| SINAMALL TERMS AND CONDITIONS
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| SINA.com provides the SinaMALL subject to your compliance with the terms and conditions below. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING SINAMALL. BY USING SINAMALL, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE SINAMLL. |
| Use of the SinaMALL
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| SINA.com offers no merchandise, products or services (collectively, the "Merchandise") for purchase by you through the SinaMALL. All such Merchandise is provided by third parties who are not affiliated with SINA.com ("Merchants"). SINA.com neither represents nor endorses the accuracy or reliability of any advertisements or information (collectively, the "Materials") uploaded, displayed, or distributed through the SinaMALL, nor the quality of any Merchandise made available to you for purchase through the SinaMALL. If you have any questions or complaints about the Merchandise you buy at SinaMall, please contact the Merchants directly, not SINA.com. If you wish to make purchases in theSinaMALL, you will be asked to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide to SINA.com in the SinaMALL for purposes of making purchases will be accurate, complete and current. . By using SinaMall, you also agree that SINA.com just collects your credit card number, billing and shipping information for the Merchants from whom you buy Merchandises at SinaMall. The Merchants, not SINA.com, are solely responsible for how they use or treat such information or any other information they independently acquire from you or about you. The Merchants offering Merchandise in the SinaMALL set their own prices, and may change them or institute new prices at any time. You agree to pay all charges incurred by users of your credit card account, or any other payment mechanism used, at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes related to purchases you make in the SinaMall. |
| Disclaimer
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| THE SINAMALL IS PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SINA.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SINAMALL, THE MATERIALS, AND THE MERCHANDISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SINA.com DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF THE MATERIALS OR THE QUALITY OF THE MERCHANDISE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL THE MATERIALS DISPLAYED AT, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH, THE SINAMALL. IN ADDITION, SINA.com DOES NOT WARRANT THAT THE SINAMALL WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE IN THE SINAMALL IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. |
| Limitation on Liability
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| IN NO EVENT SHALL SINA.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF SINA.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE FROM: (I) YOUR USE OR INABILITY TO USE THE SINAMALL; (II) ANY INACCURACIES IN ANY MATERIALS; (III) THE MERCHANDISE; OR (IV) ANY SYSTEM FAILURE OR ERRORS IN TRANSMISSION. YOU AGREE THAT ANY COMPLAINTS OR CLAIMS YOU MAY HAVE RELATED TO THE PURCHASE OF MERCHANDISE OFFERED THROUGH THE SINAMALL, OF ANY NATURE, SHALL NOT BE DIRECTED AT OR BROUGHT AGAINST SINA.com, BUT SHALL BE LIMITED TO THE MERCHANT, MANUFACTURER OR ANY OTHER RELATED THIRD PARTY. IF YOU ARE DISSATISFIED WITH THE SINAMALL, OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES OF SINA.COM IN OPERATING THE SINAMALL, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SINAMALL.. |
| Consumer Information
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SINA.com has no obligation to monitor the SinaMALL. However, you agree that SINA.com has the right to monitor the SinaMALL electronically from time to time and to disclose any information necessary to satisfy any law, regulation or other governmental request, to operate the SinaMALL properly, or to protect itself or the Merchant.
Failure to Comply With Terms and Conditions You agree to defend, indemnify and hold SINA.com harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of the terms and conditions herein by you. |
| Miscellaneous
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| If any of the terms or conditions herein is found invalid or unenforceable, that term or condition shall be enforced to the maximum extent possible, and the remaining terms and conditions herein shall remain in full force and effect. SINA.com's failure to insist upon or enforce strict performance of any such term or conditoin herein shall not be construed as a waiver of any such term or condition or right. Neither the course of conduct between parties nor trade practice shall act to modify any of the terms or conditions herein. SINA.com may modify the terms and conditions from time to time and your continued use of the SinaMALL after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to click on the link of SinaMall Terms and Conditions regularly to check whether any of the term or conditions herein has been modified. If you do not agree to any modification of the terms or conditions herein, you must immediately stop using the SinaMALL. This terms and conditions herein shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. You and SINA.com agree to submit to the exclusive jurisdiction of the federal and state courts located in the County of Santa Clara, California. |
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