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TERMS OF USE

I. General

  1. Welcome to UShop, a website owned and operated by Universal Music Limited (this “Webstore”). These terms and conditions (the "Terms") govern your relationship (hereafter, "You" or "Your," individually) with Universal Music Limited ("UM") when You use UM’s online services (the "Services") via this Webstore. Wherever You see "UM" on the Webstore or in any of the Terms, this means UM and any of its affiliates, subsidiaries or any parent company (including the ultimate parent company) of UM and any subsidiary of any such parent company for the time being. From time to time, UM may use the services of third parties to assist UM in the provision of this Webstore.
  2. UM does not intend this Webstore to be viewed or used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older.
  3. By purchasing products via this Webstore, You accept and agree to be bound by these Terms and UM’s other policies posted on this Webstore which include but is not limited to the Privacy Policy . If You do not agree to these Terms, You should not use this Webstore.
  4. Orders may only be placed via this Webstore. UM does not accept orders in any other manner, including via telephone.
  5. You should print a copy of these Terms for future reference.
  6. If You have any questions about these Terms please contact UM by emailing: hk_ushop@umusic.com
  7. Placing an order via this Webstore may require You to use third party applications to commence and/or complete Your order. As such, when placing an order via this Webstore, You represent and warrant that You have accepted the terms and conditions of said third party applications, as applicable.
  8. You consent to receive communications from UM by e-mail. UM will communicate with you by e-mail or by posting notices on the Webstore. You agree that all agreements, notices, disclosures and other communications that UM provides to you in this manner satisfy any legal requirement that such communications be in writing.

II. Changes to These Terms

  1. UM may make changes to these Terms from time to time, which will be effective when posted on this Webstore. You should check this Webstore regularly for any updates to these Terms and read these Terms fully prior to any purchase.  Your continued use of this Webstore following the posting of changes will mean You accept those changes.
  2. You will be subject to the policies and Terms in force at the time that You order product(s) from UM, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by You).

III. Webstore Content

  1. The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads ("Content") are owned and controlled by or licensed to UM, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of UM or such affiliates, licensors and/or licensees.
  2. Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only.
  3. You may not, without UM’s express prior written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

IV. System Requirements

  1. All software (if any) used on this Webstore (“Software”) is the property of UM or its software suppliers.
  2. You may not:
      1. interfere or attempt to interfere or restrict or inhibit any other user from using and enjoying this Webstore or the Services;
      2. act in any way that would damage, disable, overburden, or impair this Webstore, Software(if any) or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
      3. upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, discriminatory or use of which may be in breach of any third party’s rights;
      4. impersonate any person or entity or misrepresent Your affiliation with any other person or entity;
      5. exploit any information or other material obtained on or through this Webstore for commercial purposes;
      6. engage in spamming, flooding, harvesting of e-mail addresses or other personal information, "spidering," "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using UM cookies for purposes which are unrelated to the Services);
      7. attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore;
      8. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services; or
      9. modify, adapt, translate or reverse engineer any part of the Software (if any); or
      10. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software (if any) to which access is not authorized.

V. Registration and Passwords

  1. If a particular Service requires You to register with this Webstore or set up an account, You will need to complete a registration process by providing the required information (including Your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that You will provide truthful and accurate information when registering or opening an account. The decision to register a password is in UM’s discretion and UM may revoke Your password at any time.
  2. You are responsible for maintaining the confidentiality of the password and Your account information, and You are solely responsible for all activities that occur under Your password or account and for any access to or use of this Webstore by You or any person or entity using Your password, whether or not such access or use has been authorized by You.
  3. You must immediately notify UM of any unauthorized use of Your password or account or any other breach of security.
  4. UM will not be liable for any loss or damage whatsoever resulting from the disclosure of Your username and/or password contrary to these Terms. You should not use another person’s account at any time without the express permission of the account holder.
  5. You are responsible for ensuring that the information UM holds is up to date. Please amend Your details as appropriate from time to time or email [  hk_ushop@umusic.com  ] to notify UM of any changes.
  6. Please see UM’s Privacy Policy for further explanation as to how UM uses the information UM collects from You and how UM uses cookies and traffic analysis tools.

