By using the services presented on www.baidu.eu, you ("You" or the "User") consent to be bound by the following Terms and Conditions, which constitute, together with any transactions you accept by means of electronic communications, the sole and full understanding between Baidu Europe B.V. ("Baidu"), a company incorporated under the laws of the Dutchy of the Netherlands.
SERVICES. Baidu offers brokerage service for the entirety of exclusive rights to control an electronic address resolution system governed by the rules of ICANN, commonly referred to as "Domain Name" (or "Domain Names"), or comparable authorities governing variants known as "Top Level Domains".
BROKERAGE. By placing an order, you agree to pay the agreed purchase price in exchange for the right to acquire the rights to such Domain Name by virtue of the records of the registrar ("Registrar") updating the records relating to the authority over the Domain Name with the information supplied by you. Baidu does not warrant or represent that such update will effectively allow you to acquire a legal position comparable to a registered owner of said rights, and Baidu's obligation shall be considered discharged once the database of the registrar reflects the information you provided.
CONFIDENTIALITY. Baidu respects confidentiality, and as such it is our policy that buyers and sellers who order Baidu's Brokerage Service remain anonymous throughout the process of negotiation unless Baidu is otherwise instructed. Baidu records and publishes the sale price and domain name(s) only. Baidu does not release your personal information to public record. Your name or company name and contact information may be displayed within your respective Baidu accounts or may be contained on a purchase and sale agreement at the close of the negotiations. You understand that if either party requests a block of price and domain name record, an additional fee will be applied.
DISCLAIMER OF WARRANTIES. BAIDU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ANY AND ALL USE OF THIS SITE, SALES AND BIDS ON DOMAIN NAMES, AND OTHER SERVICES TO MEMBERS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS, HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, LISTINGS OF DOMAIN NAMES FOR SALE ON THIS SITE, THE BIDS MADE THROUGH THIS SITE, AND ALL SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. MEMBER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY. Under no circumstances shall Baidu be liable for any direct, indirect, punitive, special or consequential damages that result from, or arise out of, the use or inability to use this site, the information contained on or received on this site, or any services or products received through this site. You agree that this limitation shall apply regardless of the alleged liability based on contract, tort, negligence, or any other basis. If any claim is based in a jurisdiction that does not allow the exclusion of liability, such liability shall be limited to the maximum extent permitted by the law of that particular jurisdiction.
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Baidu, its subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE. Company may suspend or terminate this Agreement or Member's use, and disclose the Member's identity and contact information, immediately upon receipt of any notice which alleges that Member has used this site for any purpose, including (a) alleged violations of any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees; (b) to enforce this Agreement; (c) respond to any allegation of illegal activity; (d) defend itself from any allegation of illegal activity; or (e) to protect the rights, property or personal safety of Company or any Member. Member agrees not to bring any action or claim against Company for any action under this Agreement or this section.
CHOICE OF LAW AND FORUM. This site (excluding third party linked sites) is controlled by Baidu from its offices within the Dutchy of the Netherlands. It can be accessed from countries around the world to the extent permitted by this site. As each of these places has laws that may differ from the Dutchy of the Netherlands by accessing this site, both you and the Company agree that the statues and laws of the Commonwealth of Massachusetts shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Amsterdam, The Netherlands, and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
CONTENT RESTRICTIONS. By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other Members, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, video, software, images, sounds, data, or other information, that is (a) unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (d) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (e) impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
NO DATA COLLECTION. You also agree that you shall not harvest or collect information about the Members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
AUTHORITY TO EDIT. This site generally does not pre-screen, monitor, or edit the content posted by Members of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate, or for any other reason. This site is not liable for any failure, delay, damages or results, in removing such content.
FULL DISCRETION. You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.