LEGAL NOTICE SECTION.SHORT AND UPDATED VERSION
Welcome
Thank you using our and our partners products and services(“Products”) and (“Services”)
If you do not agree to the terms for a Service and Products , you should discontinue your use the Service.
For information about how to contact us , please visit our contact page.
Account
On selected web sites to access our or our partners services you may need a Account,password or other information to access the site.The personal Account may be assigned to you by an selected website administrator. If you are using a the Account assigned to you by an administrator, in that case different or additional terms may apply to you or your administrator may be able to access or disable your account.To protect your Account, keep your password confidential at all the time. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. If you learn of any unauthorized use of your password or Account, follow our instructions.
Business and personal uses of our Services
If you are using using our and our partners products and services for yourself or on behalf of a any business, that business accepts these terms as well.It will hold harmless and indemnify our company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services,Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
General uses of our Services or Products.
Our and our partners products and services are selected on the categories and depend form your choice and free or paid access .Therefore sometimes additional terms or product requirements (including new requirements) may apply. Additional terms will be available with the relevant Services or Products, and those additional terms become part of your agreement with us if you use those Services Services or Products.
By using our Services ans Products you are agreeing to these terms. Please read them carefully.
You must follow closely any policies made available to you within the Services or Products platforms.
Don’t misuse our Service . For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services and Products only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services or Products to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Our and our partners products and services may display some content that is not ours.This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content so please don’t assume that we do.
Using ours and our partners products and services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services or platforms. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying local traffic or safety laws.
In connection with your use of the Services or Products , we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Liability for our Services
When permitted by law,we and our partners suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.To the extent permitted by law, the total liability of our company and our partners , and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services or Products (or, if we choose, to supplying you the Services or Products again).
In all cases, our company and our partners , and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services or Products for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Modifying and Terminating our Services
We reserve right to refuse or discontinue services.We are constantly changing and improving our Services. We may add or remove functionalism or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time.We may also stop providing Services to you, or add or create new limits to our Services at any time.We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service or all your data will deleted.
Privacy and Copyright Protection
Privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we or our partners can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat inf ringers according to the process set out in the U.S. Digital Millennium Copyright Act,EU directives,other legal acts .We may provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us,please do so.
Your Content in our Services.
Some of our Services may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you place ,modify ,upload, submit, store, send or receive content to or through our Services, you give us and our partners (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to our listing). Some Services may offer you ways to access and remove the content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Warranties and Disclaimers
We provide our Services and Products using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services and Products .
Some jurisdictions provide for certain warranties, like the implied warranty of merchant-ability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Other than as expressly set out in these terms or additional terms, neither we or our partners nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between our company and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than nineteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply New York law to some types of disputes. If you reside in one of those countries, then where New York state law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of New York state , U.S.A., excluding New York choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in New York state , U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of New York state , U.S.A, and you and our company consent to personal jurisdiction in those courts.
If you do not agree to the terms for a Service and Products , you should discontinue your use the Service.
LEGAL NOTICE SECTION.LONG AND UPDATED VERSION
Effective date: Pro tempore ,Valid and Updated
General Terms and Conditions of Use of the Website and Services.
Table of Contents
1. Imprint
2. Age
3. Registration for, and Subscription to, Services
4. Duration – Termination
5. Electronic Services
6. Protection of intellectual property rights
7. Submissions
8. Links to other sites and to the Website
9. Accuracy and Completeness of Information
10. Exclusion of warranty
11. Limitation of liability
12 .Indemnity
13. Applicable Law and Construction; Jurisdiction; Arbitration
14. Privacy
15. Notice and Takedown Procedures
Welcome to our website (hereinafter the "Website").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).
Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the site, including without limitation vendors, customers, merchants, and/or contributors. When using or registering to use our Website and the Services or our Partners Website and the Services, you may or will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We and our Partners reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services.
1. Imprint
1.1 The Website and its contents are designed, operated and administered by our or our Partner s designated Company on our behalf (hereinafter "Our", “we”, “us”, “our”,“Partners” ).
1.2 The disclosure of any contact information described herein does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing and advertising.
