Terms of service
TERMS OF USE
Updated: 1/9/2021
Welcome to laughingatall.com, a website owned and operated byJNTworld international trading co. Ltd. These terms of use (the "Terms of Use") govern your use of the laughingatall.com website, and the laughingatall mobile app. By using, visiting or
shopping at the laughingatall.com website,
all subdomains thereof, and the laughingatall mobile app, you agree to be bound by these Terms of Use, as well as the
other policies posted on the laughingatall.com website from time to time.
In these Terms of
Use, JNTworld international trading co. Ltd. is referred to as " laughingatall
", the laughingatall.com website,
all subdomains and the laughingatall mobile app are referred to as the "Site".
Laughingatall is
located in the Hong Kong Special Administrative Region of the People’s Republic
of China (" Hong Kong"). By displaying products on the site, Laughingatall is making an
offer to sell such products only to those who are legally capable of accepting
and do accept such offer in Hong Kong on the terms and conditions set out
herein. If you place an order for products shown on the Site, your order will
be deemed an acceptance in Hong Kong of such offer pursuant to these Terms of
Use.
The information
provided on this 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 thereof or of any place or which may
subject Laughingatall and its affiliates to any regulatory requirement within
such jurisdiction or country.
USE OF THE SITE
License and Site Access
Laughingatall
grants you a limited, non-exclusive, revocable license to access and make
non-commercial use of the Site in accordance with and subject to the Terms of
Use and not to download (other than page caching) or modify the Site or any
portion of the Site, except with the express written consent of Laughingatall. Laughingatall
also grants you a limited, non-exclusive, revocable right to create and display
a hyperlink to the home page of the Site in accordance with and subject to the
Terms of Use so long as the link does not portray Laughingatall, its affiliates
or their products or services in a false, misleading, derogatory or otherwise
offensive matter.
Prohibited Uses of the Site
The licenses set
forth in these Terms of Use do not include any rights to, among other things:
·
Interfere or attempt to interfere
with the proper operation of the Site;
·
Bypass any measures used to prevent
or restrict access to any portion of the Site;
·
Use any robot, spider, data-miner,
scraper or other automated means to access the Site or its systems for any
purpose or to copy, probe, test or monitor any portion of the Site or in any
way reproduce or circumvent the navigational structure or presentation of the
Site or to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available by Laughingatall or its
affiliates through the Site;
·
Take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Site
or any of the systems or networks comprising or connected to the Site;
·
Compile, repackage, disseminate or
otherwise use data available on or extracted from the Site, including product
information and prices;
·
Reproduce, record, retransmit, sell,
rent, distribute, publish, post or perform any of the content of the Site;
·
Modify, download (other than page
caching), reproduce, copy or resell the Site, the content or any portion or
derivative thereof;
·
Copy or download any account
information of any user of the Site for the benefit of any other person or
entity;
·
Frame or utilize framing techniques
to enclose any trademark, logo or other proprietary information (including
images, text, page layout or form) of Laughingatall;
·
Use Laughingatall’s name, trademarks,
service marks or logos in any meta tags or any other “hidden text”;
·
Use Laughingatall’s logo or other
proprietary graphic or trademark as part of a link without express written
permission;
·
Use the Site in a way other than that
expressly authorized in the section “License and Site Access” above.
Each of the
foregoing is expressly prohibited without Laughingatall's prior express written
consent. You may not use the Site for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Laughingatall or any
of its affiliates. Notwithstanding any other rights or restrictions in these
Terms of Use, you may not use the Site to: (a) transmit via or through the Site
any information, data, text, images, files, links, or software except in
connection with your authorized use of the Site or otherwise in response to
specific requests for information by us; (b) introduce to the Site or any other
computer or web site viruses, worms, Trojan horses and/or harmful code; (c)
obtain unauthorized access to any computer system; (d) impersonate any other
person, including but not limited to, a registered user of the Site or an
employee of us; (e) invade the privacy or violate any personal or proprietary
right (including intellectual property rights) of any person or entity; (f)
misrepresent the identity of a user or use a false e-mail address; (g) tamper
with or obtain access to the Site or any component of the Site; (h) conduct
fraudulent activities; or (i) collect or harvest information regarding other
users of the Site for any reason whatsoever, including, without limitation, for
sending such users unsolicited commercial e-mail.
