Terms & Conditions
Access to and use of the China Center web site at www.csrlaws.com (the "Site"), including any content found on the Site, is provided subject to the following terms and the rules of any applicable regulatory or self-regulatory organization. By using the Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site. If you do not agree to be bound by any of the following terms, you should immediately cease to use the Site.
Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with or through the Site (such contents, design and materials being collectively referred to as the "China Center Content"), are copyright of The China Center and its licensors. You are not permitted to use or reproduce or allow anyone to use or reproduce any China Center Content including without limiting the trade marks for any reason without prior written consent from the China Center.
Use of China Center Content
You may retrieve and display the China Center Content on a computer screen or print individual pages on paper (but not photocopy them) and store such pages in electronic form into you computer for your personal and non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the China Center Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you shall not do any of the following without prior written consent of the China Center:
Any use of the China Center Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the China Center at Room 201, Number 6, Area 3, He Ping Li Street West, Dongcheng District, Beijing, PRC., and may be subject to a fee. Granting of the permission, however, is subject to the China Center’ absolute discretion.
You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes, without limiting, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
Payment of Fees
Access to certain China Center Content may be subject to a fee including the subscription price set out on the page explaining the scope of our services ("Subscription Fees"). All payments (including taxes, if applicable) must be made in advance in US Dollars or other currency specified by the China Center. You are responsible for the payment of all charges associated with the use of the Site using your username.
Term and Termination
The China Center may, in its absolute discretion, terminate or suspend your access to all or part of the Site (including any right to access and use China Center Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of the China Center provided in these terms or by the rules of any applicable regulatory or self-regulating organization.
Changes to the Site
The China Center reserves the right at any time and from time to time, in its discretion, to add, remove, change, modify, suspend any of the China Center Content on the Site and to restrict the use and accessibility of the Site.
Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register and pay the Subscription Fees. You are solely responsible for the confidentiality and use of and access to the China Center Content and the Site using your username and sign-on password. You agree to immediately notify the China Center if you become aware of any loss or theft of any sign-on password or any unauthorised use of a sign-on password, username, or of the China Center Content or the Site. You will provide the China Center with accurate, complete registration information (including in particular your particulars and contact details) and inform the China Center in the event of any changes to such information. For the purpose of confirming your compliance with these terms, the China Center reserves the right to monitor and record activities on the Site, including access to the China Center Content.
Each registration is for a single user only. You are not permitted to share your username and sign-on password with any other person, nor are you permitted to share or transfer your subscription. The China Center does not permit access through a single name and sign-on password being made available to multiple users on a network. The China Center reserves the right to cancel or suspend your access to the Site if you do this without further obligation to you.
The China Center will use cookies (see the section below regarding the nature of cookies) to ensure that each user can only register for and sign on to a China Center account from one computer. Users of the China Center must activate and not erase cookies. Failure to maintain the cookies may result in an interruption of service, after which users must make a written request to the China Center and have their identity verified, either by phone or email at the discretion of the China Center, before the accounts can be reactivated. In any case that a user loses access to a China Center account due to erasing cookies, no compensation will be made to the user other than reactivating the account after the China Center has satisfactorily verified the user’s identity; original conditions of the account such as the expiration date and number of unused online inquiry opportunities will not be altered. If a user wishes to switch to another computer for the use of and access to the China Center Contents, the user will need to make a written request to the China Center. The China Center will obtain verification of the user’s identity, either by email or phone, before such change shall become effective.
Special prices are offered to members of non-profit organizations who wish to subscribe to the Site. Before activating such subscriptions, the China Center will contact the person who made the registration for the special rate account to verify that person’s affiliation with a qualifying non-profit group. The registering applicant will be asked to provide proof of affiliation with the non-profit group, and/or the group’s status as a non-profit organization. The China Center reserves the absolute right to refuse offering the lowered non-profit subscription rate for any reason, including but not limited to the applicant being unable or unwilling to provide evidence or sufficient evidence of affiliation with the non-profit organization, or the status of the group with which the user has affiliation cannot be verified as a legitimate and recognized non-profit organization.
Discussion Forums
The Site includes discussion forums that allow feedback to the China Center and interaction between users and information providers of the China Center Content (the “Forums”). While the China Center does not control the information/materials/opinion posted to the Forums by users and/or the information providers (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by the China Center on the Forums. You shall not:
i. post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
ii. post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
iii. post or otherwise publish any Messages that contain a virus or other harmful component; iv. disguise the origin of any Messages; v. impersonate any person or entity (including the CSR employees or Forums guests or hosts) or misrepresent any affiliation with any person or entity;
vi. post or otherwise publish any Messages for private purposes and/or unrelated to the Forums or the Forums’ topics;
vii. post or send any Messages to other users of the Site for private communication purposes;
viii. post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
ix. collect or store other users' personal data; or
x. restrict or inhibit any other users from using the Forums.
