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IMPORTANT: ALL USERS MUST READ
THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS |
| By using this site (the "Site"),
you (the "End User") agree to the terms and
conditions that we ("atmcn.com") have provided.
If you do not wish to agree to the outlined terms and
conditions, please refrain from using our site.
atmcn.com reserves the right to make any changes to
our Terms of Use and/or our Privacy Policy as we deem
necessary or desirable without prior notification to
you. We suggest to you, therefore, that you re-read
this important notice containing our Terms of Use and
Privacy Policy from time to time in order that you stay
informed as to any such changes. If we make changes
to our Terms of Use and Privacy Policy and you continue
to use our Site, you are impliedly agreeing to the Terms
of Use and Privacy Policy expressed herein.
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| 1. Definitions. |
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| "atmcn.com" is the interactive
online service operated by atmcn.com, Inc. on the World
Wide Web of the Internet (the "Web"), consisting
of information services, content, and transaction capabilities
provided by atmcn.com, affiliates of atmcn.com and other
third parties. |
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| 2. General. |
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| This agreement ("Agreement")
sets forth the terms and conditions that apply to the
use of this Site by the End User. By using this Site (other
than to read this Agreement for the first time), End User
agrees to comply with all of the terms and conditions
hereof. The right to use this Site is personal to End-User
and is not transferable to any other person or entity.
End User shall be responsible for protecting the confidentiality
of End User's password(s), if any. End User acknowledges
that, although the Internet is generally a secure environment,
sometimes there are interruptions in service or events
that are beyond the control of atmcn.com, and atmcn.com
shall not be responsible for any data lost while transmitting
information on the Internet.
atmcn.com shall have the right at any time to change
or discontinue any aspect or feature of atmcn.com, including,
but not limited to, content, hours of availability and
equipment needed for access or use.
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| 3. Modified Terms. |
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| atmcn.com reserves the right at
all times to discontinue or modify any of our Terms of
Use and/or our Privacy Policy as we deem necessary or
desirable without prior notification to you. Such changes
may include, among other things, the adding of certain
fees or charges. We suggest to you, therefore, that you
re-read this important notice containing our Terms of
Use and Privacy Policy from time to time in order that
you stay informed as to any such changes. If we make changes
to our Terms of Use and Privacy Policy and you continue
to use our Site, you are impliedly agreeing to the Terms
of Use and Privacy Policy expressed herein. Any such deletions
or modifications shall be effective immediately upon atmcn.com's
posting thereof. Any use of atmcn.com by End User after
such notice shall be deemed to constitute acceptance by
End User of such modifications |
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| 4. Equipment. |
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| End User shall be responsible
for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and
use of this Site and all charges related thereto. atmcn.com
shall not be liable for any damages to the End User's
equipment resulting from the use of this Site. |
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| 5. End User Conduct. |
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This Site and any individual
restaurant microsites now or hereinafter contained within
or otherwise available through external hyperlinks with
our Web site (the "Microsites") is private property.
All interactions on this Site and/or the Microsites
must comply with these Terms of Use. Although we welcome
and encourage user interaction on our Site, we do insist
and require that all end users restrict any and all
activity in connection with the use of this Site and
the Microsites to that which involves lawful purposes
only. End User shall not post or transmit through this
Site any material which violates or infringes in any
way upon the rights of others, or any material which
is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise
to civil liability or otherwise violate any law, or
which, without atmcn.com's express prior approval, contains
advertising or any solicitation with respect to products
or services. Any conduct by an End User that in atmcn.com's
exclusive discretion restricts or inhibits any other
End User from using or enjoying this Site and/or any
of the Microsites is strictly prohibited. End User shall
not use this Site or any of the Microsites to advertise
or perform any commercial, religious, political or non-commercial
solicitation, including, but not limited to, the solicitation
of users of this Site and/or the Microsites to become
users of other on- or offline services directly or indirectly
competitive or potentially competitive with atmcn.com.
