PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS OR ANY GFRUIT WEBSITE (“SITE”).
This Site is comprised of various Webpages operated by Gfruit Creative Works (Shanghai) Marketing Service Co., Ltd.. and its Affiliates and wholly owned subsidiaries (“Gfruit”).
Gfruit authorizes you to view and access the “Content” on the Site strictly in accordance with and subject to these Terms and the Gfruit Privacy Statement. “Content” includes the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of a Site constitutes your agreement to all these Terms and to the Privacy Statement. Except as expressly permitted under a written customer agreement (“Customer Agreement”) with Gfruit under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of Gfruit or the copyright owner. For purposes of these Terms, any use of the Content on any other website or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf of yourself and any organization on whose behalf you may act.
If you do not agree with the terms of these Terms or the Privacy Statement, you may not use the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
Gfruit reserves the right to change the terms, conditions, and notices under which a Site is offered at any time, so please refer periodically to the Terms posted on the Site. The Content contained on this Site is subject to change without notice.
The Site may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Gfruit and Gfruit is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Gfruit is not responsible for webcasting or any other form of transmission received from any Linked Site. Gfruit provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gfruit of the site or any association with its sponsor or operator.
As a condition of your use of the Site, you warrant to Gfruit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such
as
rights of
privacy and publicity) of others;
b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic,
misleading,
fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable
laws
or
violate or infringe any third party rights or violate any confidentiality obligations;
c) not advertise or offer to sell or buy any goods or services for any business purpose unless such is first
permitted by Gfruit
in writing;
d) not conduct or forward surveys, contest, pyramid schemes or chain letters;
e) harvest or otherwise collect information about others, including e-mail addresses, without their consent (and
Gfruit
consent);
f) comply with all of Gfruit requirements, procedures, policies regarding visitation and use of the Site and all
applicable laws
and regulations;
g) not take any action that imposes, or may impose, in the sole discretion of the Gfruit, an unreasonable or
disproportionately
large load on the infrastructure or otherwise be disruptive including but not limited to flooding any group with
posts; or,
h) not to upload, post, use or otherwise make available any content that contains software viruses or any other
corrupt
computer code, files or programs that impair the use of any computer software or hardware or telecommunications
equipment.
Gfruit has no obligation to monitor use of its Site. However, Gfruit reserves the right to review and remove any materials from any source in its sole discretion.
Gfruit reserves the right to limit or terminate your access to any or all of its websites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
Gfruit reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gfruit sole discretion and in accordance with Gfruit Privacy Statement.
Gfruit may, but is not obligated to, monitor or review any areas, if any, of the Site where users transmit or post communications or communicate solely with each other, including, without limitation, to chat rooms, bulletin boards or another user forum, or any transaction exchange, nor is Gfruit obligated to monitor or review the content of any such user communications. Gfruit shall have no liability or obligation whatsoever related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Gfruit retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Access to some content accessible from the Site may be password controlled, so only registered User can access the pages. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by Gfruit as a result of the misuse of your user name, password or account.
GFRUIT reserves the right to deny any User registration. GFRUIT in particular reserves the right to change free
access to the
password controlled pages to registration access. GFRUIT reserves the right to prohibit User access to password
controlled
website at any time by freezing the User information (as defined below), and without explanation, especially if
the User:
1. used false information for the purpose of registration;
2. breached Terms of Use or user information duty of care;
3. violated relevant laws when accessing or using GFRUIT website;
4. no longer uses the GFRUIT website for a long period of time.
User during the registration process shall provide accurate information, change information within a reasonable time when updating the information (update online to the extent possible). The User shall ensure that it provides to the GFRUIT an e-mail which is a valid mailbox and/or cell phone number at any time. After registration, the User will get access to the code including the User name and password ("User Information"). Accessing for the first time, the User shall modify the password provided by GFRUIT. User Information can be used to view or modify personal information, or cancel its data processing agreement.
The User shall ensure that User Information is not acquired by a third party, and be responsible its User Information-required transactions or other activities. After each login, the User shall exit the password-protected webpage. If the User finds that a third party has improper use of the User Information, it shall notify GFRUIT without delay in writing or by e-mail. After receipt of the notification, GFRUIT shall reject the User Information from the password-protected website. The User has to apply with or register with GFRUIT once again before it can enter.
In the premise that it does not affect the performance of the contract, the User can at any time request to terminate its registration in writing. In this case, GFRUIT no longer needs the information and shall remove all User Information and other stored personal information of the User identified.
Unless otherwise indicated, all Content on the Site is copyright protected by China law and international treaties and the copyright is held by Gfruit or the original creator of the Content. Gfruit also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.
Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy Content from a Site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Gfruit or its affiliates or subsidiaries.