VI. Placing an Order

  1. By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.
  2. If You are under the age of 18 years, You have to obtain the consent of a parent or guardian to accept these Terms on Your behalf.
  3. UM cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity.
  4. Your order represents an offer to UM to purchase a particular item which is accepted by UM only when UM sends You an email ("Dispatch Confirmation") confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing Your digital content.
  5. UM may reject, modify or cancel Your order for any reason prior to shipping Your order. If UM rejects Your order after payment has already been taken, UM will provide You with a refund.
  6. Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. UM is not liable for delays due to carrier, regardless of shipping method.
  7. Shipping delays will occur if an incorrect address is provided at the time of checkout. UM is not responsible for any lost packages due to Your provision to UM of an incorrect shipping address.

VII. Currencies

  1. All transactions conducted by or with UM, including sales of items shown on the Webstore, issuance of gift certificates and credit for returned merchandise, are made in HK Dollars. If the option to pay in other currencies is available, more information and applicable terms and conditions will be included in Customer Support – Payment. Please note that although payment may be made in such cases in other currencies, the HK Dollar prices indicated on the Webstore will apply.
  2. Payment made by credit card or PayPal in a currency other than HK Dollars will be converted to HK 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 service 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 HK Dollar price.
  3. The Webstore may allow You the opportunity to choose a "Reference Currency." The Reference Currency function converts the HK Dollar prices shown on the Webstore to a currency selected by You from those available on the Webstore. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO UM, UM MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE WEBSTORE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY YOU IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY UM ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
  4. NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
  5. In the event that any such refund were to be made in the future to You if You had previously paid in a currency other than HK Dollars and such refund was made through Your credit card or PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.
  6. In no event will UM 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.

VIII. Payment

  1. UM cannot confirm the price of a product until You place an 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.
  2. Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount.
  3. It is always possible that, despite UM’s best efforts, some of the products listed on this Webstore may be incorrectly priced. If the price for the product on the Webstore is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of UM, UM 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.
  4. UM 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. UM 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, UM will immediately issue a credit to Your credit card or payment service in the amount of the charge.
  5. UM offers a variety of payment options. Prices appear on this Webstore exclude all applicable taxes unless otherwise stated. UM may change the prices for products at any time by posting new prices on this Webstore.
  6. By paying with Your credit or debit card, or any other payment method, You confirm that the card is Yours and that You will pay all fees and charges incurred in connection with Your purchase (including any and all applicable taxes) at the rate in effect when the charges are incurred charges.

IX. Usage Rules

  1. Digital Content
    1. Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. UM may withdraw products from this Webstore at any time in its absolute discretion.
    2. Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please contact UM know as soon as possible at [ hk_ushop@umusic.com ]. UM will at its option repair or replace the relevant product at UM’s cost within a reasonable timeframe or will refund You for either the full or partial cost of the product as appropriate.
  1. Physical Products
    1. Delivery. UM will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of UM’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
    2. Risk and Title. Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when UM receives full payment of all sums due in respect of the products, including delivery charges.

X. Returns

  1. UM only accepts returns of certain defective products and products damaged in shipping for replacement or refund (depending on the availability of product). UM does not accept ANY returns of non-defective, non-damaged products.
  2. Replacement of returned products will be made after damaged/ defective products are sent back to our logistic centre. If the product is out of stock or replacement is unavailable, UM will refund via original payment method.
  3. For backorder products, full refund will be arranged if the products could not be delivered in 3-month time (counted from the order date). UM will refund via original payment method.

XI. Technical Problems

  1. Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by UM or the relevant third-party supplier as appropriate.
  2. UM will not be liable to You for failures, defects or delays in delivery caused by:
    1. Your provision of incorrect information;
    2. Your computer failing to meet the minimum technical requirements for the Services;
    3. Your failure to comply with instructions for use of the Services; or
    4. an event which is outside of UM’s reasonable control.

XII. International Orders; Import Duty

  1. Products ordered from this Webstore for delivery outside Hong Kong may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, You will be responsible for any local pickup or specified delivery with Your local postal service. UM has no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order.
  2. You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. UM will not be liable for any breach by You of any such laws.

 

XIII. Ticket and Event Pre-Sale Terms

  1. UM may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers.
  2. Access to obtain tickets before the general public ("Pre-Sale Access") does not guarantee a ticket, but is an opportunity to obtain tickets as a part of a pre-sale offering.
  3. Pre-Sale Access is controlled by third party entities, and UM and related parties have no control or liability in relation to such third party ticket offers.
  4. Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
  5. Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may apply
  6. UM does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement
  7. Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows You are certain You can attend.
  8. You may not resell Your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket privileges.

