The following describes the terms on which AbleSky offers you access to our services.
Introduction
Welcome to AbleSky. By using the services on the AbleSky websites (AbleSky.com and other related software where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with AbleSky Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international AbleSky companies: AiBeiShi in P. R. China.
Before you may become a member of AbleSky, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on Feb 6, 2009, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on July 9, 2008.
AbleSky Service
Using AbleSky
While using AbleSky, you will not:
Abusing AbleSky
AbleSky and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Payment service
Information we collect and how we use it
We offer a number of services that do not require you to register for an account or provide any personal information to us, such as AbleSky Search. In order to provide our full range of services, we may collect the following types of information:
AbleSky only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services.
You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.
AbleSky processes personal information on our servers in the United States of America, P.R. china and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.
Rights and responsibility for AbleSky and users
AbleSky rights and responsibility:
AbleSky user rights and responsibility:
Copyrights related knowledge products
AbleSky is not responsible for users posting copyrights material; user should not upload or post any copyright material not owned by this user. AbleSky reserve the rights to remove certain contents immediately. If repeating violation is found, AbleSky will suspend or terminate user account indefinitely. Following material are forbidden to post in AbleSky:
Copyrights protection
Service to change, suspend or terminate
Liability
You will not hold AbleSky responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites from anywhere, in venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the AbleSky Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the AbleSky Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Resolution of Disputes
If a dispute arises between you and AbleSky, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AbleSky agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Fee
AbleSky charges 10% of each transaction as commission.
一 总则
本服务协议双方为能力天空科技(北京)有限公司(下称“AbleSky”)与AbleSky用户,AbleSky用户仔细阅读后接受本服务协议内容并完成用户注册后,本服务协议对双方具有法律约束力。
如果您对已生效的变更事项不同意的,您应当于变更事项确定的生效之日起主动取消AbleSky为您提供的任何服务,变更事项对您不产生效力;如您在变更事项生效后未主动取消AbleSky为您提供的服务,则视为您同意已生效的变更事项。
二 服务内容
AbleSky立足于打造一个全球化的知识、服务产品的交易市场。能力天空科技为用户提供下列服务:
三 使用规则
用户在使用AbleSky所提供的各项服务时,必须遵守中华人民共和国相关法律法规的规定,用户应承诺将不会利用本服务进行任何违法或不正当的行为或活动,包括但不限于下列行为∶
本公司在发现异常交易或有违法行为时,有权不经通知先行暂停或终止该用户对本网络服务系统部分或全部功能的使用。
四 支付服务
1) 账户注册
2) 账户安全
五 注册信息及隐私保护
六 协议双方权利和义务
(一) AbleSky的权利和义务
(二) 用户权利和义务
七 禁止与限制发布知识产品
由于发布以下知识产品或服务所引起的法律责任由相关用户完全承担,与AbleSky无关。一旦AbleSky发现有任何违反本规则或违反法律、法规或公序良俗的服务信息,AbleSky有权立即您发布的信息予以删除或屏蔽,并保留给予相关用户警告、冻结直至终止其帐户的权利。用户在此应保证其发布的知识产品或服务系自己合法拥有的知识产权或获得了知识产权所有人授权,否则若有任何第三方以任何方式向AbleSky主张权利,AbleSky均有权以本协议作为证据进行抗辩并有权向第三方披露您的相关信息,同时AbleSky因此支出的一切费用和损失均由用户承担。请各位用户自觉遵守。
禁止发布的知识产品和服务:
八 知识产权的保护
九 服务变更、中断或终止
十 免责声明
十一 违约责任
十二 法律适用与争议解决
十三 技术服务费用
本公司将对每笔交易按照实际交易金额,向收款方收取一定的交易技术服务费用。
十四 本协议自2015年08月01日起实行,解释权归能力天空科技(北京)有限公司所有。