The information
you provide must be true and reliable, and you are responsible
for all the information you release at this website. Thank
you for your cooperation and support, we will try our best
to provide good service for you:
Welcome to Globaltexnet.com E-Commerce
Corp.'s Terms of Service Agreement ("Agreement").
This Agreement describes the terms and conditions
applicable to your use of the Globaltexnet.com
web site, which features tools for trading and
communicating in a global business to business
e-market (the "Service"). |
PLEASE
READ THIS AGREEMENT CAREFULLY! |
THE FOLLOWING DESCRIBES THE TERMS
AND CONDITIONS ON WHICH GLOBALTEXNET OFFERS YOU
ACCESS TO THE SERVICE. |
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Acceptance Of Terms. |
By accessing our web site past the
home page, you agree that you have entered into
this Agreement with Globaltexnet.com E-Commerce
Corp. ("Globaltexnet") and that you
will be bound by the terms and conditions hereof
("Terms"), which Globaltexnet in its
discretion may change from time to time. We will
post a notice on our web site to inform you of
any changes to the Terms. If you do not agree
to the changes, you must discontinue using the
Service. The changed Terms shall automatically
be effective immediately after they are initially
posted on the homepage of our site. Your continued
use of the Service will signify your acceptance
of the changed Terms. Unless explicitly stated
otherwise, any new features that augment or enhance
the Service shall be subject to this Agreement.
This Agreement may not be otherwise modified except
in a writing signed by an authorized officer of
Globaltexnet. |
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Who Can Use Globaltexnet. |
The Service is only available to
individuals or companies who can form legally
binding contracts under applicable law. Thus,
you must be at least 18 years of age to use our
services. If you do not qualify, please do
not use the Service. Globaltexnet may, in its
sole discretion, refuse the Service to anyone
at any time. The Service is not available to temporarily
or indefinitely suspended Globaltexnet members. |
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Fees |
Joining Globaltexnet and the use
of the Service is free! We reserve the right to
charge fees for the Service upon notice to you
pursuant to paragraph 1. You are responsible for
paying all applicable taxes and duties and for
all hardware, software, service and other costs
you incur to trade, procure a listing from us,
or access our servers. We reserve the right to
change or discontinue, temporarily or permanently,
some or all of the Service at any time without
notice. |
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Globaltexnet Is Only A Venue For
Trading |
Our site acts as the venue for users
to locate people to trade with, to negotiate the
exchange of goods and services and to obtain various
trade-related services. However, we have no control
over the quality, safety or legality of the items
being traded, the truth or accuracy of the item
listings, the ability of traders to fulfill their
obligations in a trade agreement. We cannot and
do not control whether or not traders will complete
their part of a trade. In addition, note that
there are risks of dealing with foreign nationals,
underage persons or people acting under false
pretense. |
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Your Information And Items For Trade |
"Your Information" includes
any information data, text, software, music, sound,
photographs, graphics, video, messages or other
materials you provide to us or other users during
the registration, trading or listing processes,
in any public message area or through any email
feature. With respect to Your Information, you
are solely responsible for Your Information, and
we act as a passive conduit for your online distribution
and publication of Your Information. We may take
any action, however, with respect to Your Information
we deem necessary or appropriate in our sole discretion
if we believe it may create liability for us or
may cause us to lose (in whole or in part) the
services of our ISPs or other suppliers. You hereby
warrant that you have all rights, including all
copyrights, necessary to submit Your Information
to Globaltexnet. You acknowledge that Globaltexnet
does not take any responsibility to determine
what information that is submitted to us is protected,
nor will we be responsible for the use of Your
Information by other users of the Service. |
| 5.1 Registration
Obligations
If you register with us, you agree
to: (a) provide true, accurate, current and complete
information about yourself or company as prompted
by the member information form, and (b) maintain
and promptly update the member information to
keep it true, accurate, current and complete.
