Terms of Use

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1.   Scope

1.1   Any use of this web site provided by FBC GLOBAL Co., Ltd. and/or its affiliates ("FBC GLOBAL"), "FBC GLOBAL Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the FBC GLOBAL Web Site these Terms of Use are accepted in their then current version.

1.2   Unless otherwise provided, these Terms of Use shall not apply to the access and use of other web sites through FBC GLOBAL Web Site.

2.   Services

2.1   This FBC GLOBAL Web Site contains specific information and software,as well as as the case may be – related documentation, for viewing or downloading.

2.2   FBC GLOBAL may stop the operation of the FBC GLOBAL Web Site in full or in part at any time. Due to the nature of the Internet and computer systems, FBC GLOBAL cannot accept any liability for the continuous availability of the FBC GLOBAL Web Site.

3.   Registration, Password

3.1   Some pages of the FBC GLOBAL Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. FBC GLOBAL reserves the right to deny registration to any User. FBC GLOBAL particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. FBC GLOBAL is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the users:

• Use false data for the purpose of registration;
• Violate these Terms of Use or neglects its duty of care with regard to User Data;
• Violate any applicable laws in the access to or use of the FBC GLOBAL Web Site; or
• Did not use the FBC GLOBAL Web Site for a longer period.

3.2   For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its email address, as supplied to FBC GLOBAL, is current at all times and an address at which the User can be contacted.

3.3   Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from FBC GLOBAL into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw the consent to data processing.

3.4   The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify FBC GLOBAL thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5   After receipt of the notice under paragraph 3.4, FBC GLOBAL will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to FBC GLOBAL or upon new registration.

3.6   The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event FBC GLOBAL will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.

4.   Rights of Use of Information, Software and Documentation

4.1   The use of any information, software or documentation (“Information, Software and Document”) made available on or via this FBC GLOBAL Web Site is subject to these Terms of Use or, in case of updating Information, Software or Documentation, subject to the applicable license terms previously agreed to with FBC GLOBAL. Separately agreed to license terms shall prevail over these Terms of Use.

4.2   FBC GLOBAL grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the Information, Software or Documentation made available to the User on or via the FBC GLOBAL Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by FBC GLOBAL in making same available.

4.3   Software shall be made available at no expense in object code. There shall be no right for the source code to be made available unless otherwise agreed.

4.4   Information, Software or Documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the Software or Documentation nor shall it disassemble, reverse engineer or decompile the Software or separate any part thereof. The User may make one backup copy of the Software where necessary to secure further use in accordance with these Terms of Use.

4.5   The Information, Software or Documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the Information nor from the Software or Documentation, or any copies thereof.

5.   Duties of the User

5.1   In accessing or using the FBC GLOBAL Web Site the User shall not:

• Harm other persons, in particular minors, or infringe their personal rights;
• Breach public morality in its manner of use;
• Violate any intellectual property right or any other proprietary right;
• Upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• Transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• Distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2   FBC GLOBAL may deny access to the FBC GLOBAL Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6.   Hyperlinks

The FBC GLOBAL Web Site may contain hyperlinks to the web pages of third parties. FBC GLOBAL shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as FBC GLOBAL does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

7.   Liability for Defects of Title or Quality

7.1   Insofar as any Information, Software or Documentation is made available at no cost,any liability for defects as to quality or title of the Information, Software or Documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

7.2   The Information on the FBC GLOBAL Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product and service changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

7.3   Any risk arising from the use of the FBC GLOBAL Web site shall be taken by the User.FBC GLOBAL does not authenticate the provided Information, including its merchantability, fitness for a certain use, rights, transaction process or any implied warranties and conditions. FBC GLOBAL shall not be responsible for any claim or loss regarding warranty, no matter such claim or loss is attributable to legal causes or not, no matter it is stipulated in contracts or warranties or not, no matter satisfactory remedies have been taken or not, no matter torts have been proved or not, no matter a limitation of liability is applicable or not, no matter a claim or other argument based on law has been established. In particular, FBC GLOBAL shall not be responsible for any loss attributable to consultation and aid provided during the process of configure, or operation discontinuity or software defects.

8.   Other Liability, Viruses

8.1   The liability of FBC GLOBAL for defects in relation to quality and title shall be determined in accordance with the provisions of § 7 of these Terms of Use. Any further liability of FBC GLOBAL is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages due to the breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

8.2   Although FBC GLOBAL makes every endeavor to keep the FBC GLOBAL Web Site free from viruses, FBC GLOBAL cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any Information, Software or Documentation.

9.   Place of Jurisdiction and Applicable Law

9.1   Any supplementary agreement requires the written form.

9.2   Any and all disputes arising out of the or in relation to these Terms of Use shall be submitted to China International Economic and Trade Arbitration Commission for arbitration in accordance with its applicable rules. The tribunal shall comprise of three arbitrators. The arbitration site shall be Shanghai and the language used in the arbitration shall be Chinese.

9.3   These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of People’s Republic of China, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.