Last Revised: August 25, 2009
Welcome to ExpoBee Portal at www.expobee.com ("ExpoBee Portal") operated by ExpoBee Inc. ("ExpoBee").
1. Acceptance of the Terms of Use
The following terms of use govern your use of ExpoBee Portal. BY ENTERING AND USING THE EXPOBEE PORTAL, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, INCLUDING THE TERMS AVAILABLE BY HYPERLINK IN THE PRIVACY POLICY (COLLECTIVELY, THE "TERMS"), YOU AGREE TO BE BOUND BY THE TERMS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF EXPOBEE PORTAL. If you do not agree to these Terms, please do not use ExpoBee Portal.
2. We may change these Terms, including access to ExpoBee Portal
Access to ExpoBee Portal may not be available at all times or in all areas. ExpoBee may permit you to enter ExpoBee Portal, or deny entry to you, at any time and upon its sole discretion. EXPOBEE RESERVES THE RIGHT TO MODIFY, DISCONTINUE, TEMPORARILY OR PERMANENTLY, EXPOBEE PORTAL (OR ANY PART THEREOF), AND ADD OR MODIFY ANY FEES REQUIRED FOR THE USE OF EXPOBEE PORTAL, WITHOUT NOTICE, AT ANY TIME. You agree that ExpoBee shall not be liable to you or to any third party for any modification, suspension, or discontinuance of ExpoBee Portal. The Terms may be revised and updated from time to time without a notice to you. You can review the most current version of the Terms at any time at this portal. All new features made available through ExpoBee Portal that were not made available as of the "Last Revised" date above, shall automatically become subject to these Terms. YOUR CONTINUED USE OF EXPOBEE PORTAL AFTER ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF SUCH CHANGES.
3. What is ExpoBee Portal? Key-points Information
Suppliers and Buyers:
The ExpoBee Portal is one stop shop for buyers of goods and services ("Buyers") and manufacturer and supplier of such goods and services ("Suppliers") to manage all their exhibition related affairs in one convenient place.
Suppliers: Upon registration to the ExpoBee Portal and the creation of an Account (as defined below) Suppliers can create online showroom and e-catalogs presenting their products and products' specifications, upload pictures regarding their products or manufacturing process, update their profile, describe their manufacturing facilities, register for shows, view their entire activity history, follow up on leads and enjoy multilingual communication with potential Buyers.
Buyers: Buyers can search for interesting products, Suppliers and fairs, connect with Supplier they have never met in a friendly multilingual environment, pinpoint specific Suppliers to request a meeting, access comprehensive information about such Suppliers and even take a virtual tour in Supplier's factory. Upon registration to the ExpoBee Portal and the creation of an Account (as defined below) Buyers can manage their account, create e-catalog of products they are interested in, and compare between different products selected by them.
Fees:
Buyer can use ExpoBee Portal free of charge. ExpoBee reserves the right to charge a fee for the use of ExpoBee Portal by Buyers. Suppliers would be subject to annual fee payments. ExpoBee reserves the right to modify the fees it charges at any time without a notice to you.
Support:
ExpoBee may provide Supplier with online or phone support regarding the use of the ExpoBee Portal and the ability to upload company's and product's information onto the ExpoBee Portal. If you require such help please contact: support@ExpoBee.com.
The content you upload to ExpoBee Portal
You can post, transfer or upload to ExpoBee Portal various content including images and information in your online Showroom and (collectively, "User Content"). You are solely responsible for any and all of User Content posted, transferred or uploaded by you or under your Account. ExpoBee has the right, but no obligation, to remove upon its sole discretion any User Content for any reason, including if ExpoBee suspects or believes that the User Content is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party's rights, including Intellectual Property (as defined below) rights. In order to facilitate the friendly multilingual environment in ExpoBee Portal ExpoBee may, upon its sole discretion, translate any of the content in ExpoBee Portal, including your User Content, to any language. ExpoBee shall not be responsible or liable for any translation, including, without limitation, any mistake which might fall in any such translation. For the avoidance of doubt, in case of any contradiction between the translated versions of any content in ExpoBee Content, including the User Content, the English version such content shall prevail.
Without derogating from your rights, title and interests in and to your User Content, by submitting, posting or uploading your User Content to ExpoBee Portal, you hereby grant ExpoBee a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, and perform your User Content only in connection with ExpoBee Portal or ExpoBee™ System (if applicable), in any media formats and through any media channels. This shall terminate within a commercially reasonable time after you remove or delete your User Content from ExpoBee Portal. You understand and agree, however, that ExpoBee may retain, but not use, display, distribute, or perform, server copies of your User Content that have been removed or deleted. You further agree not to take any action against ExpoBee in relation to your User Content, and to indemnify ExpoBee if any third-party takes action against ExpoBee in relation to your User Content.
