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1.2 By law or regulation, you must be at least 16 years of age. If the laws of your country require full civil capacity beyond the age of 16, you should have reached the required age. If You register as a User on the Site, Bubgo will assume that You are a person of full civil capacity by default.
1.3 You acknowledge and agree that Bubgo may modify any of the Terms at any time by posting the relevant amended and restated Terms on the Site. By using the Service or the Site, you agree that the modified Terms apply to you.
1.4 If Bubgo posts or provides a translation of the English version of the Terms. You agree that such translation is for convenience only and that your use of the Service or the Site will be subject to the English version.
1.5 You may be required to enter into a separate agreement ("Additional Agreement") with Bubgo or our affiliates for any of the Services, whether online or offline. In the event of any conflict or inconsistency between these Terms and the Additional Agreement, the Additional Agreement will prevail over these Terms only to the extent that it relates to that Service.
1.6 These Terms may not be modified except in writing by an authorized officer of Bubgo.
2. General Terms
2.1 Subject to any additional agreements, these Terms constitute the entire agreement between you and Bubgo with respect to the use of the Site and Services and supersede any prior agreements, written or oral, relating to the same subject matter as this Agreement.
2.2 Bubgo and You are independent contractors and these Terms do not purport or create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship.
2.3 If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall remain valid and enforced.
2.4 Headings are for reference purposes only and do not define, limit, interpret or describe the scope or extent of such section.
2.5 Bubgo's failure to enforce any right or take action against you for breach of these Terms shall not constitute a waiver of that right, nor shall it constitute a waiver by Bubgo of any subsequent or similar breach.
2.6 Bubgo reserves the right to assign these Terms (including all of our rights, title, interest, obligations, and liabilities hereunder) to any person or entity (including any of Bubgo's affiliates). You may not assign these Terms, in whole or in part, to any person or entity.
2.7 These Terms and Conditions shall be governed by the laws of Hong Kong without regard to its conflict of laws provisions. For all European transactions, a third party provides business payment support. For all other transactions, the different Bubgo website entities are independent responsible parties.
3. Member Accounts
3.1 Users must register on the Website to access or use certain Services.
Unless approved by Bubgo, a User may register for only one Member Account on the Site. Bubgo may cancel or terminate a User's Member Account if Bubgo reasonably suspects that the User is registering or controlling two or more Member Accounts at the same time. In addition, Bubgo may reject a User's registration application for any reason.
3.2 Upon registration on the Website, Bubgo will assign each Registered User an account and issue a Member ID and password (which the Registered User will apply for using his or her email address and customize), collectively referred to hereinafter as the "Member ID".
3.3 A set of Member IDs and password is unique to an account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password, and all activities that occur under your account. No member may share, transfer or allow anyone other than the member's own business entity to use your member account or password. Member agrees to notify Bubgo immediately if you become aware of any unauthorized use of your password or your account or any other breach of the security of your account.
3.4 Member agrees that all activities that occur under your account (including, but not limited to, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to any service or paying for any service, sending emails, or sending text messages using an email account) will be deemed to have been authorized by Member.
3.5 Member acknowledges that sharing your account with others or allowing multiple users other than your business entity to use your account (collectively, "Multiple Use") may cause irreparable harm to Bubgo or other users of the Site. Member shall indemnify Bubgo, our affiliates, directors, employees, agents, and representatives for any loss or damage (including, without limitation, lost profits) suffered by Bubgo, our affiliates, directors, employees, agents, and representatives as a result of the multiple uses of your account. Member further agrees that Bubgo shall not be liable for any loss or damage arising from multiple uses of your account or Member's failure to maintain the security of your account and shall have the right to suspend or terminate Member's account without liability to Member.
4. General Information for Users
4.1 As a condition of your access to and use of the Site or Services, you agree to comply with all applicable laws and regulations in connection with your use of the Site or Services.
4.2 You agree to use the Site or Services only for your private and internal purposes. You agree to the following. (a) You will not copy, reproduce, download, republish, sell, distribute or resell any of the Services or any information, text, images, graphics, video clips, sounds, directories, files, databases or listings, etc., or content made available through the Site ("Site Content"). (b) You may not copy, reproduce, download, compile or use the Site Content for the purpose of operating a business that competes with Bubgo or otherwise. Systematic retrieval of Site Content from the Site, creation or compilation, directly or indirectly, of collections, compilations, databases, or directories (whether by robots, spiders, automated devices or manual processes) without Bubgo's written permission is prohibited. Use of any content or material on the Site for any purpose not expressly permitted in these Terms is prohibited.
