Last Updated: November, 2009
This website is controlled, operated and
administered by Mosey Company Ltd., Inc. (or its licensees). All inquiries may
be directed to:
Mosey Company Ltd., Inc., 1802, 18/F., World-wide House, 19 Des Vouex Road, Central, Hong Kong
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an "Affiliated Entity") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.
1. Permitted Use, Limited License and Authorization to Reproduce
2. Copyrights and Trademarks
3. Unauthorized Use or Access
Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
Any material, non-public information about a company without the proper authorization to do so.
Use the Website for any fraudulent or unlawful purpose.
Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
Impersonate any person or entity, including without limitation any representative of Company or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Company's express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
Frame or mirror any part of the Website without Company's express prior written consent.
Create a database by systematically downloading and storing Website content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.
4. Accuracy of Information You Submit
You may be permitted to or asked to submit information to the Website. You expressly represent and warrant: (a) that you have the authority to provide Company with all such information; (b) that all such information may be used by Company for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Website.
5. Links To Other Sites
For the convenience of users of the Website, one or
more links to other Internet websites independently operated by third parties
including advertisers and other content providers may appear from time to time.
Those independent sites may collect data or solicit personal information from
you. Except as otherwise indicated, the Internet websites to which links are
provided on the Website are not under the control of Company or the Affiliated
Entities. Neither Company nor the Affiliated Entities assume any responsibility
for the contents, privacy policies, or the information or data collection, use,
or disclosure practices of any linked Internet website, or for any potential
damage arising out of or in connection with the use of any such link. In
addition, the existence of a link between the Website and any other Internet
website is not and shall not be understood to be an endorsement by Company or
the Affiliated Entities of the owner or proprietor of the linked Internet
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.
6. Membership; User Names and Passwords
Any online community hosted on our Website (the
"Community") is designed for your enjoyment. As a member of
the Community, you may receive certain specialized content, as well as special
offers from Company. If you become a member of the Community, you represent
that: (i) you are authorized to join Internet programs in which e-mail
communications are used; and (ii) you are 18 years of age or older. In
addition, with respect to such membership, Company may refuse to grant you, and
you may not use, a user name (or e-mail address) that is already being used by
someone else; that may be construed as impersonating another person; that
belongs to another person; that violates the intellectual property or other
rights of any person; that is offensive; or that we reject for any other reason
in our sole discretion.
7. Interactive Forums
8. User-Submitted Ideas, Comments, and Other Content
Information, data, comments, opinions, suggestions, advice, recipes, text, notes, drawings, images, graphics, video, or other content or materials (each, a "Submission") may be posted within a Forum or otherwise disclosed or made available to Company by you or others through or in connection with the Website. Submissions posted and/or uploaded to the Forums or through the Website may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. For each Submission you submit through the Forums or otherwise through the Website, you grant Company and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), copy, create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for any purpose, including but not limited to developing, manufacturing and marketing products incorporating any aspect of such Submission, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. To the extent any right you may have in or relating to any Submission cannot be licensed to Company or the Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Website, complies with all applicable statutes, orders, regulations, rules and other laws.
9. No Responsibility for Third Party Content
In general, the Submissions in the Forums and elsewhere on the Website are supplied by third parties, including but not limited to users. In addition, some Content on the Website is supplied by third parties. Accordingly, Company is a distributor (and not a publisher) of such Submissions and Content and has no more editorial control over such Submissions and Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, information or other Submissions or Content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of Company or any Affiliated Entities. Company, the Affiliated Entities, and the third-party providers of information do not guarantee the validity, accuracy, completeness, or usefulness of any such Submissions or Content. Furthermore, Company and the Affiliated Entities expressly disclaim all responsibility for, and make no endorsement or representations as to, the validity, accuracy, or reliability of any opinion, advice, service, offer, statement, or other Submission made through the Forums or elsewhere on the Website by anyone other than an authorized Company representative while acting in his/her official capacity. Company and the Affiliated Entities are not responsible for any errors or omissions in any Submission, or for hyperlinks embedded in any Submission. Under no circumstance will Company, any Affiliated Entity or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for any loss or damage caused by your reliance on any Submission made on or through the Website. In addition, Company and the Affiliated Entities have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of any information or other Submission voluntarily made public through any Forum or any other part of the Website.
10. No Confidentiality or Other Obligations
Company does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Website, any products or services of Company or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Website (whether or not in response to a solicitation made on or through the Website), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Company has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.
11. Monitoring; Removal of Submissions
12. Sweepstakes, Contests, and Similar Promotions
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
14. Product and Service Availability
Reference to any product or service on the Website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. Prepackaged gifts and kits are assembled individually and may vary slightly. We reserve the right to substitute a product of equal value and nature if the original product becomes unavailable.
Inventory information is generally available on the website . This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order or upon your requested ship date. However, we cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by email that your order will not be filled and your credit card will not be charged.
15. Shipping and Return/Replacement Policies
Where applicable, our Shipping and Return/Replacement policies are posted on the Website for your review. We request that you please read our policies thoroughly prior to purchasing products and merchandise from our Website.
16. Product Pricing
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the Website are quoted in U.S. Dollars unless otherwise specified.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
17. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per store. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled 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 cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Company does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use our Website only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
18. Termination of Access
While Company makes reasonable efforts to provide accurate Content through the Website, Company cannot guarantee accuracy. All Content and Submissions are used by users at their own risk. THE WEBSITE, INCLUDING ALL SERVICES, CONTENT AND SUBMISSIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS." COMPANY AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OR SUBMISSIONS ON THE WEBSITE. FURTHER, COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. COMPANY AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT OR SUBMISSIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE WEBSITE.
IN NO EVENT WILL COMPANY OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT OR SUBMISSIONS POSTED ON THE WEBSITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF COMPANY AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE.
23. Waiver; Remedies
24. International Users
The Website is controlled, operated and administered by Company from its offices in Hong Kong. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to Hong Kong export controls and are responsible for any violations of such controls, including without limitation any Hong Kong embargoes or other federal rules and regulations restricting exports. Company may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed at such site.
25. Contact Us; Questions or Complaints
If you have a question or complaint regarding the Website, please send an e-mail to email@example.com. You may also contact us by writing to: Mosey Company Ltd., 1802, 18/F, World–wide House, 19 Des Voeux Road, Central, Hong Kong. Tel: 852-3667-9119 Fax: 852-3667-9002
26. Digital Millennium Copyright Act Notice
Company is committed to complying with copyright and related laws, and requires all users of the Website to comply with these laws under the World Intellectual Property Organization. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights. Owners of copyrighted works who believe that their rights have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is Company's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Company believes in its sole discretion is infringing these rights. Any user who feels that a Submission is objectionable or infringing may send a notice under the DMCA to Company. Upon our receipt of a proper notice of claimed infringement under the DMCA, Company will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Submission in issue. The Company-designated agent (i.e., proper party) to whom you should address such notice is: Copyright Agent, Mosey Company Ltd., Legal Department, 1802, 18/F, World-Wide House, 19 Des Voeux Road, Central, Hong Kong
27. Governing Law; Forum
YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN HONG KONG, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS OF JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.
Website © 2009 Mosey Company Ltd., unless otherwise noted. All rights reserved.