By submitting Messages to any Forums you agree to indemnify and hold harmless the China Center from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section and/or the rules of any applicable regulatory or self-regulatory organization.
The Forums contain Messages submitted by information providers and/or users over whom China Center has no control. The China Center does not guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making or refraining from making any specific legal or other decisions.
By submitting Messages to the Forums you are granting the China Center perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Messages in whole or in part and in any form. This may include personal information such as your username and alias and your expressions of opinion. The China Center reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
Online Legal Inquiry
The China Center is a service that offers information pertaining to legal and regulatory issues in various jurisdictions. China Center Content is not intended to be a substitute for formal legal advice provided by qualified legal practitioners for any particular purposes.
Upon payment of the applicable fees, you shall be entitled to a designated number of enquiries to be made to the China Center’s information providers.
The information providers of China Center reserve the right not to respond to any inquiry for any reason, including but not limited to the reasons that question posed is out of the scope of information provided by the China Center, namely the labor and environment information; multiple questions being posed in a single inquiry; questions not being addressed to by any regulatory or self-regulatory organization.
The content of each inquiry posted to our information providers shall not contain more than one fundamental question. If you pose more than one fundamental question in a single inquiry, the information providers of the China Center may in their absolute discretion choose not to respond or respond only to a single question in which case such inquiry shall be or deemed to be one enquiry.
Any discussion made between the information providers and yourselves with respect to any enquiries should not be considered to be a full or complete discussion of your enquiries. Without limiting to the generality of the foregoing, any answers given by the information providers to your inquiries are for informational purposes only and shall not in anyway whatsoever constitute as legal advice to you. The information providers may give personal opinions in answers to the inquiries. However, you should neither construe any Messages or answers as business, legal or regulatory advice nor make the Forums the primary basis for any decisions made by or on behalf of you. You are strongly recommended to seek independent advices from your legal advisers or any professionals with respect to any enquiries.
While the China Center uses its endeavors to procure that questions will generally be answered within 48 hours after they are being posed, the China Center makes no warranty as to the timeliness of responses provided by the information providers and takes no responsibility for any failure to do so.
Inquiries not made at the time of expiry of an account will be forfeited. However, with respect to the accounts renewed with no interruption of service, unused number of inquiries can be carried over to the renewal period and used in addition to the number of inquiries subscribed by the renewed service.
No Warranty, Disclaimer of Liability and Indemnity
The China Center makes no warranty, express or implied, concerning the China Center Content, the Site, products or services available through the Site (the "Site Services"), which are provided "as is". To the extent permitted by any applicable laws, the China Center expressly disclaims all warranties, including but not limited to implied warranties of satisfactory quality or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. In no event shall the China Center be liable for any direct, special, incidental, or consequential damages (including, without limitation, damages for: (i) loss of data; (ii) loss of revenue or anticipated profits; (iii) loss of business; (iv) loss of opportunity; (v) loss of goodwill or injury to reputation; (vi) losses suffered by third parties; or (vii) any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if the China Center has been advised of the possibility that such damages may arise. The China Center does not guarantee the Site Services or their related systems are free from viruses or other contaminating or destructive properties.
While English translations may be provided for certain China Center Content, in no event shall the China Center be responsible for any inaccuracies, discrepancies or errors that may have occurred in the translations, including translations made by the China Center or translations made by outside providers. In relation to any China Center Content provided in English language, please be aware that the government of the People’s Republic of China ("PRC") only acknowledges Chinese language official documents.
China Center Content originates from independent information providers and the information of China Center Content does not necessarily reflect the views and opinions of Intertek Group or its members.
In no event shall any liability of the China Center, its affiliates, agents, information providers and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these terms by the China Center exceed the amount, if any, paid by you to the China Center in respect of the particular Site Service in the relevant period to which the claim relates.
Upon the China Center’s request, you agree to defend, indemnify and hold harmless the China Center from any claims and expenses, including legal fees, related to any breach of these terms by you or your use of any Site Services.
Privacy Policy
The China Center is committed to protecting the privacy of your personally identifiable information. Please note that this policy applies only to information collected by the Site online, as specified below, and does not govern or apply to information collected or used by the China Center or its affiliates through other means.
Types of personally identifiable information required by the China Center
China Center asks you to provide various types of personally identifiable information to enhance your experience on our site. During registration process, China Center asks for information such as your name, e-mail address, year of birth, gender, residential/office address, Zip code, country, Job title/nature etc. Our privacy policy will apply whenever you provide personally identifiable information to us.