4.5 You agree not to take any action that would undermine the integrity of Bubgo's and/or any other user's computer systems or networks or gain unauthorized access to such computer systems or networks.
4.6 You agree not to take any action that may undermine the integrity of Bubgo's feedback system, such as leaving positive feedback for yourself using a secondary member ID or through a third party or leaving unverified negative feedback for other users.
4.7 By posting or displaying any information, content, or material on the Site ("User Content"), or providing any User Content to Bubgo.com or our representatives, you grant Bubgo.com an irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) license to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify and translate, create derivative works, such as product descriptions for Bubgo.com, and advertising outside of Bubgo.com. Bubgo.com, advertising outside of Bubgo.com, and using any or all of the User Content in any form, media or technology, now known or unknown, in any manner and for any purpose that may benefit the operation of the Site, the provision of any services and/or the user's business. You acknowledge and warrant to Bubgo that you have all the rights, powers, and authority necessary to grant the above license.
5. Provision of the Services
5.1 You must register as a Member on the Website to access and use certain Services. In addition, Bubgo reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or to comply with such other conditions as Bubgo may impose at its discretion.
5.2 Certain Services may be provided by Bubgo's affiliates on Bubgo's behalf.
5.3 The Services (or any features within the Services) may vary from region to region and country to country. We do not warrant or represent that a particular Service or feature or function thereof or the same type and level of Service or feature and function thereof will be available to Users, and Bubgo may, in its sole discretion, restrict, deny or establish different levels of access to and use of any Service (or any feature within the Service) for different Users.
5.4 Bubgo may introduce, change, upgrade, set conditions for, suspend or discontinue any Service (or any feature in the Service) without prior notice, provided that in the case of a paid Service, such change will not materially and adversely affect the enjoyment of such Service by the paying User.
6. Responsibilities of Members
6.1 Each Member represents, warrants, and agrees that they have full power and authority to accept the terms of this Agreement.
6.2 Members will be asked to provide information or materials about your entity as part of the process of registering for a Member Account on the Site. Each Member represents warrants and agrees that. (a) Such information and materials, whether submitted during the registration process or thereafter in the continued use of the Site or the Services, are true, accurate, current, and complete. (b) You will maintain and promptly revise all information and materials to keep them true, accurate, current, and complete.
6.4 Each Member represents, warrants and agrees that any User Content they submit, post, or display does not infringe or violate the copyright, patent, trademark, trade name, trade secret, or any other personal or proprietary rights of any third party ("Third Party Rights").
6.5 Each Member further represents, warrants, and agrees that the User Content submitted, posted, or displayed by you shall (a) be true, accurate, complete, and lawful (b) not be false, misleading, or deceptive (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, pornographic, or harmful to minors (d) Does not contain information that is discriminatory or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age (e) does not contain any links, directly or indirectly, to any other website that includes any content that may violate these Terms.
6.6 Each Member further represents, warrants, and agrees that you shall (a) comply with any applicable laws and regulations in conducting your activities on the Site. (b) Conduct your activities under the Terms and any additional applicable agreements. (c) Not use the Services or the Site to defraud any person or entity. (d) Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity. (e) Not engage in spamming or phishing. (f) Not engage in any other illegal activities (including, but not limited to, those that would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any illegal activities. (g) Not be involved in any attempt to copy, reproduce, exploit or expropriate Bubgo's proprietary directories, databases, and listings of any kind. (h) Does not involve any computer viruses or other destructive devices and code that can destroy, interfere with, intercept or expropriate any software or hardware system, data, or personal information. (i) Not be involved in any scheme to undermine the integrity of or gain unauthorized access to data, systems, or networks used by any user of Bubgo and/or the Site. (j) not engage in any activity that would create any liability for Bubgo or our affiliates.
6.7 Members shall not use the Services and Member account information to engage in activities that are identical or similar to Bubgo's e-commerce business.
6.8 The Member agrees to provide all necessary information, data, and approvals and to provide all reasonable assistance and cooperation to Bubgo in providing the Services, assessing whether the Member has violated these Terms and/or handling any complaints against the Member. In the event of any delay, suspension, or termination of the Services due to the Member's failure to comply with the above obligations, Bubgo shall have no obligation to extend the relevant Services and shall not be liable for any loss or damage arising from such delay, suspension or termination.
