Terms and Conditions
WELCOME TO THE HOYU-USA.COM WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
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Copyright © 2009, Hoyu America Co., Ltd. ALL RIGHTS RESERVED.
1. OWNERSHIP. This site, and each of its components, is the copyrighted property of Hoyu America and/or its various third party providers and distributors. Portions of the content found on this site may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Hoyu America and/or its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law trademarks of Hoyu America, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Hoyu America or such other party that may own the Trademarks.
2. USE OF SITE. You may only use this site to browse the content, make inquiries to Hoyu America, and not for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Hoyu America, except that you may download, display and print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this Web site to other websites are provided for your information and convenience only. Hoyu America does not assume any responsibility or liability with respect to any website linked from this Web site (or any website linking to this Web site), including its content and operation. Hoyu America does not review or monitor such links. A link from this Web site to another website (or a link from another website to this Web site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this Web site may contain "links" to many sites, we are not responsible for the content or the privacy practices employed by other sites.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
5. EXCLUSION OF WARRANTY. Hoyu America AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. Hoyu America AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Hoyu America reserves the right to make additions, deletions, or modifications to the Information at any time without any prior notification.
6. LIMITATION OF LIABILITY. Hoyu America ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL Hoyu America OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY HOYU OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. INDEMNIFICATION. You shall defend and indemnify Hoyu America and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by third parties as a result of your use of this site.
8. SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail, or materials that you submit to Hoyu America regarding the products or services of Hoyu America. Submissions will not be confidential and will become the property of Hoyu America upon submission to Hoyu America. By providing any such Submissions, you agree to assign to Hoyu America, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Hoyu America will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Hoyu America, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Hoyu America does not prescreen or monitor any Submissions as a matter of policy.
Except as expressly stated and agreed upon in advance by Hoyu America, no confidential relationship shall be established in the event that any user of this Internet Site should make any oral, written or electronic communication to Hoyu America (such as feedback, questions, comments, suggestions, ideas, etc.). If any Hoyu America web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Hoyu America shall obtain, use and maintain it in a manner consistent with our Privacy and Security policy (see below). Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Hoyu America shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Hoyu America is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
9. RELATIONSHIP. Your use of this site is independent of Hoyu America and not as an employee, agent, partner, or joint venturer with Hoyu America for any purpose.
10. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Orange County, the State of California, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
11. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12. MODIFICATION. Hoyu America may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
13. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
14. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
16. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.