TERMS AND CONDITIONS
If you reside in a country within the European Union, these terms are an agreement between you and ZC. Under this agreement, goods and/or services will be delivered via ZC, depending on the type of payment method used for the purchase of the goods and/or services. If you reside in any other country these terms are an agreement between you and ZC, and goods and/or services will be delivered by ZC directly.
1. Acceptance of Terms of Service and amendments
2. Florynight's service
Florynight.com and the services provided to you on and via Florynight.com are provided on an "AS IS" basis. You agree that Florynight reserves the right to modify or discontinue provision of Florynight.com and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Florynight will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
In order to use Florynight.com or certain parts of it, you may be required to register for a user account on Florynight.com; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms and Conditions, including any amendments made by Florynight that are published herein.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Florynight of any unauthorized use of your user account, user name or password.
6. Refund Policy
If for any reason you are unhappy with your purchase, please contact us at email@example.com within 14 days of receipt to arrange a replacement or refund. Items must be in their original condition, unworn, unwashed, unaltered, and undamaged with the original tags attached.
7. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that Florynight.com may expose you to content that may be objectionable or offensive. Florynight will not be responsible to you in any way for content displayed on Florynight.com, nor for any error or omission.
By using Florynight.com or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of Florynight.com or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use content or a service of Florynight.com in a commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use Florynight.com to promote or operate any service or content without Florynight's prior written consent;
(e) you will not provide any content that may give rise to Florynight being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
8. Submission of content on Florynight.com
By providing any content to Florynight.com:
(a) you agree to grant Florynight a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Florynight the license specified in this section 7;
(c) you acknowledge and agree that Florynight will have the right (but not obligation), at Florynight's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
9. Typographical Errors
While Florynight.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Florynight.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Florynight.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Florynight.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
10. Pricing in Different Currencies
Pricing of products sold by Florynight.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the site, other than on the individual product page, may not be the most current. Areas of the site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Florynight.com, excluding shipping.
You agree to indemnify and hold harmless Florynight and Florynight's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with Florynight.com or service, your provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party.
12. Disclaimer of warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF FLORYNIGHT.COM AND ZC HOLDING (HK) LIMITED OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND FLORYNIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FLORYNIGHT MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER FLORYNIGHT NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA FLORYNIGHT.COM MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT FLORYNIGHT WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
13. Limitation of liability
YOU UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLORYNIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
14. Reservation of rights
Florynight reserves all of Florynight's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Florynight may have in respect of Florynight.com, its content, and goods and services that may be provided. The use of Florynight's rights and property requires Florynight’s prior written consent. By making services available to you, Florynight is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of Florynight.com or provided services without Florynight's prior written consent.
15. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Florynight's copyright agent may be contacted via email at firstname.lastname@example.org.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to Hong Kong International Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties. These terms and conditions are governed by the laws of England and Wales.
17. Miscellaneous information
(i) In the event that any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms and Conditions will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of Florynight.com or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Florynight may assign Florynight's rights and obligations under these Terms and Conditions; in this event, Florynight will be relieved of any further obligation. These terms and conditions are governed by the laws of England and Wales.
18. Company Information
Office A, Unit 13, Court Farm, Stutton Road, Brantham, Manningtree, England, CO11 1PW
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