Any unauthorized
use of the Site or any portion or derivative thereof by, on behalf of or
through you shall terminate any license or permission granted to you by Laughingatall,
and if any of your action causes losses to Laughingatall, Laughingatall
expressly reserves the right to claim damages and/or apply for other legal
remedies.
Termination of Access
You agree that Laughingatall
may, in its sole discretion and without prior notice to you, terminate or
suspend your access to all or any part of the Site and your App account without
notice, for any reason, including without limitation: (1) attempts to gain
unauthorized access to the Site or assistance to others attempting to do so,
(2) attempting to overcome software security features limiting use of or
protecting any content available on the Site, (3) discontinuance or material
modification of the Site or any service available on or through the Site, (4)
violations of these Terms of Use or applicable law, (5) failure to pay for
purchases, (6) suspected or actual copyright or trademark infringement, (7)
unexpected operational difficulties, or (8) requests by law enforcement or
other government agencies. YOU AGREE THAT NONE OF Laughingatall, ANY OF
ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A “Laughingatall PARTY”) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR
ACCESS TO THE SITE.
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
Copyright
All content
included on the Site, including, without limitation, text, articles, design,
graphics, logos, user interfaces, button icons, images, photographs, audio
clips, video clips, digital downloads, data compilations and software, and
other material on the Site ("Content") is the property of Laughingatall
or its licensors, product suppliers or content suppliers (including users who
supply Content) and is protected by applicable copyright laws. The
design, selection, arrangement, coordination and compilation of all Content on
the Site are the exclusive property of Laughingatall and are protected by
applicable copyright laws. All software used on the Site is the property
of Laughingatall or its software suppliers and is protected by applicable
copyright laws.
Trademarks
All trademarks,
product names and company names or logos used in the Site are our property or
that of their respective owners. No permission is given by us in respect of the
use of any such trade marks, get-up, product names, company names, logos or
titles and such use may constitute an infringement of the holder's rights.
Submission of Reviews and Other User Content
Where allowed on
the Site, users or other persons may submit reviews, articles, comments,
contest entries and other Content to the Site or users may offer or disclose
Content, ideas or other materials to Laughingatall in connection with the Site
(each such submission, offer or disclosure being a "Submission") . If you choose to submit such Content, you agree not to use a
false e-mail address, impersonate any person or entity or otherwise mislead any
Laughingatall Party or any App user as to the origin of any such Content.
You agree, represent and warrant that any Submissions submitted by you
will be accurate and will not violate these Terms or Conditions, any applicable
law or regulation or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s) and will not cause
injury to any person or entity. You agree, represent and warrant that you
have the authority to make all Submissions submitted by you and to grant the
rights and licenses described herein with respect to all such Submissions. You
further agree, represent and warrant that no Submission submitted by you will
be or contain libelous, unlawful, false, misleading, threatening, harassing,
defamatory, discriminatory, racist, violent, sexually explicit, pornographic,
indecent, offensive, abusive or obscene material or contain software viruses,
political campaigning, commercial, survey, research or other solicitations,
bulk communications, chain letters, advertising, commercial offers, mass
mailings or any form of “spam”.
Laughingatall has
the right but not the obligation to monitor, edit, move or remove any activity,
Content or Submission on the Site. However, Laughingatall does not regularly
review Submissions, and is entitled to presume that all Submissions comply with
these Terms of Use.
Laughingatall does
not acquire title or other ownership rights in or to any Submission made by
you. However, you agree that by posting, uploading, inputting, providing or
otherwise submitting, offering or disclosing a Submission you are: (1)
unconditionally granting Laughingatall, its affiliates and sublicensees
permission, without compensation to you or any third party, to use your
Submission in connection with the operation of their businesses (including,
without limitation, the Site), including, without limitation, the transferable,
non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully
sub-licensable right and license to use, copy, excerpt, distribute, disclose,
transmit, display (publicly or otherwise), perform (publicly or otherwise),
publish, reproduce, edit, create derivative works from, translate, reformat,
host, index, cache, tag, encode, modify and adapt your Submission in any
manner, for any purpose, without restriction and in any form or media now known
or hereinafter developed and to use and publish in connection with your
Submission your name, image, and other personal information, to the extent
submitted by you in connection with your Submission; and (2) unconditionally
granting to each user of the Site a non-exclusive license to access your Submission
through the Site and to tag, rate, review, comment on, use, reproduce,
distribute, display and perform such Submission as permitted through the
functionality of the Site and under these Terms of Use. To the extent any right
you may have in or relating to any Submission cannot be licensed to Laughingatall
or its affiliates under any applicable law or under any legal theory, you
hereby irrevocably waive any and all such rights, including without limitation
rights of publicity, rights of privacy, trademark rights, trade secret rights,
patent rights, copyright rights and "moral rights" or other rights
with respect to attribution of authorship or integrity of materials. Laughingatall
is and shall be under no obligation (1) to maintain any Submissions in
confidence; (2) to treat any Submission or the ideas therein as proprietary;
(3) to pay to you or any person or entity any compensation for any Submissions;
or (4) to use, return, or respond to any Submissions.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES,
REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
Laughingatall’s
product inventory available on the Site includes tens of thousands of products,
and product listings are constantly being changed and updated. Laughingatall’s
customers are located in various parts of the world. As a result, it is
not practical for Laughingatall to confirm whether import and sale of any of
these products may conflict with local exclusive distribution rights in effect
from time to time or otherwise constitute a violation of local law, including
product safety and other regulations.
