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Terms of Use

Welcome to OSell.com! These Terms of Use describe the terms and conditions applicable to your access and use of the website at OSell.com. This document is a legally binding agreement between you as the user of the Site (referred to as “you”, “your” or “User” hereinafter), and OSell entity (referred to as “we”, “our” or “OSell” hereinafter).



1. APPLICATION AND ACCEPTANCE OF THE TERMS

1.1 Your use of the Site and OSELL’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the Site that OSELL may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.

1.2 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with OSELL, or 

(b) you are not permitted to receive any Services under the laws of the People's Republic of China or the country / region in which you are resident or from which you use the Services.


1.3 You acknowledge and agree that OSELL may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.

1.4 You may be required to enter into a separate agreement, whether online or offline, with OSELL for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

1.5 The Terms may not otherwise be modified except in writing by an authorized officer of OSELL.



2. USERS GENERALLY

2.1 As a condition of your access to and use of the Site, you agree that you will comply with all applicable laws and regulations when using the Site.

2.2 You agree to use the Site solely for your own private and internal purposes. You agree that:
(a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site;

(b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with OSELL or otherwise commercially exploiting the Site Content.

2.3 You must read OSELL’s Privacy Policy which governs the protection and use of personal information about Users in the possession of OSELL and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

2.4 You must keep your personal information such as financial accounts, credit card, and corresponding passwords confidential. OSELL is responsible in no circumstance for any loss due to disclosure of personal information.

2.5 You could access third party services. We however do not guarantee the quality, reliability or suitability of any third party services provided, made available or linked through our services and we will bear no responsibility for such third party services. If you access third party services through our services, you must comply with any terms and conditions applicable to those services.

2.6 You shall request the receipt of payment to the Third Parties you visit if you need. All fees of mail of related expenditure are paid by the Third Parties.

2.7 You shall respect and cannot behavior any unauthorized terms to Third Parties in accordance with the laws of the People's Republic of China and other relavant intellectual property right. Therefore, you must not:

(a) remove any copyright notices or other proprietary notices;

(b) reverse engineering, translation, decompiling to Third Parties; and 

(c) harms or exploits any person (whether adult or minor) in any way, including being hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;

2.8 Beyond that any attempts are prohibited to hack the website, ascertain passwords or by other means to get access to the service, accounts or any stored data. Except for authorization, you must not:

(a) make use of any data or access the server / account;

(b) access into the public computer network or other computer system to delete, modify and increase data storage;

(c) attempt to probe, scan or test defects of Site in order to destroy network security;

(d) intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items to disturb the operation of network; and

(e) attack the Site due to the defeat of the system to get improper advantage.



3. MEMBER ACCOUNTS

3.1 Upon registration on the Site, OSELL shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.

3.2 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify OSELL immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

3.3 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to OSELL or other Users of the Site. Member shall indemnify OSELL, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, OSELL shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.



4. MEMBER'S RESPONSIBILITIES

4.1 Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that:
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete;
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

4.2 Upon becoming a Member, you consent to the inclusion of the contact information about you in our Buyer Database and authorize OSELL and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.



5. LIMITATION OF LIABILITY AND DISCLAIMER

5.1 In no event will OSELL be liable in network connection in these terms or our service caused by Force Majeure such as natural disaster or war, any computer virus, Trojan horse or other damage caused by malware or hackers, any malfunction or failure of our or your software, system, hardware or connectivity, improper or unauthorized use of our services or software, your use of our services or software in breach of these terms or the general eula or any reasons beyond our reasonable control or predictability.

5.2 In no event will OSELL be liable under no circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data from Third Parties.

5.3 OSELL does strive to provide a quality protection for your personal information; we however do not guarantee and are not responsible for the secure protection service under current technology.

5.4 If the Third Parties violate the term or are terminated for some reason and affect your business, you shall claim the right to the parties. OSELL is not responsible for the law violation and termination of the Third Parties.



6. GENERAL PROVISIONS

6.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and OSELL with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

6.2 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

6.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

6.4 OSELL’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of OSELL’s right to act with respect to subsequent or similar breaches.

6.5 OSELL shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of OSELL). You may not assign, in whole or part, the Terms to any person or entity.