Term of Use Agreement
3DPhotocase Terms of Use Policy:
By accessing and conducting business
on our website, you are automatically giving your content and agreed to and be
binding by our terms of uses and our other published policies on our
website. If you do not agree, please
leave our website immediately. Below are the rules for our customers:
1. Rules for users/buyers
·
You certify that you are at least at
the age of 18 to use this website to make purchases;
·
And that the information you provide
on or through the 3DPhotocase Sites is accurate and complete;
·
You agreed that your account may be
restricted or terminated for any reason, at our sole discretion;
·
Use the 3DPhotocase Sites for any
commercial purpose, or for any purpose that is fraudulent or otherwise tortious
or unlawful;
·
Interfere with or disrupt the
operation of the 3DPhotocase websites or the systems, servers, or networks used
to make the 3DPhotocase websites available;
·
Download, modify, reproduce, adapt,
translate, reverse engineer, decompile, disassemble or create derivative works
based upon, publicly display, sell, rent, license, or in any way commercially
exploit any portion of our website, except and to the extent expressly
permitted under these Terms;
·
Reformat or frame any portion of any
Web pages that are part of the 3DPhotocase websites;
·
Remove any copyright, trademark, or
other proprietary rights notice from the 3DPhotocase websites.
·
Systematically download and store
any materials from our website. You may only copy or store limited product
information for non-commercial personal use such as to make a purchase.
·
Use any robot, spider, site
search/retrieval application or other manual or automatic device to retrieve,
index, “scrape,” “data mine” or otherwise gather any materials, to reproduce
the 3DPhotocase websites, without our express prior written consent.
2. Rules for Products/Services.
·
Purchasing our products for resale
on Amazon, or any third-party marketplace, is strictly prohibited.
·
You may not copy or counterfeit our
licensed products. We have invested substantial time and money in developing
and maintaining goodwill in its products and services, and 3DPhotocase’s rights
to its intellectual property is of enormous value.
·
While
our goal is to provide accurate information, product packaging and material may
contain more and/or different information than that provided on our websites. Always
read labels, warnings, directions, and other information provided with the
product before using the product.
·
We
make no representations as to the completeness, accuracy, reliability,
validity, or timeliness of such listings, descriptions, or images (including
any features, specifications, and prices contained on the
Sites). Such information and the availability of any Product are
subject to change at any time without notice.
·
We
have made efforts to accurately display the attributes of Products, including
the applicable colors. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
color will accurately reflect actual product color or finish. In
addition, certain weights, measures, and similar descriptions are approximate
and are for convenience only.
·
We
have no liability to you for content on our Sites that you may find to be
offensive, indecent, or objectionable.
3. Newsletter
& Promotions:
To provide you with a more seamless
customer experience, we keep records of all your transactions in our website. We
may use such information to send you promotional discount of interest to you.
We will also email you newsletter informing you of new product launch. By
sign-up with us, will automatically authorized us to send you newsletter and
promotional materials via emails.
If you want to remove your name and
address from promotional lists, we will maintain your name in a "do not
contact" file to ensure that we can honor your request. Please email your
request to support@3DPhotocase.com or click on the un-subscribe button from
your promotional email. It may take up to 10 business days to process your
email request, during which period you may continue to receive communications
from us. Please read our privacy policy for more details.
To collect feedback from our user,
we offer feedback on certain product listing. Such feedbacks will be collected
by us. We have the option to reply or to withheld the information to be display
on our website.
Any feedback you send to us become
our property. You understand that we may be working on the
same or a similar idea or concept to any ideas, expression of ideas or other
materials you submit within your User Content, You understand that we have no
obligation, either express or implied, to develop or use your User Content and
that no compensation is due to you or anyone else for any inadvertent or
intentional use of User Content, or other content derived from your User
Content. So, do not leave any ideas in product review if you intended to get
paid, instead, please email to legal@3DPhotocase.com, for us to evaluate
if your idea is worth the price that you are asking for. Thank you for your
co-operation.
5. Blogs/Forum/Community
We provide Blogs, Forum
and Community to facilitate communication between our Stars/famous persons and
our customers. The use of these services are subjected to terms and conditions
below:
·
You understand and
agree that we do not monitor but reserve the right to review and delete any
User Content, including User Content that, in our sole discretion, (i) violates
these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the
rights of or threaten the safety of any User and/or any other individual or
entity.
·
You are solely
responsible for any User Content you post, publish or display on our websites or
transmit to Users. We reserve the right, but undertake no obligation, to
monitor disputes between you and any other User, or any other entity or
individual, in connection with our websites. You are solely responsible for the
resolution of any disputes that arise between you and any other User or any
other entity or individual.
·
You will post only
User Content you believe in good faith to be true and accurate, and you will
not post to our website any User Content that is fake, inaccurate, misleading
or fraudulent.