 

XIV. Sweepstakes, Contests, Promotions

  1. Any sweepstakes, contests or similar promotions made available through the Webstore will be governed by specific rules separate from these Terms, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion 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.

XV. Termination

  1. UM may, in UM’s sole discretion, suspend or terminate Your password, account (or any part thereof, if any) or use of this Webstore without notice if (i) You are in breach of these Terms; or, (ii) if UM believes, in UM’s absolute sole discretion, that the Services, the Content or the Software, is unsuitable; or (ii) unexpected operational difficulties.
  2. Termination, suspension or cancellation of Your access rights shall not affect any other right or relief to which UM may be entitled, at law or in equity.
  3. Upon termination, all rights granted to You under these Terms will automatically terminate and immediately revert to UM and UM’s licensors (save for any continuing rights which You may have in connection with products which You have purchased from this Webstore).

 

XVI. Disclaimer of Warranties and Limitation of Liability

  1. THIS WEBSTORE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE ARE PROVIDED BY UM ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSTORE, THE SERVICES AND ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UM DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSTORE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UM DOES NOT GUARANTEE OR WARRANT 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. UM MAKES NO WARRANTY THAT THE WEBSTORE, ITS SERVERS OR E- MAIL SENT FROM UM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSTORE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE WEBSTORE WILL BE DEFECT OR ERROR FREE.
  2. UM WILL NOT BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE WEBSTORE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE, THE USE OF THE WEBSTORE, ANY SUBMISSIONS, ANY LINKS ON THE WEBSTORE, ANY APPLICATIONS, ANY E-MAIL SENT FROM UM OR ANY THIRD PARTY'S UNAUTHORISED 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 UM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF UM ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE WEBSTORE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
  3. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSTORE IS AT YOUR SOLE RISK.

XVII. Indemnification

You agree to defend, indemnify and hold harmless UM, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Webstore, any Content and Services available on the Webstore, any breach of these Terms by You or any user of any of Your accounts.

XVIII. Transfer Rights and Obligations

  1. The agreement between You and UM created by these Terms (the "Agreement") is binding on You and UM and on UM’s respective successors and assigns.
  2. You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without UM’s prior written consent.
  3. UM may transfer, assign, charge or sub-contract the Agreement, or any of UM’s rights or obligations arising under it, at any time during the term of the Agreement.

 

XIX. Events Outside UM’s Control

  1. UM will not be liable or responsible for any failure to perform, or delay in performance of, any of UM’s obligations that is caused by events outside UM’s reasonable control. UM’s performance under these Terms is deemed to be suspended for the period that any such event continues, and UM will have an extension of time for performance for the duration of that period. UM will use UM’s reasonable efforts to find a solution by means of which UM’s obligations may be performed despite such event.

 

XX. Miscellaneous

  1. These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and UM and supersede and extinguish any prior understandings, agreements or terms between You and UM.
  2. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
  3. No breach by either You or UM of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
  4. No failure or delay by either You or UM in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either You or UM of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
  5. These Terms shall be binding on and endure for the benefit of each party’s successors in title.
  6. If any of the Terms 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 the Terms.

 

XXI. Governing Law and Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”).  
  2. Any dispute, controversy or claim relating in any way to the Webstore (including, without limitation, Your visit to and use of the Webstore or Services) or products You purchase through the Webstore 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 UM or any affiliate or licensor of UM, UM 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 English translation thereof. The arbitrator shall state the reason upon which the award is based.

 

 

 

 

 

Welcome to UShop, a website owned and operated by Universal Music Limited. These Terms of Use govern your use of the UShop website and all subdomains thereof. By using, visiting or shopping at the UShop website and all subdomains thereof, you agree to be bound by these Terms of Use, as well as the other policies posted on the UShop website.

In these Terms of Use, Universal Music Limited. is referred to as "UShop" and the UShop website and all subdomains thereof are referred to as the "Site".

UShop is located in Hong Kong. By displaying products on the Site, UShop 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.

USE OF THE SITE

License and Site Access

UShop grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site 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 UShop. UShop also grants you a limited, non- exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray UShop, 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:

  • 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 UShop 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 UShop;
  • Use UShop's name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or
  • Use UShop's logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited without UShop's prior express written consent. Any unauthorised 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 UShop.
 
Termination of Access
 
You agree that UShop may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site (including access through Facebook Connect as described below) and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorised 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 UShop, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A "UShop 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, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of UShop 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 UShop and are protected by applicable copyright laws. All software used on the Site is the property of UShop or its software suppliers and is protected by applicable copyright laws.

