Without limiting, and consistent with the age limitations and requirements set forth in the preceding paragraphs ("Age Requirements"), two types of users may access the Site, use the Services, and/or purchase the Goods – "Visitors" and "Guests".
We may terminate this agreement at any time, in Our sole discretion, and without any notice to You. Any permission granted herein terminates automatically without further notice if You breach any of the terms of this Agreement. Upon such termination, You agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. Passwords and Security
A Guest account is required to access certain portions of the Site and/or Services and may be accessed and used only by those authorized individuals who are registered with The Diaoyutai Boutique Chengdu. To open an user account, You must complete the registration process by providing The Diaoyutai Boutique Chengdu with current, complete, and accurate information as prompted by the applicable registration form. In registering for the Services, You agree to submit accurate, current, and complete information about You and Your organization, if applicable, and promptly update such information, if applicable. Should The Diaoyutai Boutique Chengdu suspect that such information is untrue, inaccurate, not current, or incomplete, The Diaoyutai Boutique Chengdu has the right, but not the obligation, to suspend or terminate Your access to the Site or use of the Services and/or seek updated information from You.
You are solely responsible for any and all activities that occur under Your account and for ensuring that You exit or log-off from Your account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the Site and the computer system You are using to prevent unauthorized access to Your account with The Diaoyutai Boutique Chengdu.
You agree to notify The Diaoyutai Boutique Chengdu immediately of any unauthorized use of Your password or account or any other breach of security that is known or suspected by You. Guest accounts cannot be "shared" or used by more than one individual, except among family members with permission by the primary account holder.
3. Restricted Rights
The materials on the Sites are provided with "Restricted Rights." No other companies or organizations are authorized to use the materials appearing on the Site without prior written permission from The Diaoyutai Boutique Chengdu.
4. Product and Promotional Pricing and Availability and Employment Availability Information
5. Your Conduct
You agree not to:
a. upload, transmit, post, email or otherwise make available to the Site or the Services, any content or other material in any format that:
(i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable;
(ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy;
(iii) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Sites or via the Services or contained in a file that is uploaded to the Site or the Services;
c. impersonate any person or entity, including, but not limited to, a The Diaoyutai Boutique Chengdu official or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d. attempt, through any means, to gain unauthorized access to the Site or the Services, or another user's account on the Site and/or the Services;
e. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site and/or the Services without Our prior express written permission. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without Our prior written permission is prohibited;
f. take any action that imposes an unreasonable or disproportionately large load on the Site's and/or Services' infrastructure;
g. create liability for The Diaoyutai Boutique Chengdu or cause The Diaoyutai Boutique Chengdu to lose (in whole or in part) the services of its information technology partners or other suppliers;
i. access, monitor, observe, or otherwise use any aspect of the Site, Services, and/or Goods if You are not in compliance with the Age Requirements.
The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site or the Services is expressly prohibited.
6. Proprietary Rights Restrictions
a. All material on the Site, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by The Diaoyutai Boutique Chengdu or other parties that have licensed their material to The Diaoyutai Boutique Chengdu, and are protected by copyright, trademark, and other intellectual property laws. The Diaoyutai Boutique Chengdu disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either The Diaoyutai Boutique Chengdu or other third parties; You agree not to display or use such property without The Diaoyutai Boutique Chengdu's prior written permission.
b. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of The Diaoyutai Boutique Chengdu. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of The Diaoyutai Boutique Chengdu, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
c. If You have accessed the Site, The Diaoyutai Boutique Chengdu grants to You a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services (the "Content") solely for Your own personal use. All rights not expressly granted herein by The Diaoyutai Boutique Chengdu to You are reserved by The Diaoyutai Boutique Chengdu and/or its licensors.
d. The Diaoyutai Boutique Chengdu alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by You relating to the Site and/or the Services ("Submissions"), and You agree to and hereby assign such Submissions to The Diaoyutai Boutique Chengdu free of charge. The Diaoyutai Boutique Chengdu may use or not use such Submissions as it deems appropriate in its sole discretion. For any submissions that cannot be legally assigned to The Diaoyutai Boutique Chengdu, You hereby grant The Diaoyutai Boutique Chengdu an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and You agree that The Diaoyutai Boutique Chengdu is free to use any ideas, concepts, know-how or techniques that You send to The Diaoyutai Boutique Chengdu for any purpose whatsoever, with no compensation to You. You also hereby waive any "moral rights" associated with the Submissions.
