Please read the following terms and policy carefully as they are the terms of sale that govern your purchases at DBXstore.com(hereinafter known as DBX). They set out your rights and obligations withrespect to your purchases, including important limitations and exclusions. Yourplacement of an order at DBX constitutes your agreement that these policiesapply to the order, so be certain you understand them before you place yourorder.
Terms of Use Agreement
Please read these terms and conditions carefully. ThisTerms of Use Agreement (the "Agreement") describes the terms andconditions applicable to your use of the DBXstore.com web site which isidentified by the uniform resource locator www.DBXstore.com(the"Site"). This Agreement is entered into between you as the userof the Site (the" User") and the owner of the Site("DBXstore.com").
1. Terms of Use Agreement
1.1 For purposes of this Agreement, a "User" isany person who accesses the Site for whatever purpose, regardless of whethersaid User has registered on the Site as a registered User or whether said Useris a paying customer for a specific service provided by DBXstore.com or any ofits affiliates. A User includes the person using this Site and any legal entitywhich may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree toaccept the terms and conditions set forth in this Agreement as a User. Youshall be bound by the terms and conditions of this Agreement with respect toyour access or use of this Site and any further upgrade, modification, additionor change to this Site. If you do not accept all of the terms and conditions ofthis Agreement, please do not use this Site.
1.3 DBXstore.com may amend this Agreement at any time byposting the amended and restated Agreement on the Site. The amended andrestated Agreement shall be effective immediately upon posting. Posting byDBXstore.com of the amended and restated Agreement and your continued use ofthe Site shall be deemed to be acceptance of the amended terms. This Agreementmay not otherwise be modified, except in writing by an authorized officer ofDBXstore.com.
1.4 When you visit DBXstore.com or send customerrequests(Customer Service Express Tickets) to DBXstore.com, you are communicatingwith DBXstore.com electronically. You consent to receive communications fromDBXstore.com electronically. DBXstore.com will communicate with you by e-mailor by posting notices on this site.
2. Users Generally.
2.1 Users may use this Site solely for their own personalor internal purposes. Each User agrees that it shall not copy, reproduce ordownload any information, text, images, video clips, directories, files,databases or listings available on or through the Site (the "DBXstore.comContent") for the purpose of re-selling or re-distributing theDBXstore.com Content, mass mailing (via emails, wireless text messages,physical mail or otherwise), operating a business that competes withDBXstore.com, or otherwise commercially exploiting the DBXstore.com Content.Systematic retrieval of DBXstore.com Content from this Site to create orcompile, directly or indirectly, a collection, compilation, database ordirectory (whether through robots, spiders, automatic devices or manualprocesses) without written permission from DBXstore.com is prohibited. Inaddition, use of the content or materials for any purpose not expresslypermitted in this Agreement is prohibited.
2.2 Some of the DBXstore.com Content displayed on thisSite is provided or posted by third parties ("Third Party Content").DBXstore.com is not the author of Third-Party Content, whether contributed byanonymous users or registered users. Any Third Party Content is the soleresponsibility of the party who provided the content. DBXstore.com is notresponsible for the accuracy, propriety, lawfulness or truthfulness of anyThird Party Content, and shall not be liable to any User in connection withsuch User's reliance of such Third Party Content. In addition, DBXstore.com isnot responsible for the conduct of any User's activities on the Site, and shallnot be liable to any person in connection with any damage suffered by anyperson as a result of such User's conduct.
2.3 DBXstore.com may allow Users access to content,products or services offered by third parties through hyperlinks (in the formof word link, banners, channels or otherwise) to such Third Party's web site.You are cautioned to read such sites' terms and conditions and/or privacypolicies before using such sites in order to be aware of the terms andconditions of your use of such sites. User acknowledges that DBXstore.com hasno control over such third party's web site, does not monitor such sites, andDBXstore.com shall not be responsible or liable to anyone for such web site, orany content, products or services made available on such a website.
2.4 DBXstore.com reserves the right to limit, deny orcreate different access to the Site and its features with respect to differentUsers, or to change any of the features or introduce new features without priornotice. Each User acknowledges that inability to use the Site wholly orpartially for whatever reason may have adverse effects on its business. EachUser hereby agrees that in no event shall DBXstore.com be liable to the User orany third parties for any inability to use the Site (whether due to disruption,limited access, changes to or termination of any features on the Site orotherwise), any delays, inaccuracies, errors or omissions with respect to anycommunications or transmission, or any damage (direct, indirect, consequentialor otherwise) arising from the use of or inability to use the Site or any ofits features.
