provided by the Website;
2. Notify the Website to terminate the service to the user.

The user has no right to enjoy the service upon termination thereof. The Website bears no obligation to transmit any unprocessed information or unfinished service to the user concerned or to any third party.

Notification

All notification to the users shall be published on the Notification Areas of its important pages, or via emails/postal letters. The amendment of Service Terms, the change of service, or any other important notifications, shall be publicized by the above means. The Website assumes all users shall receive such information.

Burden of Responsibility for User's Commercial Conduct Online

The Website does not bear any responsibility for any advertising or sales between users and advertisers. When users add advertising materials or display their products on Website's free-charge service area, any promotions, including descriptions of goods, payment terms, service, commercial terms, warrants and other descriptions in relation to advertisements, occur between the users and advertisers.

Ownership of Service Contents

The service contents defined by the Website include:

1. Words, software, sound, photographs, videos, charts and all contents in the advertisements;
2. All contents in its emails;
3. Other information provided by the Website.

All the contents above are protected by copyright, trademark, patent and other property rights. The users may use the contents only on the authorization of the Website and advertisers. The users may not copy, reproduce or create derivative works without the Website's express permission. The copyright of any articles is owned by the author and/or the Website. Any user must obtain the authorization of the author or the Website before transferring the articles published on the Website.

Amendment of Service Terms

The Website is entitled to amend the Service Terms when necessary. The Website shall notify such amendment on its important web pages. The user may take the initiative to stop the use of the network service if he does not accept the amendment. Continued use of this Website following any amendment constitutes the User's acceptance of the amendment. The Website reserves the right to change or suspend the services, and assumes that the user is aware of and accepts such change or suspension. The Website does not bear any responsibility for its users or any third party when exerting such right.

Applicable Laws

The Service Terms are under the governance of the laws of People's Republic of China. The users and the Website shall abide by related laws and regulations. If any provision of these Service Terms is unlawful, void, voidable or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Dispute Resolution

Both the user and the Website agree that:

1. Both parties shall be equal and friendly in solving disputes and make efforts to solve disputes in a reasonable way;
2. When dispute arises, both parties shall firstly seek to solve the dispute by friendly negotiation. When the negotiation comes to no avail, either party may file an application with Beijing Arbitration Commission of People's Republic of China for arbitration. If the user is a foreign entity, either party may file an application with the Arbitration Committee of China Council for the Promotion of International Trade.


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