PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 06/24/2017.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others that may interact or interface with Cenports Commerce Inc., also known as Cenports, located in California, and our subsidiaries and affiliates in association with the use of the Cenports website, which includes www.andmakers.co, www.andmakers.io, www.andmakers.cn, (the “Site”) and its Services, which shall be defined below.
The Site is an e-commerce website that has the following description:
To register and become a “member” of the Site, you must be at least 18 years of age to enter
into and form a legally binding contract. In addition, you must be in good standing and not
an individual that has been previously barred from receiving Cenports’s Services under the
laws and statutes of the United States or other applicable jurisdiction.
When you register, Cenports may collect information, such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. Once you register with Cenports and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:
furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and
maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Cenports Commerce Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and, as such, refuse any and all current or future use of Cenports Commerce Inc. Services or any portion thereof. It is Cenports Commerce Inc.’s priority to ensure the safety and privacy of all its visitors, users, and members, especially children. Therefore, the parents of any child under the age of 13 that permit their child or children access to the Cenports website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age ,and as such, the parent or legal guardian of any child or children is registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Cenports Commerce Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Cenports Commerce Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Cenports Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that, by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Cenports. Furthermore, you herein agree not to make use of Cenports Commerce Inc.’s Services for the purpose of:
uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful and/or racially, ethnically, or otherwise objectionable;
causing harm to minors in any manner whatsoever;
impersonating any individual or entity, including, but not limited to, any Cenports officials, forum leaders, guides, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
forging captions, headings, or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
interfering with or disrupting any Cenports Commerce Inc. Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, which would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
“stalking” or with the intent to otherwise harass another individual; and/or
collecting or storing any personal data relating to any other member or user in connection with the prohibited conduct and/or activities that have been set forth in the aforementioned paragraphs.
Cenports Commerce Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. Cenports Commerce Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
compliance with any legal process;
enforcement of the TOS;
responding to any claim that therein contained content is in violation of the rights of any third party;
responding to requests for customer service; or
protecting the rights, property, or the personal safety of Cenports Commerce Inc., its visitors, users, and members, including the general public.
Cenports Commerce Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Cenports Commerce Inc. or any other content providers supplying content services to Cenports Commerce Inc.. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network, you hereby agree
to comply with all local rules relating to online conduct and that which is considered
acceptable Content. Uploading, posting and/or transferring of software, technology, and
other technical data may be subject to the export and import laws of the United States and
possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
Cenports Commerce Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Cenports Commerce Inc. the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of Cenports Commerce Inc.’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available as long as you are a member of Cenports Commerce Inc.’s sites and shall terminate at such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Cenports Commerce Inc.’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available as long as you are a member of Cenports Commerce Inc.’s sites and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible areas of Cenports Commerce Inc.’s sites, the continuous, binding, and completely sub-licensable license meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.
Those areas that may be deemed “publicly accessible” areas of Cenports Commerce Inc.’s sites are those such areas of our network properties that are meant to be available to the general public and that would include message boards and groups that are openly available to both users and members.
Cenports Commerce Inc. provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
All users and/or members herein agree to ensure and hold Cenports Commerce Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors, blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party that may arise from any content a member or user of our site may submit, post, modify, transmit, or otherwise make available through our Services, the use of Cenports Services, or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any part, use of, or access to Cenports’s sites.
You herein acknowledge that Cenports Commerce Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by Cenports Commerce Inc., nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or received by an account on our Service, the maximum disk space allowable that shall be allocated on Cenports Commerce Inc.’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Cenports Commerce Inc. has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Cenports Commerce Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Cenports Commerce Inc. shall reserve the right at any time it may deem fit to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services or any part thereof.
As a member of www.cenports.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com. As a member, you agree that Cenports Commerce Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
by way of requests from law enforcement or any other governmental agencies;
the discontinuance, alteration and/or material modification to our Services or any part thereof;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by you in connection with your www.cenports.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with www.cenports.com shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Cenports Commerce Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Cenports Commerce Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Cenports Commerce Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss that may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Cenports Commerce Inc.’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain
proprietary and confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any Content that
may be contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents, or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by Cenports Commerce Inc. or such applicable licensor, you agree not to
alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform
and/or created any plagiaristic works based on Cenports Commerce Inc. Services (e.g. Content
or Software), in whole or part.
Cenports Commerce Inc. herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form and, as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Last, you also agree not to access or attempt to access our Services through any means other than through the interface provided by Cenports Commerce Inc. for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT CENPORTS COMMERCE INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:
In the event you have a dispute, you agree to release Cenports Commerce Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Cenports Commerce Inc.’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Cenports Commerce Inc. and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS, WARRANTY DISCLAIMERS, AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Cenports Commerce Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any that may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Cenports Commerce Inc. will always respect the intellectual property of others, and we ask that all our users do the same. With regards to appropriate circumstances, and at its sole discretion, Cenports Commerce Inc. may disable and/or terminate the accounts of any user who violates our TOS and/or infringes on the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site that you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Cenports Commerce Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Email: firstname.lastname@example.org
BE IT KNOWN that Cenports Commerce Inc. complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.cenports.com.
This TOS constitutes the entire agreement between you and Cenports Commerce Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Cenports Commerce Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Cenports Commerce Inc. Services, affiliate Services, third-party content, or third-party software.
It is at the mutual agreement of both you and Cenports Commerce Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Cenports Commerce Inc., shall be filed within the courts having jurisdiction within the County of Santa Clara, California or the U.S. District Court located in said state. You and Cenports Commerce Inc. agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should Cenports Commerce Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge, understand, and agree that, regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Cenports Commerce Inc. as follows: Email: email@example.com