VIGOGO.COM Terms of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Use Agreement (the "Agreement")
describes the terms and conditions applicable to your use of the
vigogo.com web site which is identified by the uniform resource
locator www.vigogo.com (the"Site"). This Agreement is entered into between you as the user of the Site (the" User") and vigogo.com Tin Lien Company Limited ("vigogo.com").
1. Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User"
is any person who accesses the Site for whatever purpose, regardless of
whether said User has registered on the Site as a registered User or
whether said User is a paying customer for a specific service provided
by vigogo.com or any of its affiliates. A User includes the person
using this Site and any legal entity which may be represented by such
person under actual or apparent authority.
1.2
By accessing or using the Site, you hereby agree to accept the terms
and conditions set forth in this Agreement as a User. You shall be
bound by the terms and conditions of this Agreement with respect to
your access or use of this Site and any further upgrade, modification,
addition or change to this Site. If you do not accept all of the terms
and conditions of this Agreement, please do not use this Site.
1.3
This Agreement applies to each Premium Service (as defined below) in
addition to any terms and conditions that may be applicable to such
specific Premium Service provided, however, that (a) in the event of
any conflict or inconsistency between any provision of the terms and
conditions that may be applicable to such Premium Service and any
provision of this Agreement, such conflict or inconsistency shall
(except as otherwise expressly provided or agreed) be resolved in a
manner favorable to vigogo.com and/or its affiliates; and (b) only to
the extent that such conflict or inconsistency cannot be so resolved,
the provisions of the terms and conditions applicable to such specific
Premium Service shall prevail.
1.4
vigogo.com may amend this Agreement at any time by posting the amended
and restated Agreement on the Site. The amended and restated Agreement
shall be effective immediately upon posting. This Agreement was last
amended on October 1, 2009. Posting by vigogo.com of the amended
and restated Agreement and your continued use of the Site shall be
deemed to be acceptance of the amended terms. This Agreement may not
otherwise be modified, except in writing by an authorized officer of
vigogo.com.
2. Premium Services.
2.1
Access to the Site and certain of its features are provided to all
Users free of charge. However, vigogo.com reserves the right, without
prior notice, to restrict access to certain areas or features of the
Site ("Premium Services") to paying Users or Users who undergo a
specific registration process. Access to and use of these Premium
Services are governed by additional terms and conditions under separate
agreements in addition to this Agreement.
2.2
Features and functions of any Premium Service may vary for different
countries and regions. No warranty for representation is given
that a particular feature or function or the same type and extent of
features and functions will be available.
2.3
vigogo.com reserves the right to deny Premium Services to any User for
whatever reason in order to protect the interests of vigogo.com.
3. Users Generally.
3.1
Users may use this Site solely for their own personal or internal
purposes. Each User agrees that it shall not copy, reproduce or
download any information, text, images, video clips, directories,
files, databases or listings available on or through the Site (the
"vigogo.com Content") for the purpose of re-selling or re-distributing
the vigogo.com Content, mass mailing (via emails, wireless text
messages, physical mail or otherwise), operating a business that
competes with vigogo.com, or otherwise commercially exploiting the
vigogo.com Content. Systematic retrieval of vigogo.com Content from
this Site to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders,
automatic devices or manual processes) without written permission from
vigogo.com is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in this Agreement is
prohibited.
3.2
Some of the vigogo.com Content displayed on this Site is provided or
posted by third parties ("Third Party Content"). vigogo.com is not the
author of Third-Party Content, whether contributed by anonymous users
or paid content providers. Any Third Party Content is the sole
responsibility of the party who provided the content. vigogo.com is
not responsible for the accuracy, propriety, lawfulness or truthfulness
of any Third Party Content, and shall not be liable to any User in
connection with such User's reliance of such Third Party Content. In
addition, vigogo.com is not responsible for the conduct of any User's
activities on the Site, and shall not be liable to any person in
connection with any damage suffered by any person as a result of such
User's conduct.
