1.1 YOU acknowledge that this WEBSITE will operate only on those designated hardware and software platforms. YOU acknowledge that it is YOUR responsibility to have the appropriate software, hardware and internet connection to operate the then-current version of WEBSITE. VANILLA & BANANA, in our sole discretion, may modify the WEBSITE, or discontinue any service through WEBSITE at any time without notice, and VANILLA & BANANA also reserve all rights to cease supporting any hardware or software platform at any time without notice.
1.2 YOU acknowledge that some content of the WEBSITE is provided by third parties, and YOU also acknowledge that this WEBSITE may enable access to third parties’ services or websites. YOU agree to enjoy such services or websites and access at YOUR own discretion and such enjoyment shall be subject to the conditions and terms between YOU and such third parties, including but not limited to price of merchandize, order confirmation system, maximum order amount, product delivery and payment policy. YOU also acknowledge and agree that VANILLA & BANANA is not responsible for neither the agreement between YOU and such third parties nor any content provided by such third parties.
1.3 YOU acknowledge that any software you downloaded or obtained via the WEBSITE shall be used in compliance with the End User License Agreement (“EULA”) provided or contained therein.
1.4 YOU acknowledge that nothing in this NOTICE gives YOU a right to use any of VANILLA & BANANA’s trademarks, service marks, product or service names, slogans, logos or images unless YOU have agreed otherwise in writing with VANILLA & BANANA.
1.5 YOU acknowledge that this NOTICE may reference other guidelines, notices, agreements provided by VANILLA & BANANA or any information contained in the WEBSITE, and such reference shall constitute an integral part of this NOTICE.
1.6 YOU acknowledge that VANILLA & BANANA reserves the right to modify this NOTICE at any time, and each such modification shall be effective upon posting on the WEBSITE. YOUR continued use of the WEBSITE following any such modification will be deemed YOU agree to be bound by and YOUR acceptance of the modified NOTICE. It is therefore important that YOU read and visit this WEBSITE on a regular basis to ensure YOU are updated as to the applicable NOTICE. If YOU do not agree to be bound by this NOTICE and to abide by all applicable law, YOU must discontinue using the WEBSITE immediately.
1.7 YOU agree that the electronic format is the sole manner of declaration of intention of this WEBSITE or NOTICE.
1.8 YOU acknowledge that in order to protect YOUR privileges, YOU shall abide by the Internet application custom. YOU agree the following actions are strictly prohibited:
1.8.1 Any attempt to interfere, invade, or destroy any system or resource on the Internet.
1.8.2T ransmitting materials that are threatening, obscene, pornographic, or destroying the public order and customs.
1.8.3 Spreading computer virus through the network of the WEBSITE.
1.8.4 Using any data mining, robots, or similar data gathering and/ or extraction tools.
2. Intellectual Property Right
2.1 YOU acknowledge that YOU are solely responsible for the information upload, transmit, input or provide to this WEBSITE by YOU, and none of such information represents the opinion of VANILLA & BANANA. For the avoidance of doubt, information includes without limitation to, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Information”).
2.2 When YOU uploaded, transmitted, inputted or provided the Information to this WEBSITE, YOU grant VANILLA & BANANA, its affiliates and subsidiaries, a worldwide, non-exclusive, non-revocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Information in any media formats with any manner, including without limitation to modify, reproduce, public broadcast, public transmission, adapt, distribute, publish, public release, or otherwise use the Information.
2.3 If YOU do not have authorization for the above right, please do not upload, transmit, input or provide Information to this WEBSITE.
2.4 If YOU are accused of allegedly infringing any third party IPR on three or more occasions, VANILLA & BANANA reserves the right to terminate and/or restrict YOUR access to the WEBSITE.
2.5 All title and intellectual property rights in and to any third party content that is contained in the WEBSITE or may be accessed through the use of the WEBSITE, is the property of the respective content owners and may be protected by applicable intellectual property related laws and treaties.
2.6 If YOU are aware of any actual or prospective infringement of any content of the WEBSITE, or an infringement notification is required in accordance with applicable laws or regulations, please submit the notification to VANILLA & BANANA with the contact information indicated in this NOTICE, VANILLA & BANANA will proceed with the corresponding procedure in accordance with applicable laws.
2.7 Upon receipt of an infringement notification from a copyright holder or its agent, VANILLA & BANANA will remove, disable YOUR access to or may take other actions to alleged infringing content or services in accordance with applicable laws. If YOU believe that such content or services were not infringing, YOU may submit a counter notification to VANILLA & BANANA with the contact information indicated in this NOTICE, VANILLA & BANANA will proceed with the corresponding procedure in accordance with applicable laws.
4. License and Restriction
4.1 Subject to the terms of this NOTICE, VANILLA & BANANA hereby grants YOU a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to access or enter the WEBSITE and its services. Except for rights granted expressly herein, YOU acknowledge that all other rights remain with VANILLA & BANANA. Any and all rights, including without limitation, in the WEBSITE, are and shall remain the exclusive property of VANILLA & BANANA and/or its licensors. Nothing in this NOTICE intends to transfer any such rights, or to vest any such rights to YOU.
4.2 No Removal of Notices: YOU agree that YOU will not remove, obscure, make illegible or alter any notices or indications of any rights and/or VANILLA & BANANA’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
5. Term and Termination
5.1 If for any reason this WEBSITE is not capable of running as planned, including but not limited to force majeure, technical failures, unauthorized intervention, fraud or any other cause beyond the control of VANILLA & BANANA which corrupts or affects the administration, security, fairness, integrity or proper conduct of this WEBSITE, VANILLA & BANANA reserves the right in its sole discretion to cancel, terminate, modify or suspend the WEBSITE subject to any written directions from a relevant governmental authority.
5.2 This NOTICE is effective until terminated by YOU or VANILLA & BANANA. YOUR rights to use the WEBSITE will be terminated automatically without notice if YOU fail to comply with the terms and conditions mentioned in this NOTICE. In this regard, VANILLA & BANANA will not bear any responsibility to YOU. Upon termination of this NOTICE, YOU shall immediately cease all use of the WEBSITE and its copies, in whole or in part.
6. Warranty Disclaimer and Limitation of Liability
6.1 VANILLA & BANANA ensures that the computer system used in the WEBSITE has the reasonable expected safety standard.
6.2 YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED “AS IS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU, INCLUDING BUT NOT LIMITED TO RELATED COST OF ALL NECESSARY SERVICING AND REPAIR. TO THE EXTENT PERMITTED BY LAW, VANILLA & BANANA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS NOTICE OR FOR THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT OF COURSE OF PERFORMANCE. VANILLA & BANANA ALSO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
6.3 THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THIS SERVICE REMAINS WITH YOU. IN NO EVENT SHALL VANILLA & BANANA, ITS LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS NOTICE OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF VANILLA & BANANA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
6.4 VANILLA & BANANA shall not be responsible for any incorrect or inaccurate information, caused by the internet user or for any of the equipment or programming associated with or utilized in this WEBSITE, or for any technical error, or any combination thereof that may occur in the course of the administration of this WEBSITE including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure, theft or destruction or unauthorized access to or alteration of entries and any injury or damage to YOUR computer related to or resulting from participating in or downloading any materials in this WEBSITE.
YOU agree to defend, indemnify and hold harmless VANILLA & BANANA and its affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR violation of this Notice or any applicable law or regulation, or third-party right.For further information regarding this NOTICE and referenced guidelines, contact VANILLA & BANANA by registered mail, facsimile, e-mail or phone at: