MoboMarket User Agreement

BAIDU MoboMarket USER TERMS AND CONDITIONS

Your use of Baidu's MoboMarket (the "Store") is governed by and subject to the terms and conditions of this MoboMarket User Agreement ("hereinafter referred to as these "Terms") between You as the User (hereinafter referred to as “You” or “Your” or “User”) and Baidu (Hong Kong) Limited of Rooms 2201-03,22/F.,World Wide House,19Des Voeux Road Central,HK P.R.C (“Baidu”) (User and Baidu shall be jointly referred to as the “Parties”).

Such Terms set out the rights and obligations that You have as a User of the MoboMarket Appstore, as explained in these links: http://www.mobomarket.net/ (the “Store”) , and describe in detail the rules governing your usage of the services provided to You by Baidu and your usage of these services (Please refer to these links: http://www.mobomarket.net/).

Please read the entire content of these Terms and the information provided in the above relevant links (relating to the Store and the services) carefully before you start to use such services (including those provided by Baidu's MoboMarket Windows Version and Baidu's MoboMarket Android Version) as provided under these Terms.

Completing registration or your use of the Store shall be construed and understood to constitute Your (as the User’s) acceptance of all of the terms and conditions of these Terms including those contained in: (i) the Baidu Mobile Application Privacy Policy (the “Policy”) (http://www.mobomarket.net/policy/), and (ii) the Store and the services (http://www.mobomarket.net/), and you understand and agree that a legal contractual relationship has been established between You, (as the User), and Baidu. By clicking on “Sign Up” during the registration process, You (as the User) wholly agree to all provisions in the items of these Terms and the Policy. You alone shall bear any and all legal responsibility and/or liability that arise from any and all activities conducted and events which arise as a result of your use of the Store. In the event of a dispute, You shall bear responsibility for failing to carefully review these Terms, and you shall not use such failure as a defense.

By using the Store under these Terms, You (as the User) hereby declare that: (a) You are of sufficient legal age (according to the prevailing regulations) and have the full legal capacity and are not prohibited to enter into and conclude a binding agreement; or (b) You have obtained the consent from your parents or guardian to use the Store under these Terms. You also declare that the information that You provide in the registration process is always true, up to date and accurate.

Baidu users understand and acknowledge that their use of the various services provided by Baidu shall be construed and understood as Your consent to each individual Baidu service and all other announcements published by Baidu governing each individual service.

The User acknowledges that Baidu may amend and update these Terms, pertaining to each individual service from time to time without any specific previous notice, including by way of announcing the amendment to these Terms. The User is fully required to know the modified and newest version of these Terms by access in this link. [http://m.mobomarket.net/agreement.html]

Please read these Terms carefully before you commence utilizing the various services provided by Baidu. If you do not accept any terms or conditions of these Terms, any other agreement that may be applicable to the individual service you obtain from Baidu and/or any amendment to these Terms or any such other agreement, you should discontinue your use of such services immediately. Once you use any of Baidu's service(s), including the Store, it shall be construed and understood that you have fully understood, consented to and accepted all terms and conditions of these Terms, any other applicable agreement and their amendments.

Indemnity

You, as the User, agree to indemnify and hold Baidu and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any alleged, threatened or actual claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Store, your connection to the Store, Your violation of terms and conditions of these Terms, your violation of the provisions of other related agreements, or your violation of any rights of another individual.

DISCLAIMER OF WARRANTIES

You, as the User, expressly understand and agree that:

Your use of the service and any Baidu product or service is at your sole risk. The Store is provided on an "as is" and "as available" basis. Baidu and its subsidiaries, affiliates, officers, employees, agents, officers, partners and licensors expressly disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Baidu and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no representation, warranty or guarantee that: (i) the Store will meet Your requirements, (ii) Your use of the Store will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Store will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by You, as the User, through the Store will meet Your expectations, and (v) any errors in your use of the Store or will be corrected.

Any material downloaded or otherwise accessed or obtained through the use of the Store is accessed at Your own discretion and risk, and You will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device or loss of data that results from the download of such material.

No advice or information, whether oral or written, obtained by You from Baidu or through you from Baidu shall create any warranty not expressly stated in these terms.

Baidu and its affiliates do not review or monitor any web sites linked to the Store, and are not responsible for the content of any such linked web sites. Your use of such web sites is at Your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Store is at Your own risk. Prior to purchasing any third party products or services described on or linked from the Store, You are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Baidu nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Store.

All links and logos to third party websites have been provided by third parties and have not been provided by Baidu or its affiliates. Your use of any third party websites linked to from the Store is subject to the terms of use, terms of service and privacy policy of that third party website. If You have any questions or issues in connection with such third party services, please contact us at: [mobomarket_id@baidu.com]

LIMITATION OF LIABILITY

You expressly understand and agree that Baidu and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for You for any punitive, 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 Baidu has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Store, (ii) the cost of procurement of substitute goods and services, (iii) unauthorized access or alteration of Your transmission or data, (iv) statements or conduct of any third party on the Store, or (v) any other matter relating to the Store. The Parties agree that Baidu’s aggregate liability for damages arising out of or related to these terms shall be limited to $500.00 (five hundred United States Dollars).

Client Software

The Store may automatically update client software to make usage easier.

The Store's mobile client will not use 2G or 3G networks without Your permission. If You allow the Store to use such a network, fees incurred may be charged by the corresponding network operator, but Baidu will not generate profit as a result.

