Membership Terms and Conditions
Welcome to the Century Mining Database website ("Database", “Website”, “us” or “we”). The Website is owned and operated by Century Digital Network (Beijing) Company Limited and its affiliates (collectively the “Owner”). The following terms and conditions (“Terms”) govern your use of the Database and the benefits and liabilities of the person registering for membership (“Member”, or “you”). This Database is intended for the use of its Members only. You shall accept all of the following terms and conditions upon completing the registration process in order to become a Member of the Database. Upon registering as a Member and using our Website, you will be entering into an agreement with us, and will be agreeing to abide by all of the Terms, which have been fully reviewed, understood and accepted by you. We may change or modify the Terms at any time in our sole discretion. Any changes or modifications made to the Terms will be announced through our Website and will become immediately effective thereafter. If any of the future changes of the Terms are unacceptable to you, you shall stop using the Database Services (see Section 1.2 regarding definition of “Services”). Your continued use of the Services following the posting of the notice of any changes in these Terms will indicate acceptance by you of such Terms, changes, or modifications. In any case when disputes occur between you and the Website, the latest version of the Terms shall govern. Unless otherwise stated, any new content of the Database, which would expand the scope of Services or enhance its functions, shall be subject to the Terms.
I. Content of Services
1.1 The Database provides both free-of-charge and fee-based Services. Regarding fee-based Services, payment request notifications will be prompted on the Website when you click on the relevant categories. If you wish to use any of the fee-based Services, you will be required to pay corresponding fees to us following the payment process shown on the Website.
1.2 The Services provided by the Database may include the viewing or downloading of the data contained therein, either free-of-charge or upon payment of the fee requested by us..
1.3 The information and data provided on or through the Website (the “Website Data”) is selective and does not cover all previous, existing or potential mining projects by any means identifiable around the world. The search results retrieved from the Database only reflect the Website Data, and do not include any other data, information or document.
1.4 The Website Data was obtained from other private or public sources. You understand and agree that the Website Data has not been independently verified and that certain information has been translated and may contain translation errors. You acknowledge and agree that the Website Data is therefore included in the Services and provided to Members “as is”, without any representation or warranty whatsoever as to its accuracy, veracity or quality, and all representations or warranties, whether or implied, are expressly disclaimed.
II. Registration, Login and Security
2.1 You are required to fill out the Membership registration form which is accessible on the Website in order to complete the registration process. All information (whether relating to an individual, a corporation or another entity) provided by you in doing so shall be genuine, accurate, complete, and reflect your current situation.
2.2 Once you have completed the registration process and successfully become a Member of the Website, you will receive login credentials including a username and a password. You are responsible for maintaining the confidentiality of your login credentials, and you shall assume responsibility for all activities and actions that occur under your membership account. You hereby agree to the following terms:
(a) You shall notify us immediately if you are aware of any known or suspected unauthorized access or use of your account or the Website, or any known or suspected breach of security.
(b) You shall make sure to log out of the Website properly after each session ends. We do not take any responsibility for any loss or damage caused to you or to the Website due to your failure to log out of the Website properly.
2.3 You are responsible for maintaining and updating your Member information so as to ensure that, all times, it remains genuine, accurate and complete, and reflects your current situation. If any of your Member information is found to be untrue, inaccurate, incomplete or does not reflect your current situation, or the Website has reasonable grounds to suspect such information to be untrue, inaccurate or incomplete or that such information does not reflect your current situation, the Website reserves the right to suspend or terminate your membership, and deny your present or future access to the Services (or any part thereof) by any means. If you represent a company or any other legal entity to register as a Member on this Website, you hereby represent and warrant that you have the right and obligation to ensure such company or such other legal entity to be subject to the Terms.
2.4 You shall take responsibility for any loss or damages you cause to the Website as a result of the failure to use it in strict compliance with the Terms, including any loss or damages suffered by by you if such loss or damages are caused by untrue or inaccurate information provided by you during the registration process.
