Terms of Service
TERMS OF LICENSE AND USEThese terms of license and use (the "Terms") are between you and Alibaba.com Hong Kong Limited (with its affiliates, collectively "Alibaba.com" or "we") and govern your use of any of Alibaba.com's applications (together with any updates and enhancements to it, each an "Application") for mobile devices including Apple iPhone, iPad, Android, Microsoft Windows mobile device (each a "Device").
2. Modifications to the TermsAlibaba.com may change these Terms at any time and in its sole discretion. The modified Terms will be effective immediately upon posting within the Application or on a Site, and you agree to the new posted Terms by continuing your use of the Application. If you do not agree with the modified Terms, you shall discontinue using the Application.
3. Limited Use of ApplicationAlibaba.com grants you a personal, non-exclusive, non-transferable, non-sublicenseable, limited right to install and use the Application in object code form only on your Device. You may not sub-license, or charge others to use or access the Application without first obtaining written permission from Alibaba.com. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Application or incorporate it (or any portion of it) into another product. You may not copy the Application. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Application. You may not modify the Application or use it in any way not expressly authorized by these Terms. You may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Alibaba.com's introduction of various Applications may not be consistent across all Devices and that the performance and features offered by Alibaba.com may vary depending on the Device and mobile network that you use. You may access a Site only through the interfaces and protocols provided or authorized by Alibaba.com. You agree that you will not access the Application through unauthorized means, such as unlicensed software clients.
4. Content You May SubmitYou may be permitted to submit or post any content to Alibaba.com through the Application such as digital images, text, photographs, graphics, videos, sound, software ("Content"). You may only submit Content for which you hold all intellectual property rights or for which you have obtained the authorization from the person holding all the intellectual property rights. You may not submit or post any Content that is unlawful, obscene, discriminatory, defamatory, libelous, threatening or harassing, sexually explicit or harmful to minors or that violates these Terms or the Site Terms. By posting or submitting any Content through the Application, you represent and warrant that (i) you own all the rights to the Content or are authorized to use and distribute the Content through the Application; (ii) the Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation; (iii) the Content does not contain any virus or other computer code or programs that may interrupt, destroy or limit the operation of the Application, Sites and other network or equipment; (iv) the Content complies with applicable laws and regulations and the Site Terms.
You or the owner of the Content retains ownership of all right, title and interest in the Content that you submit or post through the Application. By submitting or posting Content through the Application, you grant Alibaba.com, its parent, affiliates, subsidiaries, assigns, agents and licensees the royalty-free, irrevocable, perpetual, worldwide, non-exclusive, transferable, sublicensable right and license to (i) reproduce, copy, store, display, publicly perform, distribute, or transmit any part or all of the Content in any medium known now or in the future, (ii) adapt, translate, modify and create any derivative works from any part or all of the Content in any manner and in any medium known now or in the future, (iii) sublicense the foregoing rights, in whole or in apart, to any third party, with or without a fee; all for any purposes as Alibaba.com considers appropriate.
5. Alibaba.com's Right to Remove ContentAlibaba.com is not liable for Content that is provided by others. Alibaba.com reserves the right to remove Content that, in its sole judgment, does not comply with these Terms or the Site Terms or applicable laws or regulations, but Alibaba.com is not responsible for any failure or delay in removing such material.
6. You May Use Application for Lawful Purposes OnlyWithout prejudice to the generality of the foregoing provisions, you may use the Application for lawful purposes only. When using the Application or conducting any activities through the use of the Application, you will not (1) violates or infringes in any way upon the rights of others, (2) engage in or encourage conduct that would constitute a criminal offense or gives rise to civil liability, (3) otherwise violates any law. You also may not undertake any conduct that, in Alibaba.com's judgment, restricts or inhibits any other user from using or enjoying the Application.
7. Changes to the ApplicationAlibaba.com has the right at any time to change, modify, upgrade, add to or suspend, discontinue or retire any aspect or feature of the Application or the Sites. Alibaba.com has no obligation to provide you with notice of any such changes and will not be liable to you should we exercise these rights.
8. Disclaimer of Warranty; Limitation of LiabilityDISCLAIMER OF WARRANTIES. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND THE SITES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, ALIBABA.COM DISCLAIMS IMPLIED WARRANTIES THAT THE APPLICATION OR THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ALIBABA.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR THE SITES WILL BE CORRECTED. ALIBABA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR THE SITES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ALIBABA.COM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION OR THE SITES AT TIMES OR LOCATIONS OF YOU CHOOSING, OR THAT ALIBABA.COM WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATION OR THE SITES AS A WHOLE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ALIBABA.COM (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APPLICATION AND THE SITES) IS TO DISCONTINUE YOUR USE OF THE APPLICATION. ALIBABA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE APPLICATION OR THE SITES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION OR SITES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ALIBABA.COM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN ANY EVENT YOUR AGGREGRATE LIABILITY SHALL NOT EXCEED HK$100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALIBABA.COM’S AGGREGATE LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EXLUSION OF LIABILITY FOR TRANSACTIONS. ALIBABA.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE APPLICATION OR THE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OR PURCHASER AS APPROPRIATE OF PRODUCTS OR SERVICES.
9. IndemnificationYou agree to defend, indemnify and hold harmless Alibaba.com and our directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Application. Alibaba.com reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. Support for ApplicationYou understand that your use of the Application is at your own risk and that Alibaba.com is under our sole discretion to provide you with any error corrections, updates, upgrades, bug fixes, enhancements and/or other maintenance or support of the Application. No third party will be responsible for providing maintenance or support services for the Application.
11. Third-Party ServicesWhen you use the Application or the Sites, you may also use services of one or more third parties. Your use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. Alibaba.com does not make any representation or warranty in whatever aspect on those third party services.
12. TerminationAlibaba.com has the right to terminate your right to use the Application any time for any reason and shall be under no obligation to provide you a warning prior to termination of your use of the Application or the Sites. You may terminate these Terms at any time by uninstalling or destroying all copies of the Application that are in your possession or control. In case of termination, you must cease all use and destroy all copies of the Application.
13. NoticesAll notices or demands to or upon Alibaba.com shall be effective if in writing and shall be duly made when sent to Alibaba.com in the following manner: to Alibaba.com Hong Kong Limited, Room 24F Jubilee Centre, 18 Fenwick Street, Wanchai, Hong Kong, Attn: Legal Department.
14. MiscellaneousA. The provisions of these Terms addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, and governing law shall survive the termination of these Terms.
B. These Terms and any Site Terms established by Alibaba.com constitute the entire agreement between Alibaba.com and you regarding the subject matter of these Terms, and supersede all previous written or oral agreements. The Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or your use of the Application resides in the courts located in the Hong Kong Special Administrative Region of the People's Republic of China, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.