If you provide any information that is untrue,
inaccurate, not current or incomplete, or Globaltexnet
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
Globaltexnet has the right to suspend or terminate
your registration and refuse any and all current
or future use of the Service (or any portion thereof).
If you have registered with us on behalf of a
company or other entity, then you represent and
warrant that you have the authority to bind such
company or other entity to the Terms.
5.2 Member ID, Password
and Security
During the registration process, you will select
a Member ID and Password. You are solely responsible
for maintaining the confidentiality of your Member
ID and Password, and for all activities that occur
under your Member ID and password. You agree to
(a) immediately notify Globaltexnet of any unauthorized
use of your Member ID or Password or any other
breach of security, and (b) ensure that you properly
exit the web site at the end of each session.
Globaltexnet cannot and will not be liable for
any loss or damage arising from your failure to
comply with this paragraph.
5.3 Rules About Your
Information
You agree that Your Information and the items
you offer for trade on Globaltexnet:
a. will not be fraudulent
or involve the sale of counterfeit or stolen items;
b. will not infringe
any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights
of publicity or privacy (See our Copyright Policy
for more information);
c. will not violate
any law, statute, ordinance or regulation (including
without limitation those governing export control,
trade quotas, consumer protection, unfair competition,
anti-discrimination or false advertising);
d. will not be defamatory,
trade libelous, unlawfully threatening or unlawfully
harassing;
e. will not be obscene
or contain child pornography;
f. will not contain
any viruses, Trojan horses, worms, time bombs
or other computer programming routines that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information;
g. will not link directly
or indirectly to or include descriptions of goods
or services that: (i) are prohibited under this
Agreement; or (ii) you do not have a right to
link to or include. You also agree not to use
the Service (h) in connection with chain letters,
junk e-mail, spamming or any duplicative or unsolicited
messages, (i) to collect e-mail addresses and
other information about others without their consent
or (j) to create false e-mail addresses or otherwise
attempt to mislead others as to the identity of
the sender or the origin of a message. |
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The License You Grant To Us |
You grant to us the non-exclusive,
worldwide, perpetual, royalty-free right (with
the right to sublicense through multiple tiers)
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform
and display (in whole or in part) Your Information,
and/or to incorporate Your Information in other
works in any form, media, or technology now known
or later developed. |
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Privacy |
Notwithstanding the license in paragraph
6, Globaltexnet will only use Your Information
in accordance with our Privacy Statement. The
complete terms of our Privacy Statement are part
of this Agreement so you should read it. Please
note that when you voluntarily disclose Your Information
in Globaltexnet's trading areas, that information
can be collected and used by others. |
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The Trading Process |
| 8.1 Listing
An Item
Listings are text descriptions, graphics and/or
pictures on Globaltexnet's web site supplied by
you that either: (a)
describe an item you have that you want to trade,
or (b) describe an
item you are looking for. You may post either
or both of these listing types of listings on
Globaltexnet's site, provided that you place such
listings in an appropriate category. Globaltexnet
is not responsible for the accuracy or content
of listings (including any translations thereof).
8.2 Negotiating A Trade
Traders on Globaltexnet negotiate with each other
through the process of formulating offers and
counteroffers. Acceptance of an offer or counteroffer
by all parties constitutes an obligation for Globaltexnet
users involved to complete the transaction. Acceptances
and Offers are not retractable except in exceptional
circumstances such as a user materially changing
the description of the item after your offer was
made or clear typographical errors, or when you
can not authenticate the identity of a user involved
in the trade. Globaltexnet is not responsible
for the accuracy of, or any error or omission
in, any information contained in any Request for
Quote, Purchase Order, Quote or other online document
that is part of the "My Trade Activity"
feature.
8.3 Handling Trading
Disputes
We do not and cannot be involved in dealings
between traders. In the event that you have a
dispute with one or more users or third-party
service providers whose services you obtain through
our web site, you release Globaltexnet (and our
agents and employees) from any claims, demands
and damages (actual and consequential) of every
kind and nature arising out of or in any way connected
with such disputes. If you are a California resident,
you waive California Civil Code _1542, which says:
"A general release does not extend to claims
which the creditor does not know or suspect to
exist in his favor at the time of executing the
release, which if known by him must have materially
affected his settlement with the debtor."
