Application and Acceptance of Terms and Conditions:
■ Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the “Eblmall.com Content”) for the purpose of re-selling or re-distributing the Eblmall.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Eblmall.com, or otherwise commercially exploiting the Eblmall.com Content. Systematic retrieval of Eblmall.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Eblmall.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
■ Some of the Eblmall.com Content displayed on this Site is provided or posted by third parties (“Third Party Content”). Eblmall.com is not the author of Third-Party Content, whether contributed by anonymous users or registered users. Any Third Party Content is the sole responsibility of the party who provided the content. Eblmall.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance of such Third Party Content. In addition,Eblmall.com is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
■ Eblmall.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Eblmall.com has no control over such third party’s web site, does not monitor such sites, and Eblmall.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
■Eblmall.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Eblmall.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
■ No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Eblmall.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
■ As a condition of your access to and use of Eblmall.com, you agree that you will not use the Eblmall.com service to infringe the intellectual property rights or other legitimate rights of others in any way. Eblmall.com and/or its affiliates will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, Eblmall.com and/or its affiliates reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Eblmall.com service, or if Eblmall.com believes that User’s conduct is harmful to the interests of Eblmall.com, its affiliates, or other users, or for any other reason in Eblmall.com’s sole discretion, with or without cause.
Intellectual Property Rights (IPR) Protection Policy
■ Eblmall.com respects the intellectual property rights of others, and we expect our users to do the same. Unauthorized use of another party’s materials and trademarks are dealt with severely on our website.
■ EBLMALL will request each seller to ensure that listing of counterfeits, non-licensed replicas, or unauthorized products such as counterfeit designer garment, watches, handbags, sunglasses or other accessories is strictly prohibited on Eblmall.com, and no products can be displayed on Eblmall.com without the explicit permission from the intellectual property right holder. Branded products are permitted to be displayed on Eblmall.com if a certificate of authorization has been issued by the brand owner.
■ Repeat violations of our IPR policy may result in a range of actions, including Removal of listing(s). The following actions are used as a deterrent against infringement of IPR:
–Voluntary review and removal of listings that appear to offer counterfeit, non-licensed replicas or unauthorized items.
–Prompt removal of listing(s) when an intellectual property infringement claim is filed by the trademark holder against any seller who are the suppliers of such listed products;
–Written notification with appropriate reason(s) given to sellers who have their product(s) removed on Eblmall.com for suspicion of infringing the IPR of others.
–Written notification to sellers whose products are claimed to infringe on other’s IPR. Parties involved will have equal opportunities to respond to such charges.
–Termination, when appropriate, of the listings of the sellers who are repeat offenders With millions of Users trading on Eblmall.com each day, we expect each and every seller to behave responsibly.
We request those who assert claims of infringement to stand behind their claims. By submitting a report of alleged infringement to Eblmall.com, you agree to indemnify Eblmall.com against claims or damages arising from the removal of the listing.
■How to report an alleged IPR infringement to Eblmall.com:
If you have a good faith belief that a listing on the Site infringes your copyright, trademark, patent or other intellectual property rights, you may complete Eblmall’s Notice of Claimed IPR Infringement Form and email (Eblmall.email@example.com) it to Eblmall.com. The completed Notice should specifically identify the seller and each and every link which is claimed to be infringing your rights (specific URL). The complainant must upload the following materials as attachment for qualification verification:
— rights proof
According to the rights asserted, please provide rights proof, such as patent registration certificate, trademark registration certificate and copyright registration certificate, etc. (note: registration certificate of the intellectual property rights should be provided; application advice / acknowledgement is insufficient rights proof)
— identification proof
Individual: ID card, passport and other identification proof documents
Enterprise: business license and other industrial and commercial registration documents
— rights-holder authorization proof
If the complainant is not the rights-holder, he must produce authorization or agency certificate duly signed or sealed by the rights-holder.
Upon receipt of the aforesaid Notice and other information, we will promptly evaluate your complaint, and in cases where it is appropriate, we will expeditiously take down the listing referred to in your claim.
We will notify the seller in writing of the removal of the claimed infringing product listing and provide the seller with your contact information so that the seller may contact you directly and with an opportunity to respond.
If the seller objects to the removal of the alleged infringing product listing, the seller may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the seller’s listing unless we receive notice from you that an action has been filed against the member in a court of competent jurisdiction for infringement of your intellectual property rights.
If you need to send us paper documents, please send the related products and paper documents to the following address:Room NO.404, 4F/L, BlockB，JingyiSci-tech mansion，No.9, the East Big Bell Temple Road，Haidian District, Beijing Municipality，PRC。So that EBLMALL can receive and dispose them in time. Please note that this is the only legal address on Eblmall.com that deals with product infringement.
Limitation of Liability
■ To the maximum extent permitted by law, the features and services on the site are provided on an “as is” and “as available” basis, and Eblmall.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
■ TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBLMALL.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, EBLMALL.COM DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND EBLMALL.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
■ Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Eblmall.com or through or from the Site shall create any warranty not expressly stated herein.
■ Under no circumstances shall Eblmall.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
■ Each User hereby agrees to indemnify and save Eblmall.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Eblmall.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Eblmall.com.
Each User hereby further agrees to indemnify and save Eblmall.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
Each User hereby further agrees that Eblmall.com is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Eblmall.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Eblmall.com in asserting any available defenses.
■ Eblmall.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
–the use or the inability to use the Site;
–any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
–violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
–unauthorized access by third parties to data or private information of any User;
–statements or conduct of any User of the Site; or
–any matters relating to Premium Services however arising, including negligence.
■ Notwithstanding any of the foregoing provisions, the aggregate liability of Eblmall.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each User for all claims arising from the use of the Site or the Eblmall.com service shall be limited to the greater of (a) the amount of fees the User pays to Eblmall.com or its affiliates in the 12 months period prior to the action giving rise to liability and (b) HK$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Eblmall.com service must be filed within one (1) year from the date the cause of action arose.
Intellectual Property Rights
Return DOA (Dead on Arrival) Item
Any products , dead on arrival (incorrect usage excluded) within 5 days after delivery or 30 days after shipment if the delivery date is not traceable (The order shipment date and order notification are provided to you by email). [*]