Terms of use
TERMS OF USE
These Terms of Use ("Terms of Use") apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase ("Terms of Purchase") on the applicable Company website, which is incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Policy, which is incorporated herein by reference.
Throughout the Site, the terms "we," "us," and "our" refer to venquix.store. Company offers this Site, including all information, tools, and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE READ THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data and other materials provided on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as applicable.
Privacy Policy
A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this site is located at http://www.venquix.store. You agree that any personal information we obtain about you (through this Site, by email, telephone or any other means) will be collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
License and Site Access
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by the Company, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the content available on this Site for your own personal, non-commercial use, provided that you do not change or delete any copyright, trademark or other proprietary notices that appear in the content. . Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide such content to you with a license that is revocable at any time at Company’s sole discretion. Company strictly prohibits any other use of content available through the Site, including but not limited to:
any downloading, copying or other use of content or the Site for purposes competitive with Company or for the benefit of another provider or third party;
any caching, unauthorized linking to the Site or framing of any content available on the Site;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
use any hardware or software intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Site (including, but not limited to, use of any "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); OR
any action that imposes or may impose (in the sole discretion of the Company) an unreasonable or disproportionately large load on the Company's infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and such access may involve third-party fees (such as Internet service providers or airtime fees). In addition, you must provide, and be responsible for, all equipment needed to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any access or use involving in any way an account you may create on the Site or any device you may use to access the Site) will terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel the registration of any person on this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice. The Company does not warrant or represent that your use of content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or prejudice any other rights or relief to which the Company may be entitled, at law or in equity.
Submitted Content
You acknowledge that you are responsible for any content you submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload to, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, violates the rights of any party, or otherwise gives rise to civil liability or otherwise violates any applicable law.
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to any content that you submit, post, upload, publish or otherwise make available through the Site (other than personal data, which is handled in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such content, or any portion of such content, in any media. Such content will not be treated as You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights and/or implement your content if it chooses, without obtaining permission or license from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as a way to access information contained therein. We are not responsible for any content, advertising, products or other materials on or available from such sites or resources. The inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked site or resource. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR THE TERMS OF PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT OF THE SITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO LIMIT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE A WARRANTY OF ANY KIND.
IN SOME JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION SENT OR RECEIVED DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO COST. ACKNOWLEDGING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE ACCESSED THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT YOU SEND OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, CORRUPTION OF FILE, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF, OR USE OF ANY RECORDS OR DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIM OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USING THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You will indemnify and hold harmless the Company Parties from and against all fines, penalties, liabilities, losses and other damages of any kind (including attorneys' fees and expert fees), incurred by the Company Parties and such parties, and you will defend the Company Parties and such parties from any claim arising from (1) your breach of these Terms of Use; (2) your breach of the Terms of Purchase; (4) your fraud or intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnification may apply, and in any event, you will not settle any claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive any communications relating to your use of this Site electronically. Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All communications from Company intended to be received by a customer will be deemed given and effective when sent to the email address provided on any of the Company Sites.
Site Postings
The Site may provide users with the ability to post postings on the Site. Company has no obligation to review any content (including any messages) posted or sent via the Site by users and assumes no responsibility for such content. Company, in its sole discretion, may monitor, not post, or remove such content.
Trademarks and Copyrights
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Company or its licensors or content providers or other parties. Users or anyone acting on their behalf are prohibited from using the Marks for any purpose including, but not limited to, use as meta tags on other pages or sites without the written permission of Company or such third party that may own the Marks. You may not frame or utilize framing techniques or technology to enclose any content included in the Site without the express written consent of Company. Additionally, you may not use any content from the Site in meta tags or other “hidden text” techniques or technology without the express written consent of Company. All content (including any software) available on or through the Site is protected by copyright, trademark, and other applicable laws.
Intellectual Property Infringement Claims
Company respects the intellectual property of others, and we ask our users to do the same. You are hereby advised that Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that is claimed to be infringing is located;
Your address, telephone number, and, if available, email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
PIATTO/RM A 12/F ZJ 300, 300
LOCKHART ROAD, WANCHAI, HONG KONG
TERMS OF USE (Last updated July 2018)
This website and/or related sites and mobile applications (the "Site") are owned and operated by Heartsooth (the "Company"). These Terms of Use ("Terms of Use") apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase ("Terms of Purchase") on the applicable Company website, which are incorporated herein by reference. In addition, your use of this Site is governed by the Privacy Policy, which is incorporated herein by reference.
Throughout the Site, the terms "we," "us," and "our" refer to the Company. Company offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE READ THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data and other materials provided on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as applicable.
