The following terms and conditions govern all use of the massagers.fit website and all content, application，services and products available at or through the website (taken together, the Website or “we”,“us”).
By using this Site, you signify your acceptance of this agreement. If you do not agree to this agreement, please do not use our Site. Your continued use of the Site following the posting of changes to this agreement will be deemed your acceptance of those changes.
We have the discretion to update this Terms of Service at any time. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically and become aware of modifications.
- Your massagers.fit Account.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Suspension and Termination.
We may suspend or terminate your account for any reason or no reason with no process to appeal. Possible reasons for suspending or terminating an account include but not limited to if you are found to be using ‘bots’ or other autonomous software programs, refuse to amend behavior after receiving a warning from an official massagers.fit representative , violate the Terms, or cause liability to other users of the Site. We reserve the right to protect the reputation of the Website and all other services it may offer.
- massagers.fit Applications.
We may make available software applications (“massagers.fit Applications”) to offer services to users without visiting massagers.fit, including the massagers.fit Browser Extension and massagers.fit Mobile Application. For purposes of this Agreement, references to the Website shall include massagers.fit Applications.
- Comment Feature.
You will be responsible for any comments/information that you post on the massagers.fit platform. massagers.fit reserves the right to block any keywords or symbols that are inconsistent with the Platform Policy, including but not limited to: pornography, violence, third-party promotions, contact information, and links to other websites etc. If you post the above or any other contents that violates applicable laws and regulations, you are legally responsible for your actions, including but not limited to: compensate for the infringed, and immediately pay equal to the amount of compensation to massagers.fit (including related legal procedure fee, legal fees, etc.) after massagers.fit first assumes the administrative penalty or tort damage to third-party caused by your actions.
massagers.fit has the right to warn or ban users who do not comply with the comment policy and applicable laws and regulations.
The massagers.fit platform is not ultimately responsible for any adverse consequences or losses caused by third-party comments to you.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your content’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by massagers.fit or otherwise.
By submitting Content to the website for inclusion, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any massagers.fit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
The Website has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we don’t represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
The Website reserves the right to display attribution links to your content.
- V Show Program Terms
You can post content (refer to section 6) on massagers.fit’s V Show section. Before you upload any content, you shall sign up for a massagers.fit shopper account first.
massagers.fit reserves the right to delete or remove the content at any time if any violations detected including but not limited to :
- Violent or repulsive content
- Sexual content
- Hateful or abusive content
- Harmful dangerous acts
- Child abuse
- Promotes terrorism
- Spam or misleading
- Captions issue
- Repetitions or empty content.
massagers.fit reserves the right to suspend or terminate any V Show Program at any time, in our sole discretion.
massagers.fit reserves the right of final interpretation of this activity.
- Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by massagers.fit violates your copyright, you are encouraged to notify massagers.fit in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of massagers.fit or others. In the case of such termination, massagers.fit will have no obligation to provide a refund of any amounts previously paid to massagers.fit.
- Partner Products.
By activating a partner product from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Advertising Prevention.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Site. Any website address posted on the Site, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Site.
You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as result of the presence of such advertisements or promotions or any subsequent dealings with third parties.
Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by us or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisements.
- Refuse Services.
We may close, suspend or limit your access to your Account and the services in the case that you have breached, or are acting in breach of this Agreement, we determine that you have infringed legal rights, and that you have engaged, or are engaging, in fraudulent, or illegal activities, etc. In addition, if you have breached this Agreement, we may seek other appropriate relief.
- Non-Disparagement Covenant.
You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party’s violation of this covenant. The Parties agree that the liquidated damages in the region of $50,000 per violation provided under this agreement, are in lieu of actual damages and are the Parties’ reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant.
- Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER THE WEBSITE AND SERVICES AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED.
- Attorneys Fees.
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover damages, other relief may be awarded, its costs and expenses, including reasonable attorneys fees, litigation costs, subpoena costs.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venture and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in using the Site and Site Services.
- Governing Law and Jurisdiction.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong. The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
- Force Majeure.
We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, or any other force majeure event.
The section headings in this Agreement are provided for convenience only and are not to be considered in the interpretation of this Agreement.
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
- Entire Agreement.
All notices to you will be effective when we send it to the last email or physical address you gave us or posted on the Website (You consent to receive communications from us electronically, and we will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Website). Any notice to us will be effective when delivered to us at: email@example.com.