3.3
vigogo.com may allow Users access to content, products or services
offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise) to such Third Party's web site. You are
cautioned to read such sites' terms and conditions and/or privacy
policies before using such sites in order to be aware of the terms and
conditions of your use of such sites. User acknowledges that
vigogo.com has no control over such third party's web site, does not
monitor such sites, and vigogo.com shall not be responsible or liable
to anyone for such web site, or any content, products or services made
available on such a website.
3.4
Messages or information sent by a User through communication systems
provided by the Site, or through emails, fax or letters to addressees
obtained from the Site, shall not contain any of the materials
described in the provisions of Section 5.5 below.
3.5
vigogo.com reserves the right to limit, deny or create different
access to the Site and its features with respect to different Users, or
to change any of the features or introduce new features without prior
notice. Each User acknowledges that inability to use the Site wholly or
partially for whatever reason may have adverse effects on its business.
Each User hereby agrees that in no event shall vigogo.com be liable to
the User or any third parties for any inability to use the Site
(whether due to disruption, limited access, changes to or termination
of any features on the Site or otherwise), any delays, inaccuracies,
errors or omissions with respect to any communications or transmission,
or any damage (direct, indirect, consequential or otherwise) arising
from the use of or inability to use the Site or any of its features.
3.6
No User shall undertake any scheme to undermine the integrity of the
computer systems or networks used by vigogo.com and/or any other User
and no User shall attempt to gain unauthorized access to such computer
systems or networks.
3.7 We urge that you read vigogo.com's Privacy Policy
which governs the protection and use of each User's information in the
possession of vigogo.com and/or its affiliates. Each User hereby
accepts the Privacy Policy and any updates and amendments thereto. Each
User acknowledges that vigogo.com may change the Privacy Policy from
time to time provided that vigogo.com shall make available the updated
version of the Privacy Policy on the Site at all times. Your
continuation of use of the Site shall be deemed to be your acceptance
of the Privacy Policy which is then displayed on the Site at the time
of such use.
3.8
As a condition of your access to and use of vigogo.com, you agree that
you will not use the vigogo.com service to infringe the intellectual
property rights or other legitimate rights of others in any way.
vigogo.com and/or its affiliates will in appropriate circumstances
terminate the accounts of Users who are repeat infringers of the
copyrights, or other intellectual property rights, or other legitimate
rights of others. In addition, vigogo.com and/or its
affiliates reserves the right to terminate the account of a user
upon any single infringement of the rights of others in conjunction
with use of the vigogo.com service, or if vigogo.com believes that
User's conduct is harmful to the interests of vigogo.com, its
affiliates, or other users, or for any other reason in vigogo.com's
sole discretion, with or without cause.
4. Registered Users
4.1
Each User who has completed and submitted a registration form either
online on the Site or offline by giving its information (such as name,
address, telephone and fax number, email address, details of its
business, etc.) to vigogo.com or another vigogo.com group company
providing the relevant specific services is a registered user of the
Site (a "Registered User"). An account ("Account") will be established
for each Registered User and each Registered User will be assigned a
user alias ("User ID") and password ("Password") for log-in access to
its own Account.
4.2 A
web-based email account with limited storage space may be assigned to
the User to send or receive email (the "Email Account"). The Registered
User shall be responsible for all users and the content of all the
messages communicated through its Email Account, as well as the
consequences of any such message.
4.3
If the Registered User is a business entity, you represent that (a) you
have the authority to bind the entity to this Agreement; (b) the
address you use when registering is the principal place of business of
such business entity; and (c) all other information submitted to
vigogo.com and its affiliates during the registration process is true,
accurate, current and complete. For purposes of this provision, a
branch or representative office will not be considered a separate
entity and its principal place of business will be deemed to be that of
its head office.
4.4
By becoming a Registered User, you consent to the inclusion of your
personal data in our Global Buyer Database and authorize vigogo.com
and its affiliates to share such information with other Users.
4.5
vigogo.com or its affiliates may suspend or terminate a Registered
User's Account or Email Account at any time by giving no less than
24-hour notice to the Registered User; provided, however, that notice
is not required for such termination if (a) in vigogo.com's
determination, there is any breach of the provisions of this Agreement
by the Registered User; or (b) vigogo.com has reasonable grounds to
suspect that any information provided by a Registered User is
untrue, inaccurate or is not current or complete, or (c) vigogo.com
believes that the Registered User's actions may cause financial loss or
legal liability to such Registered User, vigogo.com's other Users, or
vigogo.com or its affiliates.