Privacy Policy
A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this site is located at http://www.venquix.store. You agree that any personal information we obtain about you (through this Site, by email, telephone or any other means) will be collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
License and Site Access
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by the Company, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the content available on this Site for your own personal, non-commercial use, provided that you do not change or delete any copyright, trademark or other proprietary notices appearing in the content. . Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide such content to you with a license that is revocable at any time at Company's sole discretion. Company strictly prohibits any other use of content available through the Site, including but not limited to:
any downloading, copying or other use of content or the Site for purposes competitive with Company or for the benefit of another provider or third party;
any caching, unauthorized linking to the Site or framing of any content available on the Site;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
use any hardware or software intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Site (including, but not limited to, use of any "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); OR
any action that imposes or may impose (in the sole discretion of the Company) an unreasonable or disproportionately large load on the Company's infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and such access may involve third-party fees (such as Internet service providers or airtime fees). In addition, you must provide, and be responsible for, all equipment needed to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any access or use involving in any way an account you may create on the Site or any device you may use to access the Site) will terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel the registration of any person on this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice. The Company does not warrant or represent that your use of content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or prejudice any other rights or relief to which the Company may be entitled, at law or in equity.
Submitted Content
You acknowledge that you are responsible for any content submitted through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload to, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, violates the rights of any party, or otherwise gives rise to civil liability or otherwise violates any applicable law.
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to any content that you submit, post, upload, publish or otherwise make available through the Site (other than personal data, which is handled in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such content, or any portion of such content, in any media. Such content will not be treated as You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights and/or implement your content if it chooses, without obtaining permission or license from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as a further way to access the information contained therein. We are not responsible for any content, advertising, products or other materials on or available from such sites or resources. The inclusion of links to other sites or resources should not be viewed as an endorsement of the content of the linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked site or resource. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR THE TERMS OF PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT OF THE SITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO LIMIT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE A WARRANTY OF ANY KIND.
IN SOME JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION SENT OR RECEIVED DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO COST. ACKNOWLEDGING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE ACCESSED THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT YOU SEND OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, CORRUPTION OF FILE, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF, OR USE OF ANY RECORDS OR DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIM OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USING THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You will indemnify and hold harmless the Company Parties from and against all fines, penalties, liabilities, losses and other damages of any kind (including attorneys' fees and expert fees), incurred by the Company Parties and such parties, and you will defend the Company Parties and such parties from any claim arising from (1) your breach of these Terms of Use; (2) your breach of the Terms of Purchase; (4) your fraud or intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnification may apply, and in any event, you will not settle any claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive any communications relating to your use of this Site electronically. Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All communications from Company intended to be received by a customer will be deemed given and effective when sent to the email address provided on any of the Company Sites.
Site Postings
The Site may provide users with the ability to post postings on the Site. Company has no obligation to review any content (including any messages) posted or sent via the Site by users and assumes no responsibility for such content. Company, in its sole discretion, may monitor, not post, or remove such content.
Trademarks and Copyrights
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Company or its licensors or content providers or other parties. Users or anyone acting on their behalf are prohibited from using the Marks for any purpose including but not limited to use as meta tags on other pages or sites without the written permission of Company or such third party that may own the Marks. You may not frame or utilize framing techniques or technology to enclose any content included in the Site without the express written consent of Company. Additionally, you may not use any content from the Site in meta tags or other “hidden text” techniques or technology without the express written consent of Company. All content (including any software) available on or through the Site is protected by copyright, trademark, and other applicable laws.
Intellectual Property Infringement Complaints
Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that is claimed to be infringing is located;
Your address, telephone number, and, if available, email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
VENQUIX TECHNOLOGY LIMITED
502 E 9th St, Des Moines, IA 50319
service@venquix.store
Company may update this contact information from time to time without notice. We will post the current contact information on this site.
Survival of Terms After Termination
Notwithstanding any other provision of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Force Majeure
The Company will be excused from performing these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disturbances or rebellions, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of the Company.
Risk of Loss
Items purchased through the Site are shipped via a third-party carrier pursuant to a shipment contract. Accordingly, risk of loss and title for such items pass to you upon our delivery to the carrier.
Dispute Resolution
By using the Site in any manner, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or in connection with this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute as to non-contractual obligations arising out of or in connection with it shall be referred to and finally settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time the request for arbitration is made; (ii) the law applicable to this arbitration clause shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the seat of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings will be conducted in English.
General
If any provision of these Terms of Use or the Terms of Purchase is held to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Purchase. Section titles are for convenience of reference only and will not limit the scope or extent of such section. These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong, to the extent not precluded by or inconsistent with federal law, without regard to its conflict of law provisions. For any action not subject to arbitration, we each agree to submit to the personal jurisdiction of a court located in Hong Kong.
