Dear Valued Customer,
Welcome to Energy Bagua website! To protect your interests, please be sure to read the following terms. Thank You!
1. AGREEMENT TO BE BOUND
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our affiliated companies for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these Terms. This agreement contains disclaimers and other provisions that limit our liability to you.
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING THE SERVICE, YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICE.
2. USER ELIGIBILITY
The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. If you are below 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
4. DESCRIPTION OF SERVICE
The Service is an innovative internet-based service that provide users the ability to purchase new and previously-owned art-works, including but not limited to ceramic, crystal, jewelry, glass, metal, wood, stone, jade, cloth, and print works, as well as furniture, sculptures, crafts, carvings, paintings, and drawings.
5. INTELLECTUAL PROPERTY AND THIRD PARTY CONTENT
We (and our licensors) own all legal right, title and interest (including all copyright and other intellectual property rights) in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on our servers and all materials displayed or performed on the Sites or in the Service, including, but not limited to, text, graphics, articles, photographs, images, illustrations (together, the “Content”). You shall not, without the prior written consent of the Company and the relevant rights holder, proceed with the use, modification, reproduction, broadcasting, alteration, distribution, publication, transmission, reorganization, recompilation or reverse translation of the Content. All rights are reserved by the Company and its licensors.
Unless expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services and/or locations featured on the Sites are in no way associated, linked or affiliated with us, and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Sites are owned by the respective trademark owners. Where a trademark or brand name is referred to is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us unless otherwise stated.
6. GRANT OF LICENSE AND ACCETABLE USE
Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicenceable and revocable limited licence to the Content to access and use the Service and to create and use an account on the Service (“Account”) solely for your own personal purposes.
You shall use the Service only in compliance with our standard policies then in effect and all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity and defamation).
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, hardware, server, software, operating system, networking, web servers and web services (collectively, the “Equipment”). You shall be responsible for ensuring that such Equipment and services are compatible with the Service and comply with all configurations and specifications set forth in our published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, ancillary services, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account, the Service or the Equipment with or without your knowledge or consent.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized use of the Sites.
You shall not:
a) have more than one Account at any given time, and you shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
b) collect, harvest or post anyone’s private information, including personally identifiable information of any kind through the Service;
c) use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Service and related information for any commercial purpose or for public use;
d) attempt to gain access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by us and through your Account, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, server or software that is part of the Service;
e) interfere or attempt to interfere with the proper functioning or performance of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
f) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by us; or
h) use the Sites, access the Service, or use your Account:
a. to transmit unauthorized communications, advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
b. in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
c. intentionally or unintentionally, in violation of any applicable law or regulation; or
d. to commit or encourage a criminal offense.
You may share, post, publish, or otherwise distribute links to the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice.
7. CHANGES TO THE SERVICE
We may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or Content by giving you advanced notice of such termination either (at our discretion) via email or posted on the Service. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.
8. ACCOUNT INFORMATION
The following rules govern the security of your Login Information:
a) you will not share your Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
b) you are required to provide accurate Account information and update that information promptly after it changes;
c) in the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify us and modify your Login Information; and
d) you are responsible for maintaining the accuracy, completeness and confidentiality of your Login Information, and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided your Login Information.
If you discover any unauthorized use of your Login Information or suspect that anyone may be able to access Your Content (defined below), you should immediately change your password and notify our Customer Support team.
9. USER CONTENT AND FEEDBACK
You agree that by providing content, materials or information in connection with your use of the Service (collectively, “Your Content”), you hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licenceable and transferable right to use, process, store, copy, display, perform, distribute, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) solely in connection with our provision of the Service. For clarity, the foregoing licence grant does not affect your ownership of or right to grant additional licenses to the material in Your Content.
At times, you may be given the opportunity to submit questions, comments or other information about the Service or otherwise to us (“Feedback”). You will and do hereby grant to us a fully paid-up, royalty free, perpetual, irrevocable, non-exclusive, worldwide, fully transferable and sub-licensable licence to use, enhance, develop, copy, modify and make derivative works of the Feedback and to make, use, sell, offer for sale and import any products or services based on the Feedback.
10. LINKS TO THIRD-PARTY SITES
The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
11. TERM AND TERMINATION OF SERVICE
The term of the Service begins on the date you create an Account and continues until terminated as contemplated below.
We may immediately terminate your access to the Service and any portion thereof for violation of these Terms, for illegal or improper use of the Service, Your Content, your Account or our intellectual property, as determined by us, acting reasonably. In this event, we may alternatively issue you a warning, suspend your Account, or temporarily or permanently ban your device and/or machine from accessing all or a certain Service.
If we terminate your Account, you may not participate in the Service again without our express permission. We reserve the right to refuse to keep an account for, or provide the Service to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account.
If your Account, or any other subscription to the Service is terminated or suspended, no refund will be granted and you will have no further access to your Account or the particular Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at [email protected]
12. CANCELLATION OF ACCOUNT
You have the right to cancel your Account at any time immediately and subject to a fee for the month during which the notice period falls, for any paid Services you have contracted for. If you do not agree to the Terms, your sole remedy is to not use the Service and to cancel your Account.
You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with us, including any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the Service or any change thereto; (3) your ability to access and/or use the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Service.
You may delete your Account by contacting Customer Support to cancel your Account. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account. Any delinquent Account, unpaid fees and other unresolved issues with Service must be settled before you establish a new Account.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY CONDITION OF DURABILITY, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SET OUT IN THE TERMS OF SALE.
WITHOUT LIMITING THE FOREGOING, NEITHER US OR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SERVICE OR ITS SOFTWARE WILL BE CORRECTED.
14. LIMITATIONS; WAIVERS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELY, THE “COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, OR THE UNAUTHORIZED USE OF YOUR ACCOUNT; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS; (viii) A DISTIBUTED DENIAL-OF-SERVICES ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT; OR (ix) ANY OTHER MATTER RELATING TO THE SERVICE.
OUR MAXIMUM LIABILITY ARISING OUT OF OR IN THE CONNECTION WITH THESE TERMS AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR SERVICES PROVIDED THROUGH THE SITES IN THE PREVIOUS 12 MONTHS, AND (ii) $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. RELEASE & INDEMNIFICATION
You agree to indemnify, save, and hold us and our affiliates, directors, officers, employees, consultants, and agents harmless from, and waive and release any and all claim which you have or may have in the future against us or our affiliates, directors, officers, employees, consultants, or agents, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or attributable to your use or misuse of the Service, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. UPDATES TO THE TERMS
We reserve the right to modify or remove all or any part of these Terms, the Sites, your Account, the Service or any products or services offered on the Sites, at any time and in our absolute sole discretion. We may provide you with notice of such modifications, by sending you an email message or posting a message on the Service. Your continued use of the Service will signify your acceptance of the modifications to the Terms.
17. ENTIRE AGREEMENT
18. GOVERNING LAW, DISPUTE RESOLUTION, FORUM FOR LEGAL DISPUTES
These Terms and any dispute arising out of or related to it or the Service will be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions.
You agree to attempt to resolve any disputes arising under the Terms by mutual agreement. Failure to attempt to mutually resolve any dispute under this agreement will constitute a breach of the Terms.
You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.
19. WAIVER AND SEVERABILITY
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any portion of these Terms or any other policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
21. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Both parties agree that there will be no favouritism in construction of the Terms, and that any ambiguity in the Terms will be resolved without preferential regard to one party or the other.
The authentic language of the Agreement is English and any translations provided are for convenience only. If there is any conflict between the English language version of this Agreement and any translation, then the English language version will prevail. You agree we may communicate with you in English during the term of this Agreement.