LAUGHINGATALL MAKES
EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE.
IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER,
MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE
UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL
COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS
AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN
ALL COUNTRIES.
BY PURCHASING A
PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH
PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED LAUGHINGATALL TO
SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” AND
“INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES,
INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY
LAWS. YOU ACKNOWLEDGE AND AGREE THAT LAUGHINGATALL's ROLE IS
LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING
THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND
FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED LAUGHINGATALL
TO SHIP PRODUCTS. IN NO EVENT WILL LAUGHINGATALL OR ANY OTHER LAUGHINGATALL
PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY LAUGHINGATALL
PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY
OTHER THAN HONG KONG FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS
AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND
SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT LICENSING AND PRODUCT SAFETY
LAWS.
By purchasing a
product through the Site, customers outside of Hong Kong authorize Laughingatall
to make arrangements for clearance of customs on their behalf for the products
they have ordered.
We make no
representation that information on the Site is appropriate or available for use
outside Hong Kong. Those who choose to access the Site from outside Hong Kong,
do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
Laughingatall
offers a variety of payment methods on the Site for the convenience of
customers. Please note that each of the payment methods discussed below may not
be available at all times. You agree to pay all fees incurred in connection
with your purchases at the rates in effect when the charges were incurred.
If you pay by
credit card, your card issuer agreement governs your use of your card, and you
must refer to that agreement and not these Terms of Use to determine your
rights and liabilities as a cardholder. YOU, AND NOT JNTWORLD INTERNATIONAL
TRADING CO. LTD, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO
YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges
incurred in connection with your purchases (including any applicable taxes) at
the rates in effect when the charges were incurred. Unless you notify JNTworld
international trading co. Ltd of any discrepancies within sixty (60) days after
they first appear on your credit card statement, you agree that they will be
deemed accepted by you in all respects and for all purposes. If JNTworld
international trading co. Ltd Limited does not receive payment from your credit
card issuer or its agent, you agree to pay all amounts due upon demand by
JNTworld international trading co. Ltd Limited or its agents.
If payment is made
by PayPal®, the user agreement for the PayPal service, respectively, will
govern your use of that service, and you must refer to that agreement and not
these Terms of Use to determine your rights and liabilities as a PayPal.
YOU, AND NOT Laughingatall, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR PAYPAL OR ALIPAY ACCOUNT BY A THIRD PARTY. You
agree to pay all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when the charges were
incurred. Unless you notify Laughingatall of any discrepancies within sixty
(60) days after you first receive notice thereof, you agree that they will be
deemed accepted by you in all respects and for all purposes. If Laughingatall
does not receive payment through the PayPal or Alipay service, you agree to pay
all amounts due upon demand by Laughingatall or its agents.
Unless expressly
set forth on the Site, Laughingatall does not accept any other payment form.
If Laughingatall offers or accepts any other form of payment, you hereby
agree to all restrictions, terms and conditions associated with such other form
of payment.
Taxes
You are responsible
for paying all applicable taxes (including, but not limited to, sales, use or
value-added taxes) and other governmental fees, customs duties, charges,
penalties, interest, and additions to such taxes that are imposed on you upon
or with respect to the transactions and payments under these Terms of Use.
Unless otherwise specified in each purchase, all fees payable by you are
exclusive of applicable taxes and duties, including, without limitation,
value-added taxes, excise taxes, sales and transaction taxes, and gross
receipts taxes. With respect to each of your purchases, Laughingatall will
automatically charge and collect any applicable tax that it deems required in
any applicable jurisdictions.
Currencies
Payment made by
credit card, PayPal® in a currency other than US Dollars will be converted to
US Dollars at the exchange rate determined by your credit card issuer or
PayPal. Please consult your credit card issuer agreement or the user
agreement for the PayPal services for information regarding the determination
of exchange rates by them. These exchange rates may include a “spread,”
or amount payable to PayPal or the credit card issuer, which may result in the
actual price paid being higher than the posted US Dollar price.
NO REFUNDS WILL BE
MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
Laughingatall does
not provide cash refunds to customers. However, in the event that any
such refund were to be made in the future to a customer who had previously paid
in a currency other than US Dollars and such refund was made through the
customer’s credit card or PayPal then the credit card issuer or PayPal would
determine the applicable exchange rate at such time as provided above.
In no event will
any Laughingatall Party be liable for fees or charges payable in connection
with currency exchange or for any losses incurred as a result of fluctuations
in currency exchange rates.
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Product Descriptions
Products shown on
the Site may contain descriptions that are provided directly by the publisher,
manufacturer or distributor of such products. The information on the Site is
believed to be complete and reliable; however, the information may contain
typographical errors, pricing errors, and other errors or inaccuracies. Laughingatall
does not represent or warrant that the descriptions of any products shown on
the Site (including personal care products) are accurate or complete or up to
date. We reserve the right to: (i) revoke any stated offer; (ii) correct any
errors, inaccuracies or omission; and (iii) make changes to prices, content,
promotion offers, product descriptions or specifications, or other information
without obligation to issue any notice of such changes (including after an
order has been submitted, acknowledged, shipped or received). IF YOU PURCHASE A
PRODUCT FROM Laughingatall THAT IS NOT AS DESCRIBED ON THE SITE, YOU
ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN
SUCH PRODUCT IN UNUSED CONDITION FOR Laughingatall CREDIT IN THE AMOUNT OF THE
PURCHASE PRICE WHERE RETURN POLICIES APPLY. IF YOU PURCHASE A PRODUCT FROM Laughingatall
THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR Laughingatall CREDIT IN THE
AMOUNT OF THE PURCHASE PRICE.
Laughingatall has
made every effort to display the colors of products on the Site as accurately
as possible. However, as the actual colors you see will be affected by, among
other things, the color tone displayed on your monitor, Laughingatall cannot
guarantee that your monitor’s display of any color will exactly match the
actual colors of the products.
Prices
Laughingatall
cannot confirm the price of a product until you order. It is possible
that the price for a product may increase or decrease between the time that the
product is placed in a “shopping cart” or “shopping bag” and the time the
purchase is actually made. Also, despite Laughingatall’s best efforts, a
small number of the products on the Site may inadvertently display incorrect
prices. If the price for the product on the Site is incorrect and is
actually higher than the price provided at the time of purchase, then, at the
sole discretion of Laughingatall, Laughingatall may either (a) contact you for
instructions before shipping the product or charging you for such product or
(b) cancel the order for such product and notify you of such cancellation.
Laughingatall will
have the right to cancel any orders for products that have been listed at an
incorrect price, rebate or refund, that contain other incorrect information or
typographical errors or that are unavailable for any reason. Laughingatall
will have this right regardless of whether the order has been confirmed or your
credit card or other payment service has been charged. If your credit
card or payment service has already been charged for the purchase and your
order is cancelled, Laughingatall will immediately issue a credit to your
credit card or payment service in the amount of the charge.
Price Comparisons and “Save” Amounts
Price comparisons
may be made throughout the Site to indicate the relative savings amounts of Laughingatall’s
pricing. Amounts shown as “Save” reflect the difference between the sale
price and Laughingatall’s normal or “list” price for a given product.
However, Laughingatall makes no representation that a substantial number
of these products have been sold or made available for sale at the list price.
ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES
Order Acceptance
The offer and
acceptance of orders will be subject to the terms of the third paragraph of
these Terms of Use. Laughingatall may confirm its receipt of your acceptance by
sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products
and risk of loss of products, passes to you upon delivery to the common carrier
selected by Laughingatall to deliver your order.
You are obligated
to take delivery of any products you order notwithstanding that the quantity
delivered may be less than the quantity ordered, provided that any amount
charged to you shall be adjusted to reflect such lower quantity. Any such
discrepancy in quantity shall not be deemed a material change of the terms of
sale nor a breach or repudiation of Laughingatall’s agreement to sell products
to you.
Returns
Laughingatall
accepts returns of most defective products, products damaged in shipping and
(in the case of clothing) products of incorrect sizes, in accordance with the
terms and conditions posted from time to time at “Refund Policy.”
Replacement or
repair of returned products will be made in accordance with the Refund Policy.
Any refunds provided pursuant to the Refund Policy will be made in the
form of credit that may be applied to other purchases on the Site. In no
event will cash refunds be made.
Product Warranties
Unless pursuant to
a supplemental warranty offered by Laughingatall from time to time with respect
to the repair of defective jewelry products and subject to the terms and
conditions applicable to such warranty as separately advised by Laughingatall
in writing or as posted on the Site from time to time (such warranty being a “Laughingatall
Warranty”), Laughingatall will have no liability for any failure or malfunction
of a product sold on the Site. Requests for technical service and support
should be made directly to the manufacturer of a product in accordance with the
terms and conditions of any warranty provided by the manufacturer. Information
regarding manufacturers’ warranties is generally included in the materials
shipped with the products or is available through the Site.
OTHER ISSUES
User Privacy; Data Security
Please review Laughingatall’s
Privacy policy, which also governs your visit to and usage of the Site, to
understand Laughingatall’s practices with respect to usage and handling of user
information. We endeavor to ensure that all our collection, transmission, storage
and usage of personal data is carried out in compliance with the Personal Data
(Privacy) Ordinance, Cap 486 of the laws of Hong Kong.
You acknowledge and
agree that the Site is a public space and that your participation in and
Submissions to the Site create no expectation of privacy. Further, you
acknowledge that any personal information you submit to the Site may be seen
and used by others. No Laughingatall Party is responsible for information that
you or others choose to submit to the Site, or for your actions or the actions
of other users. Laughingatall or its designated agents may remove or alter any
information, Content or Submission posted or otherwise disclosed on the Site at
any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY
IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR
OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
While Laughingatall
takes reasonable steps to safeguard and to prevent unauthorized access to your
personal information, no Laughingatall Party is responsible for the acts of
those who gain unauthorized access, and no Laughingatall Party makes any
warranty, express, implied or otherwise, that Laughingatall or any other Laughingatall
Party will prevent unauthorized access to your private information.
Your Account
Certain portions of
the Site may require you to establish an account, username and password. You
are responsible for maintaining the confidentiality of such account, username,
and password and agree to accept responsibility for all activities that occur
under your account, username or password. You agree to notify Laughingatall
immediately of any unauthorized use of your account, username or password or
any other breach of security with respect to the Site. You may not use anyone
else’s account, username or password at any time. You may not attempt to gain
unauthorized access to the Site. You may not authorize any other person to use
your account, username or password. You agree to provide Laughingatall with
accurate, current and complete information about yourself and your billing
information as prompted in the registration process, and to maintain and
promptly update your registration information to keep it true, accurate,
current and complete. You may update your account information by clicking on
the “My Account” link on the Site. If we have reasonable grounds to suspect
that any information is untrue, inaccurate, not current or incomplete, we have
the right to suspend or terminate your registration.
Users' Confirmation
By creating an
account on the Site, User hereby confirms and undertakes that he/she is acting
as the Customer on his/her own account or acting on behalf of the Customer to
register such account. You represent to us and to all suppliers of the
merchandise through our site that all purchases made by you through our site
will be within the scope of your authority to conclude contracts.
Third-Party Websites and Applications
The Site may
contain links, hypertext links, log-in interfaces and other connections to
third-party websites and applications (including, without limitation, websites,
widgets, software and other software utilities) ("Application(s)"). Such Applications may be owned or operated by third parties
that are not related to, associated with or sponsored by Laughingatall.
