User Terms and Conditions
Uvipin.com
User Terms and Conditions
1. INTRODUCTION
Welcome to the family of websites provided by Uvipin
International and Uvipin.com (collectively, “Uvipin”). This
Agreement applies to all of the websites where it is posted (collectively “Uvipin
Sites”). By using one of the Uvipin Sites, you accept this Agreement
and certify that you are above the age of majority in your
jurisdiction. Additional terms and conditions apply to some services
offered on the Uvipin Sites and may be found at the place where the relevant
service is offered.
We may change the terms of this Agreement from time to time. By
continuing to use any of the Uvipin Sites after we post any such changes, you
accept the Agreement, as modified.
You certify that the information you provide
on the Uvipin Sites is accurate and complete. You will be
responsible for the confidentiality of your password and for all statements
made and acts or omissions that occur on your account. If you
believe someone has used your password or account without your authorization,
you must notify Uvipin immediately. Your account may also be
restricted or terminated for any reason, at our sole discretion. We may also
change, restrict access to, suspend, or discontinue the Uvipin Sites, or any
portion of the Uvipin Sites, at any time without notice.
Uvipin and its affiliates have no liability to you for content on the Uvipin
Sites that you find offensive, indecent, or objectionable. Certain
videos, movies, TV programs, video games, and computer games are labeled with
age restrictions and may be intended for mature audiences only. By
ordering an age restricted item, you certify that you satisfy the age
restrictions.
We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Uvipin Sites only with involvement of a parent or guardian. Individuals may use the Uvipin Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
o Violating or attempting to violate the security of the Uvipin Sites;
o Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Uvipin Sites; or
o Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Uvipin or other third party web browsers) to navigate or search the Uvipin Sites.
Uvipin allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Uvipin Sites (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
A. License Grant
for Submitted Content
If you make any submission to the Uvipin Sites, you automatically grant, or
warrant that the owner of such content has expressly granted Uvipin, a
royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive
license to use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the communication or content
material in any media or medium, or any form, format, or forum now known or
hereafter developed. Uvipin may sublicense its rights through
multiple tiers of sublicenses. You should not submit any Content to
us that you do not wish to license to us. Uvipin is and shall be
under no obligation (1) to maintain any Content in confidence; (2) to pay any
compensation for any Content; or (3) to respond to any user
Content. You grant Uvipin the right to use the name that you submit
in connection with any Content.
B. Prohibited Content
You represent and warrant that you will not submit the following Content:
a) Content that is false, inaccurate, or
misleading;
b) Content that contains your full name(s), or any
other confidential identifiable information of yourself or others;
c) Content that violates any local, state,
federal, or international laws;
d) Content that infringes on the rights of others,
including patents, copyrights, trademarks, trade secrets, publicity or privacy
rights;
e) Content that is unlawful, obscene, derogatory,
defamatory, threatening, harassing, abusive, slanderous, hateful, or
embarrassing to any other person or entity as determined by Uvipin in its sole
discretion;
f) Advertisements, solicitations or spam links to
other web sites or individuals, without prior written permission from Uvipin;
g) Chain letters or pyramid schemes;
h) Content that impersonates another business,
person or entity, including Uvipin, its related entities, employees and agents;
i) Content that contains viruses or other harmful
computer code;
j) Content that victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age or disability;
k) Content that you were compensated or granted
any compensation by any third party unless otherwise authorized by Uvipin in
writing; or
l) Content that violates any policy posted on the Uvipin
Sites, or interferes with the use of the Uvipin Sites by others.
Although Uvipin cannot monitor all Content, you understand that Uvipin shall
have the right, but not the obligation, to monitor the Content of the Uvipin
Sites to determine compliance with this Agreement and any other operating rules
that may be established by Uvipin from time to time. Uvipin shall
have the right, in its sole discretion, to edit, move, delete, or refuse to
post any Content submitted, to or posted on, the Uvipin Sites for any reason,
including violation of this Agreement, whether for legal or other
reasons. Notwithstanding this right of ours, you are solely
responsible for any Content you submit and you agree to indemnify Uvipin and
its affiliates for all claims resulting from any Content you submit.