8.4 Use Common Sense
We cannot nor do we try to control the information
provided by other users which is made available
through the Service. By its very nature, other
people's information may be offensive, harmful
or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that you will
use caution and common sense when using our site |
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The Trading System |
| 9.1 No Trade Manipulation
You agree to not use a shill (a secondary account
or third party) to manipulate the outcome of a
negotiation with another trader.
9.2 System Integrity
You agree that you will not use any device, software
or routine to interfere or attempt to interfere
with the proper working of the Globaltexnet.com
site or any trade being conducted on our site.
You may not take any action which imposes an unreasonable
or disproportionately large load on our infrastructure.
You may not disclose or share your password to
any third parties or use your password for any
unauthorized purpose.
9.3 Feedback
You may not take any actions which may undermine
the integrity of the feedback system (e.g., "Member
Tag"), such as: leaving positive feedback
for yourself using secondary Member IDs or third
parties; leaving negative feedback for other users
using secondary member IDs or third parties (feedback
bombing); or leaving negative feedback if a user
fails to perform some action that is outside the
scope of the trade (feedback extortion).
9.4 No Commercial Exploitation
You agree that you may not commercially exploit
any information, including but not limited to,
copying (through robot, spider, any other automatic
device or manual process) any information displayed,
on the Globaltexnet web site without prior written
authorization from an authorized officer of Globaltexnet. |
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Termination |
You agree that Globaltexnet, in its
sole discretion, may terminate your password,
account (or any part thereof) or use of the Service,
and remove and discard Your Information within
the Service, for any reason, including without
limitation, if Globaltexnet believes that you
have violated or acted inconsistently with the
letter and spirit of the Agreement. Globaltexnet
may also, in its sole discretion and at any time,
discontinue providing the Service, or any part
thereof, with or without notice. You agree that
any termination of your access to the Service
under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree
that Globaltexnet may immediately deactivate or
delete your account and all related information
and files in your account and/or bar any further
access to such files or the Service. Further,
you agree that Globaltexnet shall not be liable
to you or any third party for any termination
of your access to the Service. Paragraphs 12,
13, 14, and 22 shall survive any termination of
this Agreement. |
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What Happens if You Break the Rules |
Without limiting other remedies,
we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your
membership, any of your current listings, and
any other information you place on the site if
(i) you breach this
Agreement, (ii) we
are unable to verify or authenticate any information
you provide to us or (iii)
we believe that your actions may cause legal liability
for you, our users, third-party service providers
whose services are provided through our web site
or us. Without limiting any other remedies, Globaltexnet
may suspend or terminate your account if you are
found (by conviction, settlement, insurance or
escrow investigation, or otherwise) to have engaged
in fraudulent activity in connection with our
site. |
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The Service is Provided "As
Is" |
We will try very hard to make your
experience with Globaltexnet enjoyable. Unfortunately,
we cannot always foresee or anticipate technical
or other difficulties. These difficulties may
result in loss of data or other service interruptions.
For this reason, YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR
OWN RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. GLOBALTEXNET
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GLOBALTEXNET MAKES NO WARRANTY THAT: (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
AND (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM GLOBALTEXNET
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12.1 Any Samples Ordered
through Sample House Are "As Is." YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ANY SAMPLES
ORDERED AND DELIVERED ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, AND
YOU AGREE THAT YOU USE THOSE SAMPLES AT YOUR OWN
RISK. GLOBALTEXNET EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO
ANY SUCH SAMPLES.
12.2 Note
Some jurisdictions do not allow the disclaimer
of implied warranties, so the foregoing disclaimers
may not apply to you. This warranty gives you
specific legal rights and you may also have other
legal rights which vary from jurisdiction to jurisdiction. |
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Limit of Liability. |
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT GLOBALTEXNET SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALTEXNET
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, SAMPLES,
DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE HOWEVER
ARISING, INCLUDING NEGLIGENCE.
