THE FOLLOWING DESCRIBES THE TERMS ON WHICH Rentome.com OFFERS YOU ACCESS TO OUR SERVICES.
Introduction
Welcome to Rentome.com's (hereinafter referred as the Site") User Agreement. This Agreement describes the terms and conditions that govern your use of our services at www.rentome.com? (including Web and Wireless, collectively the "Site"). At present some of our user features are not available for wireless connection and therefore you cannot get wireless access to those features for the time being. We suggest that when your have used some features by wireless connection, you confirm your use on the Web.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Rentome.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and Web sites referred to in this document, as they may contain further terms and conditions which apply to you as an Rentome.com member.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site.. Except as stated below, all amended terms shall automatically be effective once they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of Rentome.com. This Agreement is effective upon acceptance for new users.
1. Membership Eligibility
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Rentome.com members. If you do not qualify, please do not use our services. Further, your Rentome.com account and User ID may not be transferred or sold to another party. Rentome.com reserves the right, in its discretion, to suspend or terminate your account.
2. Fees and Services
2.1 Fees
At present we charge fees for the photo and video service, for listing of serviced apartment by developers or managers. For rate list, Please refer to the relevant pages on Site or contact us. By using the above-mentioned services you accept and are willing to pay for the services at the set rate. While currently we do not charge fees for listings by individual clients, we reserve the right to charge fees after posting a notice on the Site in the future. Developers and managers of serviced apartments are not eligible to post listings as individual clients to circumvent the applicable charge.
2.2 Services
Shanghai Core Building Property Consulting Co., Ltd provides all the off-line services for the Site. The right and liability of the user and of Shanghai Core Building Property Consulting Co., Ltd are prescribed in the agreement signed offline between the two parties.
3. Release.
You understand and accept that Rentome.com cannot authenticate the declared identity of every user because it is extremely difficult to do so throughout Internet. In the event that you have a dispute with one or more users, you release Rentome.com (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. Listing Properties
4.1 Listing Description.
You must be legally able to sell or rent the property you list for sale or rent on our Site. You must give a truthful description about the property you list and about the terms and conditions for sale or rent. You can only post on the Site the text, images, photos and other permitted materials relevant to the selling and rent of the property.
4.2 Fraud.
Without limiting any other remedies available to Rentome.com at law, in equity or under this Agreement, Rentome.com may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or other investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.
5. Your Information
5.1 Definition.
"Your Information" is defined as any information you provide to us or other users in the registration, listing or searching process, in any public message area or through any email or text message feature. Your Information includes the descriptions of the property you list on our Site as well as any content you post on other Web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restrictions.
Your Information (including but not limited to any properties listed) must not:
5.3 License.
Solely to enable Rentome.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Rentome.com will only use Your Information in accordance with our Private Policy.
6. Access and Interference
7. Breach
Without limiting other remedies available to Rentome.com at law, in equity or under this Agreement, we may, in our sole discretion, limit the scope of your activities, immediately delete your listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
a. you breach this Agreement or the terms and policies those documents incorporate by reference;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause legal liability for you, our users or us.
8. Privacy
Rentome.com has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of Rentome.com.
9. No Warranty
We and our suppliers provide our web site and services on an "as is" basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
10. Liability Limit
10.1
In no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Rentome.com and all affiliates and related entities of Rentome.com have no responsibility for the legality of our members' actions.
10.2
Although prescribed as above, if the above-mentioned release or limit is prohibited by law, no content of this agreement is placed, under applicable laws, for the purpose of limiting any liabilities of Rentome.com and all affiliates and related entities of Rentome.com or holding them free from any liabilities.?
11. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
12. Legal Compliance
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, searching and use of property information. You must ensure that your listings and personal information comply with applicable Chinese laws. You must abide by specific procedures(e.g.? necessary written documents must be produced for property trading). Otherwise your transaction may be considered null and void or unlawful. You alone, and not rentome.com, are responsible for confirming that your activities are lawful. You must ensure that you comply with all applicable laws. You must also ensure that you comply with all clauses of this user agreement and the privacy policy, and all other terms and policies incorporated by reference in those documents.
13. No Agency
You and Rentome.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by registered post (or if posted to or from a place outside China, by registered airmail) to Shanghai Core Building Property Consulting Co., Ltd, Suite 3386, Tower B, 100 Zunyi Road, Shanghai, 200125, China (in the case of Rentome.com) or by facsimile transmission to 86-21-62370647 (in the case of Rentome.com) or to the email address you provide to Rentome.com during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Rentome.com during the registration process, or as updated by you as relevant.
Any notice shall be deemed given
(a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid;
(b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside China, and;
(c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission).
For purposes of this section, "Business Day" means a day other than a Saturday, Sunday or public holiday in China.
15. General
This Agreement shall be governed in all respects by the laws of P.R.China. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Shanghai, P.R.China. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Rentome.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees), 3 (Release), 5.3 (License), 6 (Access and Interference), 10 (Liability Limit), 11(Indemnity) shall survive any termination or expiration of this Agreement.
16. Disclosures