References on Uvipin Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Uvipin is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Uvipin Site is at your own risk and will be governed by such third party's terms and policies.
5. ORDER ACCEPTANCE AND BILLING
All billing information provided must be
truthful and accurate. Providing any untruthful or inaccurate
information constitutes a breach of this Agreement and may result in order
cancellation. Prior to accepting an order we may also request
additional information from you. We reserve the right to refuse or
cancel an order for any reason including limitations on quantities available
for purchase, inaccuracies, or errors in product or pricing information, or
problems identified by our credit and fraud avoidance department. If
your order is canceled after your credit card (or other payment account) has
been charged, we will issue a credit to your credit card (or other applicable
payment account) in the amount of the charge. We will contact you if
all or any portion of your order is canceled or if additional information is
required to accept your order. Uvipin may request a
pre-authorization for some orders placed online with a credit or debit
card. This pre-authorization will not be billed to you; however,
your card issuer may hold this amount for a short period. Your card
issuer determines the length of time the pre-authorization is
held. We do this to ensure that the card details are still valid and
that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to
accept and pay for the item(s). You will not be charged in some cases
until the order has shipped. Some other exceptions when you will be
charged at the time your order is placed are: (i) orders or preorders paid for
with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the
in-store “Cash” payment method.
Uvipin reserves the right to limit the quantity of items purchased per person,
per household or per order for any reason. These restrictions may
apply to orders placed by the same account, the same credit card, and also to
orders that use the same billing and/or shipping address. We will
the notify customer should such limits be applied. Uvipin also
reserves the right, at our sole discretion, to prohibit sales to dealers or
resellers. For purposes of this Agreement, reselling shall be
defined as purchasing or intending to purchase any product(s) from Uvipin for
the purpose of engaging in a commercial sale of that same product(s) with a
third party.
Uvipin cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Uvipin Sites or through Uvipin Marketplace retailers. Uvipin reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Uvipin. Uvipin may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Uvipin Sites or from prices available in Uvipin stores or on Uvipin mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Delivery of items purchased from the Uvipin Sites to addresses outside the United States is limited to certain countries. For delivery restrictions, please review the following page: https://www.uvipin.com/cservice/countries . Items purchased through the Uvipin Sites. Some items are available for pick up at physical store locations. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
9. INFORMATION PROVIDED ON THE UVIPIN SITES
Uvipin and our customers post a variety of
material on the Uvipin Sites including without limitation, merchandise
information, product descriptions, reviews, comments, health and prescription
information, and In Store Now information (collectively, “Materials”). The
Materials that appear on the Uvipin Sites are for educational and informational
purposes only. Despite our efforts to provide useful and accurate
information, errors may appear from time to time. Before you act on
information you have found on the Uvipin Sites, you should confirm any facts
that are important to your decision. Uvipin and its information
providers make no warranty as to the reliability, accuracy, timeliness,
usefulness, or completeness of the information on the Uvipin Sites. Uvipin
is not responsible for, and cannot guarantee the performance of, goods and
services provided by our advertisers or others to whose sites we
link. Product information contained on the Uvipin Sites may be
different from information contained on the product materials due to
manufacturer changes. If you find a product is not as described,
your sole remedy is to return it in unused condition (excluding products that
are not eligible for return).
No health, wellness, prescription or pharmaceutical information is intended to
substitute for the diagnosis, treatment and advice of a medical professional
and this information does not cover all possible uses, precautions, side
effects and interactions and should not be construed to indicate that any drug
is safe for you. Consult the product information (including package
inserts) regarding dosage, precautions, warnings, and interactions and your
medical professional for guidance before using any prescription or over the
counter drug.
UVIPIN, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE
RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE
MATERIALS LOCATED ON ANY OF THE UVIPIN SITES.