Venue:
It is important to note that EXPOBEE PORTAL MERELY ACTS AS A VENUE AND IS NOT DIRECTLY OR INDIRECTLY INVOLVED IN ANY TRANSACTION OR COMMUNICATION BETWEEN SUPPLIERS AND BUYERS.
Caution is Recommended:
There are several risks involved in dealing with underage persons, people acting under false pretense, international trade and foreign nationals. ExpoBee shall have the right, but no obligation, to monitor the communication between Suppliers and Buyers in order to detect any abuse of the ExpoBee Portal. Therefore, please use caution, common sense, and practice safe trading when using ExpoBee Portal. By accepting this Terms using ExpoBee Portal you agree to accept such risks.
4. ExpoBee Portal and ExpoBee™ System
By using the ExpoBee™ System with the ExpoBee Portal, Suppliers and Buyers can enjoy the benefits of using one of a kind interactive exhibition service that maximize the business potential for Buyers and Suppliers at trade shows, and enhances event organizers' operation and gains by upgrading all former manual processes to a highly efficient digital, synchronized and multilingual environment. For more information about our ExpoBee™ System and the efficient and satisfying linkage between ExpoBee™ System and ExpoBee Portal please visit our website at: http://www.expobee.com
5. Registration to ExpoBee Portal
Registration:
In order to fully use ExpoBee Portal and enjoy all its features you must register to one of the relevant categorizes in ExpoBee Portal, either as a Supplier or as a Buyer, and obtain username and password (an "Account"). You must provide accurate and complete information during the creation of an Account, such as accurate contact details, including e-mail address. ExpoBee has no responsibility, cannot and does not confirm each Supplier's or Buyer's purported identity. Notwithstanding, ExpoBee shall have the right, but no obligation, to use different techniques to verify the accuracy of the information provided during the creation of an Account. EXPOBEE SHALL HAVE THE RIGHT, UPON ITS SOLE DISCRETION, TO REJECT ANY REGISTRATION REQUEST OR TO SUSPEND OR TERMINATE AN ACCOUNT.
Account Confidentiality and unauthorized use:
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT'S USERNAME AND PASSWORD AND FOR ALL ACTIVITIES OCCUR UNDER YOUR ACCOUNT. You must notify ExpoBee immediately of any unauthorized use of your Account or any other breach of your Account's security. ExpoBee will not be liable for any loss or damage arising from any unauthorized use of your Account or any other breach of security. You are solely liable for the losses of ExpoBee or others due to any such use.
Account Termination:
ExpoBee may suspend and/or eliminate an Account due to absence of any activities or use of the Account, including absence of any login to an Account, which shall last more than 3 (three) months. Following such suspension or elimination of an Account, ExpoBee has no obligation to keep the details, content, username, or any other information included in the Account. If you would like to close your Account and discontinue using ExpoBee Portal you may contact ExpoBee's support services at support@ExpoBee.com.
6. What can you not do with ExpoBee Portal?
You may not (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of ExpoBee Portal in any way; (ii) create a browser or border environment around ExpoBee Portal (no frames or inline linking is allowed); (iii) interfere with or disrupt the operation of ExpoBee Portal, or the servers or networks that host ExpoBee Portal or make ExpoBee Portal available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers, or networks; (iv) interfere with or violate any other users' right to privacy or other rights, or harvest or collect personally identifiable information about other users without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, or include such unlawful, hateful, obscene, indecent, or otherwise illegal content in your User Content; (vi) impersonate any person or entity, including, but not limited to, any ExpoBee's agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that ExpoBee endorses you, your business or any statement you make, or present false information about ExpoBee Portal or ExpoBee System; (vii) transmit or otherwise make available in connection with ExpoBee Portal any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) provide false, inaccurate or misleading information during the creation of your Account or in any of your User Content; (ix) post, transfer or upload on or through ExpoBee Portal any content which infringes any third-party intellectual property rights, or contains any unlawful material including illegal pornography of any kind; (x) violate, or post User Content or present or offer for sale Products which violate any law, statute, ordinance or regulation, including, but not limited to, those governing import / export control, consumer protection, unfair competition, anti-discrimination or false advertising; or (xi) use ExpoBee Portal or ExpoBee™ System (if applicable) for any illegal or unauthorized purpose. YOUR FAILURE TO COMPLY WITH THE PROVISIONS SET FORTH HEREIN MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT AND MAY EXPOSE YOU TO CIVIL AND/OR CRIMINAL LIABILITY.
