1. AGREEMENT TO TERMS
1.1 These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and socoje.com ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.socoje.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in China and have our registered office at Room 1, Floor 8, Building 513, Phase I, Mingdu Garden South District, Zhuodaoquan Village, Hongshan Township, Hongshan District, Wuhan City, Hubei Province, 430000, China. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.2 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
1.3 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.4 According to laws and regulations, you must be at least 16 years of age. If your country's national law requires full civil capacity to be older than 16 years old, you should have reached the required age. If you register as a user on this site, Socoje will default to you as a fully civil capacity people.
1.5 You acknowledge and agree that Socoje may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
1.6 If Socoje has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.
1.7 You may be required to enter into a separate agreement, whether online or offline, with Socoje or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.8 The Terms may not otherwise be modified except in writing by an authorized officer of Socoje.
2. Provision of Services
2.1 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Socoje may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.2 Socoje may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
2.3 Socoje reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Socoje may impose in our discretion.
2.4 Some Services may be provided by Socoje's affiliates on behalf of Socoje.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
3.2 You agree to use the Sites or Services solely for your own private and internal purposes. You agree that
(a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Sites Content”), and
(b) you will not copy, reproduce, download, compile or otherwise use any Sites Content for the purposes of operating a business that competes with Socoje , or otherwise commercially exploiting the Sites Content. Systematic retrieval of Sites Content from the Sites 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 Socoje is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read socoje.com’s Privacy Policy which governs the protection and use of personal information about Users in the possession of socoje and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 socoje may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that socoje has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of socoje and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of socoje’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to Socoje.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Socoje.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on socoje.com, advertising outside socoje.com and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to socoje that you have all the rights, power and authority necessary to grant the above license.
4. Member's Responsibilities
4.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
4.2 Member will be required to provide information or material about your entity as part of the registration process on the Sites for a member account. Each Member represents, warrants and agrees that
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
4.3 Upon becoming a Member, you consent to authorize Socoje to store and use your information in accordance with the Privacy Policy.
4.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
4.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
(a) be true, accurate, complete and lawful;
(b) not be false, misleading or deceptive;
(c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
(d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
4.6 Each Member further represents, warrants and agrees that you shall:
(a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
(b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
(c) not use the Services or Sites to defraud any person or entity;
(d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e) not engage in spamming or phishing;
(f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
(g) not involve attempts to copy, reproduce, exploit or expropriate Socoje’s various proprietary directories, databases and listings;
(h) not involve 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;
(i) not involve any scheme to undermine the integrity of the data, systems or networks used by socoje and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
(j) not engage in any activities that would otherwise create any liability for socoje or our affiliates.
4.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to socoje's e-commerce business.
4.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for socoje's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, socoje shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
4.9 Member acknowledges and agrees that socoje shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. socoje does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5. Breaches by Members
5.1 Socoje reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Socoje or our affiliates to liability, or is otherwise found inappropriate in Socoje’s opinion.
5.2 If any Member breaches any Terms or if Socoje has reasonable grounds to believe that any Member is in breach of any the Terms, Socoje shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Socoje shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Socoje. The penalties that Socoje may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Socoje may consider appropriate in our sole discretion.
5.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
(a) Socoje has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
(b) Socoje has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
(c) Socoje believes that the Member’s actions may cause financial loss or legal liability to Socoje or our affiliates or any other Users.
5.4 Socoje 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. Further, Socoje may disclose the Member'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. Socoje shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Socoje for such disclosure.
5.5 If a Member is in breach of the Terms, Socoje also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Socoje also reserves the right to disclose the records of such breach to our affiliates.Such Socoje affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such Socoje affiliates.
5.6 Socoje may at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Socoje has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Socoje and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Socoje shall have the right to publish the records of such breach on the Site. Socoje shall not be required to investigate such breach or request confirmation from the Member.
5.7 Each Member agrees to indemnify Socoje, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
5.8 Each Member further agrees that Socoje is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Socoje.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Socoje in asserting any available defenses.
6. Transactions Between Customers and Socoje
6.1 Customers agrees to provide all information and materials as may be reasonably required by Socoje in connection with orders placed at Socoje.com. Socoje has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
6.2 Each User agrees that Socoje shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from Socoje.com.
6.3 We will bear the risks and responsibilities in the transportation of goods. In some cases, these responsibilities and risks are transferred to the express logistics service provider. After you sign the goods, the risk of loss of goods will transfer to you.
7. Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCOJE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; SOCOJE.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND SOCOJE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
7.2 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 Socoje's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Socoje or through or from the Sites shall create any warranty not expressly stated herein.
7.3 Each User hereby further agrees to indemnify and save Socoje, our affiliates, directors, officers and employees harmless, from any and all losses, damages, 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 Sites. Each User hereby further agrees that Socoje is not responsible and shall have no liability to you, 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.Socoje reserves the right, at our 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 Socoje in asserting any available defenses.
7.4 Socoje 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, equity or otherwise or any other damages resulting from any of the following.
(a) the use or the inability to use the Sites or Services;
(b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
(c) unauthorized access by third parties to data or private information of any User;
(d) statements or conduct of any User of the Sites; or;
(e) any matters relating to Services however arising, including negligence.
7.5 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Socoje has been advised of or should have been aware of the possibility of any such losses arising.
8. Force Majeure
8.1 Under no circumstances shall Socoje be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our 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.
Suspension of services in Ukraine and Russia
8.2 Shipping service to Ukraine and Russia is temporarily unavailable due to the Force Majeure. Please contact customer service ASAP if you have not received your package yet. The Sellers shall not be responsible for late delivery or non-delivery of the goods due to the Force Majeure.
9. Intellectual Property Rights
9.1 Socoje is the sole owner or lawful licensee of all the rights and interests in the Sites and the Sites Content. The Sites and Sites Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Sites Content shall remain with Socoje our affiliates or licensors of the Sitse Content, as the case may be.All rights not otherwise claimed under the Terms or by Socoje are hereby reserved.
10. Notices
10.1 All legal 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 Socoje, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
(a) Socoje is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
(b) Immediately upon Socoje posting such notice on an area of the Sites that is publicly accessible without charge.
10.2 You agree that all agreements, notices, demands, disclosures and other communications that Socoje sends to you electronically satisfy the legal requirement that such communication should be in writing.
11. General Provisions
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Socoje with respect to and govern your use of the Sites and Services,superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
11.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.4 Socoje’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Socoje’s right to act with respect to subsequent or similar breaches.
11.5 Socoje shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Socoje). You may not assign, in whole or part, the Terms to any person or entity.
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