Applications are provided solely as a convenience to you and Laughingatall is
not responsible for and does not sponsor, approve or endorse the content of
Applications or its operator. You will need to make your own independent
judgment regarding your interaction with Applications. You may choose, at your
sole and absolute discretion and risk, to use an Application and such
Application may interact with, connect to or gather and/or pull information
from and to your Laughingatall account. By using Applications, you acknowledge
and agree to the following: (1) if you use an Application to share information
about you, your actions on the Site or relating to your Laughingatall account,
you are consenting to such information being shared; (2) your use of an
Application may cause personally identifying information to be publicly
disclosed and/or associated with you, even if Laughingatall has not provided
such information; and (3) your use of an Application is at your own option and
risk and you will hold the Laughingatall Parties harmless from any sharing of
information about you, your actions on the Site or relating to your Laughingatall
account that results from your use of an Application. In addition, each
Application's end-user license agreement, terms of use, privacy policy and any
other documentation or materials designated by the Application will govern your
use of that Application. If you revoke an Application's access to your Laughingatall
account, information shared prior to revocation may continue to be viewable
within, or otherwise continue to be used by, the Application depending on the
policies of such Application. The Laughingatall Parties do not take any
responsibility for the performance of any Application or the use of any
information shared with any Application. Use of Applications is at your own option
and risk. If you have any questions, concerns, complaints, or claims about the
Applications, you should contact the support or contact personnel of the
Application and not Laughingatall.
Third-Party Links
The Site may
contain links to other websites. The Laughingatall Parties are not
responsible for examining or evaluating, and the Laughingatall Parties do not
warrant the offerings of, any of the businesses or individuals operating such
websites or the content of such websites. No Laughingatall Party assumes any
responsibility or liability for the actions, products or content of any of
these third-party websites. You should carefully review the privacy statements
and other conditions of use set forth in such websites.
Age of Users
By registering an
account with our Site you are making a statement, upon which we are entitled to
rely, that you are aged 18 years or above and capable of forming a legally
binding contract. Laughingatall does not intend the Site to be viewed or used
by individuals under the age of 18 (“minors”) without the supervision of a
parent or guardian 18 years of age or older. Laughingatall relies upon
parents and guardians to determine if any Content or items available on the
Site are appropriate for the viewing, access or purchase by minors. If a
user is a minor, such minor may use the Site only under the supervision of
parent or guardian. If a user is under 13 years of age the user may not, even
under the supervision of a parent or guardian, make any Submissions.
Sweepstakes, Contests, Promotions
Any sweepstakes,
contests or similar promotions made available through the Site will be governed
by specific rules separate from these Terms of Use, provided that unless the
separate rules provide otherwise, all information submitted through a
sweepstakes, contest or similar promotion will be considered Submissions and
will be subject to the terms relating thereto. By participating in any such
sweepstakes, contest or promotion, you agree to become subject to those rules,
which may vary from the terms and conditions set forth herein and which, in
addition to describing such sweepstakes, contest or promotion, may have
eligibility requirements, such as age or geographic restrictions.
Communications
Unless otherwise
provided, you consent to receive communications from Laughingatall by e-mail. Laughingatall
will communicate with you by e-mail or by posting notices on the Site or Site.
You agree that all agreements, notices, disclosures and other communications
that Laughingatall provides to you in this manner satisfy any legal requirement
that such communications be in writing. In the event where you elect not to
provide any direct method of communications to Laughingatall and strictly rely
on notices posted on the Site by Laughingatall for communication purposes, you
acknowledge and agree that Laughingatall shall have no obligation to contact
and/or communicate with you directly for whatever purposes; and where loss,
cost, damage, expense and/or liability of any kind are incurred (whether
directly or indirectly) as a result of your election, Laughingatall shall be
indemnified and held harmless by you for and against all such loss, cost,
damage, expense and/or liability of any kind.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL
INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED
BY Laughingatall ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND
YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND
PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE
THROUGH THE SITE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT TO YOU
THAT OUR SITE OR ANY OF ITS CONTENTS WILL BE ACCURATE COMPLETE OR RELIABLE. NO Laughingatall
PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF
THE Laughingatall PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS
(INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR
SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO Laughingatall PARTY GUARANTEES
OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY
SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT
OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. WE DO NOT
REPRESENT OR WARRANT THAT ANY SERVICES (WHETHER OR NOT PROVIDED BY US) WILL BE
PROVIDED WITH DUE CARE AND SKILL; OR ANY MERCHANDISE (WHETHER OR NOT PROVIDED
BY US) WILL BE OF MERCHANTABLE QUALITY OR WILL BE FIT FOR ANY PURPOSE (EVEN IF
THAT PURPOSE HAS BEEN PREVIOUSLY NOTIFIED TO US). NEITHER Laughingatall NOR ANY
OTHER Laughingatall PARTY REPRESENTS OR WARRANTS THAT THE SITE (INCLUDING THE
USAGE OF APPLICATIONS OR SOFTWARE), ITS SERVERS OR E-MAIL SENT FROM Laughingatall
(OR ANY PART OF IT) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR
FREE. YOU AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED
AS TOTALLY SECURE. WHILST WE STRIVE TO PROTECT SUCH INFORMATION, WE DO NOT
WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU TRANSMIT TO
US. ANY INFORMATION WHICH YOU TRANSMIT TO US IS TRANSMITTED AT YOUR OWN RISK.