Trademarks

UShop, UMWEBZINE.COMandUMG.COM.HK are trademarks, registered trademarks or service marks of Universal Music Group or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics,logosandtradedressofUniversal Music Group and its affiliates,suppliersandlicensorsusedontheSite may not be used without the prior written consent of Universal Music Group or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no Universal Music Group trademark, service mark or trade dress may be used in connection with any product or service that is not Universal Music Group's, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits Universal Music Group.

No Responsibility for Third-Party Content; Copyright Claims

Content on the Site may be provided by third parties,either as a result of submission by users or other persons or because of selection by UShop. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors and not of UShop or its affiliates. None of the UShop Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The UShop Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorised UShop representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any UShop Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third- Party Content.

No UShop Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact UShop at the e-mail address or physical mail address below with the following information and signature:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address (including country), telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
Your notice should be sent to privacy@UShop or, if by physical mail, to:

Copyright Notices
Universal Music Limited.
19/F., Wyler Centre Phase II,
192-200 Tai Lin Pai Road,
Kwai Chung, New Territories,
Hong Kong

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 UShop 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 UShop Party or any Site 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".

UShop has the right but not the obligation to monitor, edit, move or remove any activity, Content or Submission on the Site. However, UShop does not regularly review Submissions and is entitled to presume that all Submissions comply with these Terms of Use. Users may notify UShop of user- submitted reviews that do not comply with these Terms of Use by using the "Report This" link next to such reviews.

UShop 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 UShop, 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 haveinorrelatingtoanySubmission cannot be licensed to UShop 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. UShop 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

UShop's product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. UShop's customers are located in various parts of the world. As a result, it is not practical for UShop 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.

UShop 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 UShop 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 UShop'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 UShop TO SHIP PRODUCTS. IN NO EVENT WILL UShop OR ANY OTHER UShop PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY UShop PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION 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 SAFETY LAWS.

By purchasing a product through the Site, customers outside of Hong Kong authorise UShop to make arrangements for clearance of customs on their behalf for the products they have ordered.

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE

Methods of Payment

UShop 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 UShop, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORISED 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 UShop 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 UShop does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by UShop or its agents.

If you reside in a country in the European Union and your credit card payment is processed via a European acquirer, then any terms regarding payment processing services will be between you and YA Trading Company Limited on behalf of Universal Music Limited. Goods and/or services will be delivered by Universal Music Limited directly.

If payment is made by PayPal®, the user agreement for the PayPal service 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 member. YOU, AND NOT UShop, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORISED AMOUNTS BILLED TO YOUR PAYPAL 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 UShop 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 UShop does not receive payment through the PayPal service, you agree to pay all amounts due upon demand by UShop or its agents.

UShop may also offer customers in certain jurisdictions the option to pay by check or direct deposit to specified bank accounts of UShop. If any of these options is available, more information and applicable terms and conditions will be included in Customer Support – Payment. Any fees payable in connection with any such methods, including any fees payable by UShop's bank, must be paid by you. Unless otherwise specified on the Site, checks must be made in US dollars.Unless expressly set forth on the Site, UShop does not accept any other payment form. If UShop offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.

Please refer to Customer Support – Payment for more information regarding UShop's policies and procedures relating to customer payments.

Unless expressly set forth on the Site, UShop does not accept any other payment form. If UShop 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 any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of yourpurchasesUShop will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.

Currencies

All transactions conducted by or with UShop, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars. However, for orders shipping to Hong Kong, UShop may allow customers paying by check or direct deposit, if such payment option is available, the option to settle in Hong Kong dollars at the fixed exchange rate of US$1 to HK$7.75. If the option to pay in Hong Kong dollars is available, more information and applicable terms and conditions will be included in Customer Support – Payment. Please note that although payment may be made in such cases in Hong Kong dollars, the US Dollar prices indicated on the Site will apply.

Payment made by credit card or 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 service 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.

The Site allows users the opportunity to choose a "Reference Currency." The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO UShop; HOWEVER, UShop IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY UShop ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

UShop 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 UShop 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.

UShop Gift Certificates, Coupons

UShop provides registered users with the opportunity to purchase UShop gift certificates, which may be applied to the purchase of any item on the Site excluding other UShop gift certificates. Terms and conditions of gift certificates will be as set forth at the page accessible through the link to Gift Certificatesontheleftsideofourhome page.

