About Us
Vshopbd.com
Original Effective Date: November
12, 2015.
In using this website and/or service
the USER (also referred to as “you”) are deemed to have read and agreed to the
following terms AND CONDITIONS and privacy policy. TOGETHER THESE terms AND
CONDITIONS AND PRIVACY Policy CONSTITUTE YOUR USER AGREEMENT (“AGREEMENT”) WITH
INTERFOCUS, INC. AND INTERFOCUS EU LIMITED, owner and operator of www.vshopbd.com
website and application. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS
FOR YOUR USE OF OUR WEB SITE and/or application, ANY MEMBERSHIP YOU MAY
ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES
OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE OR APPLICATION, YOU
REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER
INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS of SERVICE IF YOU DO NOT
AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE
THE WEBSITE AND/OR APPLICATION, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR
SERVICES THROUGH THE WEB SITE.
Terms
and Conditions
Account Creation and
Use of Site
By registering as a user, you certify that you are 14 years
of age or older. Children under the age of 14 may not become a Site user, and
parents or legal guardians may not agree to these Terms of Use on their behalf.
If you are a resident of a state, province or country that imposes additional
or different age requirements for disclosure of personally-identifiable
information, by registering as a user, you hereby represent that your
registration as a user, the provision of your personally-identifiable
information to us, and our use of such personally-identifiable information as
stated in our Privacy Policy, does not violate the applicable laws or
regulations of such state, province or country.
Interfocus Inc., Vshopbd.com Application and Vshopbd.com (hereinafter
collectively referred to as Interfocus ) request that you provide your full
name, current address, a valid email address, and any other information need to
complete to sign-up process. Please note that by signing up for this Site you
acknowledge that Interfocus will use the initially provided email for all
communication.
When you sign up to use Vshopbd.com website and application
(hereinafter referred to as the site ) and create an account, you will be asked
to create a password. You are entirely responsible for maintaining the
confidentiality of your password and for all activity made by you or anyone
whom you allow to use your account. You agree to safeguard your password from
access by others. You agree to defend, indemnify and hold harmless Interfocus
for losses incurred by Interfocus or another party due to someone else using
your account as a result of your failure to use reasonable care to safeguard
your password. Interfocus is not responsible for any loss or damages that
result from your failure to maintain the security of their account and/or
password.
You are prohibited from transmitting any program, code,
virus or other item of a destructive nature. Furthermore, you must adhere to
all laws of your particular jurisdiction; moreover, any illegal or unauthorized
purpose is strictly prohibited. The prohibition noted in these terms is subject
to the law of your jurisdiction, inside the United States and abroad. You are
fully and solely responsible with knowing what activities are permitted in your
jurisdiction.
You agree to not reproduce, duplicate, copy, sell, resell or
exploit any portion of the Site, use of the Site, or access to the Site without
the express written permission by Interfocus. The name, trademark, symbol, or
representation of the Vshopbd.com brand is the sole property of Interfocus.
Interfocus retains the right to use or transfer any account information other
than your credit card information. *Credit Card or Debit information is always
encrypted. All transmission and storage of information by Interfocus, is
governed by Interfocus Privacy Policy.
Interfocus is and will be the sole arbiter of determining
which activity, content, usage is deemed destructive in nature. A breach of any
term in this Agreement is the sole determination of Interfocus and will result
in discipline, up to and including, termination of your account and legal
action by Interfocus.
Terms of Sale
All Products and services listed on the Site are subject to
change, as is Product information, pricing, and availability. Interfocus
reserves the right, at any time, to modify, suspend, or discontinue any Site
feature or the sale of any Product with or without notice. You agree that
Interfocus will not be liable to you or to any third party for any modification,
suspension, or discontinuance of any Site feature or Product.
Your receipt of an order confirmation or charging your
credit card account, by Interfocus does not signify our acceptance of your
order, nor does it constitute confirmation of our offer to sell. We reserve the
right at any time after receipt of your order to accept or decline or cancel
your order (in whole or in part) for any reason. We may require additional
verifications or information before accepting any order. Your order is not
accepted until it is shipped (or a portion of the order is shipped).
Any delivery dates provided by Interfocus are estimates. We
reserve the right to make deliveries in installments. Interfocus will send you
an email when your order has shipped and you may review your order and shipping
information on your account page.
