Terms of Service
This website and/or its mobile sites and applications, the “Site”, is owned and operated by www.Iomixe.com, the “Company”. These Terms of Use, “Terms of Use”, apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase on the relevant Company website, which is incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.
Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
Privacy Notice
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is located at www.Iomixe.com.
You consent to any personal information we obtain about you, whether via this Site, by email, telephone or any other means, being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.
License and Site Access
All contents available through this Site, including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, are the exclusive property of and owned by the Company, its licensors or its content providers, and are protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content.
The Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in the Company’s sole discretion.
The Company strictly prohibits any other use of any content available through the Site, including but not limited to:
● any downloading, copying or other use of the content or the Site for purposes competitive to the Company or for the benefit of another vendor or any third party;
● any caching, unauthorized linking to the Site or the framing of any content available on the Site;
● any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available;
● any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
● using any hardware or software intended to surreptitiously intercept or otherwise obtain any information, such as system data or personal information, from the Site;
● any action that imposes or may impose an unreasonable or disproportionately large load on the Company’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees, such as internet service provider or airtime charges. In addition, you must provide and are responsible for all equipment necessary to access the Site.
You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you shall terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice.
The Company neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with the Company.
Content You Submit
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content.
You may not upload, distribute or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
With respect to any content you submit, post, upload, publish or otherwise make available through the Site, other than personal information, which is handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media.
Any such content will not be treated as confidential.
Links
This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.
We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources.
Different terms and conditions and privacy policies may apply to your use of any linked sites or resources.
Disclaimers
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, ANY LINKED SITE, ANY PRODUCTS OR SERVICES, OR ANY USE OF THE SITE.
Your remedy for any of the above claims or any dispute with the Company is to discontinue your use of the Site.
Indemnities
You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever, including attorneys’ and experts’ fees, incurred by the Company Parties.
You shall defend the Company Parties against any and all claims arising out of:
- your breach of these Terms of Use;
- your breach of the Terms of Purchase;
- fraud you commit, or your intentional misconduct or gross negligence;
- your violation of any applicable law or the rights of a third party.
Electronic Communications
When you use the Site or send emails to the Company, you are communicating with the Company electronically.
You consent to receive electronically any communications related to your use of this Site.
The Company will communicate with you by email or by posting notices on this Site.
You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
Site Postings
The Site may provide users with the ability to post messages on the Site.
The Company is under no obligation to review any content posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content.
The Company, in its sole discretion, may monitor, decline to post or remove any such content.
Trademarks and Copyrights
The trademarks, logos and service marks displayed on the Site are the property of the Company or its licensors or content providers, or other parties.
Users or any parties acting on their behalf are prohibited from using any marks for any purpose without the written permission of the Company or such third party which may own the marks.
All contents, including any software programs available on or through the Site, are protected by copyright, trademark and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide the Company’s Copyright Agent with the required information in writing.
The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: service@Iomixe.com
The Company may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
Survival of Terms After Agreement Ends
Any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Force Majeure
The Company shall be excused from performance under these Terms of Use or the Terms of Purchase to the extent it is prevented from or delayed from performing, in whole or in part, as a result of events beyond the reasonable control of the Company, including weather conditions, acts of God, acts of war, acts of terrorism, riots, quarantines, embargoes, labour strikes or other similar causes.
Risk of Loss
The items purchased through the Site are shipped by a third-party carrier pursuant to a shipment contract.
As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Dispute Resolution
By using the Site in any way, you unconditionally consent and agree that any dispute, controversy, difference or claim arising out of or relating to this agreement shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules.
The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, “Hong Kong”.
The place of arbitration shall be Hong Kong. The number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre, and the arbitration proceedings shall be conducted in English.
General
If any provision set forth in these Terms of Use or the Terms of Purchase is deemed invalid, void or unenforceable, the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong.
For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a court located in Hong Kong.
Changes to These Terms of Use
You acknowledge and agree that the Company may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site.
Your continued use of this Site after any changes to the Terms of Use means you accept the changes.
Assignment
You may not assign these Terms of Use or the Terms of Purchase, or any rights, benefits or obligations hereunder, without the prior written consent of the Company.
The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.
Entire Agreement and Admissibility
These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals.
A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department of www.Iomixe.com by email at: