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.

 

4.       Product Reviews:

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 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.

·         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