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Terms of Use

BE SURE TO READ THE TERMS AND CONDITIONS SET FORTH BELOW AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND CONTROL ALL ASPECTS OF YOUR ACCESS TO AND USE OF THIS WEBSITE.

BY USING THIS WEBSITE, YOU ARE BOUND BY THE TERMS OF USE STATED HEREIN.

Terms Applicable to the Public and All Registered Members

1. Acceptance of Terms

Welcome to uradio.ifeng.com (the "Website")! Phoenix U Radio Limited ("us", "we" or "our") provides our service to you, subject to the following Terms of Use ("Terms of Use"), which may be changed, added, deleted or updated by us from time to time without notice to you. By continuing to use the Website following such change, addition, deletion or update, you agree to be bound by such modifications.

2. Description of Service

We currently provide the public/ registered members with access to a rich collection of on-line resources, including but not limited to news, photos, graphics, audio and video program archives, message boards, chat rooms, min-blogs and forums through the Website (the "Service").

We may, at our absolute discretion and at any time, without prior notice to you, add to, amend or remove material from the Website, or alter the presentation, substance or functionality of the Website.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. If we agree to grant you access to the Website, such access shall be a non-exclusive, non-transferrable and limited licence to access the Website in accordance with the Terms of Use.

3. Your Conduct on the Website

As a condition of your use of the Website and Service, you may not:

  1. trespass, break into, access, use or attempt to trespass, break into, access use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
  2. restrict or inhabit any other user from using and enjoying the Website or the Service;
  3. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property right, proprietary rights or confidentiality obligations of others;
  4. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or encourage in spamming or flooding;
  5. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
  6. post, publish, transmit, reproduce, distribute in any way exploit any Service or information through the Website for commercial purposes without our prior written approval (unless otherwise specified by us in the Website or pursuant to separate licence granted by us); and
  7. upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Service or information obtained through this Website which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without our prior written permission (unless otherwise specified by us in the Website or pursuant to separate licence granted by us).

4. Third Party Information

The Website and the Service may contain information provided by third parties or sourced by us from news agencies, business information sources, press releases or other references or sources. We are not responsible if any such information is not up-to-date. We do not separately verify the information provided by such third parties or agencies and you are cautioned thus as to the reliability and accuracy of the information. We do not accept any responsibility whatsoever in respect of any such information. Any use and reliance on such information is at your own risk.

5. Prohibition of Access

Whilst we shall use commercially reasonable efforts to provide you with access to the Website twenty-four (24) hours per day, we cannot guarantee your access and you acknowledge that we make no representation or warranty that the Website will be available. You are responsible for your own hardware, software and facilities and we cannot guarantee compatibility of the Website with your systems. We shall be entitled, at our sole discretion, to (a) temporarily suspend the Website to upgrade or modify the Website; and/or (b) restrict your access to and use of the Website where we consider it reasonably necessary for the operation of the Website. We shall not be responsible for any loss or damage you may incur as a result of any suspension, restriction or prohibition. We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in these Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion.

You agree that we, in our sole discretion, may terminate your use of the Service for any reason whatsoever.

6. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Links to other websites or resources do not constitute an endorsement or recommendation by us of such websites or the information, products, advertising or other materials available on those websites.

Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

7. Intellectual Property Rights

All intellectual property rights subsisting in respect of the Website belong to us or have been lawfully licensed to us for use on the Website. All rights under applicable laws are hereby reserved. While you may download or print material from the Website for your personal, non-commercial use, it remains the property of us, unless otherwise stipulated. Unless otherwise specified by us on the Website or pursuant to separate licence granted by us, you are not allowed to upload, download, post, publish, reproduce, transmit or distribute in any way any component of the Website or create derivative works with respect thereto as the Website is copyrighted under the applicable laws. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fee, royalties, charges and/or payments in relation to our use, disclosure, adoption and/or modifications of any or all of your Feedback.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. Indemnity

You agree to defend, indemnify and hold us, and our agents, employees, officers, directors, contractors, suppliers, subsidiaries, affiliates or other partners, harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees) and demands made by any third party due to or arising out of your breach of these Terms of Use and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

10. Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim, override and exclude all warranties of any kind, whether express or implied, arising by law, custom, prior oral or written statements by us (including, but not limited to any warranty of merchantability, fitness for a particular purpose).
  2. We make no warranty that (i) that Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, free of defect, error, omission, virus or anything that may change, erase, add to or damage your software, data or equipment, (iii) the results that may be obtained from the use of the Service will be accurate, adequate, current or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations, and (v) defects in the Website will be corrected.
  3. Any material download or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

11. Limitation of Liability

Without limiting any exclusion specifically provided for in these Terms of Use, we shall in no event be liable (whether in tort or contract or otherwise) to you or any person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, errors or omission in the Website or the Service, even if we have been advised of the possibility of such damages. The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

12. Severability

If any provisions in the Terms of Use shall be adjudged as invalid or unenforceable, it shall not effect other parts of the Terms of Use and the other parts shall remain valid, subsisting and in full force.

13. Trademark Information

Our names and logos, including the graphical representation, fonts, the way they are written are our trademarks or licensed to use by us. Without prior written permission from us or our licensors, you agree not to display or use these trademarks in any manner.

14. Partial Invalidity

The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

15. Wavier

No term of provision hereof shall be deemed waived and no breach consented to or excused, unless such waiver, consent or excuse shall be in writing and signed by us.

16. Headings

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

17. Governing Law

This Agreement shall be governed by and construed in all respect in accordance with the laws of the Hong Kong Special Administrative Region ("HKSAR"), and all parties hereby irrevocably submit to the exclusive jurisdiction of the courts of HKSAR.

18. Violation

Please report any violations of the Terms of Use to uradio@phoenixtv.com.

Addition Terms Applicable to Registered Members Only

19. Registration Obligations

In consideration of your registration as a member of the Website, you agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and
  2. b. maintain and promptly update the Registration Data to keep it true, accurate, current and complete

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

20. Members' Account, Password and Security

You can login the Service with your assigned password and account designation upon completing the registration. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable in any way for any loss or damage arising from your failure to comply with this Clause 20.

21. Members' Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree that you will not:

  1. upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  3. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  4. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the HKSAR Government, any rules of any national or other securities exchange and any regulations having the force of law;

You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in the message boards, forums, chat room, mini-blogs of the Website, and in all other parts of the Service. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Website, our registered members and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason whatsoever.

22. Public Content Posted to the Website

  1. For purposes of the Terms of Use, "publicly accessible areas of the Website" are those accessible by the general public or registered members.
  2. With respect to Content you elect to post for inclusion in publicly accessible areas of the Website or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Website, you grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Website solely for the purpose of displaying, distributing and promoting the specific Service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted. This license exists only for as long as you elect to continue to include such Content on the Website and shall be terminated at the time you delete such Content from the Website.
  3. With respect to all other Content you elect to post to other publicly accessible areas of the Website, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
  4. You agree to defend, indemnify and hold us, and our agents, employees, officers, directors, contractors, suppliers, subsidiaries, affiliates or other partners, harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees) and demands made by any third party due to or arising out of Content you submit, post to or transmit through the Service.

23. General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that is inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

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