Use of personally identifiable information by the China Center
Our primary goal in collecting personally identifiable information is to provide you, the user, with a customised experience on our website. A user's personally identifiable information may be used by the China Center for editorial purposes such as to contact you as part of an online survey.
Additionally, we may use your personal information to:
If you do not wish to receive the foregoing and therefore unregister from the Site, please contact info@csrlaws.com and ask to have your registration account deleted. Once your account has been deleted, you will no longer have access to the Site.
We reserve the right to send you offers and information about any updates to the China Center Content, the China Center and its affiliates. However, if you no longer wish to receive the foregoing, please contact info@csrlaws.com to request removal from this list.
Disclosure of your personally identifiable information to third parties
When you are on an area of the Site and are asked for personally identifiable information, you are providing that information to the China Center, its divisions or affiliates, information providers or vendors providing contractual services for the Site. If personally identifiable information is being provided to and/or maintained by any company other than these, our policy is that we will not transfer that personally identifiable information unless notice is given prior to the transfer.
We do not control the privacy policies of our advertisers, sponsors or other sites or businesses to which we provide hyperlinks or access. You are advised to visit the websites of these businesses to review their privacy policies.
Users of the Site should also be aware that, when you voluntarily disclose personal information in chat areas, bulletin boards or the Forums, that information may be collected by others and may result in unsolicited messages from others.
Except as stated herein or at the time of collection, a user's personally identifiable information will not be transferred to a party outside the China Center, its divisions or affiliates, information providers or its service vendors unless notice is given at the time of collection or prior to the transfer and/or unless it is required by the rules of any applicable regulatory or self-regulatory organization. However, the China Center may disclose account information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against any person who may have violated our terms and conditions or may be causing injury to or interference with (either intentionally or unintentionally) the China Center’s rights or property, other users of the Site, or anyone else who might have been injured or otherwise harmed by such activities.
Data Security
We have in place a system to protect the information we collect online. However, we do not guarantee absolute security of our database, nor do we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet.
Information collected by web servers
Web servers serving the Site automatically collect certain non-personally identifiable information, such as which pages the user visits and the domain name of visitors. This information is used for various purposes including internal review, to tailor information to individual visitors, and for traffic audits. We may also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.
Nature of cookies and the use of cookies by the China Center
The China Center places a "cookie" on the browser of a user's computer to store and sometimes track information about you. A cookie can be used to tell when your computer has contacted a web site; we may also use the information for editorial purposes and for other purposes such as measuring certain traffic patterns. Advertising service vendors that serve advertisements into our site may also use their own cookies. You may opt-out of the cookies delivered by China Center by changing the setting on your browser. Please be aware that this will result in discontinuation of access to your China Center account and will disable all cookies delivered to your browser, not just the ones delivered by the China Center.
List of Subscribing Organizations
The China Center (www.csrlaws.com) reserves the right to publish a list of or otherwise make known the names and/or marks of organizations (including enterprises) which have members who are subscribers to China Center Content. Those wishing not to have their organization names published on the list or otherwise made known should refrain from registering for subscriptions to China Center Content. If there are any cases in which subscribers wish to have their respective organizations remain anonymous while retaining subscription benefits to China Center content, they can make written requests to info@csrlaws.com. The China Center, in its absolute discretion, reserves all rights pertaining to granting anonymity to organizations on behalf of which such requests have been received. Names of individual subscribers to China Center Content will NOT be published or otherwise made known, except in special circumstances and only when the China Center has obtained the express consent of the named subscriber.
Force Majeure
The China Center, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the China Center Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Miscellaneous
Changes to these Terms. The China Center may, in its absolute discretion, change these terms (including those relating to your use of Site and/or the China Center Content). When terms are changed, the China Center will notify you by email or by publishing details of those changes by including them in these terms. If you use the Site after the China Center has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should immediately cease to use the Site after they are published. Access to certain China Center Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable international and national laws. The China Center is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. The China Center is not responsible for the availability of these web sites or their contents.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to the China Center must be given in writing by letter and sent to the China Center’ place of business at Room 201, Number 6, Area 3, He Ping Li Street West, Dongcheng District, Beijing, PRC.
Severability/Survival/Statute of Limitations. If any provision of these terms is invalid or unenforceable, such will not render all the terms unenforceable or invalid but rather the terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these terms must be filed in a court of competent jurisdiction in PRC, within one year after the cause of action has arisen, or such cause shall be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these terms shall not apply.
Assignment. You shall not assign, sub-license or otherwise transfer any of your rights under these terms.
Headings. Headings in these terms are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These terms shall be governed by, and construed in accordance with the laws of the People’s Republic of China. The parties irrevocably agree that the courts of the People’s Republic of China shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the PRC courts.
For the exclusive benefit of China Center, China Center shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
This document was last altered/updated on April 7, 2009