2. Age
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant country). If you are under this age, please do not view, use, register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.
3. Use ,Registration for, and Subscription to, Services
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent us from inadvertently contacting third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account or password. We are authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless we receives explicit prior notice otherwise.
4. Duration - Termination
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.
4.2 You may terminate your use ,registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail. We will send an email or other communication confirming your cancellation of your registration or subscription.
4.3 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, We will be immediately entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services. We will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.
5. Electronic Services
5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls.
5.2 By providing us with your email address and/or telephone number, you agree that we may contact you regarding the Services (including for promotional or marketing purposes) by e-mail, text message or phone, as appropriate, and you acknowledge that use of mobile voice or data services may result in charges imposed on you by your network provider and that you will be responsible for such charges. Please see our Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information.
5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights
6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws.The intellectual property belong to the rightful owners. We own our all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from us. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to us.
7. Submissions
7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. We are not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. To the maximum extent permissible by applicable law, we assumes no voluntary obligation for screening or monitoring Submissions made to this Website by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and its sole discretion to the maximum extent permissible by applicable law whether to remove such Submissions. To the maximum extent permissible by applicable law, we assumes no liability or responsibility to users for performance or nonperformance of such activities. We may, but will not be obligated to, use and/or provide any author attributions related to any Submissions.
8. Links to other sites and to the Website
8.1 This Website may contain links to other websites. We have no control over such websites and, to the maximum extent permissible by applicable law, will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by us of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Wei shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without our prior written consent.
9. Accuracy and Completeness of Information
9.1 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. We makes a reasonable effort to present accurate, complete and updated information on this site, but the information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.
9.2 Unless otherwise specified, the Website and Service are intended to promote our and our partners products and services available worldwide.
9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.
9.4 Some of the services or products on the Website are available only in specific locations ,or in certain foreign markets, and/or online through the Website. The quantities of these services or products may be limited and are subject to cancellation ,return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.
9.5 The Website and/or Services may include a button or hyperlink labeled "Partners" when viewing a particular Service or Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition,Services or Products identified as available may no longer be available when you visit the location specified.
10. Exclusion of warranty
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT PROVIDE NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENT, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
10.2 WE WORK TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER WE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND GUCCI MAKES NO WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11. Limitation of liability
11.1 THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW YORK, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER, SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 11.4, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
12. Indemnity
12.1 To the maximum extent permitted by applicable law and subject to the limitations set forth in Section 11.4, you agree to indemnify and hold us, and each of our partners, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to any Submissions you make to us, or any breach by you of these Terms of Use.
13. Applicable Law and Construction; Jurisdiction; Arbitration
13.1 To the maximum extent permissible by applicable law, these Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the State of New York, USA (without regard to its conflict of law provisions).
To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF OUR LEGAL REPRESENTATIVE, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by us with respect to a Claim, neither we nor the User will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the fullest extent permissible by applicable law, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permissible by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and us with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
13.5 Our waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Use will not operate to excuse performance or waive any such right to require strict performance at any future time.
14. Privacy
14.1 By using the Website or the Services, or by uploading or providing any personal information to our or our partners Website, you agree to the terms of our Privacy Policy, which explains how we treat your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully.
Privacy Policy
Effective date: Pro tempore ,Valid and Updated
We ("us", "we", or "our" "our partners") operates the herein Website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Our Privacy Policy is based on the following.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from our website.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City,Country
Cookies and Usage Data
Usage Data
Other information's
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
We use the collected data for various purposes:
To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Legal Requirements
We may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or our property
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Piwik or Matomo
Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
Clicky
Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms
Statcounter
Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/
Mixpanel
Mixpanel is provided by Mixpanel Inc
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us by using our website email form.
15. Notice and Takedown Procedures
15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting us (contact identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2 Our contact for copyright issues relating to this Website is as follows:
Attn: Intellectual Property Dept.
Please use the Website form to communicate with us.
