Website Terms of Use
Thank you for your interest in Amflow Bicycles (Shenzhen) Co., Ltd.. and its affiliated companies (collectively, “Amflow”) and in the various websites provided by Amflow Bicycles (Shenzhen) Co., Ltd. (“Site”). Please read the following terms and conditions carefully. By accessing the websites or any of the services provided to you through the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. If you are not eligible or do not agree to any of the Terms, then you may not access the Site.
These Terms provide that all disputes between you and Amflow will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 11 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with Amflow.
1. USER ACCOUNTS
To access certain features of the Site, you may need to register for a user account. As you register for the account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account.
2. PURCHASES AND ADDITIONAL TERMS
Purchases of products or certain services may be subject to additional terms and conditions. You agree to abide by all such other terms and conditions. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.
3. USER CONTENT
3.1 User Content Generally. Certain features of the Site may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.
3.2 Limited License Grant to Amflow. By posting or publishing User Content, you grant Amflow a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
3.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
4. USING THE SITE
By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms.
5. PROHIBITED CONDUCT
By using the Sites you agree not to
5.1 Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
5.2 Conduct activities that may be harmful to others or that could damage Amflow’s reputation;
5.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
5.4 Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
5.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
5.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other user account without permission, or falsifying your age or date of birth;
5.7 Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
5.8 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
5.9 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent Amflow makes available the means for embedding any part of the Site or the User Content;
5.10 Access, tamper with, or use non-public areas of the Site, Amflow’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Amflow’s providers;
5.11 Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
5.12 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
5.13 Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
6. OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by Amflow. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Amflow are protected by intellectual property and other laws. All Materials contained in the Site are the property of Amflow and its third-party licensors. Except as expressly authorized by Amflow, you may not make use of the Materials. Amflow reserves all rights to the Materials not granted expressly in these Terms.
7. FEEDBACK
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by Amflow (“Feedback”), then you hereby grant Amflow an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
8. DISCLAIMERS; NO WARRANTIES.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE AMFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE.
NOTWITHSTANDING THE FOREGOING, AMFLOW DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT AMFLOW IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE AMFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AMFLOW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
10. GOVERNING LAW
These Terms are governed by the laws of Hong Kong without regard to conflict of law principles. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.
11. DISPUTE RESOLUTION AND ARBITRATION
Any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
12. CONTACT INFORMATION
The Site is offered by Amflow Bicycles (Shenzhen) Co., Ltd. and its affiliated companies, located at 15C-2, Maoye Times Square, No. 288 Haide 2nd Road, Haizhu Community, Yuehai Street, Nanshan District, Shenzhen. You may contact us by sending emailing at support@amflowbikes.com.