6.9 The Member acknowledges and agrees that Bubgo is not required to actively monitor the content of any information or materials created, obtained, or accessed through the Service or the Website, nor is any editorial control required. bubgo does not endorse, verify or otherwise certify the content of any comments or other materials or information from any Member. Each Member is solely responsible for the content of his or her communications and may be held legally responsible or accountable for the content of his or her comments or other materials or information.
7. Violations by Members
7.1 Bubgo reserves the right, in its sole discretion, to remove, modify or reject any User Content that you submit, post, or display on the Site that we have reason to believe is illegal, violates the Terms, could expose Bubgo or our affiliates to liability, or that Bubgo deems inappropriate.
7.2 If any Member violates any of the Terms, or Bubgo has reasonable grounds to believe that any Member has violated any of the Terms, Bubgo reserves the right to penalize such Member or to suspend or terminate such Member's account or subscription to any of the Services without liability to such Member. bubgo also reserves the right to restrict, refuse or prohibit any and all current or future use of any of the other services that Bubgo may provide. Bubgo may impose penalties including warnings, removal of any product listings or other User Content submitted, posted, or displayed by a Member, limitations on the number of product listings a Member may post or display, or limitations on a Member's use of any feature or function of any Service for such period as Bubgo deems appropriate.
7.3 Without limiting the generality of the provisions of these Terms, a Member shall be deemed to be in breach of these Terms in any of the following circumstances (a) Bubgo has reasonable grounds to suspect that the Member has used a stolen credit card or other false or misleading information in connection with a transaction with a counterparty. (b) Bubgo has reasonable grounds to suspect that any information provided by such Member is not current or complete, or is untrue, inaccurate or misleading, or (c) Bubgo believes that the Member's actions may cause financial loss or legal liability to Bubgo, our affiliates, or any other user.
7.4 Bubgo reserves the right to cooperate fully with governmental authorities, private investigators, and/or aggrieved third parties in the investigation of any suspected criminal or civil wrongdoing. In addition, Bubgo may disclose a Member's identity and contact information if requested by government or law enforcement authorities, an aggrieved third party, or as a result of a subpoena or other legal action. bubgo shall not be liable for damages or results arising from such disclosure. The Member agrees not to bring any action or claim against bubgo as a result of such disclosure.
7.5 If a Member violates these Terms, Bubgo shall also have the right to post a record of such violation on the Site. Bubgo also reserves the right to disclose a record of such breach to our Affiliates if the breach involves or is reasonably suspected of involving dishonest or fraudulent conduct. Such Bubgo Affiliates may restrict, suspend or terminate Member's use of all or part of the services provided to Member by such Affiliates, take other remedial action, and post a record of Member's violation of the Terms on websites operated or controlled by such Bubgo Affiliates.
7.6 If Bubgo receives notice that it believes that a Member has breached any agreement or commitment with any Bubgo Affiliate and that such breach involves, or is reasonably suspected to involve, dishonesty or fraud, Bubgo may, at any time and in its reasonable discretion, restrict, suspend or terminate the Member's access to any of the Services or the Site without liability to the Member. Bubgo reserves the right to Bubgo is not required to investigate such violations or to request confirmation from the Member.
7.7 Each Member agrees to indemnify and hold Bubgo, our affiliates, directors, employees, agents, and representatives harmless from and against any and all damages, losses, claims, and liabilities (including legal fees on a full indemnity basis) that may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your violation of these Terms.
7.8 Each Member further agrees that Bubgo is not responsible or liable to you or anyone else for any User Content or other material transmitted through the Site, including material that is fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illegal, and that the risk of loss resulting from such material rests solely with each Member. bubgo.com reserves the right, at its own expense, to assume any liability for Member's exclusive defense and control of matters subject to indemnification by Member, in which case Member shall cooperate with Bubgo in asserting any available defenses.
8. Limitation of Liability
8.1 to the maximum extent permitted by law, the services provided by bubgo on or through the website are provided "as is," "as available," and "as available for all faults." Bubgo hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
8.2 To the fullest extent permitted by law, Bubgo makes no representations or warranties as to the validity, accuracy, correctness, reliability, quality, stability, completeness, or timeliness of any information provided on or through the Site; Bubgo. com does not represent or warrant that the manufacture, import, export, distribution, provision, display, purchase, sale, and/or use of the products or services offered or displayed on the Site does not violate any third party rights. Bubgo makes no representations or warranties of any kind with respect to any products or services offered or displayed on the Site.
