Terms & Conditions
Welcome to www.senbale.com! We offer our
best services to you subject to the notices, terms, and conditions set forth in
this agreement (the "Agreement"). In addition, when you use any senbale.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. senbale.com reserves
the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site
indicates your agreement to all the terms and conditions in this agreement.
Please carefully read this agreement before proceeding.
Use
of Site:
You represent and warrant that you are at least 18
years old or visiting the Site under the supervision of your parents or
guardian. Subject to the terms and conditions of this Agreement, senbale.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 explicitly
permitted by senbale.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.
Besides 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 senbale.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 senbale.com in advance. senbale.com
reserves the right to refuse service, terminate accounts, and/or cancel orders
in its discretion, including, without limitation, if senbale.com believes
that customer conduct violates applicable law or is harmful to senbale.com's
interests.
You shall not upload, 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. senbale.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 senbale.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 senbale.com
of any unauthorized use of your password or identification or any other breach
or threatened breach of this Site's security. After registering, you will
receive our newsletters with information about sales, coupons, and special
promotions. You can unsubscribe by using the link from any email newsletter or
your personal subscribe setting after logged in.
Notice:senbale.com
can ship from different warehouses. For orders with more than item, we may
split your order into several packages according to stock levels at our own
discretion.Thank you for your understanding.
Reviews
and Comments
Except otherwise provided elsewhere in this
Agreement or on the site, anything that you submit or post to senbale.com,
including, without limitation, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, "Submissions") will be
treated as non-confidential and nonproprietary, and by submitting or posting,
you agree to irrevocably license the entry and all IP rights related thereto
(excluding the moral rights such as authorship right) to senbale.com
without charge and senbale.com shall have the royalty-free, worldwide,
perpetual, irrevocable, and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt, create derivative
works from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions. All
Submissions shall automatically become the sole and exclusive property of senbale.com
and shall not be returned to you and you agree not to raise any dispute in
connection with any use of the entry by senbale.com in the future.
You warrant that your Submissions, in whole or in
part, are clear and free of any IP right infringement, disputes or third party
claims. senbale.com assumes no liability for any misuse of copyright or
any other rights of third parties by you. You undertake to defense for and
indemnify the Sponsor against any losses caused due to the use of the entries
for any purposes.
In addition to the rights applicable to any
Submission, when you post comments or reviews to the site, you also grant senbale.com
the right to use the name that you submit with any review, comment, or other
Content, if any, in connection with such review, comment, or other content. You
represent and warrant that you own or otherwise control all of the rights to
the reviews, comments, and other Content that you post on this site and that
use of your reviews, comments, or other Content by senbale.com will not
infringe upon or violate the rights of any third party. You shall not use a
false e-mail address, pretend to be someone other than yourself, or otherwise
mislead senbale.com or third parties as to the origin of any Submissions
or Content. senbale.com may, but shall not be obligated to remove or edit
any Submissions (including comments or reviews) for any reason.
Copyright
All text, graphics, photographs or other images,
button icons, audio clips, logos, slogans, trade names or word software and
other contents on the website of senbale.com (collectively,
"Content"), belongs exclusively to senbale.com or its appropriate
content suppliers. You may not use, reproduce, copy, modify, transmit, display,
publish, sell, license, publicly perform, distribute or commercially exploit
any of the Content or otherwise dispose of any of the Content in a way not
permitted by senbale.com, without senbale.com's express prior
written consent. The use of data mining, robots, or similar data gathering and
extraction tools on senbale.com as well as the use of senbale.com
trademarks or service marks in meta-tags is strictly prohibited. You may view
and use the Content only for your personal information and for shopping and
ordering on the site and for no other purpose. The collection, arrangement, and
assembly of all content on this site (the "Compilation") belong
exclusively to senbale.com. You may not use senbale.com's Content
or Compilation in any manner that disparages or discredits senbale.com or
in any way that is likely to cause confusion or violation of any applicable
laws or regulations. All software used on this Site (the "Software")
is the property of senbale.com and/or its Software suppliers. The
Content, the Compilation and the Software are all protected under state,
national and international copyright laws. All rights not expressly granted are
reserved by senbale.com. Violators will be prosecuted to the full extent
of the law.
senbale.com recognizes and respects all
copyrights and trademarks. As such, any usage of television, motion picture,
music, film festival or other names or titles have no connection to senbale.com
and are the sole property of the copyright or trademark holders. Our dresses
are inspired by celebrity style and are our recreations of item's worn by the
celebrities on your favorite television shows and the red carpet, however they
are not authorized, endorsed by, or connected to these shows in any way and are
not meant as infringements of any registered trademarks or copyrights.
