IMPORTANT - This is a legal contract between you ("You") and Alibaba Group S.p.A. and its subsidiaries and affiliates (collectively,"We" or "Us"), as owners of the AlibabaExpress.com site (the "Site"). Alibaba Group is a company incorporated under International law, with registered office at Hangzhou Binjiang Campus, Binjiang District
1- LICENSING - AlibabaExpress hereby grants you a personal, revocable, limited, non-exclusive and non-transferable license to use the Website solely for your personal use, which does not include actions relating to any commercial, business or professional activity, provided you comply with these terms and conditions (TCU). Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative works of, copy, distribute, dismantle, transmit, post, publish, remove or alter any proprietary notice or label, license, sublicense, assign, sell, represent, formulate, exploit, rent or lease, private label, grant a warranty with respect to, or otherwise use the Site in any manner not expressly granted herein.
2 - REPRESENTATIONS BY YOU - By accessing or using the Site, you represent that you are at least eighteen (18) years of age. If you are under eighteen (18) years of age, please consult a parent or guardian with respect to these TCUs as underage persons are authorized to use the Site only if a parent or guardian accepts these TCUs on their behalf. In addition, you agree to comply with all applicable laws and regulations governing your use of the Site.
3 - PROPERTY RIGHTS RESERVED - These TCUs provide only a limited license to access and use the Site. Therefore, you expressly acknowledge and agree that AlibabaExpress does not assign ownership or any right or title to the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, drawings and models, computer code (including html code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, aesthetic and functional appearance and arrangement of any content presented on or available through the Website, unless otherwise indicated, are owned, controlled and licensed by Alibaba(s) and all other names, logos and icons identifying products and services are proprietary trademarks of Alibaba and any use of such trademarks, including, without limitation, as domain names, account identifiers or search terms, without express written permission is strictly prohibited. Other product names and company names or logos mentioned or displayed on or through the Site may be trademarks and/or service marks of their respective owners.
4 - CONTENT PROVIDED BY YOU - We may from time to time make available on this Site electronic bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, content posting sections or similar communication facilities. In such cases, we look forward to receiving your comments on our Site. However, any note, message, billboard posting, idea, suggestion or other material you provide to Alibaba ("User Published Content") must not harass, defame, slander, including in print, discredit, threaten or otherwise violate any third party rights and must not include any profanity, obscene, indecent, pornographic, defamatory, illegal or otherwise objectionable material, all as determined by us. In addition, Content posted by you must not infringe the intellectual property rights, privacy rights, rights of publicity or other proprietary rights of any person or entity. By providing any and all User Published Content, you grant Alibaba a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, modify, alter, publicly display, publicly perform, post, submit, transmit, distribute or otherwise use User Published Content, so Alibaba is and shall be entitled to use such User Published Content for any purpose whatsoever, including promotional and advertising purposes, perpetually, in any and all media currently known or intended to be used in the future, without compensation. You expressly waive any and all rights, grounds and actions relating to the inspection and approval of the finished product that may be produced and used in connection with Your Content (User Published Content). By providing us with any User Published Content, you represent and warrant that you have the necessary right, title and license to such Content and that the provision of such material on the Website does not and will not violate the rights of any third party, including but not limited to intellectual property rights or rights to privacy.
5 - LIMITATIONS - You agree not to modify, distribute, disclose or create any work based in whole or in part on the Site. You may not (nor will you allow third parties to) sub-license, lease, sell, distribute, circulate, supply, transform, decode, decompose, dismantle, reverse-engineer, create derivative works of, modify or translate the Site, or in any case reproduce, copy, use or supply the Site, or any part thereof, in any way other than as expressly permitted herein or permitted by mandatory law. You acknowledge and agree that the acquisition of any content or data through the use of the Site is your sole responsibility and that you are solely responsible for any damage to the system or loss of data caused, even indirectly, by the use of the service.
7 - AVAILABILITY AND CONTINUITY OF SERVICE - You acknowledge and agree that we reserve the right, in its sole discretion, to (i) suspend or delete the Site, and/or (ii) disable access to the Site- temporarily or permanently.
8 - LINKS TO OTHER SITES - The Site may facilitate access to other sites or social media networks online or pages for your convenience. Such sites, networks or pages have not necessarily been verified by Us and are maintained by third parties over which We has no control. Therefore, We expressly disclaims any responsibility for the content, material, accuracy of information, and/or quality of products or services provided by, available through or advertised on such third party sites. Furthermore, these links do not imply any endorsement by third parties or any website or products or services provided by third parties.
9 - HANDLE - By using this application, you agree to defend and hold harmless and indemnify Alibaba and its parent company and affiliates, and its directors, employees and agents, against any loss, damage, liability, cost, expense (including attorneys' fees) asserted by third parties and arising out of: (i) your use of and access to the Site; (ii) any Content posted by you; (iii) your violation of any of these TCUs; and (iii) your violation of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity will survive the duration of your use of the Site.
10 - IMPLEMENTATION - You acknowledge that any threatened or actual violation of these TCUs causes irreparable harm to Us, which is not quantifiable in monetary terms, for which We would not have an adequate remedy under the law. You therefore agree that We shall be entitled, in addition to other available remedies, to seek an injunction or other appropriate order from a competent court of law prohibiting any threatened or actual violation of your obligations under any provision of these TCUs.
11 - DURATION AND TERMINATION - These TCUs will be terminated immediately and automatically, upon our notice, if you fail to comply with Sections 1, 4, 5 and 10 above. You may also terminate these TCUs at any time by ceasing to use the Site. Sections 3, 4, 7, 8, 9, 10, 11, 13, 15 and this sentence of this Section 11 will survive termination of these TCUs for any reason.
12 - WAIVER AND SALVATION CLAUSE - Failure to strictly adhere to any of the terms and conditions of these TCUs will not be construed as a waiver of any subsequent or further breach. If any part of these TCUs is held invalid or unenforceable pursuant to applicable law or a court order, including but not limited to the warranty disclaimers and limitations of liability set forth above, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that is fully consistent with the intent of the original provision and the remaining provisions of these TCUs will nevertheless remain in effect.
13 - APPLICABLE LAW - This Agreement and all rights and obligations of the parties will be governed by and construed in accordance with Italian law to the exclusion of conflict of laws provisions and without prejudice to your rights under any other applicable law that cannot be otherwise excluded.
14 - TITLES - The titles are present for convenience only.