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Welcome to the website (the “Site”) of Queen is a Girl Limited. (“QueenisaGirl.com”).
QueenisaGirl.com provides its services to you subject to the notices, terms, and
conditions set forth in this agreement (the “Agreement”). In addition, when you
use any QueenisaGirl.com service (e.g., Customer Reviews), you will be subject
to the rules, guidelines, policies, terms, and conditions applicable to such
services, and they are incorporated into this Agreement by this reference.
QueenisaGirl.com reserves the right to change this Site and these terms and
conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all
the terms and conditions in this agreement, so please read this agreement
carefully before proceeding.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the
Site under the supervision of a parent or guardian. Subject to the terms and
conditions of this Agreement, QueenisaGirl.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 QueenisaGirl.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.
Except as permitted in the paragraph above, you may not reproduce, 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 QueenisaGirl.com in writing. You may
not make any commercial use of any of the information provided on the Site or
make any use of the Site for the benefit of another business unless explicitly
permitted by QueenisaGirl.com in advance. QueenisaGirl.com reserves the right to
refuse service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if QueenisaGirl.com believes that customer
conduct violates applicable laws or is harmful to QueenisaGirl.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any
Content, information, or other material that (a) violates or infringes upon the
copyrights, patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, discriminatory, or could give rise to any civil
or criminal liability under the laws of the U.S. or the laws of any other
country that may apply; or (c) includes any bugs, viruses, worms, trap doors,
Trojan horses, or other harmful code or properties. QueenisaGirl.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 QueenisaGirl.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 QueenisaGirl.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 QueenisaGirl.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 by submitting or posting, you agree
to irrevocably license the entry and all IP rights related thereto (excluding
the moral rights such as authorship right) to QueenisaGirl.com without charge
and QueenisaGirl.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 QueenisaGirl.com
and shall not be returned to you and you agree not to raise any dispute in
connection with any use of the entry by QueenisaGirl.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of
any IP right infringement, disputes or third party claims. QueenisaGirl.com
assumes no liability for any misuse of copyright or any other rights of third
parties by you. You undertake to defense for and indemnify the Sponsor against
any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments
or reviews to the Site, you also grant QueenisaGirl.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 QueenisaGirl.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
QueenisaGirl.com or third parties as to the origin of any Submissions or
Content. QueenisaGirl.com may, but shall not be obligated to remove or edit any
Submissions (including comments or reviews) for any reason.
Copyright
All text, graphics, photographs or other images, button icons, audio clips,
logos, slogans, trade names or word software and other contents on the website
of QueenisaGirl.com (collectively, "Content"), belongs exclusively to
QueenisaGirl.com or its appropriate content suppliers. You may not use,
reproduce, copy, modify, transmit, display, publish, sell, license, publicly
perform, distribute or commercially exploit any of the Content or otherwise
dispose of any of the Content in a way not permitted by QueenisaGirl.com,
without QueenisaGirl.com's express prior written consent. The use of data
mining, robots, or similar data gathering and extraction tools on
QueenisaGirl.com as well as the use of QueenisaGirl.com trademarks or service
marks in meta-tags is strictly prohibited. You may view and use the Content only
for your personal information and for shopping and ordering on the Site and for
no other purpose. The collection, arrangement, and assembly of all content on
this Site (the "Compilation") belong exclusively to QueenisaGirl.com. You may
not use QueenisaGirl.com's Content or Compilation in any manner that disparages
or discredits QueenisaGirl.com or in any way that is likely to cause confusion
or violation of any applicable laws or regulations. All software used on this
Site (the "Software") is the property of QueenisaGirl.com and/or its Software
suppliers. The Content, the Compilation and the Software are all protected under
state, national and international copyright laws. All rights not expressly
granted are reserved by QueenisaGirl.com. Violators will be prosecuted to the
full extent of the law.