Return Policy: Interfocus will only accept returns on products that are identified as eligible for return or are received damaged. Once Interfocus confirms that your Product.
User Feedback and
Content Submissions
Interfocus welcomes your feedback, but if you send us or
post or embed on the Site, App or via any Service, any feedback, messages or
comments; your creative or original concepts or ideas; any content, data, text,
photographs, graphics or other materials; or any confidential, proprietary or
other information ( Submissions ), you represent and warrant to Interfocus that
you either own the Submission or have the right to grant Interfocus the license
described below. Interfocus does not claim to own such Submission, only the
rights you have licensed to us.
You agree that in making a Submission, Interfocus shall not
be required to compensate you for any such license or Submission, that any such
Submission shall not be considered confidential or non-public once submitted to
Interfocus, and that Interfocus alone is free to decide whether or not to post
or use the Submission. In the event a Submission is posted or used via the
Service, you acknowledge and agree that the Submission and its contents become
publicly available and, as set forth below, can be used by others. Further, by
providing a Submission to Interfocus via the Site or otherwise, you: (a) agree
not to make any Submission that violates in any way the User Agreement; (b)
automatically grant Interfocus a perpetual, worldwide, unlimited, irrevocable,
transferable, assignable, sub-licenseable license to use the Submission, and
exercise all copyright, publicity and other rights with respect to any such
Submission; (c) subject to existing laws, waive any moral rights you or your
licensors have in any such Submission; and (d) agree to pay for all fees,
royalties, or other costs and expenses claimed by any third party arising out
of you making any Submission. You also grant each user of the Service a
perpetual, worldwide, non-exclusive license to access your Submission through
the Service, and to use, reproduce, collect, distribute, share, display and
perform such Submission as permitted through the Service and under these terms
and conditions.
All images submitted to the PatPat website or app become the
exclusive property of Interfocus. By submitting an image or a video, you hereby
irrevocably assign (and agree to assign) to Interfocs, free and clear of any
restrictions or encumbrances, all of your rights, title and interest in and to
the image or video submitted. This assignment includes, without limitation, all
worldwide copyrights in and to the image or video, and the right to sue for
past and future infringements.
Interfocus reserves the right to remove content at any time
with or without notice. Inappropriate content is not permitted on the Site and
will be removed.
Rights and
Reservations
Interfocus shall have the right to terminate your use of the
Site and/or your registration privileges at any time for any reason, including,
but not limited to, your breach of these User Agreement, or your violation of
any law, including, without limitation, violations of our intellectual property
rights or the intellectual property rights of a third party, or violations of
other applicable laws and regulations may at any time modify or terminate the
Site for any reason, without notice. We also reserve the right to refuse service
to anyone for any reason at any time.
Interfocus has the right, but not the obligation to, remove
Site content; as well as suspend a customers account that it deems in violation
of this Agreement. We will not tolerate any verbal or written abuse of any kind
(including threats of abuse or retribution) of any Interfocus customer,
Interfocus employee, member, or officer. Such conduct will result in immediate
account termination.
Interfocus may at any time request documentation proof of
identification in order to determine account ownership and use. Interfocus may
suspend use during such period until a determination can be made as to proper
ownership of said account.
You agree that any dispute or claim relating in any way to
your Interfocus purchase, use of any Product, or use of the Web site will be
resolved by binding arbitration rather than in court.
Furthermore, we each agree that any proceedings will be
conducted only on an individual basis and not in a class or representative
action or as a member of a class, consolidated or representative action. If a
claim proceeds in court rather than through arbitration, we each waive any
right to a jury trial.
You must send a letter requesting arbitration and describing your claim to:
Head Office
Jaynal Market, Alam Plaza, (Opposite of Jaynal Tower ),Uttara, Sector- 06, Road- 05, Dhaka-1230, Bangladesh.
Applicable law and Jurisdiction
By using our website at www.vshopbd.com or application or our service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern your use and any dispute of any sort that might arise between you and Interfaces.
