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Terms & Conditions
Terms & Conditions
Last Updated: May 28, 2024
Please read these terms of use carefully. Your use of the Services confirms your unconditional acceptance of the followings terms of use. If you do not accept these terms of use, do not use the Services.
Welcome to Hzjiubang. These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at hzjiubang.com (or any successor links) and all associated web pages, Hzjiubang (together with their affiliates “Provider”, “we”, “our” or “us”), (ii) mobile applications that may be downloaded to your smartphone or tablet (each an “App”), (iii) online services (including the Site and the App, together the “Services”) and (iv) the products sold or otherwise provided by Provider (the “Products”).
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, BY USING THE SERVICES, YOU AND PROVIDER AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Products or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
1 Eligibility and Use Restrictions
(a) Age. You must be at least 16 years old to use or register for our Services. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at sale@hzjiubang.com.
(b) Use and Sharing. You may only use our Services for personal, family or household purposes. This means that you may not order Products from the Services for resale. Account registration is or may be limited to United States residents only, and online purchases for the Services are limited to orders shipping within the United States.
2 Privacy
Your use of the Services is subject to our Privacy Policy , which is expressly incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, share and otherwise process information about you.
3 Mobile Communications
Provider offers mobile messaging and telephone communication programs (programs that facilitate communications such as short messaging service, multimedia messaging service, artificial voice messages, prerecorded voice messages, and/or autodialed communications (collectively, “Program(s)”)), through which it sends periodic automated communications with news and offers. Such communications will be made in accordance with our Mobile Alerts Policy . The Mobile Alerts Policy to your participation in any Program(s), as well as telephonic communications generally. You acknowledge that telephone communications to or from us may be monitored and recorded and you consent to such monitoring and recording. Review the Mobile Alerts Policy here they are considered Supplemental Terms and expressly incorporated into these Terms by this reference.
4 Accounts
You may create an account with Hzjiubang through the Services, and you acknowledge that it may be necessary to create an account to receive certain Services. If you create an account with us, you must: (a) provide accurate and truthful information; (b) not share or permit others to use your individual account credentials; (c) promptly update any information contained in your account if it changes; (d) use a strong password for your account that is unique to our Services and not used by you in any other website or online service; and (e) maintain the security of your account, as applicable, and (f) promptly notify us if you discover or suspect that someone has accessed your account without your permission or there has been any other breach of security. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. If any information you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Supplemental Terms, or any applicable law, then we may suspend or terminate your account. We reserve the right to reject, require that you change, or reclaim email identifiers or other usernames (in each case, as applicable), including on behalf of businesses or individuals that hold legal title, including the respective trademark rights, in the foregoing. We also reserve a more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits, in our sole discretion, for any reason, and without advance notice or liability.
5 User Content
(a) Our Services may allow you and other users to create, post, store, and share content, including reviews, testimonials, communications, messages, text, illustrations, files, images, graphics, photos, videos, comments, feedback, surveys, responses, sounds, music, information, content, data, questions, suggestions and other materials (collectively, “User Content”). By submitting your User Content or by applying any required hashtags or other tags, you agree to these Terms. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.
(b) License to Provider. Except for the license you grant below, as between you and Provider, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content and you remain ultimately responsible for it. You grant Provider and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory. If you do not fully consent to authorize use of User Content as outlined here, do not provide such User Content. If you want to have your User Content removed from the Service, please contact us.
(c) Service Usage Rules. You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:
▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading, or fraudulent;
▪ Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
▪ May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
▪ Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
▪ Impersonates, or misrepresents your affiliation with, any person or entity;
▪ Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
▪ Contains any private or personal information of a third party without such third party’s consent;
▪ Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content;
▪ Contains links to external sites, including links to phishing or malware sites; or
▪ In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Provider or others to any harm or liability of any type.
(d) Enforcement. Provider has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling an action in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). Enforcement of this Section 5 is solely at Provider’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 5 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.
(e) Exclusive Right to Manage Our Service. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:
▪ Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
▪ Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
▪ Take any action with respect to your User Content that is necessary or appropriate, in Provider’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Provider’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
▪ As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.
6 Your Responsibilities
You are responsible for your use of the Services and any use made using your account. By using the Services, you agree that you will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:
▪ Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
▪ Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
▪ Use or attempt to use another user’s account or information without authorization from that user and Provider;
▪ Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
▪ Sell or resell our Services or order Products for the purpose of reselling them;
▪ Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
▪ Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
▪ Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
▪ Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
▪ Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Provider grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Provider reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
▪ Develop or use any applications or software that interact with our Services without our prior written consent;
▪ Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
▪ Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Provider; or
▪ Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Enforcement of this Section 6 is solely at Provider’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
7 Product, Content and Specifications
The Services may make available features, content, specifications, products, descriptions, images of Products, and prices of Products as well as references and links to Products and coupons or discounts for Products. We attempt to ensure that these are complete, accurate, and current, but despite our efforts, they may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness (including any features, specifications, and prices contained therein). The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Approximate measurements and other descriptions are provided for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
8 Terms of Sale
All purchases or other transactions initiated through the Services are governed by the terms set forth in this Section 8.
(a) Eligibility. To complete your purchase, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Services.
(b) Restrictions. You may only purchase Products for personal use by either yourself or their intended recipient. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
(c) Prices and Taxes. Certain states require that we charge applicable sales tax on product orders. Prices shown exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase.
(d) Payment. If you wish to make a transaction, you will be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment information that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(e) Shipping; Delivery; Risk of Loss. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Services. You will pay all shipping and handling charges specified during the ordering process. All products from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Provider. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers or insurers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments. Shipping and order cancellations are subject to Provider’s Shipping Policy.
(f) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there is a pricing error in a Listing or an error related to Product availability, we may correct the error by charging you the correct price or we may cancel your order. We will attempt to contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
(g) Returns, Refunds and Exchanges. Returns, refunds, and exchanges will be subject to Provider’s Returns Policy.
(h) Reservation of Rights. Hzjiubang reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product.
9 Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy . If the rules for a Promotion directly conflict with these Terms, the Promotion rules will govern.
10 Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights in the Services and Products are owned by Hzjiubang or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and intellectual property rights in the Services and Products are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
11 Intellectual Property
(a) Trademarks. The Hzjiubang and Juicy names (including any and all related names, as applicable) and our logos, product or service names, slogans, identifiers and the look and feel of the Services are trademarks of Hzjiubang and its affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark owned or controlled by us or any third party.
(b) Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Services are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Services for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of ours or any third party. The Services and the information contained on the Services are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Services, or use the contents of the Services in litigation, or for any commercial or promotional purposes, without the express written consent of Hzjiubang or its lawful successors and assigns.
All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
11 Modifying and Terminating Our Services
We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Provider in writing. You also have the right to stop using our Services at any time. You may terminate these Terms by closing any Account you have ceasing use of our Services. The parties’ respective rights and obligations under Sections 5(b), 7, 8, 10 (first two sentences, and last sentence only), together with all other provisions that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason. We are not responsible for any loss or harm related to your inability to access or use our Services.
12 Severability
If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
13 Miscellaneous
Provider’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. We may assign the Terms, in whole or in part, with or without notice to you. You can’t assign your rights or obligations under the Terms, and any attempted assignment in violation of this sentence will be void.