Intellectual Property Infringement Policy
It is the policy of QueenisaGirl.com to take appropriate action where necessary
to uphold and recognize all relevant State, Federal and International laws in
connection with material that is claimed to be infringing any trademark,
copyright, patent and all or any other Intellectual Property laws. If you are an
intellectual property rights owner and you believe that QueenisaGirl.com sells,
offers for sale, or makes available goods and/or services that infringe your
intellectual property rights, then send the following information in its
entirety to ipip@QueenisaGirl.com
Information required
1. An electronic or physical signature of the person authorized to act on behalf
of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the
site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your
address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of
the material is not authorized by the copyright or other proprietary right
owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are
infringed by the Website (e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456,
registered 1/1/04", etc); and
7. A statement by you that the above information and notification is accurate,
and under penalty of perjury, that you are the copyright owner or authorized to
act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, QueenisaGirl.com may,
without prior notice to you, immediately terminate the Agreement or revoke any
or all of your rights granted under this Agreement. Upon any termination of this
Agreement, you shall immediately cease all access to and use of the Site and
QueenisaGirl.com shall, in addition to any other legal or equitable remedies,
immediately revoke all password(s), and account identification issued to you and
deny your access to and use of this Site in whole or in part. Any termination of
this Agreement shall not affect the respective rights and obligations (including
without limitation, payment obligations) of the parties arising before the date
of termination.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the same
of each product on this site, this site, the products offered for sale on it and
the transactions conducted through it are provided by QueenisaGirl.com on an "as
is" basis. QueenisaGirl.com makes no prepresntations 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 except as provided here to the full
extent permissible by applicable law, QueenisaGirl.com disclaims all warranties,
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, noninfringement, title,
quiet enjoyment, data accuracy, and system integration. This site may include
inaccuracies, mistakes or typographical errors. QueenisaGirl.com does not
warrant that the content will be uninterrupted or error free. To the maximum
extent permitted by law, QueenisaGirl.com will not be liable for any damages of
any kind arising from the use of this site, including, but not limited to,
indirect, incidental, punitive, exemplary, special, or consequential damages. To
the maximum extent permitted by applicable law, QueenisaGirl.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
QueenisaGirl.com during the month immediately preceding the act allegedly giving
rise to QueenisaGirl.com's liability.
Order Acceptance
Please note that the price quoted for each item on the Site should be regarded
as an invitation for offer and should not be regarded as an offer. Your order is
an offer for purchase, which will be accepted when QueenisaGirl.com confirms
your order. There may be certain orders that we are unable to accept and must
cancel. QueenisaGirl.com reserves the right, at its sole discretion, to refuse
or cancel any order for any reason. Some situations that may result in your
order being cancelled 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 may contact you if
all or any portion of your order is cancelled or if additional information is
required to accept your order.
Typographical Errors
While QueenisaGirl.com strives to provide accurate product and pricing
information, pricing or typographical errors may occur. QueenisaGirl.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, QueenisaGirl.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 priced incorrectly, QueenisaGirl.com may, at our
discretion, either contact you for instructions or cancel your order and notify
you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by QueenisaGirl.com is based upon figures calculated in
U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S.
Dollars according to the most up to date conversion rates. Due to fluctuating
currency values, prices displayed in non-U.S. denominations of currency on the
Site, other than on the individual product page, may not be the most current.
Areas of the Site where non-U.S. denominations of currency might be inaccurate
include, but are not limited to, promotional banners, promotional pages, and
information on product category pages. The price displayed on an individual
product page, regardless of currency denomination, is the current price you are
liable to pay to QueenisaGirl.com, excluding shipping.
Arbitration
Where the parties fail to settle dispute within 30 days after such dispute
occurs, they agree to submit such a dispute to Hong Kong International
Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in
accordance with the HKIAC arbitration rules in effect at the time of applying
for arbitration. The arbitral awards are final and binding upon both parties.
Links
This site may contain links to other sites on the Internet that are owned and
operated by third parties. You acknowledge that QueenisaGirl.com is not
responsible for the operation of or content located on or through any such site.
Remedies
You agree that QueenisaGirl.com's remedy at law for any actual or threatened
breach of this Agreement would be inadequate and that QueenisaGirl.com shall be
entitled to specific performance or injunctive relief, or both, in addition to
any damages that QueenisaGirl.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 QueenisaGirl.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 QueenisaGirl.com of its rights or remedies under these
terms and conditions shall imply any obligation to grant any similar, future, or
other waiver. |
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