7. Your Representations
As a condition for your use of ExpoBee Portal, you hereby represent and warrant that (i) you possess the legal authority to enter into this Terms and to form a binding agreement under any applicable law, to use ExpoBee Portal and ExpoBee™ System (if applicable) in accordance with this Terms, and to fully perform your obligations hereunder; (ii) that you are financially responsible for all of your activity and use of ExpoBee Portal and ExpoBee™ System (if applicable); (iii) you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by anyone other than you; (iv) the execution of this Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and (v) you are the sole responsible for any and all of your User Content.
8. Intellectual Property Rights
ExpoBee Portal and ExpoBee System, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, excluding User Content, and the trademarks, service marks and logos contained therein (collectively "Intellectual Property"), are solely owned by or licensed to ExpoBee. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the prior express written permission of ExpoBee.
9. Your Right to Privacy
ExpoBee respects your privacy and is committed to protecting the personal information that you share with it. ExpoBee believes you have the right to know its practices regarding the information it may collect when you use ExpoBee Portal or ExpoBee™ System (if applicable). ExpoBee policy and practices and the type of information collected, are described in the Privacy Policy.
10. Links to Third Party Sites:
Certain links provided herein permit you to leave ExpoBee Portal and enter third party's World Wide Web sites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of ExpoBee and ExpoBee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. ExpoBee reserves the right to terminate any link at any time. You further acknowledge and agree that ExpoBee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
11. Disclaimer of Liability
EXPOBEE PORTAL AND EXPOBEE™ SYSTEM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXPOBEE DOES NOT WARRANT THAT EXPOBEE PORTAL OR EXPOBEE™ SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES EXPOBEE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EXPOBEE PORTAL OR EXPOBEE™ SYSTEM, OR ENDORSE, RECOMMEND OR MAKE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, INCLUDING THE USER CONTENT, AVAILABLE ON OR THROUGH EXPOBEE PORTAL, EXPOBEE™ SYSTEM OR SITED LINES. EXPOBEE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRANSLATION OF THE CONTENT IN EXPOBEE PORTAL, INCLUDING WITHOUT LIMITATION, ANY MISTAKE WHICH MIGHT FALL IN ANY SUCH TRANSLATION. For the avoidance of doubt, in case of any contradiction between the translated versions of any content in ExpoBee Portal, including the User Content, the English version such content shall prevail. THE USE OF EXPOBEE PORTAL AND EXPOBEE™ SYSTEM (IF APPLICABLE) IS ENTIRELY AT YOUR OWN RISK.
You hereby release and will not hold ExpoBee responsible for any actions or inactions of others, including third party's, Supplier's or Buyer's actions or inactions. You acknowledge that ExpoBee Portal is merely a venue to allow Suppliers and Buyers to communicate anytime anywhere and is not a party, in any way, to any transaction between Supplier and Buyer. ExpoBee has no liability for, or control over and does not guarantee the quality, safety or legality of the User Content or any of the products listed, presented or advertised on ExpoBee Portal. Accordingly, to the extent legally permitted, ExpoBee excludes all implied warranties and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising out of your use of ExpoBee Portal or ExpoBee System. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if ExpoBee is found to be liable under any applicable law despite the explicit disclaimer under this Terms, ExpoBee's liability to you or to any third-party shall not exceed the aggregate amount of $100 (one hundred U.S. Dollars) only, whether in contract, tort (including negligence of breach of statutory duty) or otherwise, or for any loss, damage or liability whatsoever.
12. Indemnification
You agree to defend, indemnify and hold harmless ExpoBee, and its officers, directors, employees, agents, members and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your breach of any of the representations and warranties under this Terms; (ii) your use of ExpoBee Portal or ExpoBee System; (iii) your User Content; (iv) your breach of any of the terms under this Terms; (v) your violation of any third-party right, including without limitation any Intellectual Property right, property right, or privacy right.
13. General
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to ExpoBee Portal or ExpoBee™ System or use of ExpoBee Portal or ExpoBee™ System will be governed by and interpreted in accordance with the laws of Delaware USA, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of ExpoBee Portal or ExpoBee™ System will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Delaware, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms are the entire terms and conditions between you and ExpoBee relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ExpoBee. Without limitation, you agree that 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.
14. Copyright Agent
ExpoBee respects the Intellectual Property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to ExpoBee's Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit ExpoBee to locate the material; (iv) Information so that ExpoBee can contact you, such as address, telephone number and e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. ExpoBee's Copyright Agent can be reached as follows: Ms. Seven Li - sevenl@ExpoBee.com.