Welcome to the website of fpvok Limited. fpvok.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any fpvok.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. fpvok.com reserves the right to change this site and these terms and conditions at any time.

 

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, fpvok.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 fpvok.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 fpvok.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 fpvok.com in advance. fpvok.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if fpvok.com believes that customer conduct violates applicable law or is harmful to fpvok.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. fpvok.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 fpvok.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 fpvok.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

 

Review and comments

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, 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 a card or other content. fpvok.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant fpvok.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such content throughout the world in any media. You grant fpvok.com and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity;. fpvok.com has the right but not the obligation to monitor and edit or remove any activity or content. fpvok.com takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Order acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. fpvok.com reserves the right, at sole discretion, to 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.

 

Copyright and Patents

All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of fpvok.com or its content suppliers and protected by international copyright laws. The use of any fpvok.com trademark or service mark without our express written consent is strictly prohibited.

 

Intellectual Property Rights

fpvok.com is the sole owner or lawful licensee of all the rights to the Site and the fpvok Content. The Site and fpvok.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and fpvok.com Content shall remain with fpvok.com, its affiliates or licensors of the fpvok.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by fpvok.com are hereby reserved.

"fpvok", "fpvok.com" and related icons and logos are registered trademarks or trademarks or service marks of fpvok.com, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

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 fpvok.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, fpvok.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, fpvok.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 fpvok.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 fpvok.com or through or from the Site shall create any warranty not expressly stated herein.

Under no circumstances shall fpvok.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 fpvok.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 fpvok.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 fpvok.com. Each User hereby further agrees to indemnify and save fpvok.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 fpvok.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. fpvok.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 fpvok.com in asserting any available defenses.

fpvok.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 fpvok.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 fpvok.com service shall be limited to the greater of (a) the amount of fees the User pays to fpvok.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 fpvok.com service must be filed within one (1) year from the date the cause of action arose.

 

Termination and Effect of Termination

In addition to any other legal or equitable remedies, fpvok.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 fpvok.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.

 

Applicable Law

By visiting fpvok.com, you agree that the laws of P.R.China, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and fpvok.


Arbitration

Any dispute relating in any way to your visit to fpvok.com or to products or services sold or distributed by fpvok.com or through fpvok.com shall be submitted to CIETAC, South China Sub-Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The number of arbitrators shall be one; The place of arbitration shall be Shenzhen China; The language to be used in the arbitral proceedings shall be Chinese. The arbitral award is final and binding upon both you and fpvok.

 


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