TERMS OF USE

Last Updated: June 4, 2021

Preamble

Welcome to our website!

This website (https://www.hicn.cn) (the "Website") is operated by Hainan Maritime Silk Road International Communication Co., Ltd. ("HICN","we", "us" or "our"). Our Website broadcasts news and stories about Hainan in the areas of economy, trade, tourism, culture, and society to the world and provides high-qualified and valuable internet services to worldwide users (the "Services").

Before browsing this Website, please carefully read and fully understand the contents of this Terms of Use, the Privacy Policy and any other separate agreements between you ("you" or "user") and HICN (collectively, the "Agreement"), especially the terms restricting or exempting our liabilities, and restricting your rights, terms of jurisdiction and dispute settlement, etc.

This Agreement is legally effective between you and HICN and becomes a legal document binding on both parties. Visiting this Website means that you have read and accepted all the terms and conditions of this Agreement. If you do not agree with the content of this Agreement, please do not visit or use this Website.

If you are a minor under the age of 18, please read and decide whether agree to this Agreement with your parents or other legal guardians.

If you are a user outside mainland China, you also need to abide by the laws of the country or region where you belong to and/or where you are in entering into or performing this Agreement.

1. Ownership and License

1.1 All of the contents on the Website, including but not limited to text, graphics, photographs, images, moving images, sound, audio, videos and illustrations (collectively, the "Content"), belong to HICN, its licensors, vendors, agents and/or its Content providers, and are protected by copyright, trademark, and other intellectual property ownership laws. Users can only use the Content under the authorization of HICN, its licensors, vendors, agents and/or its Content providers, and cannot copy or recreate these Contents without authorization, or create derivative products related to the Content.

1.2 HICN hereby grants you a limited, revocable, non-sublicensable license to access and display or perform the Content solely for your personal, non-commercial use in connection with using the Website. Except as provided in the Agreement or as explicitly allowed on HICN Service, you may not copy, download, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, re-transmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Website.

1.3 Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

2.Statement on Intellectual Property Rights

2.1 HICN is the holder of the intellectual property rights of all elements of the Website, including but not limited to the general design, the Content and all trademarks, service marks and trade names of HICN used herein (collectively "Marks') , which are protected by laws and regulations of the People’s Republic of China (PRC) and corresponding international treaties. The Website, its Content and all related rights shall remain the exclusive property of HICN and/or its licensors unless otherwise expressly agreed.

2.2 You may not or permit any third party to implement, utilize or transfer any of the above-mentioned intellectual property rights for any commercial or non-commercial purpose without the prior written consent of HICN or relevant rights holders.

2.3 HICN enjoys the above intellectual property rights, except for those rights owned by relevant right holders in accordance with the laws and regulations. You shall not use HICN's Marks or any language, pictures or symbols which could, in our own judgment, imply HICN's endorsement in any (i) written or oral advertisement or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without our prior written consent.

3.Inappropriate Submission

3.1 Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user's e-mail unless required in the course of normal maintenance of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or the legal process served on HICN or the Website; (2) protect and defend the rights or property of HICN, the Website, or the users of the Website; or (3) act in an emergency to protect the personal safety of other users, the Website, or the public.

3.2 Users shall remain solely responsible for the content of their e-mail or submitted on the Website in other means (if any), and HICN shall have no obligation to pre-screen any such content. However, we shall have the right, in our sole discretion, to edit, refuse to post or remove any inappropriate material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove any materials that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional rights to deny any user who fails to conform to any provisions of this Agreement.

4.User’s Code of Conduct

4.1 HICN provides users with an interactive section of "LET'S TALK". When submitting contents, users should consciously abide by the Constitution, laws and regulations of the People's Republic of China, abide by public order, respect social ethics, social systems, national interests, citizens' legitimate rights and interests, morals and customs, and the authenticity of information, and would bear all the civil, administrative or criminal liabilities for inappropriate contents.

4.2 The information submitted by users only represents users' personal opinions or suggestions, and does not represent the viewpoints of HICN or any individual associated with HICN. If the user's behavior violates the provisions of laws and regulations or the provisions of the Agreement, HICN has the right to take measures, including but not limited to suspending or terminating part or all of the Services, and prosecuting legal liabilities, depending on the nature of the user’s behavior.

4.3 You may not publish, transmit, spread, and store prohibited contents in violation of national laws and regulations, which:

(1) Violate the basic principles established by the Constitution;

(2) Endanger national security, divulge state secrets, subvert state power and undermine national unity;

(3) Damage national honor and interest;

(4) Incite national hatred and ethnic discrimination, and destroy national unity;

(5) Undermine national religious policies and promote cults and feudal superstition;

(6) Spread rumors, disturb the social order and undermine social stability;

(7) Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;

(8) Insult or slander others and infringe legitimate rights and interests of others;

(9) Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;

(10) Carry out any activity in the name of any illegal civil organization;

(11) Contradict to Interim Provisions on the Administration of the Development of Public Information Services of Instant Messaging Tools and comply with the requirements of “seven bottom lines” including laws and regulations, socialist systems, national interests, legitimate interests of citizens, public order, social morality and information authenticity;(12)Contain any other content prohibited by laws and administrative regulations.

4.4 If the user’s behavior violates the provisions of laws and regulations or the provisions of the Agreement, HICN has the right to take measures, including but not limited to suspending or terminating part or all of the Services, and prosecuting legal liabilities, depending on the nature of the user’s behavior.

