James Chen
Attn:
Copyright Agent
NO. 328 Xinghu Street
Suzhou,
Jiangsu
215000
China
support@luckpik.com
19. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive
redress.
20. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to
you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith.
21. GOVERNING LAW
These
Legal Terms shall be governed by and defined following the laws of
China
. Suzhou Dachuang Technology Co., Ltd.
and yourself irrevocably consent that the courts of
China
shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.
22. DISPUTE RESOLUTION
Informal Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought by either you
or us (individually, a "Party" and
collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least
sixty (60) days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in
connection with these Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European Arbitration
Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this
ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be three (3)
. The seat, or legal place, or arbitration shall be
Suzhou,
China
. The language of the proceedings shall be Chinese
. The governing law of these Legal Terms shall be substantive law of
China
.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to
utilize class action procedures;
and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
23. CORRECTIONS
There may be information on the
Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior
notice.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE LESSER OF
THE AMOUNT PAID,
IF ANY, BY YOU
TO US
DURING
THE
six
(6)
MONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
OR
$49.90
USD
.
CERTAIN
US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL
RIGHTS.
26. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand, including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) your Contributions;
(2) use of the
Services; (3) breach of these
Legal Terms; (4) any breach
of your representations and warranties set forth in these Legal Terms;
(5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (6) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our
defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware
of it.
27. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Services. You
agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from
any such
loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records,
or to payments or the granting of credits by any means other than
electronic means.
29. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)
445-1254.
30. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may have based on
the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
31. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please
contact us at:
support@luckpik.com
14. SOCIAL MEDIA