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1. Foreword
(a) General Notice
(b) Changes of the Agreement
2. Membership
(a) Membership Registration
(b) Registration Identification and Passwords
(c) Termination of Membership
(d) Paid Membership
3. Intellectual Property
4. Arbitration
5. Disclaimer, Limitation of Liability and Indemnification
(a) Disclaimer
(b) Limitation of Liability
(c) Indemnification
6. Privacy / Security Policy
7. Contact
1. Foreword
(a) General Notice
EnergyDataBank provides access to its Web Site ("Site") and Contents of its Site ("Service") to the following terms and conditions contained herein (the "Membership Agreement"). As a condition of using the Site and Service, you agree to review and accept each of the terms and conditions of this Membership Agreement. BY REGISTERING, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS REGARDING YOUR USE OF THE SITE AND SERVICES OFFERED IF YOU DO NOT AGREE TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT ACCESS TO THE SITE OR OTHERWISE USE THE SERVICES. EnergyDataBank reserves the right, at its sole discretion, to amend this Agreement as regard to the fee structure at any time when needed to reflect the business strategy of EnergyDataBank without prior notice to each member. Changes shall be effective as of your next use of the Site following their posting.
Existing Terms and conditions becomes effect since August 1, 2004, and will be updated at a time when necessary.
(b) Changes of the Agreement
EnergyDataBank reserves the right to amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall become effective as of your next use of the Site. EnergyDataBank may also add, delete or modify some or all of its services at any time. Notice may be given by publications in the customer newsletter or by publication over the Site and Service (for example, via a pop-up window and etc.). You agree to periodically review the terms and conditions of this Agreement to remain aware of any modifications. Your continued use of the service after such notice will constitute acceptance of the variation.
2. Membership
(a) Membership Registration
The membership registration requires your individual contact information (e.g. your full name, phone number, email address, User ID and a password). For a company or organizational member, you are invited to complete the form with your company's official information including company's full name, business registration location with full address, etc. By registering as a member of the Site, you agree and warrant that the information you provide is all true and accurate and that you'll update the information if there is some change, from the “Update My Info page”.
(b) Registration Identification and Passwords
Your registration identification and password are confidential and proprietary and you should not disclose your registration identification or password to or share them with any third parties, or otherwise use registration identification or password for any unauthorized purpose.
(c) Termination of Membership
EnergyDataBank may terminate your membership if, at its sole discretion, you breach any term of this Agreement, or if EnergyDataBank is unable to verify or authenticate any information provided by you. You may terminate your right to use the Site and Service at any time, by sending a simple notice to EnergyDataBank at
Askme@energydatabank.com with your registration identification and password.
(d) Paid Membership
From August 1, 2004, EnergyDataBank starts to provide members with fee-based contents on specified information. Fee-based contents consist of Weekly Express, Quarterly Statistics Analysis, Annual Reviews, Laws & Regulations, Oil Market, Natural Gas Market, Power Market and Mineral Market. At the signing of the service contract with EnergyDataBank, members agree to pay an annual service fee to allow access to EnergyDataBank, and the payment is non-refundable.
3. Intellectual Property
EnergyDataBank grants members limited permissions to make personal use of the Site, all images, graphics and contents of the Site, conditional upon your continued compliance with these terms and conditions. You may not reproduce, upload, post, transmit, download, distribute, sell, sublicense, transfer, mirror or frame any part of the Site, except that you may printout or download some portions of the Site for your own personal use or for other uses expressly permitted by EnergyDataBank. You may not modify or create derivative works of the Site without the prior written consent of EnergyDataBank.
4. Arbitration
You agree that all disputes, controversies, or differences which may arise between you and EnergyDataBank, out of or in relation to or in connection with this Agreement or your use of the Site and Service, or for the breach thereof, shall be settled by arbitration in Beijing, China in accordance with the Arbitration Rules of the Chamber of Commerce of the People's Republic of China and under the laws of P.R.China. The award rendered by the arbitrator(s) shall be final and binding upon both members and EnergyDataBank.
5. Disclaimer, Limitation of Liability and Indemnification
(a) Disclaimer
Some of the information contained herein is obtained from third-party sources. Because of the possibility of human and mechanical error as well as other factors, EnergyDataBank is not responsible for any of such errors or omissions whether by EnergyDataBank or third parties. Service availability, price and time-related information appearing on the Site are subject to change. EnergyDataBank is not responsible for any of such changes and advises you to confirm all specific terms appearing on the Site before acting in reliance on such terms. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ENERGY DATABANK MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO MEMBER AND/OR ANY THIRD PARTY INCLUDING WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. It is possible that from time to time access to the Site will be impaired or interrupted for routine maintenance, to correct unforeseen problems, or for other reasons beyond EnergyDataBank's control. ENERGY DATABANK CANNOT GUARANTEE THAT SERVICE IMPAIRMENT OR INTERRUPTION WILL NOT OCCUR. ACCORDINGLY, ENERGY DATABANK DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS, INCLUDING BUT NOT LIMITED ANY CONSEQUENTIAL DAMAGES. AND HEREBY NOTIFIES MEMBERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ENERGYDATABANK'S CONTROL.
(b) Limitation of Liability
IN NO EVENT SHALL ENERGY DATABANK BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND IN NO EVENT SHALL ENERGYDATABANK'S TOTAL CUMULATIVE LIABILITY EXCEED THE PRESCRIBED FEE (SUCH AS MEMBERSHIP FEE) ASSOCIATED WITH THE OCCURRENCE THAT GIVES RISE TO A LIABILITY, WHATSOEVER, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND REGARDLESS WHETHER ENERGYDATABANK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Indemnification
You agree to indemnify EnergyDataBank from and against any and all claims and damages of any kind (including attorneys' fees) resulting from your use of the Site and service, from your breach of any provision of this Agreement or from any actions you take. EnergyDataBank reserves the right to report any wrongdoing by you, if EnergyDataBank becomes aware of it, to the applicable government authorities.
6. Privacy / Security Policy
All information that you submit to the Site such as registration information are maintained and protected by EnergyDataBank as confidential in accordance with the Privacy Policy of EnergyDataBank, and may be modified by EnergyDataBank, at its sole discretion, from time to time. You understand that you are solely responsible for providing accurate and complete information and that failure to do so may result in actions taken against you for gross misrepresentation or fraud by EnergyDataBank or other members. Without disclosing the individual information of members to third parties, except as required by law or for the normal operation of the Site, EnergyDataBank may use this information at its sole discretion. EnergyDataBank also keeps track of all visits to the Site, but only to see which pages are frequently visited in order to improve the quality of the Site. In addition, EnergyDataBank may aggregate the information collected from tracking activities (without disclosing individual information) for marketing and promotional purposes. While EnergyDataBank strives to protect the individual information and privacy of the members, EnergyDataBank cannot absolutely guarantee the security of any information you disclose online. This policy may occasionally be amended or updated, so please check here from time to time.
7. Contact
If you have any questions or comments about Terms and Conditions of Energy DataBank, please do not hesitate to contact us at:
E-mail: askme@energydatabank.com
Phone: 86 10 62120016
Fax: 86 10 62162758
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