UShop may also provide coupons to certain customers through loyalty or promotional campaigns. Terms and conditions of coupons will be as separately advised by UShop or as set forth at Customer Support – Payment – Coupon & UShop credit. 

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. UShop does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF YOU PURCHASE A PRODUCT FROM UShop THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR UShop CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

UShop 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 depend on your monitor UShop cannot guarantee that your monitor's display of any color will be accurate.

Prices

UShop 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 UShop's best efforts, a small number of the products on the Site may 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 UShop, UShop 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.

UShop 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. UShop 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, UShop 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 UShop's pricing. Amounts shown as "Save" reflect the difference between the sale price and UShop's normal, or "list", price for a given product. However, UShop 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. UShop 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,andriskoflossofproducts,passes to you upon delivery to the common carrier selected by UShop 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 UShop's agreement to sell products to you.

Returns

UShop only accepts returns of certain defective products and products damaged in shipping for replacement or refund (depending on the availability of product). UShop does not accept ANY returns of non-defective, non-damaged products.

Replacement of returned products will be made after damaged/ defective products are sent back to our logistic centre. If the product is out of stock or replacement is unavailable, UShop will refund via payment reversal in PayPal. In other occasions, ALL refunds will be made in the form of Ucash that could be applied to other purchases on the Site. In no event will cash refunds be made.

For backorder products, full refund will be arranged if the products could not be delivered in 3-month time (counted from the order date). UShop will refund via payment reversal in PayPal..

Product Warranties

Unless pursuant to a supplemental (or "extended") warranty offered by UShop from time to time and subject to the terms and conditions applicable to such warranty plan as separately advised by UShop in writing or as posted on the Site from time to time (such warranty being a "UShop Warranty"), UShop 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 UShop's Privacy Policy, which also governs your visit to and usage of the Site, to understand UShop's practices with respect to usage and handling of user information.

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 UShop 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. UShop 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 UShop takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, no UShop Party is responsible for the acts of those who gain unauthorised access, and no UShop Party makes any warranty, express, implied or otherwise, that UShop or any other UShop Party will prevent unauthorised access to your private information.

Your Account

Certain portions of the Site may require you to establish an account, user name and password. You are responsible for maintaining the confidentiality of such account, user name and password, and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify UShop immediately of any unauthorised 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 unauthorised access to the Site. You may not authorise any other person to use your account, username or password. You agree to provide UShop with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the My Account link on the Site.

Applications; Facebook Connect

The Site may contain 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 UShop. Applications are provided solely as a convenience to you and UShop is not responsible for and does not sponsor or endorse the content of Applications. 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 UShop 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 UShop 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 UShop has not provided such information; and (3) your use of an Application is at your own option and risk and you will hold the UShop Parties harmless from any sharing of information about you, your actions on the Site or relating to your UShop 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 UShop 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 UShop 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 UShop.

UShop may allow youtologintoportionsoftheSite using "Facebook Connect", a Facebook, Inc. ("Facebook") Application, either as the sole means of logging in or as an alternate means. UShop may also allow you to use other Facebook Applications and features,suchasa"Like"button,so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.

Third-Party Links

The Site may contain links to other websites. UShop Parties are not responsible for examining or evaluating, and UShop Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No UShop 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

UShop 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. UShop 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

You consent to receive communications from UShop by e-mail. UShop will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that UShop provides to you in this manner satisfy any legal requirement that such communications be in writing.

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 UShop ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOUR USE OF ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO UShop PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE UShop 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 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 UShop 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. NEITHER UShop NOR ANY OTHER UShop PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E- MAIL SENT FROM UShop 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.

NO UShop 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 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 UShop OR ANY THIRD PARTY'S UNAUTHORISED 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 UShop PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE UShop PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE, 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 UShop 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 UShop (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject UShop to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region. By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, 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 UShop or any other UShop Party.

ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND 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 THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

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 UShop or any affiliate or licensor of UShop, UShop may seek injunctive or other appropriate relief in any appropriate jurisdiction and court.Arbitrationshallbeconducted 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 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 UShop of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with UShop's Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and UShop with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and UShop.

Indemnification

You agree to defend, indemnify and hold harmless UShop and the other UShop Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Modification to Terms of Use

UShop reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. 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 UShop posts a modified Terms of Use and then in accordance with such modified Terms of Use.