TERMS OF SERVICE
Welcome to the website (the “Site”) of profadking.com. profadking.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any profadking.com service, 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. profadking.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, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Any conducts on the Site indicates that you agree with all the terms and conditions in the Agreement. Please read the Agreement carefully before proceeding.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. USE OF THE SITE
You warrant that you are at least 18 years old or under the supervision of a parent or guardian when visiting the Site. Subject to the terms and conditions of the Agreement, the Site 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 with the purpose of shopping for personal items sold on the Site. If you make any commercial use of any of the information on the Site or make any use of the Site for the benefit of the third parties without the permission of the Site in advance, the license granted in the Site will be revoked immediately without notice to you. You shall not exploit this Site or any portion of it in writing, such as reproduce, distribute, display, sell, lease, transmit, create derivative works, translate, modify, disassemble, de-compile, etc. without expressly permission by the Site. Without permission, you shall not upload, distribute, or publish any contents, information, or other material through the Site 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.K. or international law;
(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. If the Site discovers that your conducts violate the Agreement or is harmful to the Site's interests, the Site reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion.
The Site assigns you a password and account identification to enable you to access and use certain portions of it. Each time you use a password or identification, you will be deemed to be authorized in a manner consistent with the terms and conditions of the Agreement. You are solely responsible for the use of the password and identification originally assigned to you on the Site, whether such access to and use on this site is actually authorized by you or not, including without limitation, all communications and transmissions and all obligations (including 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 the Site of any unauthorized use of your password or identification or any other breach or threatened breach of the Site's security.
2. REVIEWS AND COMMENTS
Except for elsewhere in the Agreement or on the Site, any contents you submit or post to the site, including ideas, knack, techniques, questions, reviews, comments, and suggestions, etc. will be treated as non-confidential and non proprietary. Once submitting or posting, you agree to the irrevocable license of the entry and all IP rights (excluding the moral rights such as authorship right) related to the Site without charge and the Site shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable rights to use, copy, distribute, display, publish, perform, sell, lease, transmit, translate, modify, create derivative works from such contents by any means and in any forms. All the contents automatically become the sole and exclusive property of the Site and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by the Site in the future.
You warrant that any contents you submit, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. The Site assumes no liability for any misuse of copyright or any other rights of third parties. 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, when you post comments or reviews to the Site, the Site has the right to use the name in your contents or in connection with such reviews, comments, or other contents. You shall not use a false e-mail address, pretending to be someone other than yourself, or mislead the Site or third parties as to the origin of any contents. The Site will not be obligated to remove or edit any such contents (including comments or reviews) for any reason.
3. PRIVACY POLICY
We reserve the right to change the Terms and Privacy Policy at any time upon notice to you, to be given by posting a new version on our website and/or by a change notice on the website. It is your responsibility to review the Terms and Privacy Policy periodically. If at any time you find either unacceptable, you must immediately leave the website and cease using it. You will be deemed to have agreed to any such change by your continued use of the website following the date of the change. Please click here.
4. ORDER ACCEPTANCE
The Site ships goods by USPS delivery to worldwide. It usually takes 3-8 days to arrive.
Please note that there may be certain orders that we are unable to accept and must cancel. The Site reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your orders being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or price information, or problems identified by our credit and fraud avoidance department. We may also require additional verification 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.
Payment over 30 days, goods do not receive; or goods delivered within quantity or quality problem, contact profadking.com.com's customer service(profadking@outlook.com) to provide compensate or refund.
5. INDEMNIFICATION
You agree to indemnify, defend, release, and hold harmless profadking.com, our affiliates, and our respective directors, officers, employees, agents, third-party providers, license, and licensees from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees and costs related to (i) your breach of these Terms, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the website; (iii) your provision to profadking of information or other data; (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall cooperate as fully as reasonably required in the defense of any such claim. profadking reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that profadking.com is not responsible for the operation of or content located on or through any such site.
7. REMEDIES
You agree that profadking.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that profadking.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that profadking.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 profadking.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 profadking.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
8. VIOLATION OF TERMS
If profadking becomes aware that you have violated any of the Terms, we may immediately take corrective action. Such measures include preventing you from using the website and immediately removing without notice any information, data, and content put on the website by you. If profadking has been injured by your violation, we may, in our sole discretion, seek to recover damages.
9. DISPUTES; GOVERNING LAW AND VENUE
This contract shall be governed by and construed in accordance with the laws of France.. without regard to conflict of laws principles. These Terms as amended from time to time, set forth the entire understanding between you and profadking.com and supersede any and all prior or contemporaneous agreements or understandings between you and profadking.com, whether oral or written, as to the subject matter of these Terms. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. You hereby consent to the exclusive jurisdiction and venue of courts in Germany. regarding any and all disputes relating to these Terms, your use of the Site or the Services. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of profadking.com
All trademarks referred to on this site are acknowledged as the property of their respective owners.
10. TERM; TERMINATION
This Agreement will remain in full force and effect while you use the website. profadking may terminate your right to use this website, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, your use creates legal exposure for us, the website is no longer commercially viable, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You may end your legal agreement with profadking at any time for any reason by deactivating your account and discontinuing your use of the website. You do not need to specifically inform profadking if you stop using the website.
In the event that we determine in our reasonable opinion that you have failed to comply with these Terms, we reserve the right at any time to: Permanently or temporarily disable your account; Permanently or temporarily remove any posting or material uploaded by you to our website; Issue a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Take further legal action against you; Disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we reasonably deem appropriate.
11. WAIVER
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
12. SEVERABILITY
If any section of these Terms is deemed invalid, void, or for any reason unenforceable, that section shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
13. ENTIRE AGREEMENT
This agreement, in concert with the Privacy Policy, constitutes the entire agreement between you and profadking with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and profadking with respect to the website. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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