4.6
The Registered User shall not use the Email Account for junk mail,
chain letters or spamming or the transmission of any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. Further, the
Registered User shall not use the Email Account to publish, distribute,
transmit or circulate any unsolicited advertising or promotional
information or any content that is obscene, indecent, seditious,
offensive, defamatory, threatening, or which incites or results in
causing racial hatred, discrimination, menace or breach of confidence.
4.7 A
Registered User may not sell, attempt to sell, offer to sell, give,
assign or otherwise transfer an Account, User ID or Password to a third
party without the prior written consent of vigogo.com. vigogo.com may
suspend or terminate the Account of a Registered User or the transferee
of a Registered User in the event of a sale, offer to sell, gift,
assignment or transfer in violation of this Section.
4.8
Notwithstanding Section 4.1 above, vigogo.com may refuse registration
and deny the issuance of an Account and/or Email Account and associated
User ID and Password to any User for whatever reason.
5. Users Who Post Information on the Site
5.1
You must be a Registered User in order to post information on the Site
using the self-help submit and edit tools provided through the Site.
Your status as a Registered User is governed by the provisions of
Section 4 above and any terms and conditions applicable to the relevant
Premium Service.
5.2
No sales agency relationship is created between any User and
vigogo.com, our affiliates, directors, officers or employees by virtue
of vigogo.com's display of any of the User's information on the Site.
5.3
Each User hereby represents, warrants and agrees to (a) provide
vigogo.com with true, accurate, current and complete information to be
displayed on the Site and (b) maintain and promptly amend all
information to keep it true, accurate, current and complete. Each User
hereby grants an irrevocable, perpetual, worldwide and royalty-free,
sublicensable (through multiple tiers) license to vigogo.com to
display and use all information provided by such User in accordance
with the purposes set forth in this Agreement and to exercise the
copyright, publicity, and database rights you have in such material or
information, in any media now known or not currently known.
5.4
Each User hereby represents, warrants and agrees that it has obtained
all necessary third party copyright, trademark, trade secrets or patent
licenses and permissions, or such other licenses or permissions as may
be required in connection with any other personal or proprietary rights
of any third party (including but not limited to rights of personality
and rights of privacy), for any material or information it posts on the
Site or provides to vigogo.com or authorizes vigogo.com to display.
Third party copyrights, trademarks, trade secret rights, patents and
other personal or proprietary rights affecting or relating to material
or information displayed on the Site, or affecting or relating to
products that are offered or displayed on the Site, including but not
limited to rights of personality and rights of privacy, are hereafter
referred to as "Third Party Rights." Each User hereby represents,
warrants and agrees that it shall be solely responsible for ensuring
that any material or information it posts on the Site or provides to
vigogo.com or authorizes vigogo.com to display does not, and that the
products represented thereby do not, violate any Third Party Rights, or
is posted with the permission of the owner(s) of such rights. Each User
hereby represents, warrants and agrees that it has the right to
manufacture, offer, sell, import, export and distribute the products it
offers and displays on the Site, and that such manufacture, offer,
sale, importation, export and/or distribution of those products
violates no Third Party Rights.
5.5
Each User hereby represents, warrants and agrees that information
submitted to vigogo.com for display on the Site shall not:
a. contain
fraudulent information or make fraudulent offers of items or involve
the sale or attempted sale of counterfeit or stolen items or items
whose sales and/or marketing is prohibited by applicable law, or
otherwise promote other illegal activities;
b. be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
c. relate
to sale of products or services that infringe or otherwise abet or
encourage the infringement or violation of any third party's copyright,
patent, trademarks, trade secret or other proprietary right or rights
of publicity or privacy, or any other Third Party Rights;
d. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e. violate
any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
f. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
g. be
obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors;
h. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
i. contain
any material that constitutes unauthorized advertising or harassment
(including but not limited to spamming), invades anyone's privacy or
encourages conduct that would constitute a criminal offence, give rise
to civil liability, or otherwise violate any law or regulation;
j. solicit business from any Users in connection with a commercial activity that competes with vigogo.com;
k. contain
any computer viruses or other destructive devices and codes that have
the effect of damaging, interfering with, intercepting or expropriating
any software or hardware system, data or personal information;
l. link
directly or indirectly to or include descriptions of goods or services
or other materials that violate any law or regulation or are prohibited
under this Agreement;
m. violate any provision in the Product Listing Policy;
n. otherwise create any liability for vigogo.com or its affiliates.
5.6
vigogo.com reserves the right in its sole discretion to remove any
material displayed on the Site which it reasonably believes is
unlawful, could subject vigogo.com and its affiliates to
liability, violates this Agreement or is otherwise found inappropriate
in vigogo.com's opinion. vigogo.com reserves the right to cooperate
fully with governmental authorities, private investigators and/or
injured third parties in the investigation of any suspected criminal or
civil wrongdoing. Furthermore, vigogo.com may disclose the User's
identity and contact information, if requested by a government or law
enforcement body, an injured third party, or as a result of a subpoena
or other legal action, and vigogo.com shall not be liable for damages
or results thereof and User agrees not to bring any action or claim
against vigogo.com for such disclosure. In connection with any of the
foregoing, vigogo.com may suspend or terminate the Account of any User
as vigogo.com deems appropriate in its sole discretion. User agrees
that vigogo.com shall have no liability to User, including no
liability for consequential or any other damages, in the event
vigogo.com takes any of the actions mentioned in this Section, and
that User agrees to bear the risk that vigogo.com may take such
actions.
6. Transactions between Buyers and Suppliers
6.1 Through the Site, vigogo.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. vigogo.com reserves the right to limit certain features and functions of the platform to prescribed Registered Users. Despite
the provision of the platform through the Site, vigogo.com does not
represent the seller or the buyer in specific transactions whether or
not such transactions are made on or via the Site. vigogo.com does not
control and is not liable to or responsible for the quality, safety, lawfulness
or availability of the products or services offered for sale on the
Site or the ability of the suppliers to complete a sale or the ability
of buyers to complete a purchase.
6.2
Users are hereby made aware that there may be risks of dealing with
people acting under false pretences. vigogo.com uses several
techniques to verify the accuracy of the information our users provide
us when they register on the Site. However, because user verification
on the Internet is difficult, vigogo.com cannot and does not confirm
each User's purported identity (including, without limitation, Gold Supplier members).
We encourage you to use the various tools available on the Site, as
well as common sense, to evaluate with whom you are dealing.
6.3
Each User acknowledges that it is fully assuming the risks of purchase
and sale transactions when using the Site to conduct transactions, and
that it is fully assuming the risks of liability or harm of any kind in
connection with subsequent activity of any kind relating to products or
services that are the subject of transactions using the Site. Such
risks shall include, but are not limited to, mis-representation of
products and services, fraudulent schemes, unsatisfactory quality,
failure to meet specifications, defective or dangerous products,
unlawful products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract and
transportation accidents. Such risks also include the risks that the
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, and the risk that User may incur costs of defense or other
costs in connection with third parties' assertion of Third Party
Rights, or in connection with any 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. Such risks
also include the risks that consumers, other purchasers, end-users of
products or others claiming to have suffered injuries or harms relating
to product originally obtained by Users of the Site as a result of
purchase and sale transactions in connection with using the Site may
suffer harms and/or assert claims arising from their use of such
products. All of the foregoing risks are hereafter referred to as
"Transaction Risks.". Each User agrees that vigogo.com shall not be
liable or responsible for any damages, liabilities, costs, harms,
inconveniences, business disruptions or expenditures of any kind that
may arise a result of or in connection with any Transaction Risks.
6.4
Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title, licenses, fines,
permits, handling, transportation and storage.
6.5 In
the event that any User has a dispute with any party to a transaction,
such User agrees to release and indemnify vigogo.com (and our agents,
affiliates, directors, officers and employees) from all claims,
demands, actions, proceedings, costs, expenses and damages (including
without limitation any actual, special, incidental or consequential
damages) arising out of or in connection with such transaction.
