Nov 1, 2012

TERMS AND CONDITIONS OF SERVICE

DEFINITIONS

For purposes of these Terms and Conditions of Service, the following terms have the meaning set forth below.


"MBN" means Myanmar Business Network, which may also be referred to as “we”, “us” or “our” as the context requires.


"Terms" means these Terms and Conditions of Service.

"Website" means the Myanmar Business Network together with, unless the context otherwise requires, its content currently at http://www.myanmar-business.org/.
GENERAL TERMS

The following terms and conditions of service govern your use of the Website.

1. Limited License to Use Website: We grant you a nonexclusive, non-transferable, revocable and limited license to use the Website in accordance with these Terms. Any copyright or attribution notice appearing on the original content or information must appear on all copies of the content or information. Any document created based on information from the Website is your work product, which you use at your own risk, and we assume no liability for its use.

2. No Commercial or Non-Permitted Usage: This Website is intended for use by individuals and other entities interested in market, business or other information concerning Myanmar. We have exercised efforts to provide you with accurate information on the Website from public or other sources but we are not in any way responsible for your use or reliance on such information, which is solely at your own risk. The use, reproduction, copying, resale or redistribution of any non-public content of the Website for commercial or any other non-permitted purpose is prohibited without our prior written consent.

3. Unlawful Activity: You may not use the Website or its content in any way that violates the laws or regulations of any jurisdiction or any political subdivision thereof. We reserve the right to investigate complaints or reported or unreported violations of these Terms and to take any action deemed appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other appropriate third parties and disclosing any information necessary or appropriate to such persons or entities including, without limitation, information related to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

4. Our Intellectual Property Rights: Except as expressly provided in these Terms, nothing contained herein shall confer, or shall be construed as conferring, any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Website is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and may not be used except as provided in these Terms without our prior consent. You also agree that we retain all copyrights in the layout and graphics of the Website, the collective and compilation copyrights in all databases and navigation design in relation to the Website, and all content of the Website created by our employees, contractors, consultants, or other contributors.

5. Use of Our Service Marks and Trade Dress: You may use our trademarks in referring to the Website or its content without our permission, provided that you follow standard trademark usage practices and provide proper attribution. Any other uses require our prior written consent. You may not use our service marks or trade dress in a third party service name or publication title; in, as, or as part of your own service or marks; to identify products or services that are not ours; in a manner likely to cause confusion; in a manner that implies inaccurately that we sponsor, endorse, or are otherwise connected with, your own activities, products, and services; as hidden or embedded text in web pages; or in a manner disparaging us or the Website.

6. Links to Third Party Sites: If you use any links on the Website to reach other websites not maintained by us, you will leave the Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by us of the linked website, nor does it imply that the linked website recommends, approves of, or endorses us or the Website.

7. Discontinuation: In the event of any change in laws or regulations or for any other commercially reasonable reason as determined by us acting in good faith, we reserve the right to discontinue the operation of the Website at any time.

8. User Conduct: You agree to not use the Website to (a) upload any content or electronic information of any kind that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (b) harm minors in any way, (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) upload any content or electronic information that you do not have a right to transmit under applicable laws and regulations or under contractual or fiduciary relationships (including, without limitation, inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (e) upload any content or electronic information of any kind that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (f) upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (g) upload any material that contains software or other viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or related equipment, (h) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, (i) "stalk" or otherwise harass another or (j) collect or store personal data except as may be permitted by these Terms and the features of the Website.

9. Not Investment or Legal Advice: The Website provides information concerning Myanmar but it is not a substitute for advice from a licensed professional. The content of the Website is not intended to and does not constitute investment or legal advice. Your use of this site does not create any fiduciary relationship between you and us. The accuracy of the content of the Website is neither warranted nor guaranteed and you use the Website at your own risk. You agree that you have not and will not detrimentally rely on any information received in connection with your use of the Website.