2.5 No User shall undertake any scheme to undermine theintegrity of the computer systems or networks used by DBXstore.com and/or anyother User and no User shall attempt to gain unauthorized access to suchcomputer systems or networks.
2.6 We urge that you read DBXstore.com's Privacy Policywhich governs the protection and use of each User's information in thepossession of DBXstore.com and/or its affiliates. Each User hereby accepts thePrivacy Policy and any updates and amendments thereto. Each User acknowledgesthat DBXstore.com may change the Privacy Policy from time to time provided thatDBXstore.com shall make available the updated version of the Privacy Policy onthe Site at all times. Your continuation of use of the Site shall be deemed tobe your acceptance of the Privacy Policy which is then displayed on the Site atthe time of such use.
2.7 As a condition of your access to and use ofDBXstore.com, you agree that you will not use the DBXstore.com service toinfringe the intellectual property rights or other legitimate rights of othersin any way. DBXstore.com and/or its affiliates will in appropriate circumstancesterminate the accounts of Users who are repeat infringers of the copyrights, orother intellectual property rights, or other legitimate rights of others. Inaddition, DBXstore.com and/or its affiliates reserves the right to terminatethe account of a user upon any single infringement of the rights of others inconjunction with use of the DBXstore.com service, or if DBXstore.com believesthat User's conduct is harmful to the interests of DBXstore.com, itsaffiliates, or other users, or for any other reason in DBXstore.com's solediscretion, with or without cause.
3. Registered Users
3.1 Each User who has completed and submitted aregistration form either online on the Site or offline by giving itsinformation (such as name, address, telephone and fax number, email address,details of its business, etc.) to DBXstore.com or another DBXstore.com groupcompany providing the relevant specific services is a registered user of theSite (a "Registered User"). An account ("Account") will beestablished for each Registered User and each Registered User will be assigneda user alias ("User ID") and password ("Password") forlog-in access to its own Account.
3.2 If the Registered User is a business entity, yourepresent that (a) you have the authority to bind the entity to this Agreement;(b) the address you use when registering is the principal place of business ofsuch business entity; and (c) all other information submitted to DBXstore.comand its affiliates during the registration process is true, accurate, currentand complete. For purposes of this provision, a branch or representative officewill not be considered a separate entity and its principal place of businesswill be deemed to be that of its head office.
3.3 By becoming a Registered User, you consent to the inclusionof your personal data in our Buyer Database. DBX may send emails to you orcontact you otherwise through your personal data whatever information DBX wouldlike to convey to you.
3.4 DBXstore.com or its affiliates may suspend orterminate a Registered User's Account at any time by giving no less than24-hour notice to the Registered User; provided, however, that notice is notrequired for such termination if (a) in DBXstore.com's determination, there isany breach of the provisions of this Agreement by the Registered User; or (b)DBXstore.com has reasonable grounds to suspect that any information provided bya Registered User is untrue, inaccurate or is not current or complete, or (c)DBXstore.com believes that the Registered User's actions may cause financialloss or legal liability to such Registered User.
3.5 A Registered User may not sell, attempt to sell,offer to sell, give, assign or otherwise transfer an Account, User ID orPassword to a third party without the prior written consent of DBXstore.com.DBXstore.com may suspend or terminate the Account of a Registered User or thetransferee of a Registered User in the event of a sale, offer to sell, gift,assignment or transfer in violation of this Section.
3.6 Notwithstanding Section 3.1 above, DBXstore.com mayrefuse registration and deny the issuance of an Account and associated User IDand Password to any User for whatever reason.
4. Relationship among Buyers, DBX and Suppliers
4.1 DBX is an online agent for all Buyers, collectingpurchase orders from the Buyers, to reinforce its price negotiation advantageagainst the Suppliers. It acts on behalf of the Buyers to purchase the productsdesignated by the Buyers. Through the Site, DBXstore.com provides an electronicweb-based platform for displaying the products information and other commonterms and conditions of the transactions provided by the Suppliers. Any Sellerswho are interested in listing their products on Site are encouraged to contactour promotion agent according to the following contact: DBXstore.com
4.2 Despite the provision of the platform through theSite, DBXstore.com does not represent the Supplier in specific transactions viathe Site. No sales agency relationship is created between any Supplier andDBXstore.com, our affiliates, directors, officers or employees by virtue ofDBXstore.com's display of any of products supplied by the sellers. The salescontract is entered in to between the Buyer and the Supplier.