The risk of loss and title to such gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. For full terms and conditions related to gift cards, please see http://uvipin.com/cservive/giftcard
11. EXPORT POLICY
You acknowledge that some goods licensed or sold on the Uvipin Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Uvipin Sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Uvipin Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
All copyrights, trademarks, trade dress, other
intellectual property and materials, including page headers, images, text,
illustrations, formats, logos, designs, icons, photographs, programs, music
clips or downloads, video clips and written and other materials (collectively,
the "IP") are owned, controlled or licensed by Uvipin, one of its
affiliates or by third parties who have licensed their materials to Uvipin and
are protected by U.S. and international trademark and copyright
laws. You may access, view, download, and print the IP and all other
materials displayed on the Uvipin Sites for your personal, non-commercial use
only; provided, however, that you (1) retain all copyright, trademark or other
proprietary designations contained on all IP; (2) do not modify or alter the IP
in any way; and (3) do not provide or make available the IP to any third party
in a commercial manner. No license, right, title, or interest in any
materials or software is transferred to you as a result of your use of the Uvipin
Sites or your accessing, viewing, downloading, or printing of the
IP. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any of
the IP, the Uvipin Sites or any related software. All software used
on the Uvipin Sites is the property of Uvipin or its suppliers and protected by
U.S. and international copyright laws. The IP and software on the Uvipin
Sites may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the IP on this Site is strictly
prohibited. The compilation (meaning the collection, arrangement,
and assembly) of all IP on the Uvipin Sites is the exclusive property of Uvipin
and is also protected by U.S. and international copyright laws..
Uvipin, Uvipin, the Uvipin.com names and logos, and all other graphics, logos,
page headers, button icons, scripts, and service names included in or made
available through any of the Uvipin Sites are trademarks or trade dress of Uvipin
in the U.S. and other countries. All other marks are the property of
their respective companies.
13. TERMS APPLICABLE TO UVIPIN MARKETPLACE
By purchasing a product from any of our
Marketplace Sellers, you acknowledge that all Marketplace orders will be
fulfilled by the third party Marketplace Seller and not Uvipin. The
Marketplace Seller will be responsible for all processing, shipping, returns,
and customer service related to your Marketplace order. Products purchased from
a Marketplace Seller can only be returned to that Marketplace Seller in
accordance with its return policy and cannot be returned to Uvipin stores or Uvipin.com.
Each Marketplace Seller's shipping information, return policy, customer
service information, and Marketplace Privacy Policy can be found on that
Marketplace Seller's Retailer Information page.
We have made significant efforts to accurately display the colors of products that appear on the Uvipin Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
You acknowledge that any personal information that you provide through the Uvipin Sites will be used by Uvipin in accordance with Uvipin’s Privacy Policy, the terms of which are incorporated in Uvipin’s Site. If you purchase an item on Uvipin.com sold by a Marketplace Seller, Uvipin shares certain information with that Marketplace Seller to permit the Marketplace Seller to fulfill and ship your order, process returns, and provide customer service. Uvipin requires Marketplace Sellers to keep your information secure and use it only in accordance with the Marketplace Seller's Marketplace Privacy Policy which can be found on that Marketplace Seller's Seller Information page.
You agree to defend, indemnify, and hold harmless Uvipin and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Uvipin Sites or any breach by you of this Agreement.
17. TERMINATION
This Agreement is effective unless and until terminated by either you or Uvipin. You may terminate this Agreement at any time, provided that you discontinue any further use of the Uvipin Sites. Uvipin also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Uvipin Sites, if in Uvipin’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Uvipin, you must promptly destroy all materials downloaded or otherwise obtained from the Uvipin Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Uvipin Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Uvipin Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
18. DISCLAIMER
THIS SITE IS PROVIDED BY UVIPIN ON AN “AS IS” AND “AS AVAILABLE” BASIS. UVIPIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE UVIPIN SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE UVIPIN SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UVIPIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, UVIPIN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE UVIPIN SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE UVIPIN SITES, THAT YOUR USE OF THE UVIPIN SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UVIPIN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE UVIPIN SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF UVIPIN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL UVIPIN BE LIABLE FOR ANY DAMAGES.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Uvipin to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Uvipin's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Florida law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Uvipin Sites must be brought in the state or federal courts of Florida and you consent to the exclusive personal jurisdiction of such courts.
21. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of
others. If you believe that your work has been copied and is
accessible on the Uvipin Sites in a way that constitutes copyright
infringement, please contact us to report possible copyright infringement.
Last updated on September 6, 2016.
© 2016 Uvipin International. All Rights Reserved