he foregoing provisions of this
Section 5 apply equally to and are for the benefit of
atmcn.com, its subsidiaries, affiliates and its third
party content providers and licensors, and each shall
have the right to assert and enforce such provisions
directly or on its own behalf. |
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| 6. Copyright and Trademarks. |
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Everything located on or in
this Site, including the Microsites, is the exclusive
property of atmcn.com, Inc. or used with express permission
of the copyright and/or trademark owner. ANY COPYING,
DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING,
OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES
WITHOUT THE EXPRESS WRITTEN PERMISSION OF atmcn.com,
INC. IS STRICTLY PROHIBITED. Any violation of this policy
may result in a copyright, trademark or other intellectual
property right infringement that may subject End User
to civil and / or criminal penalties.
This Site contains copyrighted
material, trademarks, and other proprietary information,
including, but not limited to, text, software, photos,
video, graphics, music, sound, and the entire contents
of atmcn.com protected by copyright as a collective
work under the United States copyright laws. atmcn.com
owns a copyright in the selection, coordination, arrangement,
and enhancement of such content, as well as in the content
original to it. End User may not modify, publish, transmit,
participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in
whole or in part. End User may download / print / save
copyrighted material for End User's personal use only.
Except as otherwise expressly stated under copyright
law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material without
the express permission of atmcn.com and the copyright
owner is permitted. If copying, redistribution or publication
of copyrighted material is permitted, no changes in
or deletion of author attribution, trademark legend
or copyright notice shall be made. End User acknowledges
that he/she/it does not acquire any ownership rights
by downloading copyrighted material. Trademarks that
are located within or on the Site or a Web site otherwise
owned or operated in conjunction with atmcn.com shall
not be deemed to be in the public domain but rather
the exclusive property of atmcn.com, unless such site
is under license from the Trademark owner thereof in
which case isuch license is for the exclusive benefit
and use of atmcn.com, unless otherwise stated.
End User shall not upload, post
or otherwise make available on this Site any material
protected by copyright, trademark or other proprietary
right without the express permission of the owner of
the copyright, trademark or other proprietary right.
atmcn.com does not have any express burden or responsibility
to provide End User with indications, markings or anything
else that may aid End User in determining whether the
material in question is copyrighted or trademarked.
End User shall be solely liable for any damage resulting
from any infringement of copyrights, trademarks, proprietary
rights, or any other harm resulting from such a submission.
By submitting material to any public area of this Site,
End User warrants that the owner of such material has
expressly granted atmcn.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media
or technology now known or hereafter developed for the
full term of any copyright that may exist in such material.
End User also permits any other end user to access,
view, store, or reproduce the material for that end
user's personal use. End User hereby grants atmcn.com
the right to edit, copy, publish, and distribute any
material made available on this Site by End User.
The foregoing provisions of Section
6 apply equally to and are for the benefit of atmcn.com,
its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right
to assert and enforce such provisions directly or on
its own behalf.
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| 7. Disclaimer of Warranty; Limitation of Liability.
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| END USER EXPRESSLY AGREES THAT
USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE
RISK. NEITHER atmcn.com, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT atmcn.com WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE,
OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE OR
THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES
THAT atmcn.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH END USER.
IN NO EVENT SHALL atmcn.com, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS
SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES
AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER atmcn.com,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY
OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES.
atmcn.com IS NOT RESPONSIBLE FOR ANY CONTENT THAT A
USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON
ITS THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT
THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED
UNSUITABLE CAN AND MAY BE TAKEN DOWN BY atmcn.com. MOREOVER,
atmcn.com RESERVES THE RIGHT TO EDIT, CHANGE, ALTER,
DELETE, PROHIBIT ANY AND ALL CONTENT THAT IT, atmcn.com,
DEEMS UNSUITABLE.
