For purposes of this Agreement:
The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services, you
represent and warrant that you are 13 or older. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and"your" will refer and apply to that company or other legal entity.
In order to access certain features of the Site and Services and to post
any Member Content on the Site or through the Services, you must register to become a Member of the Site by creating an account("Account"). You may create an Account in two ways: (i) by using youremail address, or (ii) by logging into the Site and Services with your Facebook account using Facebook Connect.
When you create an Account using your email address, you’ll be prompted to select a password. Keep your password safe, and don’t disclose it or share your Account credentials with anyone else. All activities or actions taken under your Account are your sole responsibility, whether you authorized them or not. If you learn of or suspect any unauthorized use of your Account, please notify us immediately. You agree to provide accurate, current, and complete information during the registration process and to keep your information updated, and you acknowledge that DANKUNG.COM may, at its sole discretion, suspend or terminate your Account if any information you provide is inaccurate, out-of-date, or incomplete.
The Site, Services, and Site Content are protected by copyright,trademark, and other laws of the United States and foreign countries.All trademarks, service marks, logos, trade names, and any other proprietary designations of DANKUNG.COM used herein are trademarks or registered trademarks of DANKUNG.COM. Any other trademarks, service marks,logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Except as expressly provided in this Agreement, DANKUNG.COM and its licensors exclusively own all right, title, and interest in and to the Site,Services, and Site Content, including all associated intellectual property rights. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, or Site Content.
Subject to your compliance with the Agreement, DANKUNG.COM grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to (i) access, view, download, and print any DANKUNG Content and (ii) access and view any Member Content solely for your personal and non-commercial purposes (the “Member License”). You may not
use, copy, adapt, modify, prepare derivative works based upon,distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, or otherwise exploit the Site, Services,or Site Content except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DANKUNG.COM or its licensors, except for the licenses and rights expressly granted in this Agreement. DANKUNG.COM reserves the right to terminate your Member License immediately, without prior notice to you or an opportunity to cure, in the event you fail to comply with any term or condition of the Agreement, and as otherwise expressly provided herein.
We may, in our sole discretion, permit Members to post, upload, publish,
submit, or transmit Member Content to or through the Site or Services.By making available any Member Content through the Site or Services, you
grant to DANKUNG.COM a worldwide, irrevocable, perpetual, non-exclusive,transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view,and otherwise exploit such Member Content only on, through, or by means of the Site or Services (the “Member Content License”). The Member Content License shall survive any non-compliance with this Agreement (by
either party) and any deactivation of your Account. This means that your Member Content may remain on the Site and Services indefinitely,even if you or we violate the Agreement, and even if you deactivate your
Account (but in anonymized form that is not associated with your name,email address, or other information that could directly identify you).DANKUNG.COM does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member
Content that you make available through the Site and Services.Accordingly, you represent and warrant that: (i) you either are the sole
and exclusive owner of all Member Content that you make available through the Site and Services, or you have all necessary rights,licenses, consents and releases to grant to DANKUNG.COM the rights in such Member Content, as contemplated under this Agreement; and (ii) neither the Member Content, nor your posting, uploading, publication,submission, or transmittal of the Member Content, nor DANKUNG.COM’s use ofthe Member Content (or any portion thereof) on, through, or by means of the Site and Services, will infringe, misappropriate, or violate a third
party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
DANKUNG.COM reserves the right, but has no obligation, to monitor the Member
Content you post on the Site or Services. We reserve the right to remove any Member Content for any reason or no reason, including without
limitation if in our sole opinion such information or material violates, or may violate, any applicable law or any term of the Agreement, or to protect or defend our rights or property or those of any third party. DANKUNG.COM also reserves the right to remove Site Content,
including Member Content, upon the request of any third party, but shall have no obligation to do so except as required by applicable law,court order, legally binding agreement, or other such authority.
You agree not to do any of the following:
DANKUNG.COM will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DANKUNG.COM may involveand cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that DANKUNG.COM has no obligation to monitor your access to or use of the Site, Services, or Site Contentor to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. DANKUNG.COM reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that DANKUNG.COM, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Site or Services.
DANKUNG.COM follows copyright and other intellectual property law and expects its users to do the same. DANKUNG.COM has adopted and implemented apolicy that provides for the termination in appropriate circumstances of
registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. For more information, please see our
Intellectual Property Policy
, which is incorporated into this Agreement.
The Site and Services may contain links to third-party websites orresources ("Third-Party Services"). Links to Third-Party Services do not
and we have no control over or responsibility for their terms and conditions, privacy policies, or practices, which may differ from ours.You acknowledge sole responsibility for and assume all risk arising from
your use of any Third-Party Services or links thereto.
We may use third-party link replacement services such as VigLink and Skimlinks to substitute links to other websites with affiliated links,and we may earn commissions when these links are clicked and/or lead to a user transaction.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Site or Services at any time and without prior notice to you. If you breach any part of the Agreement, we shall have the right to suspend or disable your Account or terminate this Agreement, at our sole discretion and without prior notice to you. We reserve the right to
revoke your access to and use of the Site, Services and Site Content,and/or to remove contents you have created, at any time, with or without cause, for any reason or no reason. You may deactivate your Account at any time by sending an email to dankungsports@DANKUNG.COM.
THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THEFOREGOING, DANKUNG.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. DANKUNG.COM MAKES NO WARRANTY THAT THE SITE, SERVICES, OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DANKUNG.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCT(S), SERVICE(S), OR SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS,TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DANKUNG.COM OR THROUGH THE SITE, SERVICES, OR SITE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless DANKUNG.COM and its officers, directors, employees, and agents from and against any claims,liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services,or Site Content, (ii) your Member Content, or (iii) your violation of this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE,SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER DANKUNG.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE,SERVICES, OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY
TO USE THE SITE, SERVICES, OR SITE CONTENT, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DANKUNG.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL DANKUNG.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR SITE CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100).THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DANKUNG.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement shall be governed by the laws of the State of California without regard to its choice or conflict of laws provisions. All claims arising out of or relating to this Agreement, the Site, or the Services will be litigated exclusively in the state or federal courts located in San Francisco County, California, and you consent to, and waive any objection to, personal jurisdiction in those courts.
The Site and Services are controlled and operated from the United States, and DANKUNG.COM makes no representations that they are appropriate or available for use in other locations.
Entire Agreement; Severability:
These Terms, together with the
constitute the entire and exclusive understanding and agreement between DANKUNG.COM and you regarding the Site and Services. This Agreement supersedes and replaces any and all prior oral or written understandings
or agreements between DANKUNG.COM and you regarding the Site, Services, and
Site Content. Please note, however, that certain areas of the Site (and
your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. Those terms and conditions shall govern only with regard to the area of the Site, Services, or Site
Content to which they apply, and are distinct from and supplemental to this Agreement, and do not supersede this Agreement. To the extent that there is any conflict between those terms and conditions and this Agreement, this Agreement shall control, except as otherwise provided in
From time to time, we may run contests, special offers, or other events or activities ("Events") on DANKUNG together with a third party partner
("Event Partner"). Events may be governed by terms and conditions that are distinct from these Terms. Those terms and conditions shall govern only with regard to that Event and do not supersede this Agreement. To the extent that there is any conflict between an Event’s terms and conditions and this Agreement, the Event’s terms and conditions shall control.
If for any reason a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, that provision will been forced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect.
You may not assign or transfer this Agreement, by operation of law or otherwise, without DANKUNG.COM’s prior written consent. Any attempted transfer or assignment in violation of the Agreement shall be null and void. DANKUNG.COM may assign or transfer the Agreement without restriction.Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder,including those regarding modifications to the Agreement, will be in writing and given by DANKUNG.COM (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or Services. Fornotices made by email, the date of transmission from DANKUNG.COM will be deemed the date on which such notice is transmitted. For notices made by
posting to the Site or Services, the date on which such notice is posted will be deemed the date on which such notice is transmitted.
DANKUNG.COM’s failure to assert any right or provision of the Agreement shall not constitute a waiver of that or any other right or provision.No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term. No waiver of any right or provision will be effective unless made in writing and signed by a duly authorized representative of DANKUNG.COM. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise.
ACCEPTANCE OF ORDERS - All orders are subject to written price verification by authorized Our Company personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
SUBSTITUTION - Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Our Company .
PRICE - Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Our Company . A price designated as firm for a specific period may be revoked by Our Company if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by Our Company. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
TRANSPORTATION - Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
PACKING - Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
PAYMENT TERMS - The discount applies only to the invoiced value of the material (not to taxes or freight charges). Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by Our Company. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, Our Company may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
TAXES AND IMPORT/EXPORT LICENSES - Prices do not include taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
TITLE AND RISK OF LOSS - Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Our Company until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Our Company .
RETURN OF PRODUCTS - Goods can be returned in 30 days. Size wrong items and quality problem items can be exchanged. Customers returning goods are responsible for freight charges.
FORCE MAJEURE - Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Our Company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which YILIDA Company deems fair and reasonable. In no event shall Our Company be liable for special or consequential damages for any delay for any cause.
REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to Our Company, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
LIABILITY - Our Company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. If such timely claim is made by Buyer, and the claim is deemded valid by Our Company, Our Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at Our Company's option, crediting Buyer with the invoice price of the deficiency.
WARRANTY - All goods sold by Our Company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is nonassign able and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of Our Company has any authority to bind Our Company to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to Our Company in writing within five (5) days from the date the goods are received by Buyer.
Our Company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Our Company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
REMEDIES AND LIMITATION OF LIABILITY - Our Company shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. Our Company's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at Our Company's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If Our Company requests the return of the goods, the goods will be redelivered to Our Company in accordance with Our Company's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against Our Company for breach of any of Our Company's obligations, whether of warranty or otherwise. As long as Our Company makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
SELECTION - Buyer represents that the goods sold here under are fit for their actual or intended use and that Buyer placed no reliance on Our Company's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless Our Company, its successors, assigns and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed Our Company for any alleged violation of any federal, slate or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered here under.
CHOICE OF LAW - This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of the State of Florida as if it were executed and performed entirely within the State of Florida. Further, it shall be construed to be between merchants.
GENERAL - Our Company specifically represents that any goods to be delivered here under will be produced in compliance with the requirements of the Fair Labor Standard Act of 1939, as amended.
EMAILS - When you register on our site, which means you agree that we can send you our updates and promotional emails, if you don't want to receive them anymore,you can unsubscribe in any of our emails.
Changes to the Agreement:
We may revise the Agreement from time to time, without prior notice to you. The most current version of the Agreement will always be posted to the Site and Services, and we may also notify you of revisions, at our sole discretion, by other means (such as by email). We will update the"Last Updated" date at the top of these Terms when we post a revision,and such date shall constitute the effective date of the Agreement. By continuing to access or use the Site or Services after we’ve posted are vision, you agree to be bound by the revised Agreement, so please check back regularly for any revisions. If you do not agree to the revised Agreement, please stop using the Site and Services.
We want to hear from you! If you have any questions or comments about this Agreement, the Site, or the Services, please contact us at dankungsports@DANKUNG.COM or at the following address:
YuQuan road, 6
HaiDian Qu, BeiJing,China