Overview
Welcome to MIMIUGG,Inc., your reliable online marketplace. Please review the
following basic rules that govern your use of the MIMIUGG,Inc. site. (the "Agreement").
Please note that your use of the MIMIUGG,Inc. site (the "Site") constitutes your
unconditional agreement to follow and be bound by these Terms of Use. Although you may
"bookmark" a particular portion of this Site and thereby bypass this Agreement, your use
of this Site still binds you to these Terms of Use. MIMIUGG,Inc. reserves the right to
update or modify these Terms of Use at any time without prior notice to you. Your use of
the Site following any such change constitutes your unconditional agreement to follow and
be bound by these Terms of Use as changed. For this reason, we encourage you to review
these Terms of Use whenever you use this Site.
Use of this site
By accepting these Terms of Use through your use of the Site, you certify
that you are 18 years of age or older. If you are under the age of 18 but at least 13
years of age you may use this Site only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of Use. MIMIUGG,Inc. does not
intentionally collect personal information about children under the age of 13. Children
under the age of 13 may not use this Site and parents or legal guardians may not agree to
these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to
these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised
that you are fully responsible for his or her use of this Site, including all financial
charges and legal liability that he or she may incur. If you do not agree to (or cannot
comply with) any of these terms and conditions, do not use this Site. All billing and
registration information provided must be truthful and accurate. Providing any untruthful
or inaccurate information may constitute a breach of these Terms of Use. By confirming
your purchase at the end of the checkout process, you agree to accept and pay for the
item(s) requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and other
materials that are part of this Site (collectively, the "Contents") are intended solely
for personal, non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Site for your personal use only. No right, title
or interest in any downloaded materials or software is transferred to you as a result of
any such downloading or copying. 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 Contents, the Site
or any related software. All software used on this Site is the property of MIMIUGG,Inc.
and protected by copyright laws. The Contents and software on this Site may be used only
as a purchasing resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the Contents on
this Site is strictly prohibited.
Objectionable Material
You understand that by using this Site or any services provided on the Site,
you may encounter Content that may be deemed by some to be offensive, indecent, or
objectionable, which Content may or may not be identified as such. You agree to use the
Site and any service at your sole risk and that MIMIUGG,Inc. shall have no liability to
you for Content that may be deemed offensive, indecent, or objectionable.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress
and/or other intellectual property owned, controlled or licensed by MIMIUGG,Inc. or by
third parties who have licensed their materials to MIMIUGG,Inc. and are protected by
China and international copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all Contents on this site is the exclusive property of
MIMIUGG,Inc. and is also protected by China and its international copyright laws.
MIMIUGG,Inc. and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes, technology,
content and other materials which appear on this Site. Access to this Site does not
confer and shall not be considered as conferring upon anyone any license under any of
MIMIUGG,Inc.s or any third party's intellectual property rights.
The MIMIUGG,Inc. names and logos and all related product and service names,
design marks and slogans are the trademarks or service marks of MIMIUGG,Inc.. No
trademark or service mark license is granted in connection with the materials contained
on this Site. Access to this Site does not authorize anyone to use any name, logo or mark
in any manner.
References on this Site to any names, marks, products or services of third
parties or hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply MIMIUGG,Inc.s endorsement,
sponsorship or recommendation of the third party, information, product or service.
MIMIUGG,Inc. is not responsible for the content of any third party sites and does not
make any representations regarding the content or accuracy of material on such sites. If
you decide to link to any such third party web sites, you do so entirely at your own
risk.
Indemnification
You agree to defend, indemnify and hold harmless MIMIUGG,Inc. from and
against any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or
MIMIUGG,Inc.. You may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. MIMIUGG,Inc. also may terminate this Agreement at any time
and may do so immediately without notice, and accordingly deny you access to the Site, if
in MIMIUGG,Inc.s sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either you or MIMIUGG,Inc., you must
promptly destroy all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the Terms of Use or otherwise.
MIMIUGG,Inc.s right to any Comments shall survive any termination of this Agreement.
Disclaimer
This site is provided on an "as is" and "as available" basis. MIMIUGG,Inc.
makes no representations or warranties of any kind, expressed or implied, as to the
operation of the site or the information, content, materials, or products included on
this site. To the full extent permissible by applicable law, MIMIUGG,Inc. disclaims all
warranties, expressed or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. Without limiting the foregoing,
MIMIUGG,Inc. disclaims any and all warranties, expressed or implied, for any merchandise
offered on this site. You acknowledge, by your use of the MIMIUGG,Inc. web site, that
your use of the site 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.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in
tort, contract, strict liability or otherwise, shall MIMIUGG,Inc. or any of its
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
MIMIUGG,Inc. web site, 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 MIMIUGG,Inc. has been advised of or
should have known of the possibility of such damages. In no event will MIMIUGG,Inc. be
liable for any damages in excess of the fees paid by you in connection with your use of
the site during the six month period preceding the date on which the claim arose.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order
for any reason. Some situations that may result in your order being canceled 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 will contact you if all or any portion of your order is canceled or if
additional information is required to accept your order.
Pricing Information
While MIMIUGG,Inc. strives to provide accurate product and pricing
information, pricing or typographical errors may occur. MIMIUGG,Inc. 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, MIMIUGG,Inc. 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 mis-priced,
MIMIUGG,Inc. may, at our discretion, either contact you for instructions or cancel your
order and notify you of such cancellation.
Force Majeure
The Sellers shall not be held responsible for the delay in shipment or non-
delivery of the goods due to war, earthquake, serious flood, fire and other Force majeure
causes agreed by both parties. However, the Sellers shall advise the Buyers by fax/telex,
immediately of such occurrence and within fourteen days thereafter, shall send by airmail
to the Buyers for their acceptance a certificate issued by the competent authorities of
the place where the accident occurs as evidence thereof. Under such circumstances the
Sellers, however, are still under the obligation to take all necessary measures to hasten
the delivery of the goods. In case the late delivery exceeds ten weeks, the Buyers shall
have the right to cancel this Contract.
Arbitration
Where the parties fail to settle dispute within 30 days after such dispute
occurs, they agree to submit such dispute to China International Economic and Trade
Arbitration Commission for arbitration which shall be conducted in accordance with the
Commission's arbitration rules in effect at the time of applying for arbitration. The
arbitral awards are final and binding upon both parties.
General
This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them. Headings used in these
Terms of Use 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 MIMIUGG,Inc. to act with respect to a breach of this Agreement by you or
others does not constitute a waiver and shall not limit MIMIUGG,Inc.s rights with respect
to such breach or any subsequent breaches. This Agreement shall be governed by and
construed under law without regard to conflicts of law provisions. Any action or
proceeding arising out of or related to this Agreement or your use of this Site must be
brought in the China Beijing Court and you consent to the exclusive personal jurisdiction
of such courts. |