8.3 Any material downloaded or otherwise obtained through the Site is at the sole discretion and risk of each User, and each User is solely responsible for any damage to Bubgo's computer system or loss of data that may result from the download of any such material. no advice or information, whether oral or written, obtained by any user from bubgo or through or from this site shall create any warranty not expressly stated herein.
8.4 Each User hereby further agrees to indemnify and hold harmless Bubgo, our affiliates, directors, officers, and employees from and against any and all losses, damages, claims, liabilities (including legal fees for full indemnification) that may arise directly or indirectly from claims by third party rights claimants or other third parties in connection with products offered or displayed on the Site. Each User hereby further agrees that Bubgo shall not be liable for any material posted by others, including defamatory, offensive, or illegal material, and that the risk of damage resulting from such material rests solely with each User. bubgo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with bubgo in asserting any available defenses.
8.5 Bubgo shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including, but not limited to, loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise, or any other damages arising out of (a) the use or inability to use the Site or Services (b) Any defect in the goods, samples, data, information, or services purchased or obtained from the User or any other third party through the Site. (c) Unauthorized access by third parties to any User's data or private information. (d) Statements or conduct of any User on the Site; or. (e) any matter relating to the Services, however arising, including negligence.
8.6 Notwithstanding the foregoing, the aggregate liability of Bubgo, our employees, agents, affiliates, representatives, or anyone acting on our behalf for all claims arising out of the use of the Site or the Services by each User in any calendar year shall be limited to the greater of (a) the amount of fees paid by the User to Bubgo or our affiliates during such calendar year and (b) $150. The preceding sentence shall not preclude the user from proving actual damages. All claims arising out of the use of the Site or the Services must be brought within one (1) year after the cause of action arises.
8.7 The limitations and exclusions of liability to you set forth in these Terms shall apply to the fullest extent permitted by law and shall apply whether Bubgo has been advised or should have known of the possibility of any such damages.
9. Transactions between the Customer and Bubgo
9.1 The Customer agrees to provide all information and materials reasonably requested by Bubgo in connection with an order on Bubgo.com. Bubgo reserves the right to suspend or terminate any Customer's account if the Customer fails to provide the requested information and materials or provides inaccurate or fraudulent information.
9.2 Each User agrees that Bubgo shall not be responsible or liable for any damages, claims, liabilities, costs, injuries, inconvenience, business interruption, or expenses arising out of or in connection with the use or storage of any products purchased from Bubgo.com.
9.3 Bubgo will maintain all applicable PCI DSS standards and protect all data provided by the Cardholder.
9.4 We will assume the risks and liabilities associated with the shipment of goods. In some cases, these responsibilities and risks will be transferred to the courier logistics service provider. The risk of loss of the goods will pass to you after you have signed for the goods.
10. Intellectual Property Rights
10.1 Bubgo is the sole owner or legal licensee of all rights and interests in the Site and the Site Content. The Site and Site Content contains trade secrets and other intellectual property rights protected by worldwide copyright and other laws. All right, title, and intellectual property rights in and to the Site and Site Content are vested in Bubgo, our affiliates, or the licensor of the Site Content, as the case may be, and all rights not claimed under the Terms or by Bubgo are hereby reserved.
10.2 "Bubgo.com" and related icons and logos are registered trademarks, trademarks, or service marks of Bubgo.
10.3 Bubgo may have independent third parties involved in providing the Services (e.g., authentication and certification service providers). You may not use any of their trademarks, service marks, or logos without the prior written approval of such independent third parties.
11.1 All legal notices or requests sent to the User shall be effective if delivered in person, sent by courier, certified mail, fax or email to the last known mailing, fax or email address provided by the User to Bubgo, or if such notices or requests are posted publicly on the Website. A notice sent to a User shall be deemed to be received by such User in the following circumstances. (a) Bubgo can demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) Bubgo posts such notice in an area of the Site that is freely accessible to the public, effective immediately upon posting.
11.2 You agree that all agreements, notices, requests, disclosures, and other communications sent to you by Bubgo electronically, consistent with the law requirements, shall be in writing for such communications.
12. Force Majeure
12. 1 In no event shall Bubgo be liable for delays, failures, or interruptions in the content or services of the Site caused directly or indirectly by acts of nature, force, or causes beyond our reasonable control, including, but not limited to, internet failure, failure of computer telecommunications or any other equipment, power failure, strikes, labor disputes, riots, insurrections, civil unrest, labor or material shortages, fire, flood, storm, explosion, the act of God, war, governmental action, domestic or foreign court or tribunal orders, or failure of third parties to perform their obligations.
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