4.3 Users are hereby made aware that there may be risksof dealing with people acting under false pretences. DBXstore.com has verystrict systems in selecting reliable suppliers. DBXstore.com cannot control andis not liable to or responsible for the availability of the products orservices offered for sale displayed on the Site. Therefore DBX will not andcannot warrant to the Buyers that the purchase orders placed through the Sitewill be eventually fulfilled and there are situations that the Suppliers mayhave ceased to provide such products or provide such products at a differentprice in which situations the payment paid by the Buyer to our Paypal Accountwill be returned to the Buyers or will be adjusted in such manner acceptable tothe Buyers.
4.4 The risks of purchase transactions when using theSite to conduct transactions shall include mis-representation of products andservices, fraudulent schemes, unsatisfactory quality, failure to meetspecifications, defective or dangerous products, delay or default in delivery,cost mis-calculations and transportation accidents. All of the foregoing risksare hereafter referred to as "Transaction Risks." In such caseDBXstore.com shall be liable or responsible for any damages, liabilities,costs, harms, inconveniences, business disruptions or expenditures of any kindthat may arise a result of or in connection with any Transaction Risks providedalways that such User shall entrust DBX the full power of attorney to seekindemnification from the relevant Suppliers instead .
4.5 Users are solely responsible for all of the terms andconditions of the transactions conducted on, through or as a result of use ofthe Site, including, without limitation, returns, warranties, shipping,insurance, fees, taxes, title, licenses, fines, permits, handling,transportation and storage. In case the terms and conditions of theTransactions have been changed and such change is notified to DBX by somespecific Suppliers, DBX will post such amended terms of conditions on the Site.The mere obligation of DBX is to display such terms and conditions of thetransactions subject to amendment by the Suppliers from time to time. There maybe situations that the Buyers have placed orders while the terms and conditionsof the transactions are changed. DBXstore.com will, as instructed by theseller, either contact you for instructions before shipping or cancel yourorder and notify you of such cancellation.
4.6 Except where noted otherwise, the List Pricedisplayed for products on the Site represents the price suggested by thesupplier. The List Price is a comparative price estimate and may or may notrepresent the prevailing price in every area on any particular day. Withrespect to items sold on the Site, DBXstore.com cannot confirm the price of anitem until you order. Despite our best efforts, a small number of the items inthe catalog may be mispriced. If an item's correct price is higher than thestated price, DBXstore.com will, as instructed by the seller, cancel yourorder, notify you of such cancellation and make necessary compensation to youafter friendly consultation with you.
4.7 In the event that any User has a dispute with anyparty to a transaction, such User agrees to release and indemnify DBXstore.com(and our agents, affiliates, directors, officers and employees) from allclaims, demands, actions, proceedings, costs, expenses and damages (includingwithout limitation any actual, special, incidental or consequential damages)arising out of or in connection with such transaction.
5. Intellectual Property Rights (IPR) ProtectionPolicy
5.1 DBXstore.com respects the intellectual propertyrights of others, and we expect our users to do the same. Unauthorized use ofanother party's materials and trademarks are dealt with severely on ourwebsite.
5.2 DBX will request each seller to ensure that listingof counterfeits, non-licensed replicas, or unauthorized products such ascounterfeit designer garment, watches, handbags, sunglasses or otheraccessories is strictly prohibited on DBXstore.com, and no products can bedisplayed on DBXstore.com without the explicit permission from the intellectualproperty right holder. Branded products are permitted to be displayed onDBXstore.com if a certificate of authorization has been issued by the brandowner.
5.3 Repeat violations of our IPR policy may result in a rangeof actions, including Removal of listing(s). The following actions are used asa deterrent against infringement of IPR:
·Voluntary review and removal of listings that appear tooffer counterfeit, non-licensed replicas or unauthorized items;
·Prompt removal of listing(s) when an intellectualproperty infringement claim is filed by the trademark holder against any sellerwho are the suppliers of such listed products;
·Written notification with appropriate reason(s) given tosellers who have their product(s) removed on DBXstore.com for suspicion ofinfringing the IPR of others;
·Written notification to sellers whose products areclaimed to infringe on other's IPR. Parties involved will have equalopportunities to respond to such charges;
·Termination, when appropriate, of the listings of thesellers who are repeat offenders;
With millions of Users trading on DBXstore.com each day,we expect each and every seller to behave responsibly.