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. Gfruit reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Gfruit cautions you to make sure you completely understand the potential risks before you download any software databases or other Content (such as potential infection of your system by computer viruses). If you download software or databases from a Site (“Software”) or subscribe to any services offered through a Site, use of such Software, or subscription to such services is subject to the terms of the associated written Customer Agreement. You may not download or install the Software, or utilize Gfruit services, unless you are a party to (or a user covered under) the applicable Customer Agreement. You are solely responsible for adequate protection and backup of your software, data and equipment and, subject to the applicable Customer Agreement, you assume all risks associated with any Software you may download, access or use. Although GFRUIT tries its best to protect the website from virus attacks, but it still can not provide any assurance on this. GFRUIT shall not be responsible for any loss and damage of any User caused by the virus. For its own protection, the User shall take the necessary safety measures, and download the information, software and documentation by detecting the virus in advance.
WITHOUT LIMITING THE FOREGOING AND SUBJECT TO THE APPLICABLE CUSTOMER AGREEMENT, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, AND ACCESS TO OR UTILIZATION OF GFRUIT SERVICES, IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE APPLICABLE CUSTOMER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED IN THE CUSTOMER AGREEMENT, GFRUIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL GFRUIT AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF GFRUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
With the possible exception of in connection with password protected and/or secure/restricted areas of this Site, Gfruit does not want to receive confidential or proprietary information from you on this Site. Other than personally identifiable information (which is covered under the Gfruit Privacy Statement), any material, information or other communications that you transmit or post to a Site (User Communications) will be considered non-confidential and non-proprietary. Gfruit will have no obligations with respect to such User Communications. Gfruit and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending Gfruit any such User Communications, you also agree that GFRUIT is free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in its sole discretion.
GFRUIT does not claim ownership of the materials you provide to GFRUIT (including feedback and suggestions) or post, upload, input or submit to any GFRUIT Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GFRUIT, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. GFRUIT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GFRUIT's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, GFRUIT DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. GFRUIT FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE OR THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND GFRUIT MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GFRUIT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GFRUIT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GERBER TECHNOLOGY WEB SITE AT ANY TIME. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL GFRUIT, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GFRUIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Software, products, services and other Content made accessible under these Terms may be subject to China export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Software, products, services or Content in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to China embargo or to anyone on the China Treasury Departments list of Specially Designated Nationals or the China Commerce Departments Denied Persons List. You agree to comply with all relevant export laws and regulations, including those of the China and any other applicable jurisdiction to assure that the Software, products, services, Content or anything related to the Site are not exported, directly or indirectly, in violation of any applicable law or regulation, including all China export control laws and regulations.
The privacy policy (the Privacy Policy) for the Site is posted at the homepage. The terms of the Privacy Policy, and any future modifications or amendments to the same, are hereby incorporated by reference into these Terms and subject to these Terms.
These Terms shall be exclusively interpreted in accordance with the Chinese language with the meaning of its terms. Should a translation of these Terms deviate from the Chinese language version, only the Chinese language version shall apply and be binding.
Any challenges, sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, competition, raffle, survey or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. GFRUIT urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.
Complaints. If you have a question or complaint regarding the Site, you may contact us by writing to GFRUIT Creative Works (Shanghai) Marketing Service Co., Ltd., 16th Floor, T1, Zhonggeng Global Creative Center, 166 Minhong Road, Minhang District, 201101 Shanghai, P. R. China, Attn: Customer Service or by emailing us at info@gfruit.com.
Although this Site is accessible worldwide, not all services discussed or referenced on this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
1. Any supplementary agreement must be in writing.
2. All disputes arising from or in connection with the Terms of Use shall be submitted to China International
Economic and
Trade Arbitration Commission according to its effective arbitration rules. Arbitral tribunal has three
arbitrators. Arbitration
is in Shanghai. Arbitration language is Chinese.
3. GFRUIT does not guarantee the website information, software and / or documentation is appropriate or
available for
download or viewing outside of China. If a User enters the GFRUIT website outside of China, the User shall
assume full
responsibility to comply with the local laws in force. If GFRUIT website contains elements considered illegal in
a particular
country, it is prohibited to obtain information software and / or documentation from the website of GFRUIT in
the country.
4. Terms of Use and all disputes arising out of or related to the Terms of Use shall be applied with the laws of
China. The
principles of conflict of laws shall not be applied.
5. The website statement as well as the right to amend, update and finally interpret belongs to GFRUIT.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions and the remainder of the Terms shall continue in effect.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GFRUIT as a result of this agreement or use of the Site. GFRUIT performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of GFRUIT right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GFRUIT with respect to such use. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between the user and GFRUIT with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GFRUIT with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GFRUIT and the GFRUIT logo are trademarks of GFRUIT Creative Works (Shanghai) Marketing Service Co., Ltd.
Copyright © 2020 GFRUIT Creative Works (Shanghai) Marketing Service Co., Ltd.. All rights reserved.