5.Protection on Intellectual Property Right

5.1 HICN respects the intellectual property of others and requires that our users do the same. If you believe that any material residing on or linked to from our Services infringes your copyright, you must send us a written notification of claimed infringement that contains substantially all of the following information:

1) Your name, contact information and address;

2) The name of the work requested to be deleted and the link address on this Website;

3) Preliminary proof materials that constitute infringement, such as proof of ownership of the suspected infringing work or the right to exercise the right of information network communication in accordance with the law;

4) Proof of infringement facts of suspected infringing works;

5) Your signature and identification documents.

Please send the notice and other supporting materials to:

E-mail: thisishainan@163.com

Address: 9th Floor, Hainan Daily Building, NO.30 Jinpan Road, Haikou, Hainan, China.

Phone: (86)0898-66810806

Fax: 0898-66810545

5.2 Once we receive a notice that meets the above requirements, we reserve the right to make independent judgments and take corresponding measures such as deleting, blocking or disconnecting the link via technical means. If the above conditions are not met, we would not take any measures for the time being unless more supplementary materials are provided.

6.Termination

6.1 You acknowledge and agree that HICN may, in our sole discretion and without prior notice, suspend or terminate your access to any or all of the Contents or Services at any time, which includes but not limited to: (1) requests by law enforcement or other official authorities, (2) discontinuance or material modification of the Website or any unexpected technical issues or problems, (3) requests by yourself (self-initiated account deletions), (4) your violation of this Agreement or other agreements or guidelines in the Website; or (5) any other circumstances which HICN believes that it is necessary to.

6.2 As the consequence of termination, all licenses and rights granted to use the Websites shall immediately terminate and you will immediately cease all usage of the Website. Nevertheless, the Agreement will remain in effect with respect to your past use of the Website.

7.Links to Third-Party Websites

7.1 This Website may include hyperlinks to other independent third-party websites ("Third-Party Links"). All these Third-Party Links are provided solely as a convenience to you. Such Third-Party Links are not under HICN’s control, and HICN and its affiliates are not responsible for such third-party websites or the availability of such websites and do not endorse the content on such third-party websites, including any information or materials contained therein, or any changes or updates, or any result occurred therefrom.

7.2 You will need to make your own independent judgment regarding your interaction with these Third-Party Links, and your use of each of these Third-Party Links will be subject to the terms and conditions posted on the applicable website.

8.Disclaimers

8.1 We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. Neither HICN nor any of its affiliates warrant the completeness, accuracy or currency of any information on this Website.

8.2 We do not guarantee continuous, uninterrupted or secure access to the Website or Services, and operation of the Website may be interfered by numerous factors outside of our control.

8.3 We do not assume any responsibility, or will not be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or your downloading of any information or materials from the Website.

8.4 The Website is administered and operated from its location in the PRC. Although the Website is accessible worldwide, not all the Contents or Services on the Website are available to all persons or in all geographic locations, or appropriate or available for usages outside the PRC, and any access to the Website is void where prohibited. If you choose to access this Website outside the PRC, you do so entirely at your own risk and it is your sole responsibility to comply with all applicable local and international laws.

9.Limitations of Liability

9.1 Except where prohibited by law, in no event will HICN or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the result of use of the Website, any website linked to the Website, or the material, information, content or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

9.2 Despite other provisions of the Agreement, if there is any problem with this Website or any Content, you agree that your sole remedy is to cease using this Website.

10.Indemnity

10.1 You agree to indemnify and hold HICN, its officers, directors, employees, shareholders, affiliates, agents, successors harmless from any and all third party demands, loss, liability, claims or expenses (including but not limited to attorneys' fees) due to or arising out of or in connection with your use of the Website.

10.2 HICN reserves the right to conduct exclusive defense at its own expense and control any matters concerning compensation under this Agreement. Without the prior written consent of HICN, you may not make any settlement that affects the rights or obligations of us.

11.Force Majeure

Neither HICN nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including but not limited to, natural disasters such as floods, earthquakes, epidemics and storms, social events such as wars, turmoil, government actions, etc., due to the characteristics of network services, such as domestic and foreign basic telecommunications malfunctions, computer or Internet-related technical defects, Internet coverage limitations, computer viruses, hacker attacks, etc., and other unforeseeable, unavoidable and insurmountable objective conditions within a reasonable range.

12.Notification

All notifications to users can be sent through user emails, in-site notifications, or announcements in prominent locations on the Website. HICN will deliver messages to users through one of the above methods, informing you of the modifications of the Agreement, Services, or other important matters.

13.Governing Law and Dispute Resolution

13.1 This Agreement and any disputes related are governed by the laws of the People’s Republic of China (for the purpose of this Terms of Use, excluding Hong Kong, Macau and Taiwan), without considering its conflict of laws and rules.

13.2 Any disputes arising from or related to this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission Hainan Arbitration Center for arbitration in accordance with the current effective arbitration rules of the China International Economic and Trade Arbitration Commission at the time of the arbitration application.

13.3 The arbitration award is final and binding on both parties.

14.Miscellaneous

14.1 HICN may revise this Agreement at any time without prior notice, and the revised Agreement will take effect immediately after being announced. If you continue to visit or use this Website after publishing the revised terms, you will be deemed to have accepted such revisions.

14.2 The terms and conditions in this Agreement set forth the entire understanding and agreement between you and HICN and supersede any prior understandings or agreements (written or oral).

14.3 Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

14.4 Article 8 (Disclaimers), 9 (Limitations of Liability), 10 (Indemnity), 11(Force Majeure), 13 (Governing Law and Dispute Resolution) and 14 (Miscellaneous) shall survive any termination or expiration of this Agreement.

14.5 If you have any questions about this Agreement or if you have any questions or comments, you could contact us by email at [thisishainan@163.com].

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