TSS User Agreement
(Updated as of 26 October 2016)
1. Service Objects
TSS only provides services to the natural person, legal person or other organization legally binding contract in accordance with the relevant laws. If it does not meet this condition, TSS has the right to refuse any service to any service object. SERVICES are not offered to the TSS member whose membership is temporarily or permanently cancelled.
2. TSS only as location of information posts or transaction
TSS partial information is published by users on the site, and there may be risks and flaws. TSS website only provides locations for users looking for a transaction object, negotiating on goods and services, as well as accessing to various trade-related services. However, TSS does not control the quality of goods, legality of the transaction, authenticity or accuracy of the information. TSS also does not control the counter parties to fulfill their obligations according to the trade agreements. TSS cannot and does not control whether the parties of the transaction fulfill their agreement obligations. In addition, trading risks with foreign citizens, legal persons or person acting fraudulently are unavoidable. You should carefully determine and identify the authenticity, legitimacy and effectiveness of related products and information, and bear the resulting liability and loss.
3. Your Information and Traded Products
Your information includes all information you provide to TSS in registration, transaction or listing process, in any public forum or through any e-mail. You should take full responsibility for the information you provide, while TSS is only a platform where you can post and publish YOUR INFORMATION. You hereby warrant that you have all rights to information submitted to the TSS. You acknowledge that TSS has no duty to identify or determine which information you submit to the TSS should be protected, and TSS is not responsible for the circumstance that other member’s (who also has the right of SERVICES) is available for YOUR INFORMATION.
4. The Registration Obligations
4.1 If you register in the TSS site, you agree to:
(A) According to the requirement of TSS website membership information form, you should provide accurate and complete information of yourself or your company and other information that reflects the current situation;
(B) Maintain and promptly update your membership information so that it remains true, accurate, complete, and accord with the current situation. If you provide any untrue, inaccurate, incomplete information or not accord with the current situation, TSS has the right to suspend or terminate your registration status and information, and refuse your current or future use of any service provided by the TSS. If you represent a company or other legal entity to register in the TSS, you hereby warrant that, you are entitled to bind the company or other legal entity by this agreement.
4.2 Registration name, password, and security
Before you fill out the registration page, read and agree to this agreement and complete the whole registration procedure or use TSS services by other ways allowed by TSS, you shall become the member of the TSS (also known as member), and TSS confirm your identity according to login name and password. You shall be solely responsible for the confidentiality of your member name and password, and shall be responsible for all activities that occur under your member name and password.
4.3 Your Information
You agree that YOUR INFORMATION and any items you list on TSS website:
. A are not deceptive, forged and stolen;
. B do not infringe a third party’s right of real property, intellectual property such as trademarks, trade secrets, privacy, defamation or other rights;
. C do not violate any law, statute, ordinance or regulation (including but not limited to laws, regulations, ordinances or regulations on regulating the export management, trade quotas, consumer protection, unfair competition and false advertising);
. D do not involve defamation (including commercial defamation), intimidating or harassing content;
. E do not involve obscene, or contain any child pornography;
. F do not involve any virus profile, camouflage destruction program, computer worms, time bombs or other computer programs program that can deliberately destruct, maliciously interfere, surreptitiously intercept or expropriate any system, data;
. G are not directly or indirectly connected with the following goods or services, or involve the following descriptions of goods or services: (i) goods or services that this agreement prohibits; or (ii) goods and services that you have no right to get access to. (h) the use of SERVICES in spreading copy or redundant information such as chain letters, a large number of random e-mail, or spam e-mail; (i) the use of SERVICES to collect other users’ e-mail addresses or other information without consent; or (j) the use of SERVICES to make a false email address or attempt to mislead others in terms of the sender's identity or the source of information.
5. You fully understand and agree to grant TSS and its affiliates the following rights:
You grant TSS and its affiliates the exclusive, worldwide, perpetual, royalty-free license to use it, and grant TSS and its affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute, perform, display your INFORMATION or create derivative works of it. You also grant TSS and its affiliates the right to use YOUR INFORMATION in any form, media or technology that is now known or later developed, and grant the right to include YOUR INFORMATION into other works.
Protecting your privacy is a fundamental principle of TSS. For this purpose, TSS will use YOUR INFORMATION according to TSS privacy statement. All terms of TSS privacy statement belong to a part of this agreement. Please note that once you voluntarily disclose YOUR INFORMATION in TSS trading locations, other people can get access to and use that information.
7. Information dissemination and trading program
7.1 Adding product descriptions
Product descriptions are text pictures and / or photos that you publish on TSS website to illustrate your products. You must classify the product description according to the correct category. TSS is not responsible for the accuracy of the product description.
7.2 Trade negotiations
Each side of transaction negotiates with each other through clear descriptions of offer and counteroffer in the TSS site. If accept the offer or the counteroffer, TSS users have the obligation to complete the transaction. You are obliged to ensure the accuracy of your offered product descriptions and agreed deal terms.
