TERMS
OF USE
Welcome
to SINA.com ("SINA") US web site whose home page
is currently located at http://home.sina.com ("Web
Site")! SINA provides its services through the Web
Site to you subject to the following Terms of Use ("TOU").
Please read the following TOU carefully because it is a
binding agreement between you and SINA in relation to your
use of any service or material provided on the Web Site.
USING THE WEB SITE REPRESENTS THAT YOU ASSENT TO THE STATED
TOU. SINA may revise the TOU at any time and from time to
time. Please review the TOU periodically by clicking to
the TOU link on the home page of the Web Site because the
TOU may be modified and the modified TOU will be binding
on you and SINA effective immediately following the publication
of the modified TOU. Your continued use of the Web Site
constitutes (1) an affirmative acknowledgement by you of
this TOU and its modification; and (2) agreement by you
to abide and be bound by this agreement ("Agreement")
and its modifications.
Section 1. Use
of Material and Services
The
contents of this Web Site, such as text, graphics, images,
software, music, sound, photographs, video, and other material
("Material"), are protected by copyright under
both United States and foreign laws. Unauthorized use of
the Material may violate copyright, trademark, and other
laws. Please retain all copyright and other proprietary
notices contained in the original Material on any copy you
make of the Material. Unless otherwise provided on the Web
Site, it is not permitted to sell or modify the Material
or reproduce, display, publicly perform, distribute, or
otherwise use the Material in any way for any public or
commercial purpose. The use of the Material on any other
web site or in a networked computer environment for any
purpose is prohibited. Special rules may apply to the use
of certain software, materials and other services provided
on the Web Site. Any such special rules are listed on the
applicable pages of this Web Site and are incorporated into
this Agreement by reference. SINA is providing users with
a variety of services via the Web Site ("Services").
Unless expressly stated otherwise, any new features that
augment or enhance the current Services shall be subject
to the TOU. In order to use the Material and Services, you
must provide all equipment necessary to establish a connection
to the Web Site and pay any service fees associated with
such connection. Please be aware of that certain Material
on the Web Site may be adult-oriented, you must be at least
18 years old to access and view such Material.
Section 2. Member
I.D., Password and Security
To
be a registered member of the Web Site ("Netizen"),
you must be at least 13 years old. Once you become a SINA
Netizen, you shall receive a Member Login Name and a password
for your account. Please maintain the confidentiality of
your Login Name, password and any other information of your
account. You agree that you are entirely responsible for
any and all activities that occur via your account. You
may change your password at any time by following instructions.
Netizen agrees to immediately notify SINA of any unauthorized
use of Netizen's account or any other breach of security
known to Netizen.
Section 3. Legal
Notice for Email Service
Netizen
may subscribe to SINA's paid email services ("Subscriber").
For Subscriber's information, in addition to this TOU, a
separate legal notice will be also applied to subscription
of SINA's paid email services. Please refer to http://mail.sina.com/
for the Legal Notice for Paid Email Services.
Section 4. Participation
in Promotions of Advertisers
Netizen
may send to or receive correspondences from advertisers
about promoting advertisers' products or services. Any such
correspondences or promotions, including the delivery of
and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with
such correspondence or promotions, are solely between the
corresponding Netizen and the advertiser. SINA assumes no
liability, obligation or responsibility for any portion
of such correspondence or promotion.
Section 5. Disclaimer
and Limitation of Liability for SinaMall
The
Web Site provides an online shopping area through SinaMall.
The merchant who actually sells the products or services
via SinaMall is responsible for the delivery of the products
or services and the product liabilities whether based on
warranty, contract, tort or any other legal theory if there
is any. In no event shall SINA be the seller of the products
or services and be liable for the product liabilities in
relation to the products or services sold via SinaMall unless
otherwise expressly provided on the Web Site. In the case
that SINA is held to be liable for any products or services
sold through SinaMall, whether based on warranty, contract,
tort or any other legal theory, you agree that SINA's maximum
aggregate liability shall not exceed the amount actually
paid by you for such product or service.
Section 6. Privacy
Policy
6.1
Information Collection, Sharing and Disclosure. It is SINA's
policy to respect the privacy of its users. When you sign
up as a SINA Netizen, SINA will require your name, email
address, gender, date and place of birth, education, occupation,
yearly household income, zip code and any other information
as required ("Registration Data"). In addition
to the Registration Data provided by you, SINA may also
collect and store certain personally identifiable information
in SINA's secure database, when you visit the Web Site,
when you use some of SINA's Services, or when you enter
promotions or sweepstakes on the Web Site. SINA also automatically
receives and records information from your browser including
but not limited to your IP address, the pages you requested
and the time of request. SINA may use the information it
obtains relating to you, for its internal business and marketing
purposes, including but not limited to (i) fulfilling your
requests for certain products and services; (ii) customizing
the marketing materials and the content you see on the Web
Site; and (iii) contacting you about special and new products
or services. SINA may disclose your information to third
parties and share your information, including both personally
identifiable and aggregated information, with SINA's partners
and/or alliances, when (i) SINA gets your consent to share
the information; (ii) SINA needs to share your information
to provide the product or service you have requested; (iii)
SINA needs to send your information to companies who work
on behalf of SINA to provide a product or service to you;
(iv) required by subpoenas, court orders or legal process;
or when (v) your actions on the Web Site violate the TOU
or any of SINA's usage guidelines for specific products
or services on any applicable web page.