Note: Some jurisdictions
do not allow the limitation of liability, so the
foregoing limitation may not apply to you.
|
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Indemnity |
You agree to indemnify and hold Globaltexnet
and our subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim
or demand (including reasonable legal expenses
and the expenses of other professionals) made
by a third party due to or arising out of your
breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or
the rights of a third party. |
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Compliance With Laws |
You shall comply with all applicable
laws, statutes, ordinances and regulations regarding
your use of the Service and your bidding on, listing,
purchase and sale of items, including, but not
limited to, complying with all applicable laws
regarding the transmission of technical data exported
from any applicable country. |
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No Agency |
You and Globaltexnet are independent
contractors, and no agency, partnership, joint
venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement. |
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Advertising & Financial Services |
Your correspondence or business dealings
with, or participation in promotions of, advertisers
found on or through the Service, including payment
and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that Globaltexnet
shall not be responsible or liable for any loss
or damage of any sort incurred as the result of
any such dealings or as the result of the presence
of such advertisers on the Service. If you intend
to create or join any service, receive or request
any news messages, alerts or other information
from the Service concerning companies, stock quotes,
investments or securities, please be advised Globaltexnet
shall not be responsible nor liable for the accuracy,
usefulness or availability of any such information
transmitted via the Service, and shall not be
responsible nor liable for any trading or investment
decisions made based on such information. |
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Links |
The Service may provide, or third
parties may provide, links to other World Wide
Web sites or resources. Because Globaltexnet has
no control over such sites and resources, you
acknowledge and agree that Globaltexnet is not
responsible for the availability of such external
sites or resources, and does not endorse and is
not responsible or liable for any content, advertising,
products, or other materials on or available from
such sites or resources. You further acknowledge
and agree that Globaltexnet shall not be responsible
or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in
connection with use of or reliance on any such
content, goods or services available on or through
any such site or resource. |
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Notices |
Except as explicitly stated otherwise,
any notices shall be given by email to (in
the case of Globaltexnet) or to the email address
you provide to Globaltexnet during the registration
process (in your case), or such other address
as the party shall specify. Notice shall be deemed
given twenty-four (24) hours
after email is sent, unless the sending party
is notified that the email address is invalid.
Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested,
to the address provided to Globaltexnet during
the registration process. In such case, notice
shall be deemed given three (3)
days after the date of mailing. |
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Force Majeure |
Globaltexnet shall not be liable
to you for delays or failures in performance resulting
from causes beyond our reasonable control, including,
but not limited to, acts of God, labor disputes
or disturbances, material shortages or rationing,
riots, acts of war, governmental regulations,
communication or utility failures, or casualties. |
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Assignment |
Globaltexnet may assign this Agreement. |
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Miscellaneous |
The Agreement constitutes the entire
Agreement between you and Globaltexnet and governs
your use of the Service, superseding any prior
written or oral Agreements between you and Globaltexnet.
The Agreement shall be governed in all respects
by the laws of the State of California without
regard to its conflict of law provisions. If any
provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced.
Headings are for reference purposes only and in
no way define, limit, construe or describe the
scope or extent of such section. Our failure to
act with respect to a breach by you or others
does not waive our right to act with respect to
subsequent or similar breaches. |
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Arbitration |
Any controversy or claim arising
out of or relating to this Agreement or our services
shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American
Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party.
The arbitration shall be conducted in San Jose,
California, and judgment on the arbitration award
may be entered into any court having jurisdiction
thereof. Either you or Globaltexnet may seek any
interim or preliminary relief from a court of
competent jurisdiction in San Jose, California
necessary to protect the rights or property of
you or Globaltexnet pending the completion of
arbitration. |
| More about Us.
The services hereunder are offered by Globaltexnet.com.
For more information, please email us at . |
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