
Terms of Use
Welcome to mbpchina.com. Please read these terms of use ("Terms") carefully before using this website. By accessing and using this website, you agree to each of the terms and conditions set forth herein. If you do not accept these terms, you are not authorized to use this website.
1. Definition
“MobileXP”
MobileXP Technology Co., Ltd.
"Affiliates"
MobileXP or the companies it invests directly or indirectly.
"MobileXP Products"
The products with “MobileXP” brand and produced/sold by MobileXP or its Affiliates.
"MobileXP Website"
The website hosted and ran by MobileXP.
"Services"
The functions, facilities, applications, information or other services provided through the MobileXP Website.
"Content"
Materials (such as text, data, information, software, graphics, or photographs) that MobileXP and its subsidiaries may make available through the MobileXP Website.
"You" or "User"
The person visiting MobileXP website, not necessarily a subscriber of MobileXP Website or Services.
"User submissions"
The feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials submitted to the MobileXP Website.
2. User Submissions
By submitting any user submission, you represent and warrant that:
you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to MobileXP the rights in your User Submissions described herein;
your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
your User Submission does not violate any Law (including, but not limited to, those governing export control,consumer protection, unfair competition, anti-discrimination, or false advertising);
your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
By submitting a User Submission, you grant to MobileXP an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that MobileXP deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service).
The personal information of user is covered under and protected by our Confidentiality Policy.Member Account, Password and Security
When you register to open an account anywhere on the MobileXP Website, or when you contact MobileXP through the MobileXP Website for the purpose of receiving products or services, MobileXP may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your MobileXP Website account, to update such information to keep it true, accurate, current, and complete).
You are entirely responsible for maintaining the confidentiality of your MobileXP Website account and password. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to notify MobileXP immediately of any unauthorized use of your account or any other breach of security related to the MobieXP Website. MobileXP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
MobileXP may terminate, suspend, or modify your registration with, or access to, all or part of the MobileXP Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the MobileXP Website at any time. If you breach any of these Terms, your authorization to use the MobileXP Website automatically terminates and you must immediately destroy any downloaded or printed Content (and any copies thereof).
Access to MobileXP Website granted under other separately executed agreements by MobileXP and you shall supersede the terms contained in this section.
3. Use of MobileXP Website
MobileXP authorizes you to use the MobileXP Website only for your own personal, non-commercial purposes. Use of the MobileXP Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited.
As a condition of your use of the MobileXP Website, you will not use the MobileXP Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree that when using the MobileXP Website, you will not:
Violate any applicable laws or regulations.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the MobileXP Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
If you make copies of any of the Content, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, alter, republish, redistribute, resend, sell, broadcast or derive another work from any Content from the MobileXP Website, if without our prior written permission.
As between you and MobileXP, MobileXP owns the MobileXP Website. The MobileXP Website is protected under Chinese and international copyright laws. Any unauthorized use of the MobileXP Website may violate copyright, trademark, and other laws.
4. Copyright
The MobileXP trademark, designation, logo, image, product name and type, Website name, domain name and the derivatives all belong to MobileXP or its Affiliates, and protected by Chinese and/or foreign copyright laws. No logo, graphic, sound, or image owned by MobileXP may be copied or retransmitted unless expressly permitted in writing by MobileXP.
You may download, view, copy, and print Content from MobileXP Website subject to the following: (a) the Content may be used solely for personal, informational, non-commercial purposes; and (b) the Content may not be modified or altered in any way. You many not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information, text, graphic or other types of Content from MobileXP Website in whole or in part without the express written authorization of MobileXP or other copyright owners.
5. Notice Specific to Software and Documents Available on this Website
Any software or document that is made available to download from this Website ("Document" and "Software") is the copyrighted work of MobileXP, its affiliates and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, MobileXP hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
6. Use of Cookies
MobileXP website uses "cookies" to enable you to sign in to our services and to help personalize your online experience. One of the primary purposes of cookies is to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to these sites.
Links to Third-party Websites
Links on MobileXP Website to third-party websites are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MobileXP of the third party, the third-party website, or the information contained therein. MobileXP is not responsible for the availability of any such web sites. MobileXP is not responsible or liable for any such website or the content thereon. If you use the links to third-party websites, you will be subject to the terms of use and privacy policy applicable to those web sites.
7. Limitation of Liability
The MobileXP Website, the Services and the Content are provided on an "As Is" and "As Available" basis. The entire risk as to the quality and performance of the MobileXP Website is with you. Should the Content or Services prove defective, you, and not MobileXP, assume the entire cost of all necessary servicing and repair. MobileXP expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the MobileXP Website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, MobileXP makes no warranty that the MobileXP Website will meet your requirements or that the MobileXP Website will be uninterrupted, timely, secure, or error free or that defects in the MobileXP Website will be corrected. MobileXP makes no warranty as to the results that may be obtained from the use of the MobileXP Website or as to the accuracy or reliability of any information obtained through the MobileXP Website.
In no event will MobileXP be liable for any indirect, special, consequential, punitive, or exemplary damages (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the MobileXP Website (including, without limitation, use, inability to use, or the results of use of the MobileXP Website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if MobileXP has been advised (or should have known) of the possibility of such damages.
Whilst we endeavor to ensure that the information on MobileXP Website is correct and updated, we do not warrant the accuracy and completeness of the Content on MobileXP Website. We may make changes to the Content on MobileXP Website, or to MobileXP Products and Services, at any time without notice. MobileXP reserves the right to modify, suspend, or discontinue the MobileXP Website at any time without notice to you.
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless MobileXP, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or the Content, or any violation by you of this Agreement. Modifications to these Terms
MobileXP may, in its sole and absolute discretion, change these Terms from time to time. MobileXP will post notice of such changes on the applicable Website. If you object to any such changes, your sole recourse shall be to cease using the MobileXP Websites. Continued use of the MobileXP Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9. Severability of Provisions
These terms and conditions only govern your use of MobileXP Website. Separate terms and conditions apply to MobileXP Products and Services. Notice
For modifications of Terms of Use or other important issues, MobileXP will use website notice, email or other forms of communication to inform users.
10. Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of The People's Republic of China. These Terms, together with any additional terms to which you agree when using particular elements of the MobileXP Website, constitute the entire and exclusive and final statement of the agreement between you and MobileXP with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and MobileXP with respect to such subject matter. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Chinese Courts.
11. Others
The titles and subtitles of Terms of Use are only for reference and don't constitute a full explanation of Terms of Use.
If you have any queries regarding MobileXP Website or the information contained on it, please contact us by email at info@mbpchina.com
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