Terms
of Use
BEFORE USING THIS WEBSITE PLEASE READ THE TERMS OF USE SET FORTH
BELOW, AS THEY APPLY TO YOUR USE OF THIS WEBSITE. BY USING AND CONTINUING
ACCESS TO THIS WEBSITE, YOU SHALL CONCLUSIVELY BE DEEMED TO HAVE
ACCEPTED THE TERMS OF USE SET FORTH BELOW.
1. Definitions
In these Terms of Use, the following words and expressions shall
have the following meanings: "Information" means information,
data, text, content, analysis, news, reports, programs, photographs,
picture, graphics, video, audio, software and other materials, communications,
transmissions and other items, tangible or intangible; "Services"
means services as may be offered from time to time on this Website;
"Terms of Use" means the terms of use set out below as
amended from time to time; "we", "our" or "us"
means Origin Agritech Ltd.
2. Changes to Website
We may, in our sole discretion and at any time, without notice to
you, add to, amend or remove any Information from this Website,
or alter the presentation, substance, or functionality of this Website.
3. Changes OF Terms
We may amend, add or delete any provision of the Terms of Use from
time to time in our sole discretion and such amendment, addition
or deletion shall be effective immediately upon either posting the
modified Terms of Use or notifying you. You agree to review these
Terms of Use periodically to ensure that you are aware of any modifications.
Your continued access of and use of the Information of this Website
and Services following such amendments to the Terms of Use, shall
conclusively be deemed to be your acceptance of the modified Terms
of Use.
4. User's Conduct
As a condition of your access or use of this Website, you must not:
a. Trespass, break into, access, use or attempt to trespass, break
into, access or use any parts of our servers, and/or any data areas
for which you have not been authorized by us;
b. Restrict or inhibit any other user from using and enjoying the
Website;
c. Post or transmit any unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, profane, threatening, abusive, harmful, hateful,
offensive, or otherwise objectionable or unreasonable Information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that may constitute a criminal offence, give
rise to civil liability, or otherwise violate any local, state,
national or foreign law;
d. Post or transmit any advertisements, solicitations, chain letters,
pyramid schemes, junk email, investment opportunities or schemes
or any other unsolicited communications or messages (commercial
or otherwise), or engage in spamming or flooding;
e. Post or transmit any Information or software which contains any
virus, trojan horse, worm or other harmful component or any other
computer code, files or programs designed to interrupt, destroy
or limit the functionality of this Website or any computer software
or hardware;
f. Post, publish, transmit, reproduce, distribute or in any way
exploit any Information obtained through this Website for commercial
purposes;
g. Upload, post, publish, transmit, reproduce, or distribute in
any way, Information obtained through this Website which is protected
by copyright, or other proprietary right, or create derivative works
with respect thereto, without the prior written permission of the
copyright owner or stakeholder or otherwise infringe any patent,
trademark, trade secret or other intellectual property rights or
other rights of third parties;
h. Stalk or otherwise harass or violate the legal rights of others;
i. Collect or store personal data about other users.
This site is owned and operated by Origin Agritech Ltd. (referred
to as "Origin", "we", "us", or "our"
herein). No material from the site may be copied, reproduced, republished,
uploaded, posed, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer
for your non-commercial use only, provided that you keep intact
all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation
of Origin copyright and other proprietary rights. Except as otherwise
indicated on this site and except for the trademarks, service marks
and trade names of other companies that are displayed on this site,
all trademarks, service marks and trade names are property of Origin.
5. Prohibition of Access
We reserve the right at all times to prohibit, deny or suspend your
access to this Website or any part thereof immediately and without
notice, where we consider it unacceptable or we are of the opinion
that you have breached any of the terms contained in the Terms of
Use or that such prohibition or denial is appropriate, desirable
or necessary in our sole discretion. For the avoidance of doubt,
Clauses 4, 7, 8 and 12 shall remain valid and subsisting notwithstanding
that your access to this Website or any part thereof is prohibited,
denied or suspended.
6. Links to and from the Website
The links on this Website may take you to other sites that are not
under our control. Links to other websites do not constitute an
endorsement by us of such websites or the Information, products,
advertising or other materials available on those websites. You
acknowledge and agree that we have no responsibility for the content,
accuracy or availability of any Information provided by linked websites
or liable for any loss or damage caused by, arising out of or in
connection with use of or reliance on any Information, materials,
goods or services available on or through any such websites.
7. Indemnity
You agree to indemnify, defend and hold harmless Origin Agritech
Ltd. from any and all damages, liabilities, costs, charges, and
expenses, including attorneys' fees, arising out of any material
breach of these terms and conditions by you, including any use of
this site by you which is not expressly authorized under these terms
and conditions.
8. Limited Liability and Warranty
All Information in this Website is for your general reference only.
We do not accept any responsibility whatsoever in respect of such
Information.
The Services and Information of this Website are provided on an
"as is", "as available" basis without any representation
or warranty of any kind, whether expressed or implied, including
without limitation any warranties of accuracy, completeness, quality,
timeliness, availability, non-infringement of copyright or any other
intellectual property rights or on merchantability or fitness for
any particular purpose of the Information contained in this Website
other than those warranties which are implied by and incapable of
exclusion, restriction or modification under the laws applicable
to the Terms of Use. In particular, we do not warrant that the Information
contained in this Website will be uninterrupted or error free, that
defects will be corrected, or that this Website or the server that
makes it available is free of any virus or other contaminating or
destructive components.
In no event shall we be liable for any direct, indirect, incidental,
special, economic or consequential loss or damages of any kind whatsoever
(including without limitation damages for loss of profits, business
interruption, loss of information or data or loss of use of any
equipment or software), howsoever caused, arising out of the use
or the inability to use the Information contained in this Website
or any other matter related to this Website, even if the same is
known to us.
You understand and agree that any Information downloaded or otherwise
obtained through the use of this Website or the Services is at your
own discretion and sole risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of any such Information.
The limitation of liability contained in these Terms of Use will
apply to the fullest extent permitted by applicable laws. In jurisdictions
which do not allow the exclusion or limitation of certain types
of liability, our liability will be limited to the maximum extent
permitted by law.
We do not endorse, warrant or guarantee any Information, material,
product or service referred to in the linked websites. We are not
and will not be a party to any transaction between you and any third
party.
9. Feedback
You acknowledge and agree that we shall be free to copy, disclose,
distribute or otherwise use any material, including without limitation,
any ideas, suggestions, submissions, information or other communications
transmitted or posted to this Website by you for any purposes as
we deem fit without liability or compensation to any person or entity.
10. Severability
In the event that any term or provision of these Terms of Use shall
be determined by any competent authority to be invalid, unlawful
or unenforceable to any extent, such term or provision shall to
that extent be severed from the remaining terms and provisions which
shall continue to be valid to the fullest extent permitted by the
applicable laws
11. Notice
Notices to you may be made via email or regular mail. We may but
not obliged to provide notices of changes to the Terms of Use or
other matters by displaying notices or links to you generally on
this Website.
12. Governing Law and Jurisdiction
These Terms of Use shall be governed by the law of the People's
Republic of China. You agree to submit to the non-exclusive jurisdiction
of the PRC courts.
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