We request those who assert claims of infringement to stand behind their claims.By submitting a report of alleged infringement to DBXstore.com, you agree toindemnify DBXstore.com against claims or damages arising from the removal ofthe listing.
5.4 How to report an alleged IPR infringement toDBXstore.com
·If you have a good faith belief that a listing on theSite infringes your copyright, trademark, patent or other intellectual propertyrights, you may complete DBXstore.com's Notice of Claimed IPR Infringement Formand email (sue@DBXstore.com) it to DBXstore.com. The completed Notice shouldspecifically identify the seller and each and every link which is claimed to beinfringing your rights (specific URL). The complainant must upload thefollowing materials as attachment for qualification verification:
rights proof
According to the rights asserted, please provide rights proof, such as patentregistration certificate, trademark registration certificate and copyrightregistration certificate, etc. (note: registration certificate of theintellectual property rights should be provided; application advice /acknowledgement is insufficient rights proof)
identification proof
Individual: ID card, passport and other identification proof documents
Enterprise: business license and other industrial and commercial registrationdocuments
rights-holder authorization proof
If the complainant is not the rights-holder, he must produce authorization oragency certificate duly signed or sealed by the rights-holder.
·Upon receipt of the aforesaid Notice and otherinformation, we will promptly evaluate your complaint, and in cases where it isappropriate, we will expeditiously take down the listing referred to in yourclaim.
·We will notify the seller in writing of the removal ofthe claimed infringing product listing and provide the seller with your contactinformation so that the seller may contact you directly and with an opportunityto respond.
·If the seller objects to the removal of the allegedinfringing product listing, the seller may submit to us an appropriatecounter-notice to dispute the claim. Upon receipt of such counter-notice, wemay resume the seller’s listing unless we receive notice from you that anaction has been filed against the member in a court of competent jurisdictionfor infringement of your intellectual property rights.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, the featuresand services on the site are provided on an "as is" and "asavailable" basis, and DBXstore.com hereby expressly disclaims any and allwarranties, express or implied, including but not limited to any warranties ofcondition, quality, durability, performance, accuracy, reliability,merchantability or fitness for a particular purpose. All such warranties,representations, conditions, undertakings and terms are hereby excluded.
6.2 To the maximum extent permitted by law, dbxstore.commakes no representations or warranties about the validity, accuracy,correctness, reliability, quality, stability, completeness or currentness ofany information provided on or through the site, dbxstore.com does notrepresent or warranty that the manufacture, importation, export, distribution,offer, display, purchase, sale and/or use of products or services offered ordisplayed on the site does not violate any third party rights; And dbxstore.commakes no representations or warranties of any kind concerning any product or service offered or displayed on the site.
6.3 Any material downloaded or otherwise obtained throughthe Site is done at each User's sole discretion and risk and each User issolely responsible for any damage to its computer system or loss of data thatresults from the download of any such material. No advice or information,whether oral or written, obtained by any User from DBXstore.com or through orfrom the Site shall create any warranty not expressly stated herein.
6.4 Under no circumstances shall DBXstore.com be heldliable for an delay or failure or disruption of the content or servicesdelivered through the Site resulting directly or indirectly from acts ofnature, forces or causes beyond its reasonable control, including withoutlimitation, Internet failures, computer, telecommunications or any otherequipment failures, electrical power failures, strikes, labor disputes, riots,insurrections, civil disturbances, shortages of labor or materials, fires,flood, storms, explosions, acts of God, war, governmental actions, orders ofdomestic or foreign courts or tribunals or non-performance of third parties.