6.2.
Cookies. SINA may set and access its cookies on your computer.
The general purposes of using such cookies include but are
not limited to (i) authenticating users for services provided
by SINA to them; (ii) counting the number of users accessing
the Web Site; (iii) providing users with relevant information
according to the preference specified by the users; and
(iv) for SINA's own convenience to indicate whether a specific
user has paid for the subscribed service or not. For your
information and notification, as certain companies serve
the advertisements within the Web Site, SINA allows such
companies, so-called third-party ad servers or ad networks
to set and access their cookies on your computer. Such companies'
use of their cookies is subject to their own privacy policies,
not this one. Such companies do not have access to SINA's
cookies.
6.3
You may edit and delete your SINA Netizen account information
and preferences. You may access to http://members.sina.com/edit/index.html
to edit your SINA Netizen account information. You may also
delete your SINA Netizen account information and preferences
by (i) emailing your deletion request to SINA while your
SINA login ID and password have been verified; (ii) replying
to the "Netizen welcome letter" with "Remove"
in the subject line; or (iii) forwarding a copy of "Weekly
Newsletter" to cancelnewsletter@staff.sina.com with
"Remove Account" in the subject line.
6.4
Advertisements. SINA may, on behalf of its advertisers,
display or send targeted advertisements to you based upon
nonpublic personal information about you, provided however
that in the process of doing so, SINA will not disclose
any nonpublic personal information about you to the advertisers.
Such advertisers include both financial service providers
and non-financial service providers. If you feel interested
in such advertisement and respond accordingly, any personal
information you give to the advertisers may give the advertisers
a clue about the characteristics used by them to select
the audience for the advertisement. If you do not want to
disclose any information about yourself to the advertisers,
do not respond to such advertisements. SINA will not share
your personally identifiable information with any third
party when you click on these advertisements.
6.5
Changes to this Privacy Policy. SINA may amend its privacy
policy at any time and from time to time. If SINA makes
any substantial changes regarding how SINA uses your personal
information, SINA will notify you by posting a prominent
announcement on the Web Site.
6.6
Questions or Comments. If you have any questions or comments
about this privacy policy, please send your questions or
comments to support@staff.sina.com.
Section 7. Disclaimer
of Warranties
The
Material may contain inaccuracies or typographical errors.
SINA makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the
results to be obtained from using the Web Site, the Services
and the Material. The use of the Web Site, the Services
and the Material is at your own risk. Changes are periodically
made to the Web Site and may be made at any time. SINA DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THIS WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB
SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, SINA IS NOT RESPONSIBLE FOR
THOSE COSTS. THE WEB SITE, SERVICES AND MATERIAL ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. SINA AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
SINA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 8. LIMITATION
OF LIABILITY
IN
NO EVENT SHALL SINA, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT SINA IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SINA'S
MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED (I) THE TOTAL
AMOUNT PAID BY YOU TO SINA IN CONNECTION WITH THE SERVICES
UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD
PRIOR TO THE FIRST DATE THE LIABILITY AROSE IF SUCH SERVICES
HAVE BEEN PROVIDED BY SINA TO YOU MORE THAN TWELVE (12)
MONTHS OR (II) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO
SINA IN CONNECTION WITH THE SERVICES UNDER THIS AGREEMENT
IF SUCH SERVICES HAVE BE PROVIDED BY SINA TO YOU LESS THAN
TWELEVE (12) MONTHS.
Section 9. User
Submissions
Generally,
any communication that you post to the Web Site is considered
to be non-confidential. If certain Web pages permit the
submission of communication that will be treated by SINA
as confidential, that fact will be stated in Legal Notices
on those pages. By posting communications to the Web Site,
you automatically grant SINA a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display
the communication alone or as part of other works in any
form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple
tiers of sublicensees. As a user, you are responsible for
your own communications and are responsible for the consequences
of their posting. You must not do the following things:
post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you
own them or have the permission of the owner; post material
that infringes upon any other intellectual property rights
of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post a sexually-explicit
image; post advertisements or solicitations of business;
post chain letters, junk mail, spamming, pyramid schemes
or any use of distribution lists to any person who has not
given specific permission to be included in such a process;
or impersonate another person. User's use of the Web Site,
Services and Material is subject to all applicable local,
state, national and international laws and regulations.
