USE OF SITE:
You represent and warrant that you are at least 18 years old or
visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement,
onVon.com hereby grants you a limited, revocable,
non-transferable and non-exclusive license to access and use the Site
by displaying it on your internet browser only for the purpose of
shopping for personal items sold on the Site and not for any commercial
use or use on behalf of any third party, except as explicitly permitted
by onVon.com in advance. Any breach of this Agreement shall
result in the immediate revocation of the license granted in this
paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works
from, translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit this Site or any portion of it unless expressly
permitted by onVon.com in writing. You may not make any
commercial use of any of the information provided on the Site or make
any use of the Site for the benefit of another business unless
explicitly permitted by onVon.com in advance. onVon.com
reserves the right to refuse service, terminate accounts, and/or cancel
orders in its discretion, including, without limitation, if
onVon.com believes that customer conduct violates applicable
law or is harmful to onVon.com¡¯s interests.
You shall not upload to, distribute, or otherwise publish through this
Site any Content, information, or other material that (a) violates or
infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or could give
rise to any civil or criminal liability under U.S. or international
law; or (c) includes any bugs, viruses, worms, trap doors, Trojan
horses or other harmful code or properties. onVon.com may
assign you a password and account identification to enable you to
access and use certain portions of this Site. Each time you use a
password or identification, you will be deemed to be authorized to
access and use the Site in a manner consistent with the terms and
conditions of this Agreement, and onVon.com has no obligation
to investigate the authorization or source of any such access or use of
the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF
THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY
ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS
ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL
COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT
LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You
shall immediately notify onVon.com of any unauthorized use of
your password or identification or any other breach or threatened
breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on
the Site, anything that you submit or post to the Site and/or provide
onVon.com, including without limitation, ideas, know-how,
techniques, questions, reviews, comments, and suggestions
(collectively, "Submissions") is and will be treated as
non-confidential and nonproprietary, and onVon.com shall have
the royalty-free, worldwide, perpetual, irrevocable and transferable
right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivative works from such Submissions by any
means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. All Submissions shall
automatically become the sole and exclusive property of
onVon.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post
comments or reviews to the Site, you also grant onVon.com the
right to use the name that you submit with any review, comment, or
other Content, if any, in connection with such review, comment, or
other content. You represent and warrant that you own or otherwise
control all of the rights to the reviews, comments and other Content
that you post on this Site and that use of your reviews, comments, or
other Content by onVon.com will not infringe upon or violate
the rights of any third party. You shall not use a false e mail
address, pretend to be someone other than yourself or otherwise mislead
onVon.com or third parties as to the origin of any Submissions
or Content. onVon.com may, but shall not be obligated to,
remove or edit any Submissions (including comments or reviews) for any
reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and
software (collectively, "Content"), belongs exclusively to
onVon.com or its content suppliers. The collection,
arrangement, and assembly of all content on this Site (the
"Compilation") belong exclusively to onVon.com. All software
used on this Site (the "software") is the property of onVon.com
or its Software suppliers. The Content, the Compilation and the
Software are all protected by U.S. and international copyright laws.
and other logos, slogans, trade names or words are registered
trademarks, trademarks or service marks of onVon.com, its
suppliers, or third parties. The use of any onVon.com trademark
or service mark without onVon.com's express written consent is
strictly prohibited. You may not use any onVon.com trademark or
service mark in connection with any non- onVon.com product or
service or in any way that is likely to cause confusion. You may not
use onVon.com's trademarks or service marks in any manner that
disparages or discredits onVon.com. You may not use any of the
onVon.com trademarks or service marks in meta tags without the
prior explicit consent of onVon.com.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies,
onVon.com may, without prior notice to you, immediately
terminate the Agreement or revoke any or all of your rights granted
under this Agreement. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the Site and
onVon.com shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s) and account identification
issued to you and deny your access to and use of this Site in whole or
in part. Any termination of this Agreement shall not affect the
respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of
termination.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT
GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS
OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE
PROVIDED BY ONVON.COM ON AN "AS IS" BASIS. ONVON.COM
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, ONVON.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM
INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR
TYPOGRAPHICAL ERRORS. ONVON.COM DOES NOT WARRANT THAT THE
CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ONVON.COM WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ONVON.COM¡¯S TOTAL LIABILITY TO YOU FOR ANY DAMAGES
(REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE
AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ONVON.COM
DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO
ONVON.COM'S LIABILITY.
ORDER ACCEPTENCE
Please note that there may be certain orders that we are unable to
accept and must cancel. ONVON.COM reserves the right, at 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.
TYPOGRAPHICAL ERRORS
While ONVON.COM strives to provide accurate product and
pricing information, pricing or typographical errors may occur.
ONVON.COM 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, ONVON.COM 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, ONVON.COM may, at our
discretion, either contact you for instructions or cancel your order
and notify you of such cancellation.
ARBITRATION
Where the parties fail to settle dispute within 30 days after such
dispute occurs, they agree to submit such dispute to Hong Kong
International Arbitration Center (the ¡°HKIAC¡±) 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.
LINKS
This site may contain links to other sites on the Internet that
are owned and operated by third parties. You acknowledge that
onVon.com is not responsible for the operation of or content
located on or through any such site.
REMEDIES
You agree that onVon.com's remedy at law for any actual or
threatened breach of this Agreement would be inadequate and that
onVon.com shall be entitled to specific performance or
injunctive relief, or both, in addition to any damages that
onVon.com may be legally entitled to recover, together with
reasonable expenses of any form of dispute resolution, including,
without limitation, attorneys' fees.
No right or remedy of onVon.com shall be exclusive of any
other, whether at law or in equity, including without limitation
damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by onVon.com of its rights or remedies
under these terms and conditions shall imply any obligation to grant
any similar, future or other waiver.