10. Non-Reliance, Assessment and Understanding, Status and Assumptions: Each time you use the Website, you represent to us as follows:
(a) You have made your own independent decision to use the Website and its content and as to whether such use is appropriate or proper based upon your own judgment and upon advice from such advisers as you have deemed necessary. You are not relying on any communication (written or oral or express or implied) of MBN as advice of any kind or as a recommendation. You understand that information and explanations related to the Website and its content shall not be considered to be advice of any kind or a recommendation. No communication (written or oral) received from MBN shall be deemed to be an assurance or guarantee as to the expected results of any action.
(b) You are capable of assessing the merits of and understanding (on your own behalf or through independent professional advice), and understand and accept the Terms and risks of any use.

(c) MBN is not acting as a fiduciary for or adviser to you in any respect.
11. DISCLAIMER: THE WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE CONTENT. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL ALWAYS BE ACCESSIBLE. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND WE WILL NOT PROVIDE ANY TECHNICAL OR OTHER SUPPORT IN CONNECTION WITH YOUR USE OF THE WEBSITE EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS.

12. LIMITATION OF LIABILITY: BY YOUR USE OF THE WEBSITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE OR THE CONTENT, WHETHER SUCH CLAIMS ARE AGAINST US OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE WEBSITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR THE WEBSITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE.

13. Suggestions: You are encouraged to bring any errors, problems, or other issues concerning the Website to our attention for the benefit of your fellow users. Please email evi@myanmar-business.org to advise us of any such issues. We retain the right to respond to your comments in any manner we deem appropriate.

14. Limited Third Party Technical Support: We may arrange limited technical support from a third party provider or providers in connection with technical related questions about the use and navigation of the Website but we do not bear any liability of any kind in relation to any kind of customer or technical support, if made available, or whether your question was appropriately addressed or not or responded to in a timely manner or not.

15. Governing Law and Dispute Resolution: These Terms shall be governed by, and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any controversy or claim arising out of or relating to your use of the Website or these Terms, which the parties are not able to resolve in an amicable fashion within a reasonable time, shall be settled by the courts of the Hong Kong Special Administrative Region and each party submits to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region for that purpose. Each party will bear its own costs and expenses, including attorney fees and expenses, associated with any dispute.

16. No Liability: You agree that we shall have no liability whatsoever in respect of any claims, losses, expenses, damages or costs arising as a result of your use of or inability to use the Website or its content.

17. Third Party Rights: The provisions of Sections 11 (Disclaimer), 12 (Limitation of Liability) and 15 (Governing Law and Dispute Resolution) are for our benefit and the benefit of any third party providing content to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

18. Notification of Alleged Copyright Infringement: We reserve the right to remove any content in the Website that allegedly infringes a third party's copyright and to prohibit further use of the Website by the individuals responsible for said infringement. Notices to us regarding any alleged copyright infringement should be sent by email to evi@myanmar-business.org.

19. Remedies: You acknowledge that any use of the Website contrary to these Terms may cause irreparable injury to us and that, under such circumstances, we will be entitled to equitable relief or the equivalent in any jurisdiction including, but not limited to, preliminary, temporary or permanent injunctive relief, without posting bond or other security.

20. Entire Agreement: The version of these Terms currently available at the Website together with any agreement with us constitutes the complete statement of the agreement between you and us and supersedes all prior proposals, understandings, and all other agreements, oral and written, between you and us relating to the subject matter contained herein or therein.

21. Severability and Waiver, No Waiver of Rights: If any part of these Terms is found to be invalid, void, or unenforceable, you agree with us that the remaining parts of the Terms will continue in force, that the provision at issue may be replaced by a lawful provision that most nearly matches the original intention and that these Terms will, as modified, remain valid and enforceable. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

22. Modifications to Terms: We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on the Website and are effective immediately upon publication on the Website. Your continued use of the Website after any update constitutes your agreement to be bound.

© Myanmar Business Network 2012. All rights reserved.


 
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