Company’s failure to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are located when you access it, the Site is not intended for you and we ask that you do not use the Site. You are responsible for informing yourself of and complying with the laws of your jurisdiction.
Company does not guarantee that it will act with respect to all breaches of these Terms of Use or the Terms of Purchase. Except as otherwise expressly provided in these Terms of Use or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms of Use or the Terms of Purchase.
Changes to these Terms of Use
You acknowledge and agree that Company may, in its sole discretion, change, add, or remove any portion of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not change or modify these Terms of Use under any circumstances. It is your responsibility to periodically review the Terms of Use for any changes. Your continued use of this Site after any changes to the Terms of Use constitutes acceptance of the changes.
Assignment
You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Company, which may be withheld in Company's sole discretion. Any attempted assignment not in accordance with these Terms of Use or the Terms of Purchase will be void. Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.
Entire Agreement and Eligibility
These Terms of Use constitute the entire agreement and understanding between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.
In some cases, both these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department of Spriteliving Limited by email at
TERMS OF USE (Last updated July 2018)
This website and/or related sites and mobile applications (the "Site") are owned and operated by Heartsooth (the "Company"). These Terms of Use ("Terms of Use") apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase ("Terms of Purchase") on the applicable Company website, which are incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Policy, which is incorporated herein by reference.
Throughout the Site, the terms “we,” “us,” and “our” refer to the Company. The Company offers this Site, including all information, tools, and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE READ THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data and other materials provided on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as applicable.
Privacy Policy
A copy of the Privacy Policy that applies to the collection, use, disclosure and other handling of personal information on this site is located at http://www.heartsooth.com. You agree that any personal information we obtain about you (through this Site, by email, telephone or any other means) will be collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
License and Site Access
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by the Company, its licensors or its content suppliers and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the content available on this Site for your own personal, non-commercial use, provided that you do not change or delete any copyright, trademark or other proprietary notices that appear in the content. . The Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide such content to you under a license that is revocable at any time at the sole discretion of the Company. The Company strictly prohibits any other use of the content available through the Site, including but not limited to:
any downloading, copying or other use of the content or the Site for purposes competitive with the Company or for the benefit of another provider or third party;
any caching, unauthorized linking to the Site or framing of any content available on the Site;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
any uploading, posting or transmitting of material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
use any hardware or software intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Site (including, but not limited to, use of any "scraping" or other data mining techniques, robots, or similar data gathering and extraction tools); OR
any action that imposes or may impose (in the sole discretion of the Company) an unreasonable or disproportionately large load on the Company's infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and such access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and be responsible for all equipment needed to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any access or use involving in any way an account you may create on the Site or any device you may use to access the Site) will terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel the registration of any person on this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice. The Company does not warrant or represent that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or impair any other rights or relief to which the Company may be entitled, at law or in equity.
Submitted Content
You acknowledge that you are responsible for any content you submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload to, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, violates the rights of any party, or otherwise gives rise to civil liability or otherwise violates any applicable law.
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to any content that you submit, post, upload, publish or otherwise make available through the Site (other than personal data, which is handled in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such content, or any portion of such content, in any media. Such content will not be treated as You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights and/or implement your content if it chooses, without obtaining permission or license from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as a way to access information contained therein. We are not responsible for any content, advertising, products or other materials on or available from such sites or resources. The inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked site or resource. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR THE TERMS OF PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT OF THE SITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO LIMIT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE A WARRANTY OF ANY KIND.
IN SOME JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION SENT OR RECEIVED DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO COST. ACKNOWLEDGING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE ACCESSED THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT YOU SEND OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, CORRUPTION OF FILE, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF, OR USE OF ANY RECORDS OR DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIM OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USING THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You will indemnify and hold harmless the Company Parties from and against all fines, penalties, liabilities, losses and other damages of any kind (including attorneys' fees and expert fees), incurred by the Company Parties and such parties, and you will defend the Company Parties and such parties from any claim arising from (1) your breach of these Terms of Use; (2) your breach of the Terms of Purchase; (4) your fraud or intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnification may apply, and in any event, you will not settle any claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive any communications relating to your use of this Site electronically. Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All communications from Company intended to be received by a customer will be deemed given and effective when sent to the email address provided on any of the Company Sites.
Site Postings
The Site may provide users with the ability to post postings on the Site. Company has no obligation to review any content (including any messages) posted or sent via the Site by users and assumes no responsibility for such content. Company, in its sole discretion, may monitor, not post, or remove such content.
