USE OF SITE
Subject to the terms and conditions of this Agreement, OKeshopping.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by OKeshopping.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by OKeshopping.com in writing.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
OKeshopping.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and OKeshopping.com has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify OKeshopping.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide OKeshopping.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and OKeshopping.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of OKeshopping.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant OKeshopping.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by OKeshopping.com will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead OKeshopping.com or third parties as to the origin of any Submissions or Content.
COPYRIGHTS AND TRADEMARKS
The Site or any related software. All software used on this Site is the property of OKeshopping.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to OKeshopping.com or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the “Compilation”) belong exclusively to OKeshopping.com. All software used on this Site (the “software”) is the property of OKeshopping.com or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws.
OKeshopping.COM, OKeshopping and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of OKeshopping.com, its suppliers, or third parties. The use of any OKeshopping.com trademark or service mark without OKeshopping.com’s express written consent is strictly prohibited. You may not use any OKeshopping.com trademark or service mark in connection with any non- OKeshopping.com product or service or in any way that is likely to cause confusion. You may not use OKeshopping.com’s trademarks or service marks in any manner that disparages or discredits OKeshopping.com. You may not use any of the OKeshopping.com trademarks or service marks in meta tags without the prior explicit consent of OKeshopping.com.
DISCLAIMER AND LIMITATION OF LIABILITY
This Site is provided by OKeshopping.com on an “as is” and “as available” basis. OKeshopping.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, OKeshopping.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, OKeshopping.com disclaims any and all warranties, express or implied, for any merchandise offered on this Site. you acknowledge, by your use of the OKeshopping.com website, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall OKeshopping.com or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the OKeshopping.com website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of OKeshopping.com has been advised of or should have known of the possibility of such damages.
To the maximum extent permitted by applicable law, OKeshopping.com’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to OKeshopping.com during the month immediately preceding the act allegedly giving risk to OKeshopping.com’s liability.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
While OKeshopping.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. OKeshopping.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, OKeshopping.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, OKeshopping.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to China International Economic and Trade Arbitration Commission Shanghai Branch for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
You agree that OKeshopping.com’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that OKeshopping.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that OKeshopping.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of OKeshopping.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’fees and expenses.
No instance of waiver by OKeshopping.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
The failure of OKeshopping.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit OKeshopping.com’s rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the China Shanghai Court and you consent to the exclusive personal jurisdiction of such courts.