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TERMS OF USE

TERMS OF USE

Last Updated: July 2018
Welcome to Vicoddy. These Terms of Use ("Terms") govern your access to and use of our website and mobile applications (collectively, the "Site"). By using the Site, you agree to be bound by these Terms, as well as our Privacy Notice and Terms of Purchase (incorporated herein by reference).

1. Acceptance of Terms

This Site is owned and operated by Vicoddy ("Company," "we," "us," or "our"). Your continued use of the Site constitutes your acceptance of these Terms. If you do not agree, please discontinue use immediately. Please read carefully, especially the Arbitration Agreement​ and Class Action Waiver​ in the Dispute Resolution section.

2. Data Integrity & Privacy

  • Accuracy:​ You represent that all information provided to us (via the Site, email, or phone) is true, accurate, current, and complete. You are responsible for updating this information as needed.
  • Privacy:​ Our collection and use of your personal information is governed by our Privacy Notice, available at http://www.vicoddy.store. By using the Site, you consent to such processing.

3. Intellectual Property & Site Access

  • Ownership:​ All content on the Site (text, graphics, logos, code, software, etc.) is the exclusive property of the Company or its licensors and is protected by intellectual property laws.
  • Limited License:​ We grant you a limited, revocable, non-transferable license to access and make personal, non-commercial use of the Site. You may download and print content for personal use, provided you retain all copyright and proprietary notices.
  • Prohibited Uses:​ You may not:
    • Use the Site for commercial purposes or the benefit of any third party.
    • Scrape, data mine, or use robots/crawlers to extract data.
    • Frame or link to the Site without permission.
    • Upload viruses, malware, or malicious code.
    • Interfere with the Site's infrastructure or security.
  • Termination:​ Unauthorized access or violation of these Terms will result in immediate termination of your license. We reserve the right to refuse service, terminate accounts, or restrict access at any time, without notice.

4. User Submissions

  • Responsibility:​ You are solely responsible for any content you submit, post, or upload ("User Content"). You warrant that your User Content is lawful, non-infringing, and does not violate any third-party rights (privacy, publicity, IP, etc.).
  • License Grant:​ By submitting User Content (excluding private personal information), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and transferable license​ to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. User Content will not be treated as confidential.
  • Conduct:​ You may not impersonate others or use false identifying information.

5. Third-Party Links

The Site may contain links to third-party websites. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, products, or practices of any third-party sites. Your use of linked sites is at your own risk and subject to their terms.

6. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."​ TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
  • THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
  • THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
  • ANY INFORMATION IS ACCURATE OR RELIABLE.
  • YOUR DOWNLOADS WILL NOT DAMAGE YOUR DEVICE OR DATA.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THESE DISCLAIMERS MAY NOT APPLY TO YOU.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VICODDY OR ITS AFFILIATES (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATED TO:
  • YOUR USE OF OR INABILITY TO USE THE SITE.
  • ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.
  • ANY CONTENT OBTAINED FROM THE SITE OR LINKED SITES.
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
  • ANY CONDUCT OF ANY USER OF THE SITE.
    THIS LIMITATION APPLIES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGE. YOUR SOLE REMEDY IS TO STOP USING THE SITE.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from:
  • Your violation of these Terms or the Terms of Purchase.
  • Your User Content.
  • Your fraud, willful misconduct, or gross negligence.
  • Your violation of any law or third-party rights.

9. Electronic Communications

By using the Site or contacting us via email, you consent to receive electronic communications. We will communicate with you by email or via Site notices. These electronic communications satisfy any legal requirement that such communications be in writing.

10. Intellectual Property Infringement

We respect the intellectual property of others. If you believe your copyright has been infringed, please provide our Copyright Agent with a written notification containing:
  1. A physical or electronic signature of the owner or authorized agent.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the infringing material and its location on the Site.
  4. Your contact information (address, phone, email).
  5. A statement of good faith belief that the use is unauthorized.
  6. A statement under penalty of perjury that the information is accurate and you are the owner or authorized to act on behalf of the owner.
Contact:​ 18320553843@163.com.

11. Dispute Resolution (Arbitration)

PLEASE READ CAREFULLY: THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
  • Binding Arbitration:​ Any dispute arising out of or relating to these Terms or the Site shall be finally settled by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC)​ under the UNCITRAL Arbitration Rules.
  • Governing Law:​ The laws of the Hong Kong Special Administrative Region of the People's Republic of China​ shall govern.
  • Venue:​ Arbitration shall take place in Hong Kong.
  • Language:​ Proceedings shall be conducted in English.
  • Single Arbitrator:​ The dispute shall be resolved by one arbitrator appointed by HKIAC.
  • Class Action Waiver:​ YOU AND VICODDY AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
  • Time Limit:​ Any claim must be filed within one (1) year​ after the cause of action arises, or it is permanently barred.

12. General Provisions

  • Force Majeure:​ We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, war, terrorism, strikes, government actions).
  • Risk of Loss:​ Title and risk of loss for purchased items pass to you upon delivery to the carrier.
  • Severability:​ If any provision is found unenforceable, the remainder of the Terms will remain in effect.
  • No Waiver:​ Failure to enforce any right does not constitute a waiver of future enforcement.
  • Assignment:​ You may not assign these Terms without our written consent. We may assign these Terms at our discretion.
  • Entire Agreement:​ These Terms constitute the entire agreement between you and VICODDY regarding the Site.
  • Changes:​ We may modify these Terms at any time by posting updates. Your continued use of the Site constitutes acceptance of the modified Terms.