Acceptance of Terms
The Service is offered
subject to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies and
procedures that may be published from time to time on the Sites by JINBI DESIGN.
In addition, some services offered through the Service may be subject to
additional terms and conditions promulgated by JINBI DESIGN from time to time;
your use of such services is subject to those additional terms and conditions,
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. JINBI DESIGN may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
JINBI DESIGN reserves
the right, at its sole discretion, to modify or replace any of the Terms of
Use, or change, suspend, or discontinue the Service (including without
limitation, the availability of any feature, database, or content) at any time
by posting a notice on the Sites or by sending you an email. JINBI DESIGN may
also impose limits on certain features and services or restrict your access to
parts or all of the Service without notice or liability. It is your
continued use of the Service following the posting of any changes to the Terms
of Use constitutes acceptance of those changes.
JINBI DESIGN’s current
report a privacy-related problem, please contact firstname.lastname@example.org
Rules and Conduct
As a condition of use,
you promise not to use the Service for any purpose that is prohibited by the
below) is provided only for your own personal, non-commercial use. You are
responsible for all of your activity in connection with the Service. For
any advertisements, advice, suggestions, videos, audio clips, written forum
comments, information, data, text, photographs, software, scripts, graphics,
and interactive features generated, provided, or otherwise made accessible by JINBI
DESIGN through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by JINBI DESIGN in its sole discretion) an unreasonable or disproportionately large load on JINBI DESIGN’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures JINBI DESIGN may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
As a condition to using
certain aspects of the Service, you will be required to register with JINBI
DESIGN and select a password and screen name (“JINBI DESIGN User ID”). Customer
must provide JINBI DESIGN with accurate, complete, and updated registration
which may result in immediate termination of your JINBI DESIGN account. You
shall not (i) select or use as a JINBI DESIGN User ID a name of another person
with the intent to impersonate that person; (ii) use as a JINBI DESIGN User ID
a name subject to any rights of a person other than you without appropriate
authorization; or (iii) use as a JINBI DESIGN User ID a name that is otherwise
offensive, vulgar or obscene.
JINBI DESIGN reserves the right to refuse registration of, or cancel a JINBI DESIGN User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your JINBI DESIGN password. You shall never use another user’s account without such other user’s express permission. You will immediately notify JINBI DESIGN in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payment
You will be charged
immediately upon placing an order, in order to secure the item and commence any
manufacturing which may be necessary. JINBI DESIGN will do its best to have
orders delivered within the estimated delivery time. However, sometimes items
may be delayed due to factors beyond JINBI DESIGN’s control. JINBI DESIGN shall
not be liable for any such delay.
JINBI DESIGN reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you shall pay all applicable fees, as described on the Sites in connection with such features. JINBI DESIGN reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.
Third Party Sites
The Service may permit
you to visit other websites or resources on the Internet via links made
available on the Site, and other websites or resources may contain links to the
Sites. When you access third party websites, you do so at your own risk. These
other websites are not under JINBI DESIGN’s control, and you acknowledge that JINBI
DESIGN is not responsible or liable for the content, functions, accuracy,
legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply endorsement by JINBI DESIGN or
any association with its operators. You further acknowledge and agree that JINBI
DESIGN shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any such Content, goods or services available on or through
any such website or resource.
JINBI DESIGN and Site Content
You agree that the
Service contains Content specifically provided by JINBI DESIGN and that such
Content is protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. You shall abide by all copyright
notices, information, and restrictions contained in any Content accessed
through the Service. You shall not sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, create derivative works from, or otherwise exploit any Content or third
party submissions or other proprietary rights not owned by you, (i) without the
consent of the respective owners or other valid right, and (ii) in any way that
violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from JINBI DESIGN, or from the copyright holder identified in such Content’s copyright notice.
All items purchased from
JINBI DESIGN are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon delivery to the carrier.
JINBI DESIGN attempts to be as accurate as possible with all product descriptions. However, JINBI DESIGN does not warrant that product descriptions or other site content are accurate, complete, reliable, current, or free of errors. If a product offered by JINBI DESIGN is delivered to you in a defective condition, your sole remedy is to seek a replacement or reimbursement in accordance with our return policy, which may require that you immediately return the defective product and all original packaging in an unused condition.
We display prices on our Site in connection with each item. Pricing is calculated using pricing information and knowledge provided by the designer (such as suggested retail prices from manufacturers, suppliers, or the merchant, or an estimated price based on standard industry practice). Because the pricing information may vary item to item and as material costs fluctuate, information that we display may or may not be representative of the exact pricing in every area, on a particular product, on any particular day. JINBI DESIGN reserves the right to alter pricing at any moment in time including after a product has been purchased in order to suit the customer’s requests and or adjust for any fluctuations in materials, costs, shipping, or any other considerations JINBI DESIGN or the designer wish to take into account. The customer may refuse to purchase an item after being notified of any changes in pricing that occur after the initial purchase agreement.