6.5 Each User hereby agrees to indemnify and saveDBXstore.com, its affiliates, directors, officers and employees harmless, fromany and all losses, claims, liabilities (including legal costs on a fullindemnity basis) which may arise from such User's use of the Site (includingbut not limited to the display of such User's information on the Site) or fromits breach of any of the terms and conditions of this Agreement. Each Userhereby further agrees to indemnify and save DBXstore.com, its affiliates,directors, officers and employees harmless, from any and all losses, claims,liabilities (including legal costs on a full indemnity basis) which may arisefrom User's breach of any representations and warranties made by User toDBXstore.com. Each User hereby further agrees to indemnify and saveDBXstore.com, its affiliates, directors, officers and employees harmless, fromany and all losses, claims, liabilities (including legal costs on a fullindemnity basis) which may arise, directly or indirectly, as a result of anyclaims asserted by Third Party Rights claimants or other third parties relatingto products offered or displayed on the Site. Each User hereby further agreesthat DBXstore.com is not responsible and shall have no liability to it, for anymaterial posted by others, including defamatory, offensive or illicit materialand that the risk of damages from such material rests entirely with each User.DBXstore.com reserves the right, at its own expense, to assume the exclusivedefense and control of any matter otherwise subject to indemnification by you,in which event you shall cooperate with DBXstore.com in asserting any availabledefenses.
6.6 DBXstore.com shall not be liable for any special,direct, indirect, punitive, incidental or consequential damages or any damageswhatsoever (including but not limited to damages for loss of profits orsavings, business interruption, loss of information), whether in contract,negligence, tort or otherwise or any other damages resulting from any of thefollowing:
·The use or the inability to use the Site;
·Any defect in goods, samples, data, information orservices purchased or obtained from a User or a third-party service providerthrough the Site;
·Violation of Third Party Rights or claims or demands thatUsers' manufacture, importation, export, distribution, offer, display,purchase, sale and/or use of products or services offered or displayed on theSite may violate or may be asserted to violate Third Party Rights; or claims byany party that they are entitled to defense or indemnification in relation toassertions of rights, demands or claims by Third Party Rights claimants;
·Unauthorized access by third parties to data or privateinformation of any User;
·Statements or conduct of any User of the Site;
·Any matters relating to Premium Services however arising,including negligence.
6.7 Notwithstanding any of the foregoing provisions, theaggregate liability of DBXstore.com, its employees, agents, affiliates,representatives or anyone acting on its behalf with respect to each Use for allclaims arising from the use of the Site or the DBXstore.com service shall belimited to the greater of (a) the amount of fees the User pays to DBXstore.comor its affiliates in the 12 months period prior to the action giving rise toliability and (b) HK$100. The preceding sentence shall not preclude the requirementby the User to prove actual damages. All claims arising from the use of theSite or the DBXstore.com service must be filed within one (1) year from thedate the cause of action arose.
7. Intellectual Property Rights
7.1 DBXstore.com is the sole owner or lawful licensee ofall the rights to the Site and the DBX Content. The Site and DBXstore.comContent embody trade secrets and intellectual property rights protected underworldwide copyright and other laws. All title, ownership and intellectualproperty rights in the Site and DBXstore.com Content shall remain withDBXstore.com, its affiliates or licensors of the DBXstore.com Content, as thecase may be. All rights not otherwise claimed under this Agreement or byDBXstore.com are hereby reserved.
7.2 "DBX", "DBXstore.com" and relatedicons and logos are registered trademarks or trademarks or service marks ofDBXstore.com, in various jurisdictions and are protected under applicablecopyright, trademark and other proprietary rights laws. The unauthorized copying,modification, use or publication of these marks is strictly prohibited.
8. General
8.1 This Agreement and the Privacy Policy constitute theentire agreement between the User and DBXstore.com with respect to and governsthe use of the Site, superseding any prior written or oral agreements inrelation to the same subject matter herein.
8.2 If any provision of this Agreement is held to beinvalid or unenforceable, such provision shall be struck and the remainingprovisions shall be enforced.
8.3 Headings are for reference purposes only and in noway define, limit, construe or describe the scope or extent of such section.
8.4 DBXstore.com's failure to enforce any right orfailure to act with respect to any breach by a User under this Agreement willnot waive that right nor waives DBXstore.com's right to act with respect withsubsequent or similar breaches.
8.5 DBXstore.com shall have the right to assign thisAgreement (including all of its rights, titles, benefits, interests, andobligations and duties in this Agreement). The User may not assign, in whole orpart, this Agreement to any person or entity.
8.6 This Agreement shall be governed by the laws of theHong Kong Special Administrative Region ("Hong Kong") without regardto its conflict of law provisions. The parties to this Agreement hereby submitto the exclusive jurisdiction of the courts of Hong Kong.
8.7 If there is any conflict between the English version and another
language version of this Agreement, the English language version shall
prevail.
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