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Terms & Conditions
The Site, as well as the websites of our
affiliates and subsidiaries, are currently being provided free-of-charge to
you. The terms "you", "your", and "yours" refer
to the customer/purchaser utilizing our site(s). The terms "xikooh.com",
"we", "us", and "our" refer to xikooh.com, Inc.,
and its affiliates, and subsidiaries. We reserve the right to change the nature
of this relationship at any time and to revise these Terms and Conditions from
time to time as we see fit. If you violate the terms of this agreement you will
have your access canceled and you may be permanently banned from using the Site
and any interactive services. You should check these terms and conditions
periodically. By using the Site after we post changes to these Terms and
Conditions, you agree to accept those changes, whether or not you actually
reviewed them.
Entering the Site will constitute your acceptance of these
Terms and Conditions. If you do not agree to abide by these terms, please do
not enter the Site.
We do not discriminate on the basis of age, race, national origin,
gender, sexual orientation or religion.
Privacy
Please review our Privacy and Security Statement, which also
governs your visit to the Site, to understand our practices.
Copyright
You acknowledge that the Site contains information, data,
software, photographs, graphs, videos, typefaces, graphics, music, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the CHN. Copyright laws, and we own a copyright in the
selection, coordination, arrangement, and enhancement of such Content. You may
not modify, remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit any of
the Content, in whole or in part. If no specific restrictions are displayed,
you may make copies of select portions of the Content, provided that the copies
are made only for your personal use and that you maintain any notices contained
in the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence or as
permitted by the fair use privilege under the CHN. Copyright laws, you may not
upload, post, reproduce, or distribute in any way content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
the Site or any information displayed on the Site, through the use of framing
or otherwise, except: (a) as expressly permitted by these Terms and Conditions;
or (b) with our prior written permission or the prior written permission from
such third party that may own the trademark or copyright of information
displayed on the Site.
Intellectual
Property Infringement
xikooh.com relies upon a network of independent Associates and
vendors who supply some of the goods advertised on the site and, in some cases,
drop ship them directly to our customers. Xikooh.com is not liable for any infringement
of copyrights, trademarks, trade dress or other proprietary or intellectual
property rights arising out of Content posted on or transmitted through the
Site, or items advertised on the Site, by its Associates. If you believe that
your rights under United States or international copyright laws are being
violated by any Content posted on or transmitted through the Site, or items
advertised on the Site, please contact us promptly so that we may investigate
the situation and, if appropriate, block or remove the offending Content and/or
advertisements. It is our policy to disable access to infringing materials, and
to terminate access of repeat infringers to the Site. In order for us to
investigate your claim of infringement, you must provide us with the following
information:
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
A description of the copyrighted work or other intellectual
property that you believe has been infringed;
A description of where the material that you claim is
infringing is located or identified on the Site; Your name, address, telephone
number, and e-mail address;
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright or intellectual property
owner, its agent, or the law; and A statement by you, made under penalty of
perjury, that the information submitted to us is accurate and that you are the
owner of the copyright or intellectual property or authorized to act on behalf
of the owner of the copyright or intellectual property.
Xikooh.com and other marks indicated on the Site are
registered trademarks or registered service marks of xikooh.com, in the China
and other countries. Our graphics, logos, page headers, button icons, scripts,
and service names are trademarks or trade dress of xikooh.com. Xikooh.com's
trademarks and trade dress may not be used in connection with any product or
service that is not xikooh.com's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits xikooh.com.
All other trademarks not owned by us that appear on the Site are the property
of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by xikooh.com.
Site access
You may not download (other than page caching) or modify the
Site or any portion of it, without our express, written consent. This includes:
a prohibition on any resale or commercial use of the Site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of the Site or its contents; any downloading or copying of
account information for the benefit of another merchant; and any use of data
mining, robots, or similar data gathering and extraction tools. The Site or any
portion of the Site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without our express,
written consent. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of xikooh.com or its affiliates without our express, written
consent. You may not use any meta tags or any other "hidden text"
utilizing our name or trademarks without our express, written consent.
Your account
If you use the site, you are responsible for maintaining the
confidentiality of My Account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under My Account or password. We and our affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in our
sole discretion.
Export
The CHN. Export control laws regulate the export and
re-export of technology originating in the China. This includes the electronic
transmission of information and software to foreign countries and to certain
foreign nationals. You agree to abide by these laws and their regulations.