Use Rules

Baidu users shall be bound by the laws and regulations of People's Republic of China ("P.R.C.") when using the Store and shall not utilize the service for any illegal activities, including but not limited to:

  • Instances where it is forbidden to use the Internet service system for illegal purposes; or
  • Instances where it is forbidden to undertake the following activities: (1) access the computer information network or use of resources of the computer information network without authorization; (2) delete, modify or add any function of the computer information network without authorization; (3) delete, modify or add any data or application stored, processed or transmitted in the computer information network without authorization; (4) intentionally create or disseminate computer virus or other destructive programs; (5) or other activities that damage the computer information network.

Baidu Users shall not duplicate, copy, sell, resell or use for any other commercial purpose any part of the Store or the use of the Store.

Service Content

Unless otherwise expressly provided in these Terms, any new product(s), new function(s) and/or new service(s) provided in connection with, or affiliated with, the Store by Baidu shall be subject to these Terms.

Baidu may conduct maintenance on the Store and other related equipment either regularly or irregularly. Baidu shall assume no responsibility for any interruption of the network services (including, but not limited to subscription network service) within a reasonable period caused by such maintenance. Baidu reserves the right to suspend any part of, or the entire Store, for maintenance, upgrading and other purposes without prior notice.

Baidu is entitled to modify or terminate the services provided under the Store (or any other parts thereof) at any time temporarily or permanently without prior notice. Baidu is not liable to any user or any third party with respect to any modification or termination of service with or without notice.

Termination of Service

Baidu users agree that Baidu is entitled to terminate the use of any service (or any part of service), or remove and delete any content in connection with this service based on Baidu’s own discretion for any reason, including but not limited to non-use or access for a long period of time or if Baidu considers a Baidu user to have violated or be in the process of violating the terms and conditions of these Terms.

The User agrees that the service provided in accordance with these Terms can be suspended or terminated without any prior notice.

Baidu users agree that in the event the use of the service is suspended, terminated or the account and relevant information and documents are shut down or deleted, neither Baidu nor its affiliates shall be responsible for any liability to a Baidu user or any other third party.

INTELLECTUAL PROPERTY AND OTHER LEGITIMATE RIGHTS AND INTERESTS (INCLUDING BUT NOT LIMITED TO THE RIGHT TO REPUTATION AND BUSINESS REPUTATION)

Exclusive Rights to Users and Infringement Notice

We respect the intellectual property rights of others. If You believe that your copyright or trademark rights in a work belonging to You have been infringed upon or violated and appears on the Store, please provide written notice to the following Baidu agent for a notice of claim of copyright infringement:

  • Baidu
  • No. 10, Shangdi 10th Street
  • Haidian District
  • Beijing, PRC 100085

Your written notice must meet the following requirements:

  • Contain Your physical or electronic signature;
  • Identify the copyrighted work alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact You (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is provided pursuant to our requirements set out above. If You receive such notice from us, You may provide us with a counter-notification in writing to us designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number.

The following rules apply with respect to any and all intellectual property provided on or otherwise affiliated with the Store:

  • All information and images are being provided such that Users can access information;
  • All information and images may not be used for commercial purposes;
  • All information, images or any part thereof must include this copyright notice;
  • All of Baidu's products, technology, and all programs provided on the Service are Baidu intellectual property and are not authorized to anybody hereby.
  • Baidu,"百度" and related graphics are registered trademarks of Baidu;
  • Without Baidu's prior consent, license or authorization, no third party shall engage in the following conduct, including but not limited to: illegally copying, disseminating, displaying, mirroring, uploading, or downloading the aforementioned information, products, technology and programs that are the exclusive property of Baidu. Baidu shall work with the appropriate authorities to investigate any user's or third party's use of Baidu’s information, products, technology or programs undertaken in violation of any related laws or regulations.

Baidu users agree that all of Baidu’s trademarks, trade names, services marks and other Baidu logos and brand features, and product and service names, including Hao123, are the property of Baidu (the "Baidu Marks"). Without Baidu's prior permission, you may not display or use the Baidu Marks in any manner.

MISCELLANEOUS PROVISIONS

These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to choice of law principles. Should a dispute arise between the Parties in connection with this Agreement, the Parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the Parties agree that such and all disputes arising from the implementation of or in connection with this Agreement, including questions regarding its existence, validity or termination, shall be settled, referred to and finally resolved by the Hong Kong International Arbitration Centre (“HKIAC”), under its Rules of Arbitration for the time being in force, which rules are deemed to be incorporated by reference to this section. The arbitration shall be conducted in English by three (3) arbitrators from the then existing HKIAC list of arbitrators where each Party shall appoint one arbitrator and these two shall appoint a third arbitrator. The award shall be final and binding on both Parties. Expenses of the arbitrator(s) shall be divided equally between the Parties.

The Parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration centre and the arbitral award. Nothing herein shall be deemed to limit the parties’ rights to seek interim injunctive relieve from any court to prevent or curtail any breach of this Agreement.

The failure of Baidu to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. These Terms, together with all applicable other agreements, as they may each be amended from time to time by Baidu, constitute the entire agreement between Baidu and You, as the user, regarding their subject matter and supersede all prior and contemporaneous agreements and understandings, whether written or oral. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Language: These Terms is made in the English and the Indonesian languages and the Parties agree that in the event of any inconsistency between the English and the Indonesian language versions, the English language version shall prevail and take precedence.

Please send notice to Baidu if you know of any violation of the Agreement and/or any other individual service's Terms of Service. You may contact Baidu at the following address:

  • Baidu
  • No. 10, Shangdi 10th Street
  • Haidian District
  • Beijing, PRC 100085

Notices, Questions and Suggestions:

  • If you have any questions or suggestions, please contact us at [mobomarket_id@baidu.com]

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