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| 8. Monitoring. |
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| atmcn.com shall have the right,
but not the obligation, to monitor the content of the
Site at all times, including any chat rooms and forums
that may hereinafter be included as part of the Site,
to determine compliance with this Agreement and any operating
rules established by atmcn.com, as well as to satisfy
any applicable law, regulation or authorized government
request. Without limiting the foregoing, atmcn.com shall
have the right to remove any material that atmcn.com,
in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable. |
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| 9. Privacy |
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| End User acknowledges that all
discussion for ratings, comments, bulletin board service,
chat rooms, and/or other message or communication facilities
(collectively "Communities") are public and
not private communications, and that, therefore, others
may read End User's communications without End User's
knowledge. atmcn.com does not control or endorse the content,
messages or information found in any community, and, therefore,
atmcn.com specifically disclaims any liability concerning
the communities and any actions resulting from End Users
participation in any community, including any objectionable
content. Generally, any communication which End User posts
to atmcn.com (whether in chat rooms, discussion groups,
message boards or otherwise) is considered to be non-confidential.
If particular web pages permit the submission of communications
that will be treated by atmcn.com as confidential, that
fact will be stated on those pages. By posting comments,
messages or other information on the Site, End User grants
atmcn.com the right to use such comments, messages or
information for promotions, advertising, market research
or any other lawful purpose. For more information see
atmcn.com's Privacy Policy. |
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| 10.License Grant. |
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| By posting communications on or
through this Site, End User shall be deemed to have granted
to atmcn.com a royalty-free, perpetual, irrevocable, non-exclusive
license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone
or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicensees. |
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| 11. Indemnification. |
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| End User agrees to defend, indemnify
and hold harmless atmcn.com, its affiliates and their
respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys'
fees, arising out of the use of this Site and/or the Microsites
by End User. |
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| 12. Termination. |
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| Either atmcn.com or End User may
terminate this Agreement at any time. Without limiting
the foregoing, atmcn.com shall have the right to immediately
terminate any passwords or accounts of End User in the
event of any conduct by End User which atmcn.com, in its
sole discretion, considers to be unacceptable, or in the
event of any breach by End User of this Agreement. The
provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive
termination of this Agreement. |
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| 13. Trademarks. |
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| atmcn.com is a trademark of atmcn.com,
Inc. All rights in respect of this trademark are hereby
expressly reserved. Unless otherwise indicated, all other
trademarks appearing on atmcn.com are the property of
their respective owners. |
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| 14. Third Party Content. |
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| atmcn.com, similar to an Internet
Service Provider, is a distributor (and not a publisher)
of content supplied by third parties and End Users. Accordingly,
atmcn.com has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other
information or content expressed or made available by
third parties, including information providers, or any
other end users are those of the respective author(s)
or distributors) and not of atmcn.com. Neither atmcn.com
nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the complete provisions
governing limitation of liabilities and disclaimers of
warranty.)
In many instances, the content available through this
Site represents the opinions and judgments of the respective
information provider, end user, or other user not under
contract with atmcn.com. atmcn.com neither endorses
or is responsible for the accuracy or reliability of
any opinion, advice, or statement made on atmcn.com
by anyone other than authorized atmcn.com employee spokespersons
while acting in official capacities. Under no circumstances
will atmcn.com be liable for any loss or damage caused
by an end user's reliance on information obtained through
atmcn.com. It is the responsibility of End User to evaluate
the accuracy, completeness, or usefulness of any information,
opinion, advice, etc., or other content available through
atmcn.com.
atmcn.com contains links to third party Web sites maintained
by other content providers. These links are provided
solely as a convenience to you and not as an endorsement
by atmcn.com of the contents on such third-party sites
and atmcn.com hereby expressly disclaims any representations
regarding the content or accuracy of materials on such
third-party Web sites. If End User decides to access
linked third-party Web sites, End User does so at its
own risk.
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| 15. All term of this section is based on Chinese
Version, and atmcn.com hold the explanation rights. |
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