7.3 Dealing with Transaction Dispute
(A) TSS does not involve the legal relationship and the legal disputes arising transactions between the users, and is not involved into transactions. If you have disputes through TSS website with one user or more than one user, or with a third party service provider, TSS is exempted different types of claims, demands and damages liability and other responsibility that are caused by, or related to the disputes.
(B) TSS is entitled to receive and mediate disputes between you and other users arising transactions, and to unilaterally and independently judge whether other users’ complaint or claim to you is valid. If TSS judges the claim valid, it will assist the victims to recover the loss. TSS is no obligation to use its funds to pay for compensation, but TSS reserves the right to continue assisting victimized users recover the loss.
(C) TSS is entitled to understand the situation you via e-mail or other ways, and to convey a known situation to a involved party. You have an obligation to work with the TSS; otherwise TSS is entitled to make a solution against you.
8. Trading System
8.1 You should not manipulate the transaction.
You agree not to use associates (a subsidiary of customers or third parties) who can help deceive or manipulate the results of commercial negotiations with others.
8.2 About commercial use
You agree that you shall not utilize any information for commercial use, including but not limited to, without the written approval of TSS authorized senior management, copying any data on TSS website displayed and using them for commercial purposes.
8.3 Transaction filing
You agree that if you public product information, find buyers, find sellers, seek service through TSS, or complete any form of transaction through TSS, you have an obligation to upload transaction information on TSS.
9. Consequences of violation of the rules
With the occurrence of any of the following circumstances, TSS can immediately issue a warning, temporarily suspend, permanently discontinue or terminate your membership, and delete any of your existing product information or other information you display on TSS website. (i) your breach of this agreement; (ii) TSS unable to verify or identify any information you provide to TSS; or (iii) TSS believes that your actions may make you, TSS users or other third party service providers have legal liability. On the premise that TSS is entitled to use other remedies, if you are found to engage in fraudulent activities related to TSS site, TSS might suspend or terminate your account.
10. Limitation of Liability
You expressly understand and agree TSS are not liable for any of the following conditions, including but not limited to loss of profits, goodwill, use, data or other intangible damages (regardless whether TSS has been advised the possibility of such damages in advance) :(i) the use or inability to use the SERVICES; (ii) fees arising purchasing or acquiring goods, samples, data, information or services the SERVICES, or fees arising receiving information or substituted goods through SERVICES; (iii) unauthorized access to or alteration of your information or data; (iv) any third party’s statements or acts on the SERVICES; or (v) other matters relating to SERVICES for any reason, including negligence.
11 You responsibility of abiding the law
You should comply with all relevant laws and regulations, rules and regulations relating to your use of SERVICES, your bid, purchase or sale of goods and provided business information.
12 No agency relationship
You and TSS have only independent contractor relationship. This agreement has no intention to form or create any agency, partnership, joint venture, employment or franchise relationship.
SERVICES or third parties may provide links to other web sites or resources. Since the TSS does not control these sites and resources, you acknowledge and agree TSS is not responsible for the availability of the off-sites or resources, and does not endorse any content, advertisement, products, services or other materials available these off-sites or resources. TSS has no liability for these off-sites and resources: you further acknowledge and agree that if contents, advertisement, products, services or other materials acquired such sites or resources cause (or claiming cause) any direct or indirect loss, TSS can not accept responsibility.
Unless be explicitly stated, any notice should be sent by e-mail. The email address is what you provided to the TSS in the registration process, or other address specified by the relevant parties. Twenty-four (24) hours after e-mail is sent, notice shall be deemed to have arrived, unless the sender is informed the relevant e-mail address is invalid.
15. Force Majeure
For reasons that TSS cannot reasonable control, including but not limited to, natural disasters, strikes or disturbances, material shortages or rationing, riots, acts of war, government actions, failure of communications or other facilities or serious casualties, resulting in TSS failing or delaying to perform, TSS does not assume any liability to you.
16. Other Provisions
This Agreement shall be governed by the laws of People's Republic of China. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be revoked. And the remaining provisions shall be enforced. Headings are only for convenience, and refer to and do not define, limit, construe or describe the scope or extent of the provision in any way. If TSS do not take action on any particular breach of your or others, it does not mean that TSS withdraw the right of taking subsequent action in any similar event.
Any lawsuit on disputes arising this Agreement or relating to TSS should be brought in Shenzhen People's Court, according to the law of People's Republic of China.
18. Acceptance of Agreement
When you enter the TSS site and use the TSS service means that you have fully read, understood and agree that you have entered into this agreement with TSS, and you will be subject to this Agreement. TSS may change the Agreement at its sole discretion. If the agreement changes, TSS will only post new provisions on the website, but not sent it to you. The agreement includes all text that TSS has issued or may issue in the future. All the rules of this Agreement are integral parts of this agreement and have the same legal effect with the full version.