Trademarks and Copyrights
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Company or its licensors or content providers or other parties. Users or anyone acting on their behalf are prohibited from using the Marks for any purpose including but not limited to use as meta tags on other pages or sites without the written permission of Company or such third party that may own the Marks. You may not frame or utilize framing techniques or technology to enclose any content included in the Site without the express written consent of Company. Additionally, you may not use any content from the Site in meta tags or other “hidden text” techniques or technology without the express written consent of Company. All content (including any software) available on or through the Site is protected by copyright, trademark, and other applicable laws.
Intellectual Property Infringement Complaints
Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that is claimed to be infringing is located;
Your address, telephone number, and, if available, email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
VENQUIX TECHNOLOGY LIMITED
502 E 9th St, Des Moines, IA 50319
service@venquix.store
Company may update this contact information from time to time without notice. We will post the current contact information on this site.
Survival of Terms After Termination
Notwithstanding any other provision of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Force Majeure
The Company will be excused from performing these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disturbances or rebellions, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of the Company.
Risk of Loss
Items purchased through the Site are shipped via a third-party carrier pursuant to a shipment contract. Accordingly, risk of loss and title for such items pass to you upon our delivery to the carrier.
Dispute Resolution
By using the Site in any way, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or in connection with this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute as to non-contractual obligations arising out of or in connection with it shall be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time the request for arbitration is made; (ii) the law applicable to this arbitration clause shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the seat of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English.
General
If any provision of these Terms of Use or the Terms of Purchase is held to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Purchase. Section titles are for convenience of reference only and will not limit the scope or extent of such section. These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong, to the extent not precluded by or inconsistent with federal law, without regard to its conflict of law provisions. For any action not subject to arbitration, we each agree to submit to the personal jurisdiction of a court located in Hong Kong.
The failure of the Company to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are located when you access it, the Site is not intended for you and we ask that you do not use the Site. You are responsible for informing yourself of and complying with the laws of your jurisdiction.
The Company does not guarantee that it will act with respect to all breaches of these Terms of Use or the Terms of Purchase. Except as otherwise expressly provided in these Terms of Use or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms of Use or the Terms of Purchase.
Changes to these Terms of Use
You acknowledge and agree that the Company may, in its sole discretion, change, add, or remove any portion of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not change or modify these Terms of Use under any circumstances. It is your responsibility to periodically review the Terms of Use for changes. Your continued use of this Site after any changes to the Terms of Use constitutes acceptance of the changes.
Assignment
You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of the Company, which may be withheld in the sole discretion of the Company. Any attempted assignment in breach of these Terms of Use or the Terms of Purchase will be null and void. The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.
Entire Agreement and Admissibility
These Terms of Use constitute the entire agreement and understanding between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.
In some cases, both these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact Venquix Limited Legal Department by email at service@venquix.store
The Company may update this contact information from time to time without notice. We will post the current contact information on this Site.
Survival of Terms After Termination
Notwithstanding any other provision of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Force Majeure
The Company will be excused from performing these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disturbances or rebellions, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of the Company.
Risk of Loss
Items purchased through the Site are shipped via a third-party carrier pursuant to a shipment contract. Accordingly, risk of loss and title for such items pass to you upon our delivery to the carrier.
Dispute Resolution
By using the Site in any manner, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or in connection with this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute as to non-contractual obligations arising out of or in connection with it shall be referred to and finally settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time the request for arbitration is made; (ii) the law applicable to this arbitration clause shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the seat of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings will be conducted in English.
General
If any provision of these Terms of Use or the Terms of Purchase is held to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Purchase. Section titles are for convenience of reference only and will not limit the scope or extent of such section. These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong, to the extent not precluded by or inconsistent with federal law, without regard to its conflict of law provisions. For any action not subject to arbitration, we each agree to submit to the personal jurisdiction of a court located in Hong Kong.
Company’s failure to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are located when you access it, the Site is not intended for you and we ask that you do not use the Site. You are responsible for informing yourself of and complying with the laws of your jurisdiction.
Company does not guarantee that it will act with respect to all breaches of these Terms of Use or the Terms of Purchase. Except as otherwise expressly provided in these Terms of Use or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms of Use or the Terms of Purchase.
Changes to these Terms of Use
You acknowledge and agree that Company may, in its sole discretion, change, add, or remove any portion of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not change or modify these Terms of Use under any circumstances. It is your responsibility to periodically review the Terms of Use for any changes. Your continued use of this Site after any changes to the Terms of Use constitutes acceptance of the changes.
Assignment
You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Company, which may be withheld in Company's sole discretion. Any attempted assignment not in accordance with these Terms of Use or the Terms of Purchase will be void. Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.
Entire Agreement and Eligibility
These Terms of Use constitute the entire agreement and understanding between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use shall apply only to the extent permitted by law.
In some cases, both these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact us by email at service@venquix.store