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Xintiandi.com Membership Agreement Terms Of Service 1.Valid conditions Xintiandi.com provides network services to web-users through its own execution system via the Internet. All information and services on Xintiandi.com are owned and governed solely by Shanghai Baixing Real Estate Co., Ltd.. Completion of the registration procedure signals immediate effect of this Membership Agreement. 2.Membership obligations Users should (1) own their own Internet equipment, including PC, modem, and other necessary devices; and (2) pay for all telephone or network fees caused by use of such Internet services. The users application for Xintiandi.coms Service signals agreement to the following terms: (a) that the user provides complete, accurate, and up-to-date personal information on the application form; and (b) that the user updates the private user information to keep it in line with (a). If the user information is incorrect Xintiandi.com reserves the right to terminate the users use of its network services. 3.Privacy Respect for user’s privacy is Xintiandi.com’s principal policy. Xintiandi.com will never publish, compile, or release its member’s information without their consent. 4.Regulation of users information Xintiandi.com has no responsibility or liability for the deletion of, or failure to store, any messages. Xintiandi.com reserves the right to determine whether the user’s actions violate the Terms Of Service. Xintiandi.com can terminate the user’s right to its services if the user violates the Terms Of Service. 5.Modification to Terms Of Service Xintiandi.com reserves the right to modify its Terms Of Service. Any modifications to the Terms Of Service will be clearly stated on the website. If the user does not agree with the modified Terms, the user can cancel the subscription. Continued use of the Service signals the use’s agreement to the modifications. Xintiandi.com reserves the right to modify or discontinue the Service with or without notice. Xintiandi.com is not liable to compensate its members, or to any third party, for any modification, suspension, or discontinuance of the Service. 6.Disclaimer of warranties Use of the Service is at the use’rs sole risk. Xintiandi.com disclaims all warranties of any kind, whether express or implied; but does not make restrictions on the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 7.Limitation of liability Xintiandi.com shall not be liable for any direct, indirect, incidental, special, and consequential damages, which may result from improper or illegal use of the service, or changed information. 8.Termination Users of Xintiandi.com may, under certain circumstances, terminate one or more Services. Xintiandi.com shall not be liable to the user, or any third party, for any termination. If the user is dissatisfied with the Service or modified Terms, the user can (1) terminate use of the Service provided by Xintiandi.com; or (2) ask Xintiandi.com to terminate the user account. Termination of Service will cause immediate cancellation of the users right to Xintiandi.coms Service. Xintiandi.com is thereafter not bound to complete unfinished Service to the user, or to any third party. 9.Regulation of users Users understand and agree that submission of information is at the users own risk. Use of Xintiandi.com’s Service is subject to all national laws, and regional regulations, as well as worldwide laws. Users shall be subject to: (1) Chinas regulations on transferring information to foreign countries; (2) Legal use of network services; (3) Non-disruption to, or interference with, network services; (4) Internet agreement, regulations, customs, and programmes concerning use of network. Users shall not transmit information containing illegal information, or which interferes with or otherwise infringes upon any third party rights, or which is intimidating or contains obscene content. Users shall not transmit information or contents which risk national security, or which violate national law, or regional rules and regulations. 10. Law The Terms Of Service are subject to the law of the Peoples Republic of China. Users and Xintiandi.com are equally under the legal authority of the land. Any disagreement with national laws will be solved in accordance with national laws and regulations. During any dispute, all other Terms will continue to take legal effect. Users of Xintiandi.com shall under no circumstance commit illegal conduct via Xintiandi.com. Violation of this rule gives Xintiandi.com the right to terminate the users access to the Service at any time without notice. Users are deemed solely responsible for use of the Xintiandi.com account registered under the individual user-name. Shanghai Baixing Real Estate Co., Ltd October 17, 2005
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