Welcome to SkysongFireworks.com (here in after the “Skysong Website”). We, SkysongFireworks.com and/or its affiliates(collectively, “SkysongFireworks.com”) provide website features and other products and services to you when you visitor shop at the Skysong Website, use Skysong products or services, use Skysong applications for mobile, or use software provided by Skysong in connection with any of the foregoing(collectively, “Skysong Services”). Skysong provides the Skysong Services subject to the following terms & conditions. BEFORE ACCESSING OR USING THE Skysong WEBSITE AND Skysong SERVICES, PLEASE READ THE FOLLOWING TERMS& CONDITIONS CAREFULLY NOTE: The Skysong Website is intended for use by individuals 18 years of age or older. You represent and warrant that you are at least 18 years old or visiting the Skysong Website under the supervision of a parent or guardian.
These Terms & Conditions (hereinafter “T&Cs”) constitute a legally binding agreement between you and Skysong. Please read the following T&Cs carefully before registering with the Skysong Website and using any of the Skysong Services. By accepting this agreement, you agree to be bound by the T&Cs by accessing/browsing this Skysong Website and using Skysong Services, regardless of whether you create an account with Skysong Website or place an order. If you breach any of the T&Cs, you are prohibited from continuing to use the Skysong Website and Skysong Services. We reserve the right to change this Skysong Website and these T&Cs at any time with outpour notice.
- You agree to and are solely responsible for the following: • Providing accurate information required for using the Skysong Website and Skysong Services, including, without limitation, information related to your account and orders. • Not posting or transmitting to the Skysong Website any material which is: threatening, in breach of confidence, private, violates or infringes the copyrights, patents, trademarks or other proprietary rights of any person, infringes on the rights of a thirdparty, can potentially cause technical damage to the Skysong Website.
- Skysong reserves the right to remove any information which we believe is unlawful or inappropriate, violates the T&Cs stated or could potentially result in liability to Skysong.
- You may sign up for the Skysong Website with an email address. Skysong will assign your account identification and a password to enable you to access to the Skysong Website and receive the Skysong Services. Each time you login, you will be deemed an authorized user of the Skysong Website in a manner consistent with the T&Cs. You are solely responsible for protecting the confidentiality of the password you have provided to the Skysong Website and identification information assigned to you. You will notify us immediately of any unauthorized or misuse of your account.
- When you use any Skysong Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages at this Skysong Website or through the other Skysong Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Termination of Use
Skysong reserves the right to terminate your account and your use of the Skysong Website and all of the offered Skysong Services when the T&Cs are breached by you for any reason what so ever. You are personally liable for any orders that you place with us or charges that you incur prior to the termination of use. Skysong reserves the right to change or discontinue all or any aspects of the Skysong Website at any time without prior notice.
- User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with Skysong’s approval, one User may only register one member account on the Sites. Skysong may cancel or terminate a User’s member account if Skysong has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Skysong may reject User’s application for registration for any reason.
- Upon registration on the Sites, Skysong shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
- A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify Skysong immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Skysong or other Users of the Sites. Member shall indemnify Skysong, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Skysong shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
- Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
- Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
- Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
- Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Skysong’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Skysong and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Skysong or our affiliates.
- Member may not use the Sites, Services or member account to engage in activities which are identical or similar to Skysong’s e-commerce marketplace business.
- If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
- Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Skysong’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Skysong shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
- Member acknowledges and agrees that Skysong reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. Skysong does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
- Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
- Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
Breaches by Members
- Skysong reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Skysong or our affiliates to liability, or is otherwise found inappropriate in Skysong’s sole discretion.
- If any Member breaches any Terms, or if Skysong has reasonable grounds to believe that a Member is in breach of any Terms, Skysong shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Skysong in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Skysong may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Skysong may deem necessary or appropriate in its sole discretion.
- Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, Skysong has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) Skysong has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) Skysong has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) Skysong believes that the Member’s actions may cause financial loss or legal liability to Skysong or our affiliates or any other Users.
- Skysong reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Skysong may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Skysong shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Skysong for such disclosure.
- Skysong may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Skysong has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Skysong and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Skysong reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.
- Each Member agrees to indemnify Skysong, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.
- Each Member further agrees that Skysong is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. Skysong reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Skysong in asserting any available defenses.
Transactions Between Buyers and Sellers
- Through the Sites, Skysong provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Skysong additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, for any Services, Skysong does not represent either the seller or the buyer in specific transactions. Skysong does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Skysong uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Skysong cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
- Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as “Transaction Risks”. Skysong is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
- Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transactional Services Agreement.
- User agrees to provide all information and materials as may be reasonably required by Skysong in connection with your transactions conducted on, through or as a result of use of the Sites or Services. Skysong has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Skysong (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
Disclaimer & Limitation of Liability
By using the Skysong Website and Skysong Services, you expressly agree that use of this Skysong Website and Skysong Services is at your sole risk. We do not warrant that use of the Skysong Website will be error-free, nor do we warrant the content accuracy, integrity or completeness that you see at this Skysong Website. You here by acknowledge that this paragraph shall apply to all content, products and services available throughout the Skysong Website. Under no circumstances shall Skysong be liable for any direct or indirect damages that result from your use of or inability to use the Skysong Website and Skysong Services, including but not limited to reliance by you on any information obtained from the Skysong Website and Skysong Services that results in errors, deletions, viruses, delays in service or any other website performance failure. Whilst every effort has been made to ensure the content displayed at this website is correct, Skysong makes no warranty as to the accuracy of the information, and provides all information on an “asis” basis. Skysong, including our partners and affiliates, associated third parties, employees, contractors and those involved with the operating of the Skysong Website and Skysong Services, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Skysong Website or the products sold on it. This includes (but not limited to) any loss or damage suffered as a result of negligence.
Intellectual Property Rights
- All content included in or made available at this Skysong Website through any Skysong Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Skysong or its content suppliers.
- All graphics, logos, page headers, button icons, scripts, and service names included in or made available at this Skysong Website through any Skysong Services are trademarks or trade dress of Skysong in the P.R. China and other countries.
3. Skysong’s trademarks and trade dress may not be used in connection with any product or service that is not Skysong’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Skysong.
4. All other trademarks not owned by Skysong that appear at this Skysong Website or in any Skysong Services are the property of the irrespective owners, who may or may not be affiliated with, connected to, or sponsored by Skysong.
5. The use of any of Skysong trademarks without Skysong’s express written consent is strictly prohibited.
6. Besides the foregoing intellectual properties, all things you see on this Skysong Website are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Skysong. These rights and are protected by PRC and international copyright, trademark and other intellectual property laws, and any other applicable laws.
When you use apps created by Skysong, you may grant certain permissions to Skysong for your device.