The Service may provide
you with the ability to upload, submit, disclose, distribute or otherwise post
(hereafter, “posting”) data, text, photographs, graphics, visualizations,
videos, audio clips, written forum comments, software, scripts, works of
authorship or other information or content, to the Services (“User
Submissions”). By posting User Submissions on or at any of the Sites or
otherwise through the Service, you agree to the following:
You hereby grant JINBI DESIGN a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to JINBI DESIGN relating to the operation of the Service.
JINBI DESIGN does not endorse and has no control over any User Submission. JINBI DESIGN cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
JINBI DESIGN has no obligation to monitor the Site, Service, Content, or User Submissions. JINBI DESIGN may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will JINBI DESIGN be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. JINBI DESIGN is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
JINBI DESIGN may
terminate your access to all or any part of the Service at any time, with or
without cause, with or without notice, effective immediately, which may result
in the forfeiture and destruction of all information associated with your
membership. If you wish to terminate your account, you may do so by following
the instructions on the Sites. Any fees paid hereunder are non-refundable. All
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
You acknowledge that JINBI
DESIGN has no control over, and no duty to take any action regarding: which
users gains access to the Website; what Content you access via the Website;
what effects the Content may have on you; how you may interpret or use the
Content; or what actions you may take as a result of having been exposed to the
Content. You release JINBI DESIGN from all liability for you having acquired or
not acquired Content through the Sites. The Sites may contain, or direct you to
websites containing, information that some people may find offensive or
inappropriate. JINBI DESIGN makes no representations concerning any content
contained in or accessed through the Sites, and JINBI DESIGN will not be
responsible or liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. JINBI DESIGN, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): JINBI DESIGN MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.
You shall defend,
indemnify, and hold harmless JINBI DESIGN, its affiliates and each of its, and
its affiliates employees, contractors, directors, suppliers and representatives
from all liabilities, claims, and expenses, including reasonable attorneys’
fees, that arise from or relate to (i) your misuse of, or unauthorized access
to, the Sites, Service, Content or otherwise from your User Submissions, (ii)
party using the your account, of any intellectual property or other right of
any person or entity. JINBI DESIGN reserves the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will assist and cooperate with JINBI DESIGN in asserting any
General Content Disclaimer
JINBI DESIGN makes no
representations or warranties concerning the appropriateness, accuracy,
reliability, usefulness, completeness, or timeliness of any Content, and you
should not rely on the Content for any purpose. By using the Service, you agree
that JINBI DESIGN shall not be responsible for (1) any Content, (2) any
person’s reliance on any such Content, whether or not correct, current and
complete, or (3) the consequences of any action that you or any other person
takes or fails to take based on any Content or otherwise as a result of your
use of the Service.
Limitation of Liability
IN NO EVENT SHALL JINBI
DESIGN, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY
OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT
LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR
SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE
SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER
OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B)
ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
International/Non-New York Use
JINBI DESIGN makes no
representation that the Content is appropriate or available for use in
locations outside of New York, and accessing the Service is prohibited from
territories where such Content is illegal. If you access the Service from other
locations, you do so at your own initiative and are responsible for compliance
with local laws.
A printed version of the
judicial or administrative proceedings based upon or relating to the Terms of
Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
and JINBI DESIGN agree that any cause of action arising out of or related to
the Service must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred.
Integration and Severability
entire agreement between you and JINBI DESIGN with respect to the Service and
use of the Sites, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and JINBI DESIGN with
unenforceable or invalid, that provision will be limited or eliminated to the
force and effect and enforceable. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
JINBI DESIGN shall not
be liable for any failure to perform its obligations hereunder where such
failure results from any cause beyond JINBI DESIGN’s reasonable control,
including, without limitation, mechanical, electronic or communications failure
transferable or sublicensable by you except with JINBI DESIGN’s prior written
consent. JINBI DESIGN may assign, transfer or delegate any of its rights and
obligations hereunder without consent. No agency, partnership, joint venture,
neither party has any authority of any kind to bind the other in any respect.
prevailing party will be entitled to recover costs and attorneys’ fees. All
been duly given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after it is sent,
if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices
© 2013 JINBI DESIGN sole proprietorship. All rights reserved.
“JINBI DESIGN” is a trademark of JINBI DESIGN. The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice
As JINBI DESIGN asks
others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that any material
located on or linked to by or through the Service violates your copyright, you
may notify JINBI DESIGN in accordance with the following policy. The address of
JINBI DESIGN’S Designated Agent to Receive Notification of Claimed Infringement
(“Designated Agent”) is listed at the end of this policy.
It is JINBI DESIGN’S policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:
It is JINBI DESIGN’s policy:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, JINBI DESIGN may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at JINBI DESIGN’s discretion.
Please contact JINBI DESIGN’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
450 W 17th St
New York, NY 10011
You may contact JINBI
DESIGN at email@example.com to obtain a physical mailing address for