2.5 You shall provide and update your email address, contact number, address, zip code and other contact information as for the Website to contact you effectively. You shall be fully responsible for any loss or extra charges incurred to you during your use of the Services if such loss or extra charges are caused by the ineffectiveness of your contact details. You understand and agree that you have the obligation to maintain the effectiveness of your contact details, and you shall revise or update such information following the instructions posted on the Website from time to time when such needs arise.
2.6 When you fill in your email address, contact number, address or other contact information during registration, the Website requests your permission to send you relevant information regarding the Website and other affairs of the Owner by email, text messaging or courier based on the contact details provided by you. If you authorize the Website and the Owner to so contact you, after you complete the registration and become a Member, you may be sent information from time to time through the means you specified.
III. Use and Ownership
3.1 As a Member, the Terms provide you a non-exclusive, non-transferable licence (the “Licence”) to use the Website, the Services and the Website Data in all jurisdictions where such Licence and use are not restricted by law, subject to any limitations arising under the laws applicable where such Licence is being exploited in compliance with these Terms. The Licence shall expire when your membership is terminated by you or by the Owner, and you agree that the Owner may terminate your membership is terminated for any reason or for no reason. The Licence shall not include the right to (a) publicly display or disseminate any Website Data, (b) permit, facilitate or arrange for third parties to access the Website Data through any means other than by using your membership registration and login information, (c) use the Website, the Services or the Website Data in direct or indirect competition with the Website, the Owner or any affiliate of the Owner, (d) use the Website Data to create or maintain a market index or a publication or other communication intended for use by investors.
3.2 You and the Owner acknowledge and agree that as between them, the Owner is and shall remain the sole owner of the Website, the Services and the Website Data, including any components, modifications, adaptations and authorized or unauthorized copies thereof, together with all intellectual property rights therein. Except as provided in the Terms, no Member shall obtain, receive, have or retain any right, title or interest in or to the Website, the Services or the Website Data. You also acknowledge and agree that as between you and the Owner, the Owner retains the right to store and use all personal or other information you provide the Owner or otherwise to or through the Website, and you further agree that the Owner will own any and all ownership and similar rights in and to any other data, information, intellectual property or services created, obtained or otherwise arising in relation thereto.
3.3 You acknowledge that significant resources were spent assembling and developing the Website, the Services and the Website Data.
3.4 You acknowledge and agree that as a Member, your rights to the Website, Services and the Website Data are limited to a right to use them as provided under the Terms, and you undertake on your own behalf and on behalf of anyone accessing or using them through your membership that no uses of the Website, Services and the Website Data will infringe or violate the rights of the Owner or any other party.
3.5 On your own behalf and on behalf of anyone accessing or using the Website or the Services through your membership, you undertake not to contest or challenge the Owner’s ownership of the Website or the Services (including any and all components thereof).3.6 As a Member, you agree that you will use the Licence to evaluate and understand the Website Data provided on or through the Website, and that you are solely responsible for all resulting financial, investment or other decisions taken or omitted to be taken by you taken. You are strongly encouraged to obtain advice from financial advisors or other advisors prior to making any such decisions.
3.6 You agree that you are responsible for, and will be liable for, all uses that are made of your membership, membership information or the Licence by you or by any other party accessing the Website, the Services, the Website Data or any of their respective components through your membership, and you expressly agree that all acts or omissions of any such party shall be deemed to be your acts or omissions. You also undertake to ensure that every party using or accessing the Website, the Services, the Website Data, any of their respective components or the Licence through your membership has been made aware of, and has agreed to abide by, the Terms (it being expressly agreed that if you are a corporation or other entity that is not a natural person, the foregoing will apply to all your officers, directors, employees, agents and representatives).
4. We respect each Member’s privacy to the greatest extend, and will not publicize, edit or disclose any of your registration information or any private contents you store in this Website without your prior authorization, unless otherwise requested by legal reasons.
V. Compliance with Laws
5. You must not use the Website or any Services provided by the Website for any illegal purposes. You shall safeguard the reputation of the Website and comply with all terms, protocols, regulations and practices in relation to the use of the Website and its Services.