7. Links with Other Web Sites
8. Disclaimer of Warranties
A. You expressly agree that use of the Site and the Services is at Your sole risk. The Site, the Services and any content contained therein or downloadable therefrom are provided on an "as is" and "as available" basis. The Diaoyutai Boutique Chengdu expressly disclaims all warranties of any kind, express or implied, including, without limitation, any warranty of merchantability, quiet enjoyment, fitness for a particular purpose or non-infringement. No advice or information, whether oral or written, obtained by you from The Diaoyutai Boutique Chengdu or through the Site or the Services shall create any warranty not expressly made herein.
B. The Diaoyutai Boutique Chengdu makes no warranty that the services or any content provided through the Site or any content contained therein or downloaded therefrom will meet your requirements, be accurate, complete, current or timely, or that the Site or the Services will be uninterrupted, timely, secure, or error free. In the event that web site content is inaccurate, incomplete, or out of date, The Diaoyutai Boutique Chengdu does not intentionally make material misrepresentations nor does The Diaoyutai Boutique Chengdu intentionally provide incorrect information.
C. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or the Services or any content contained therein or downloaded therefrom is at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data.
D. The Diaoyutai Boutique Chengdu shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced at the Site, through the Services, or any use of same by You.
E. The Diaoyutai Boutique Chengdu and its licensors make no representation or warranties that the Site, the Services, or any content contained therein or downloaded therefrom is appropriate or available for use in all geographic locations. If you use the Services from outside the People’s Republic of China, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
9. Limitation of Liability
The Diaoyutai Boutique Chengdu and its employees shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Site, the Services or any content contained therein or downloadable therefrom, or any information obtained at the Site, through the Services, or for the cost of procurement of substitute services or resulting from unauthorized access to or alteration of your transmissions or data, including, but not limited to, damages for loss of profits, use, data or other intangibles even if foreseeable or if The Diaoyutai Boutique Chengdu has been advised of the possibility of such damages. You agree that The Diaoyutai Boutique Chengdu's total liability hereunder for damages, regardless of the form of action, shall not exceed the actual total amount received by The Diaoyutai Boutique Chengdu from you to access the Site and/or use the Services. If your use of the Site, Services and/or goods results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
You agree to indemnify, hold harmless and release The Diaoyutai Boutique Chengdu and its properties (and their respective employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use or misuse of the Site, the Services and/or any content contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Site.
11. Changes to the Site
12. Failure to Abide by These Terms
13. Governing Law
Any dispute or claim related to these Terms & Conditions or caused by violation of the Terms & Conditions shall be resolved by arbitration at Chengdu Arbitration Committee under arbitration rules, the award of which shall be final and binding to all parties related. Any legal, accounting or other expenses and costs incurred by the prevailing party shall be recovered from the losing party.
These Terms & Conditions shall be governed by the laws of People’s Republic of China, without giving effect to any principles regarding conflict of laws, and shall be executed in accordance with the legal terms hereunder.
Except as explicitly stated otherwise, any notices shall be given, if to The Diaoyutai Boutique Chengdu, by postal mail to The Diaoyutai Boutique Chengdu.
38 - 39 Kuan Alley, Qingyang District
Chengdu 610015, P. R. China
Or, if to You, using the email address You provide to The Diaoyutai Boutique Chengdu during the registration process or by postal mail. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Diaoyutai Boutique Chengdu during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Revised: January, 2014
© COPYRIGHT 2014 The Diaoyutai Boutique Chengdu ALL RIGHTS RESERVED.