7. Limitation of Liability
7.1
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
vigogo.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.
7.2
TO THE MAXIMUM EXTENT PERMITTED BY LAW, vigogo.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,
vigogo.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 vigogo.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR
SERVICE OFFERED OR DISPLAYED ON THE SITE.
7.3
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
vigogo.com or through or from the Site shall create any warranty not
expressly stated herein.
7.4
Under no circumstances shall vigogo.com be held liable for an 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.
7.5
Each User hereby agrees to indemnify and save vigogo.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
vigogo.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 vigogo.com,
including but not limited to those set forth in Sections 5.3, 5.4 and
5.5 above. Each User hereby further agrees to indemnify and save
vigogo.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 vigogo.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. vigogo.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 vigogo.com in asserting any available defenses.
7.6
vigogo.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:
a. the use or the inability to use the Site;
b. any
defect in goods, samples, data, information or services purchased or
obtained from a User or a third-party service provider through the
Site;
c. 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;
d. unauthorized access by third parties to data or private information of any User;
e. statements or conduct of any User of the Site; or
f. any matters relating to Premium Services however arising, including negligence.
7.7
Notwithstanding any of the foregoing provisions, the aggregate
liability of vigogo.com, its employees, agents, affiliates,
representatives or anyone acting on its behalf with respect to each Use
for all claims arising from the use of the Site or the vigogo.com
service shall be limited to the greater of (a) the amount of fees the
User pays to vigogo.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 vigogo.com service must be filed within one (1) year from the date
the cause of action arose.
8. Intellectual Property Rights
8.1
vigogo.com is the sole owner or lawful licensee of all the rights to
the Site and the vigogo Content. The Site and vigogo.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 vigogo.com Content shall
remain with vigogo.com, its affiliates or licensors of the vigogo.com
Content, as the case may be. All rights not otherwise claimed under
this Agreement or by vigogo.com are hereby reserved.
8.2
"vigogo", "VIGOGO.COM" and related icons and logos are registered
trademarks or trademarks or service marks of vigogo Group Holding
Limited, and “GOLD SUPPLIER”, "TRUSTPASS" and “ALIEXPRESS” and related
icons and logos are registered trademarks or trademarks or service
marks of vigogo.com Limited, 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.
9. Notices
9.1
All notices or demands to or upon vigogo.com shall be effective if in
writing and shall be duly made when sent to vigogo.com in the
following manner: to vigogo.com Tin Lien Limited, Room 24F Jubilee Centre, 18 Fenwick Street, Wanchai, Tin Lien, Attn: Legal Department.
9.2
All notices or demands to or upon a User shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or
email to the last-known correspondence, fax or email address provided
by the User to vigogo.com, or by posting such notice or demand on an
area of the Site that is publicly accessible without a charge. Notice
to a User shall be deemed to be received by such User if and when
a. vigogo.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b. immediately upon vigogo.com's posting such notice on an area of the Site that is publicly accessible without charge.
10. General
10.1
Subject to any additional agreements relating to Premium Services, this
Agreement and the Privacy Policy constitute the entire agreement
between the User and vigogo.com with respect to and governs the use of
the Site, superseding any prior written or oral agreements in relation
to the same subject matter herein.
10.2
vigogo.com and the User are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
10.3
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
10.4
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
10.5
vigogo.com's failure to enforce any right or failure to act with
respect to any breach by a User under this Agreement will not waive
that right nor waives vigogo.com's right to act with respect with
subsequent or similar breaches.
10.6
vigogo.com shall have the right to assign this Agreement (including
all of its rights, titles, benefits, interests, and obligations and
duties in this Agreement and in any agreement relating to Premium
Services to any person or entity (including any affiliates of
vigogo.com). The User may not assign, in whole or part, this Agreement
to any person or entity.
10.7 This Agreement shall be governed by the laws of the Tin Lien Special Administrative Region ("Tin Lien")
without regard to its conflict of law provisions. The parties to this
Agreement hereby submit to the exclusive jurisdiction of the courts of Tin Lien.
10.8
If there is any conflict between the English version and another
language version of this Agreement, the English language version shall
prevail.