VI. Limitations of Liability and Disclaimers
6.1 You undertake and agree to indemnify the Owner and its affiliates (including any officers, directors or consultants of the foregoing) and to hold them harmless from all claims, causes of action, judgements, fines, expenses or other losses (including fees of legal counsel) arising from any third party claim arising from your use of the Website, the Services or the Website Data, whether such use was in conformity with or in violation of the Terms.
6.2 You also agree the Owner shall in no way be responsible to you for any direct or indirect losses you suffer of whatsoever nature (including any loss of profit, business interruption, loss of data or information, any special, indirect, incidental, consequential damages or any punitive damages), as a result of your use of the Website, the Services or the Website Data, whether such use was in conformity with or in violation of the Terms, and you agree that the Owner’s liability to you for any breach of the obligations imposed on the Owner or the Website under the Terms shall be the right to reimbursement for any subscription payments made by you to the Owner in connection with your membership of the Website for a period of twelve (12) months.
6.3 The Owner does not warrant the following:
(1) the Services will meet your requirements;
(2) the Services are or will be available at all times, or delivered timely, securely and without any errors;
(3) the Website Data and any other results retrieved from the Services are accurate, timely or reliable. You assume responsibility for any loss or damages caused by any of your decisions (including but not limited to investment and acquisition decisions) based on the Website Data retrieved from the Services. The Website does not take any responsibility for the aforesaid loss or damages;
(4) any products, services, information or other materials that you acquire, obtain or view through using the Services will satisfy or conform to your expectations. It is in your sole discretion to download or acquire in any other way any and all Website Data through using the Services, and any risks related to or arising from that Website Data, those materials or their use are therefore and exclusively at your own risk, including any damages or data loss caused to your computer system. .
6.4 The Owner does not warrant that the Website, the Services or any Website Data or other component of the Website or Services will be error free or free of viruses.
6.5 You agree that all warranties or merchantability and fitness for any particular use with respect to the Website, the Services, the Website Data or any of their respective components are expressly waived and disclaimed.
6.6 With respect to the Website Data, without limiting any of the other waivers, disclaimers, limitations or other conditions of the Terms you acknowledge and agree that:
(a) information and data with respect to certain companies may not be included in the Website Data;
(b) the mining information included in the Website Data is selective and does not cover all previous, existing or potential mining projects;
(c) references to "resources", "reserves" or other technical terms are obtained from publicly available technical reports, company websites, or other sources without verification, and the contents of the Website Data may be different from other publicly reported sources due to rounding, calculations, estimates, transcription or translation errors. "Resource" and "reserve" categorizations in the Website are provided for purposes of reference only. Classification of “resource” and “reserve” data appearing on the Website may not be equivalent to or conform with standards defined by NI 43-101 (Canadian standards), JORC (Australian standards), standards issued by the People’s Republic of China or any other standard. Some resources data in this Website may include "Inferred" resources, which despite the classification, is inconsistent with NI 43-101 requiring inferred resources to be separated from the presentation of measured and indicated resources; and
(d) any ‘glossary of terms’, ‘Terms of Reference’ or analogous list or tool provided on the Website does not address all terminology used in the Website Data.
VII. Force Majeure
7. Without limiting Article VI, the Owner is no way responsible for any service delay or failure of the Website caused by reasons beyond reasonable control of the Website, including but not limited to natural disasters, strikes or disturbances, riots, acts of war, government actions, failure in communication facilities or other equipment, or severe casualties.
VIII. Interpretation and Governing Law
8.1 Century reserves all rights to interpret the terms and conditions stated therein.
8.2 The Terms shall be governed by the laws of Hong Kong, and you agree with the Owner that all disputes arising between them with respect to the Website, the Services, the Website Data, any related components or the Terms shall be resolved in the courts of Hong Kong. The Owner and you irrevocably submit to the exclusive jurisdiction of courts located in Hong Kong with respect to any dispute described in the preceding sentence.