SINA does not represent or guarantee the truthfulness, accuracy,
or reliability of any of communications posted by other
users or endorse any opinions expressed by users. You acknowledge
that any reliance on material posted by other users will
be at your own risk. SINA does not screen communications
in advance and is not responsible for screening or monitoring
material posted by users. If notified by a user of communications
that allegedly do not conform to this Agreement, SINA may
investigate the allegation and determine in good faith and
its sole discretion whether to remove or request the removal
of the communication. SINA has no liability or responsibility
to users for performance or nonperformance of such activities.
SINA reserves the right to expel users and prevent their
further access to the Web Site for violating this Agreement
or the law and the right to remove communications which
are abusive, illegal, or disruptive.
Section 10. Links
to Other Sites
The
Web Site contains links to third party Web sites. These
links are provided solely as a convenience to you and not
as an endorsement by SINA of the contents on such third-party
web sites. SINA is not responsible for the content of linked
third-party sites and does not make any representations
regarding the content or accuracy of materials on such third
party web sites. If you decide to access linked third-party
web sites, you do so at your own risk.
Section 11. Software
Licenses
All
software that is made available for downloading from the
Web Site ("Software") is protected by copyright
and may be protected by other rights. The use of such software
is governed by the terms of a separate software license
agreement or designated Legal Notice accompanying such software
("License Agreement"). The downloading and use
of such software is conditioned on your agreement to be
bound by the terms of the License Agreement.
Section 12. Indemnity
You
agree to defend, indemnify, and hold harmless SINA, its
subsidiaries, affiliated companies, officers, directors,
employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your use
of the Material (including Software) or your breach of the
terms of this Agreement. SINA shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
Section 13. Export
Control
The
United States controls the export of products and information.
You agree to comply with such restrictions and not to export
or re-export the Materials (including Software) to countries
or persons prohibited under the export control laws. By
downloading the Materials (including Software), you are
agreeing that you are not in a country where such export
is prohibited or are a person or entity to which such export
is prohibited. You are responsible for compliance with the
laws of your local jurisdiction regarding the import, export,
or re-export of the product.
Section 14. Termination
You
agree that SINA, in its sole discretion, may terminate your
account and use of the Services on the Web Site, and remove
and discard any Material or Services within the Web Site,
for any reason, including, without limitation, for lack
of use or if SINA believes that you have violated or acted
inconsistently with the letter or spirit of the TOU. SINA
may also in its sole discretion and at any time discontinue
providing the Web Site, or any part thereof, with or without
notice. You agree that any termination of your access to
the Web Site under any provision of the TOU may be effected
without prior notice. You agree that SINA shall not be liable
to you or any third-party for any termination under this
Agreement.
SINA
won't give you any refund if you subscribe to any of SINA's
paid services for a specified period of time ("Subscription
Period") and such subscription is terminated prior
to expiration of the Subscription Period, unless such subscription
is terminated by SINA without cause, is terminated due to
SINA's default or nonperformance, or is expressly allowed
in writing to be terminated by you at any time prior to
expiration of the Subscription Period.
Section 15. Renewal
of Paid Membership Service
You
agree that your Paid Membership will be automatically renewed
at the end of each paid-membership period for the same length
of the period chosen most recently by you unless either
SINA or you give written notice of non-renewal to the other
party prior to the end of your paid-membership period. Your
credit card provided to us most recently will automatically
be charged the then-current membership fee for the paid-membership
service at the commencement of each renewal period. All
fees are non-creditable unless otherwise provided.
Section 16. General
This
Web Site is based in Sunnyvale, California. SINA makes no
claims the Material are appropriate or may be downloaded
outside of the United States. Access to the Material (including
Software) may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the
United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This
Agreement is governed by the internal substantive laws of
the State of California, without respect to its conflict
of laws principles. User and SINA agree to submit to the
exclusive jurisdiction of the federal and state courts located
in the County of Santa Clara, California. If any provision
of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and
effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any
other term. User and SINA agree that any cause of action
arising out or relating to the Web Site, Services or Materials
must commence within one (1) year after the cause of action
arose; otherwise such cause of action is permanently barred.
The section titles in this TOU are solely used for the convenience
of the parties and have no legal or contractual significance.
Besides the Web Site, SINA and/or its affiliate companies
operate several other web sites outside the United States.
The services provided on SINA non-US web sites are governed
by different terms of use and the applicable laws of the
jurisdiction in which such web site resides. Please refer
to the applicable terms of use when you use the services
provided on those web sites outside the United States.
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