Intellectual
Property Infringement Policy
It is the policy of senbale.com to take
appropriate action where necessary to uphold and recognize all relevant State,
Federal and International laws in connection with material that is claimed to
be infringing any trademark, copyright, patent and all or any other
Intellectual Property laws. If you are an intellectual property rights owner
and you believe that senbale.com sells, offers for sale, or makes
available goods and/or services that infringe your intellectual property
rights, then send the following information in its entirety to [email protected]
Information required
1. An electronic or physical signature of the
person authorized to act on behalf of the owner of an exclusive that is
allegedly infringed;
2. A description of the allegedly infringing work
or material;
3. A description of where the allegedly infringing
material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us
to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith
belief that the disputed use of the material is not authorized by the copyright
or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property
rights that you claim are infringed by the Website(e.g. "XYZ
copyright", "ABC trademark, Reg. No. 123456, registered
1/1/04",etc);
7. A statement by you that the above information
and notification is accurate, and under penalty of perjury, that you are the
copyright owner or authorized to act on behalf of the owner whose exclusive
right is allegedly infringed.
Termination
and Effect of Termination
In addition to any other legal or equitable
remedies, senbale.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 senbale.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.
Disclaimer
and Limitation of Liability
EXCEPT OTHERWISE PROVIDED IN THE STANDARD TERMS OF
SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS
OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED
BY senbale.COM ON AN "AS IS" BASIS. senbale.COM MAKES NO
PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, senbale.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA
ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES
OR TYPOGRAPHICAL ERRORS. senbale.COM DOES NOT WARRANT THAT THE CONTENT
WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, senbale.COM
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO,INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY,
SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, senbale.COM's TOTAL LIABILITY TO YOU FOR ANY DAMAGES
(REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE
THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO senbale.COM DURING THE MONTH
IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO senbale.COM'S
LIABILITY.
Order
Acceptance
Please note that there may be certain orders that
we are unable to accept and must cancel. senbale.com reserves the right,
at sole discretion, to refuse or 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.
Both parties agree that, following order dispatch,
transportation is the sole responsibility of the third-party logistics company.
During this stage, full ownership of the product(s) belongs to the buyer; all
associated liability and risks during transportation shall be borne by the
buyer.
Typographical
Errors
While senbale.com strives to provide
accurate product and pricing information, pricing or typographical errors may
occur. senbale.com cannot confirm the price of an item until after you
order. In the event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product information, senbale.com
have the right, at our sole discretion, to refuse or cancel any orders placed
for that item. In the event that an item is mis-priced, senbale.com may,
at our discretion, either contact you for instructions or cancel your order and
notify you of such cancellation.
Pricing
in Different Currencies
Pricing of products sold by senbale.com is
based upon figures calculated in U.S. Dollars (US$). Prices displayed in other
currencies are converted from U.S. Dollars according to the most up to date
conversion rates. Due to fluctuating currency values, prices displayed in
non-U.S. denominations of currency on the Site, other than on the individual
product page, may not be the most current. Areas of the Site where non-U.S.
denominations of currency might be inaccurate include, but are not limited to,
promotional banners, promotional pages, and information on product category
pages. The price displayed on an individual product page, regardless of
currency denomination, is the current price you are liable to pay to senbale.com,
excluding shipping.
Arbitration
Where the parties fail to settle dispute within 30
days after such dispute occurs, they agree to submit such dispute to South
China International Economic and Trade Arbitration Commission (the
"SCIA") for arbitration which shall be conducted in accordance with
the Commission's arbitration rules in effect at the time of applying for arbitration.
The arbitral awards are final and binding upon both parties.
Applicable
Law
These conditions are governed by and construed
exclusively under Chinese law without regard to conflicts of laws principles.
Links
This site may contain links to other sites on the
Internet that are owned and operated by third parties. You acknowledge that senbale.com
is not responsible for the operation of or content located on or through any
such site.
Remedies
You agree that senbale.com's remedy at law
for any actual or threatened breach of this Agreement would be inadequate and
that senbale.com shall be entitled to specific performance or injunctive
relief, or both, in addition to any damages that senbale.com may be
legally entitled to recover, together with reasonable expenses of any form of
dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of senbale.com shall be
exclusive of any other, whether at law or in equity, including, without
limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by senbale.com of its
rights or remedies under these terms and conditions shall imply any obligation
to grant any similar, future or other waiver.
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