Links
We are not responsible for the content of any sites that may
be linked to or from www.xikooh.com, and or any bulletin board associated with xikooh.com,.
These links are provided for your convenience only and you access them at your
own risk. Any other website accessed from the Site are independent from xikooh.com,
and xikooh.com has no control over the content of that other website. In
addition, a link to any other web site does not imply that xikooh.com endorses
or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third
party product or service be construed as an approval or endorsement by xikooh.com
of that third party or of any product or service provided by a third party.
Disclaimers and
limitations of liability
Neither xikooh.com, nor its affiliates, subsidiaries, or
designees, nor each of their respective officers, directors, employees, agents,
third-party content providers, designers, contractors, distributors, merchants,
sponsors, licensors or the like (collectively, "Associates") warrant
that use of the Site will be uninterrupted or error-free. Neither xikooh.com,
nor its Associates warrant the accuracy, integrity, or completeness of the
Content provided on the Site or the products or services offered for sale on
the Site. Further, we make no representation that Content provided on the Site
is applicable or appropriate for use in locations outside of the China. Xikooh.com
specifically disclaims warranties of any kind, either expressed or implied,
including but not limited to warranties of title or implied warranties of
merchantability or fitness for a particular purpose. No oral advice or written
information given by xikooh.com or its Associates shall create a warranty. You
expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall xikooh.com or its Associates be
liable for any direct, indirect, incidental, special, or consequential damages
that result from the use of or inability to use the Site, including but not
limited to reliance by a user on any information obtained at the Site, or that
result from mistakes, omissions, interruptions, deletion of files or e-mail,
errors, defects, viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God, communications
failure, theft, destruction or unauthorized access to xikooh.com records,
programs or services. The foregoing limitation of liability shall apply whether
in an action of contract, negligence, or other tortious action, even if an
authorized representative of xikooh.com has been advised of or should have
knowledge of the possibility of such damages. You hereby acknowledge that this
paragraph shall apply to all content, merchandise and services available
through the Site. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states liability
is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject
to change without notice. Errors will be corrected when discovered, and we
reserve the right to revoke any stated offer and to correct any errors,
inaccuracies, or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and
completeness of product and third-party services that are posted on the Site,
please refer to the manufacturer or Associates for details.
Online conduct
You agree to use xikooh.com only for lawful purposes. You are
prohibited from posting on or transmitting through xikooh.com any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international
law. If we are notified of allegedly infringing, defamatory, damaging, illegal,
or offensive Content provided by you (e.g., through an author chat or online
review), xikooh.com may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such Content from the
Site. We may disclose any Content or electronic communication of any kind (i)
to satisfy any law, regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate xikooh.com; or (iii) to protect the
rights or property of xikooh.com, its Associates, and you.
We reserve the right to prohibit conduct, communication, or
Content that it deems in its sole discretion to be unlawful or harmful to you, xikooh.com,
the communities that make up xikooh.com, or any rights of xikooh.com or any third
party. Notwithstanding the foregoing, neither xikooh.com nor its Associates can
ensure prompt removal of questionable Content after online posting.
Accordingly, neither xikooh.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Associates assumes any liability for any
action or inaction with respect to conduct, communication, or Content on xikooh.com.
Termination of
usage
We may terminate your access or suspend your right to access
to all or part of the Site, without notice, for any conduct that we, in our
sole discretion, believe is in violation of any applicable law or is harmful to
the interests of another user, Associates, or xikooh.com. In addition, we
reserve the right to refuse an order from any customer at our sole discretion.
Usage by
children under 18
We cannot prohibit minors from visiting the Site. We must
rely on parents, guardians and those responsible for supervising children under
18 to decide which materials are appropriate for such children to view and/or
purchase.
We require that all purchases be made either (i) by
individuals 18 years of age or older, or (ii) by minors with the permission of
their parent or guardian for such minors to purchase items on the Site and for
the collection by us of certain information in accordance with the terms of our
privacy policy.each time you purchase a product at xikooh.com, you are
representing to xikooh.com that you are either an individual 18 years of age or
older, or that you have the express permission of a parent or guardian for you
to make purchases and for us to collect certain information about you in
accordance with the terms of our privacy policy.