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Twinkle by Wenlan Terms & Conditions twinkle by wenlan and/or its affiliates (“Twinkle”) offers this website and all information, software, products and services available from this website or offered as a part of or in conjunction with this website (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices set forth below, including the separately posted Privacy Statement (collectively, the “Terms and Conditions”). YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS. Changes Twinkle reserves the right to make changes to any or all of the Terms and Conditions or to add new terms and conditions effective immediately upon notice, which may be given by any means, including by posting the changed or new Terms and Conditions on the Website. It is your responsibility to review the Terms and Conditions from time to time to make sure you are aware of any changes. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY TWINKLE. Twinkle reserves the right to modify the information contained in the Website without notice, and makes no commitment to update the information contained in the Website. Links to Third Party Websites The Website may contain hyperlinks to other websites. Such links are meant solely for your convenience and are accessed at your own risk. Twinkle has no control over, and is not responsible for the content found on, external websites. Links to such third party websites, including links to Twinkle’s affiliates, partners, dealers, distributors and related entities, do not constitute sponsorship, endorsement or approval of such websites or the contents thereof.Your Account If you use the Website and create an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. User Submissions You may post blogs, comments, photos, images, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not infringing of intellectual property rights, illegal, obscene, threatening, harassing, intentionally a false or misleading statement, libelous, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Twinkle reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do e-mail us, post content or submit material (including any data, questions, comments, images or the like), and unless we indicate otherwise, you grant Twinkle a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display all or any of such content or material throughout the world in any media. Such content and/or material is and will be treated as non-confidential and non-proprietary. You grant Twinkle and its sublicensees the right to use the name that you submit in connection with such content or material. You represent and warrant that you own or otherwise control all of the rights to the content and material that you post or transmit to us; that the content and/or material is accurate; that use of the content and/or material you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Twinkle for all claims resulting from content and/or material you supply. Twinkle has the right but not the obligation to monitor and edit or remove any activity, content and/or material. Twinkle takes no responsibility and assumes no liability for any content or material posted by you or any third party. Electronic Communications When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Privacy For information concerning Twinkle’s privacy policy, please read its Privacy Statement. Trademarks The trademarks (including the trademarks “twinkle by wenlan”, “twinkle living”, “Twinkle Yarn” and “twinkle jewels”), logos, graphics, scripts and service marks (collectively, the "Trademarks") displayed on the Website are trademarks or trade dress of Twinkle or appear on the Website with permission from their respective owners. Nothing contained on the Website should be construed as granting any license or right to you to use any Trademark displayed on the Website. Unauthorized use of any Trademark is strictly prohibited and may constitute trademark infringement, which could subject you to substantial civil and criminal penalties. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Twinkle so long as the link does not portray Twinkle, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Any unauthorized use terminates the permission or license granted by Twinkle. Twinkle will aggressively enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. Copyrights All material contained on the Website (including all texts, graphics, logos, images, software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, download (other than page caching) or sell any material contained on the Website without the prior written consent of twinkle by wenlan. Any unauthorized use of any materials on the Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes. Violation of this provision may result in substantial civil and criminal penalties. Indemnification You agree to defend, indemnify, and hold harmless Twinkle and its affiliates, directors, officers, employees and agents from and against any and all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to your breach of the Terms and Conditions or your access to or use of the Website. Products and Product Descriptions Twinkle does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. Twinkle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Twinkle attempts to be as accurate as possible. However, Twinkle does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by Twinkle is not as described, your sole remedy is to return it in unused condition. Termination Twinkle reserves the right to terminate at any time without notice: (i) your use of all or any portion of the Website, (ii) all or any portion of the Website, or (iii) all or any portion of the Terms and Conditions. The disclaimers, indemnities and limitations of liability in the Terms and Conditions shall survive termination of any of the foregoing. No Warranties THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS AS TO ACCURACY, COMPLETENESS OR TIMELINESS. TWINKLE DOES NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF MATERIALS OR IMAGES DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES UNRELATED TO TWINKLE. TWINKLE DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM TWINKLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU "AS IS” AND “AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. USE THE WEBSITE AT YOUR OWN RISK. ALL PRODUCTS AND SERVICES SOLD BY TWINKLE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS AS SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SALE FOR THOSE PRODUCTS AND SERVICES. EXCEPT AS EXPRESSLY STATED THEREIN, TWINKLE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, ONLY THE EXCLUSIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU. Limitation of Liability IN NO EVENT WILL TWINKLE BY WENLAN OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. TWINKLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE WEBSITE. TWINKLE ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY FILES, IMAGES, TEXT OR OTHER MATERIALS FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF TWINKLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES; THEREFORE, ONLY THE EXCLUSIONS OR LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF TWINKLE WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Procedure for Claims of Intellectual Property Infringement If you believe that we have published an image or text that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with written notice containing the following information: (1) your name, address, telephone number, facsimile number and e-mail address; (2) the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (3) a description of the copyrighted work or other intellectual property that you claim has been infringed; (4) a description of the image or text you claim is infringing; (5) the exact permanent URL for the page or a description of where the image or text that you claim is infringing is located on the Website; (6) evidence and information establishing or supporting ownership of a copyright or intellectual property right which is being infringed upon; (7) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and (8) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. Notices of claims of copyright or other intellectual property infringement should be directed to: Website Manager Severability; No Waiver If any provision of the Terms and Conditions is held unenforceable or invalid, such provision will be removed without affecting any other provision and the remaining provisions will continue to be valid and enforceable and construed in accordance with applicable law as nearly as possible to reflect the original intentions of Twinkle. Failure by Twinkle to enforce any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. Governing Law and Jurisdictional Issues The Website is controlled and operated by Twinkle from its principal office in the State of New York, USA. Twinkle makes no representation that materials on the Website are appropriate or available for use in other locations. If you choose to access the Website from other locations, you do so at your own initiative and are responsible for compliance with all applicable local laws, rules and regulations, including, without limitation, export laws and regulations. The laws of the State of New York will govern the enforcement of the Terms and Conditions and any disputes that may arise hereunder or result from your use of the Website, without regard to its conflicts of law principles. The Website is not intended to subject Twinkle to the laws or jurisdiction of any state, country or territory other than the State of New York and the United States of America. You agree to submit to the exclusive personal jurisdiction and venue of any state or federal court located in the State of New York. Additionally, any claims brought against Twinkle shall be governed by and construed in accordance with the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, the Terms and Conditions or use of the Website shall be in the state or federal courts located in the State of New York. Notwithstanding the foregoing, you agree that Twinkle shall be allowed to apply for injunctive remedies (or an equivalent type of urgent relief) in any jurisdiction. Entire Agreement The Terms and Conditions constitute the entire agreement and understanding between you and Twinkle with respect to use of the Website, superseding all prior or contemporaneous agreements, communications and/or proposals. |
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