NO LAUGHINGATALL
PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM,
RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT
(INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING
COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES
INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE
OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY
E-MAIL SENT FROM LAUGHINGATALL OR ANY THIRD PARTY'S UNAUTHORIZED
ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS
OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY LAUGHINGATALL PARTY
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT
LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LAUGHINGATALL PARTIES
ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING
COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF
THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS
REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO
NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN LAUGHINGATALL WARRANTY
(AS DEFINED ABOVE).
THE LAWS OF CERTAIN
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION
TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK.
APPLICABLE LAW AND DISPUTES
Applicable Law
The Site is
controlled, operated and administered by Laughingatall (or its licensees or
agents) from its offices within Hong Kong and is not intended to subject Laughingatall
to the laws or jurisdiction of any state, country or territory other than that
of Hong Kong. By visiting the Site, you agree that the laws of Hong Kong,
without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and Laughingatall
or any other Laughingatall Party.
ALL USE OF THE
SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITEAND
TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE
SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF HONG
KONG.
Disputes
Any dispute,
controversy or claim relating in any way to the Site (including, without
limitation, your visit to and use of the Site), to your Submissions, to the
licenses granted hereunder or to products you purchase through the Site shall
be submitted to confidential binding arbitration in Hong Kong conducted under
Hong Kong law, except that, to the extent you have in any manner violated or
threatened to violate the intellectual property rights of Laughingatall or any
affiliate or licensor of Laughingatall, Laughingatall may seek injunctive or
other appropriate relief in any appropriate jurisdiction and court.
Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong
Kong International Arbitration Centre. There shall be one (1) arbitrator.
The arbitrator’s award shall be final and binding and may be entered as a
judgment in any court of competent jurisdiction. The place of arbitration
shall be Hong Kong. The arbitration shall be conducted in the English language
and any non-English language documents presented at such arbitration shall be
accompanied by an official certified English translation thereof. The
arbitrator shall state the reason upon which the award is based.
GENERAL
Severability
If any of these
terms or conditions shall be deemed invalid, void, or for any reason
unenforceable, that provision shall be deemed severable and shall not affect
the validity and enforceability of any remaining portion of these Terms of Use.
Delay in Enforcement
No delay or failure
to take action under these Terms of Use shall constitute any waiver by Laughingatall
of any provision of these Terms of Use.
Complete Agreement
These Terms of Use
and any other policies posted on the Site from time to time, constitute the
complete agreement between you and Laughingatall with respect to the subject
matter hereof and thereof and supersede all prior agreements or representations
between you and Laughingatall.
Indemnification
You agree to
defend, indemnify and hold harmless Laughingatall and the other Laughingatall
Parties and all of our directors, employees, and contractors, from and against
any and all claims, damages, costs and expenses, including attorneys’ fees, or
other liability which may be incurred by us arising from or related to the use
of the Site and any Content available on the Site, any breach of these Terms of
Use, covenants, warranties, representatives, agreements herein and/or any Submissions
submitted, in each case by you or any user of any of your accounts.
Modification to Terms of Use
Laughingatall
reserves the right, at its sole discretion, to change, add or remove portions
of these Terms of Use from time to time without providing any prior
notification. It is your responsibility to check these Terms of Use each time
before using the Site. The amended Terms of Use are effective from the date
they are published on the Site. Your continued access and use of the Site and
our service following the posting of changes will mean that you unconditionally
accept and agree to the latest version of the Terms of Use. You agree that all subsequent
purchases by you, all Submissions and all other uses of the Site will be
subject to the terms and conditions of these Terms of Use, which shall apply
until Laughingatall posts a modified Terms of Use and then in accordance with
such modified Terms of Use.