Disputes
You agree that any dispute or claim
relating to any way to your use of our website at www.vshopbd.com or
application or our service will be resolved by binding arbitration in Santa
Clara before one arbitrator, rather than in court, except that you may assert
claims in small claims court if your claims qualify. The Federal Arbitration
Act and other federal arbitration law apply to this Agreement. The arbitration
shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. Judgment on the award may be entered in any court having
jurisdiction.
You also agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you further agree to waive any right to a jury trial.
Limitation of
Liability
You expressly and impliedly acknowledge and agree, the
extent permitted by law, that Interfaces shall not be liable for any direct,
indirect, incidental, special, consequential, exemplary or intangible damages
resulting from the use of or inability to use the service. Furthermore, the
extent permitted by law, Interfaces or our suppliers shall not be held liable
for lost profits or any special, incidental or consequential damages arising
out of or in connection with its site, its services or this agreement.
You agree to indemnify and hold harmless Interfaces and (as
applicable) its parent, subsidiaries, affiliates, as well as Interfaces
partners, officers, directors, agents, and employees, from any and all claims
or demands, including reasonable attorney’s fees, made by any third party
related to your breach of this agreement and incorporated documents or
violation of the rights of any third party.
You further acknowledge and affirm that your use of the Site
is at your sole risk. Interfaces has provided this Site on a as is and as
available; basis without any warranty or condition, whether it be express,
implied or statutory. Interfaces makes no warranty as to the Sites timeliness,
security, interruption or errors therein.
You acknowledge and affirm that Interfaces does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet any of your expectations, or that any errors in the Service will be corrected.
Waiver and Compete
Agreement
This Terms and Conditions, together with the Privacy Policy constitute to the User Agreement and represent the entire agreement between Interfaces and you, and supersede any and all preceding and contemporaneous agreements between Interfocus and you. The failure of Interfocus to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision in this Agreement will be effective only if in writing and signed by a duly authorized representative of Interfocus.
Your Intellectual
Property Rights
Interfocus does not have, nor do they claim any intellectual
property rights over the content, depictions or designs provided or uploaded to
Interfocus from its vendors for products sold on this Site. Vendors who
uploaded the Content are solely responsible for the Content. Vendors represent
that they have all necessary right to Content and that they are not infringing
or violating any third party’s rights by posting it.
By posting Content through our Services, vendors grant
Interfocus a non-exclusive, worldwide, royalty-free, irrevocable,
sub-licensable, perpetual license to use, display, edit, modify, reproduce,
distribute, store, and prepare derivative works of Content to provide the
Services and to promote Interfocus or PatPat, your Vshopbd.com shot, or the Services
in general, in any format and through any channels, including across any
Interfocus Services or third-party website or advertising medium.
Customer Information
Interfocus's Services are legally protected in various ways,
including copyrights, trademarks, service marks, patents, trade secrets, and
other rights and laws. You agree to respect all copyright and other legal
notices, information, and restrictions contained in any content accessed
through the Site. You also agree not to change, translate, or otherwise create
derivative works of the Service.
Interfocus grants you a license to reproduce content from
the Services for personal use only. This license covers both Interfocus's own
protected content and user-generated content on the Site. (This license is
worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want
to use, reproduce, modify, distribute, or store any of this content for a
commercial purpose, you need prior written permission from Interfocus or the
relevant copyright holder. A 'commercial purpose' means you intend to use,
sell, license, rent, or otherwise exploit content for commercial use, in any
way.
If you do something that gets us sued, or break any of the
promises you make in this agreement, you agree to defend, indemnify, and hold
us harmless from all liabilities, claims, and expenses (including reasonable
attorneys' fees and other legal costs) that arise from or relate to your use or
misuse of Interfocus. We reserve the right to assume the exclusive defense and control
of any matter otherwise subject to this indemnification clause, in which case
you agree that you’ll cooperate and help us in asserting any defenses.
Customer Information
Interfocus will not disclose any customer's confidential
information to third parties, except as required in the course of providing our
services or by law. Confidential information includes any materials or
information provided by you to us that is not publicly known. Confidential
information does not include information that: (a) was in the public domain at
the time Interfocus received it; (b) comes into the public domain after
Interfocus received it through no fault of their own; (c) Interfocus received
it from someone other than the client's without breach of this agreement or the
herein confidentiality obligations; or (d) as required to disclose by law or
court order.