·
We reserve the right
to terminate your account and your access to our Blogs, Forum and Community service
at our discretion.
·
You understand that we
may be working on the same or a similar idea or concept to any ideas,
expression of ideas or other materials you submit within your User Content, or
that we may already know of such an idea or concept from other sources, or that
we may simply wish to develop this (or a similar idea) on its own or it may
have taken or will take some actions in the future.
·
To the best of your
knowledge, the User Content represents your own original work, you have all
necessary rights to disclose the User Content to us and in doing so our use of
the User Content will not infringe upon any other individual's or entity's
rights.
·
You understand that
disclosure of your User Content to us does not establish a confidential
relationship or obligate us to treat the User Content (or any related materials)
as secret or confidential.
·
You understand that we
assume no obligation with respect to any User Content. For your own protection,
we assume that you will rely on whatever patent protection you may want to
secure, or have already secured, in your idea. In the absence of a separate
formal contact, your rights shall be limited to those existing under the patent
laws. You need to disclose to us if your Content has pending patent.
6. Legal
Disputes
·
Dispute
arises from this website shall first be resolved by private consultation
between the parties with thirty (30) days prior written notices. The writing
notices should clearly state the issue in dispute. If the dispute cannot be
resolved after 30 days, either parties has the option to refer the matter to
arbitration in Hong Kong in accordance with the Arbitration Rules of the Hong
Kong International Arbitration Center for the time being in force, which rules
are deemed to be incorporated by reference in this Clause. The language of the
arbitration shall be in English language. The Tribunal shall consist of three
(3) arbitrators, each party select one arbitrator with the chief arbitrator be
a non P.R. China citizen and to be appointed by the Hong Kong International
Arbitration Center. The arbitration decision including arbitration and legal
fee and settlement shall be final and binding on the parties.
·
Any
dispute should be made within one (1) year after the order or event has
occurred.
·
You
agreed that the maximum judgment that it can recovered from us is the amount of
the product dollar value in according to your purchase record.
·
In
the event of any dispute with respect to the Agreement in this website, the
prevailing party shall be entitled to reasonable attorney's fees and other
costs and expenses incurred in resolving such dispute.
·
Either
party shall not be liable for, and is excused from, any failure to perform or
delay in the performance of its obligations under this websites’ Agreement due
to causes beyond its control, including without limitation, interruptions of
power, telecommunications services &, & computer servers & Internet
service providers’ failure or its suppliers or subcontractors; and acts of
nature such as governmental actions, fire, flood, natural disaster or labor
dispute.
·
Beside
causes beyond the parties’ control as stated above, no other failure of either
party to pursue any remedy resulting from a breach in this website Agreement by
the other party shall be construed as a waiver of that breach, nor as a waiver
of any subsequent or other breach or relinquishment of any rights hereunder
unless such waiver is signed and in writing.
·
You
also agreed to waiver the right to bring Class Actions and Representative
Claims. All arbitrations shall proceed on an individual basis. The arbitrator
is empowered to resolve the Dispute with the same remedies available in court,
however, any relief must be individualized to you and shall not affect any
other customer. By agreeing to
arbitration, you hereby waive the right to a trial by jury, to assert or
participate in a class action lawsuit or class action arbitration (either as a
named-plaintiff or class member), and to assert or participate in any joint or
consolidated lawsuit or joint or consolidated arbitration of any kind. If
a court decides that applicable law precludes enforcement of any of this
paragraph’s limitations as to a particular cause of action, then that cause of
action (and only that cause of action) must remain in court and be severed from
any arbitration.
7. Governing
Law: This
website terms of uses and policy shall be governed by the laws of the Hong Kong
SAR, China for all civil cases, disputes or lawsuits. Without regard to
conflicts of laws both parties agree to submit to the exclusive jurisdiction of
such courts. Dispute settlement process in any such court action or proceeding
may be served on either party anywhere in the world. Under certain situation,
the buyer may be able to seek judgement in a local court, but local judgement
may or may not be able to enforced in Hong Kong, SAR, China.
8. Replace
All Previous Agreement: These
current terms of use and policy agreement constitutes the whole agreement
between the parties and supersedes and cancels any and all previous agreements,
understandings or negotiations, whether oral or written, between the Parties
relating to the subject matter of this agreement. Any alteration to this agreement
must be in writing from 3DPhotocase website.
9. Partial
Validity:
In the event any provision of this current terms of use and policy Agreement
shall be invalid, illegal or unenforceable in any respect, such a provision
shall be considered separate and severable from the remaining provisions of
this Agreement, and the validity, legality or enforceability of any of the
remaining provisions of this Agreement shall not be affected of impaired by
such provision in any way.
10. Legal