15.3 In an effort to protect the rights of copyright owners, we maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
Social Media and Endorsement Policy
1.The Purpose
We (hereinafter "Our", “we”, “us”, “our”,“Partners”) are committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, we hereby adopts this Social Media and Endorsement Policy (this “Policy”).
This Policy applies to all our independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on our behalf, whether they are engaged by us directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).
This Policy is intended to outline our policies and procedures with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about us, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to us,and suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations. In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.
2. Standards of Conduct
With respect to statements or other claims made in advertising messages or promotional communications about us and/or its products or services, Endorsers must adhere to the following principles:
a. Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. We encourage s these statements to be in the first person. Endorsers may not make statements about experiences with a service or product that they have not personally tried, examined or evaluated.
b. Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management.
c. Endorsers may not make deceptive or misleading claims about our service or products, or our competitors’ products or services, to the consumers.
d. Endorsers may not make any claims about our products or services, or our competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have).
e. Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.
f. Endorsers may not offer for sale, or solicit, products or services on our behalf.
g. Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about us or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.
h. Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language.
i. Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving our customers or other individuals.
j. Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.
k. Endorsers must adhere to the legal conditions on our web site and the posting guidelines and Terms of Use on any web site on which they post content on our behalf.
l. Endorsers must strive for high quality with every comment or post, including adherence to basic spell checking and rules of grammar.
m. Endorsers that are also our employees must also adhere to any and all guidelines provided by us to its employees with respect to social media and related matters.
n. Endorsers must adhere to any specific additional guidelines provided by us..
o. Endorsers must always use sound judgment and common sense.
3. Disclosure Requirements
a. Endorsers must clearly and conspicuously disclose and make readily apparent all “material connections” to us in all advertising messages and promotional communications concerning our,our partners and/or its products or services.
i. A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by us (or any of its agents acting on its behalf) to the Endorser, or (b) a relationship between us and the Endorser (such as employment or contractual relationships).
ii. Some examples of appropriate material connection disclosures are:
- I received [service] from your business partners as a gift
- [Thanks to][Courtesy of] your business partners, I was given this [product]
- Your business partners sent me [product] to try
- Some of the products reviewed in this blog post were sent to me by your business partners
- This post is a paid advertisement by your business partners
- I am an employee of your business partners
These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that we provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service.
iii. It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the services I discuss on this site are provided to me with great discount price .” Disclosures should be tied to the specific service at issue and readily apparent to readers of the particular blog post.
iv. When using a Twitter, Facebook, Instagram or similar platform, Endorsers should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement.
b. Endorsers who post their own opinions, comments, content or recommendations about us, and/or its products or services, must disclose that their views do not necessarily represent our or partner view.
4. Third Party Endorsers
Endorsers that employ or contract with third parties to have such third parties deliver advertising messages or other promotional communications to consumers (e.g., advertising agencies, network marketing agencies and blogger networks) are also required to cause those third parties to agree to this Policy before engaging them to communicate to consumers about us and/or its products or services.
5. Trademarks and Intellectual Property
All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by us or any of its affiliates may only be used or posted by Endorsers with the our prior written consent in each instance, strictly in accordance with the specific guidelines provided by us.
6. Confidentiality
Endorsers may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about us (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on us. Endorsers shall keep confidential and not disclose any such information and, upon termination of an Endorser’s relationship with us, the Endorser shall promptly return to us any confidential information in the Endorser’s possession. In the event that there is any question as to whether particular information is confidential in nature, Endorsers must promptly contact us for clarification and approval before posting, commenting, blogging or uploading content.
7. Press Inquiries
Endorsers’ endorsements and testimonials may generate media coverage. Media inquiries of any kind regarding endorsements or testimonials relating to us, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to us using the Notice information below. Endorsers may not engage in any discussions or correspondence with any members of the media, or make any public oral or written statement, in each case regarding endorsements or testimonials relating to us, without first consulting with, and receiving permission from,our appropriate authorized representative in each instance.
8. Questions
Any questions concerning the contents of this Policy should be referred to
Social media policy Department
Please communicate with us by our website email.
9. Right to Modify Policy
We reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, our interpretation shall be final.
10. Effective Date
This Policy is effective immediately ,is valid and updated.