Terms of Sale of Digital Product
These are the terms and conditions (“Terms”) of sale of wangshunming.com. In this document, “we”, “our”, or “us” refer to wangshunming.com.
We recommend you review these Terms each time you purchase a Digital Product and download and store a copy of these Terms for your future reference.
SECTION 1 – ONLINE STORE TERMS
By placing an order for Digital Product through our site, you represent that:
- you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site;
- (ii) you are legally capable of entering into binding contracts;
- (iii) you will not copy, distribute or share the Digital Product other than as allowed under these Terms;
- (iv) you will not use our Product for any illegal or unauthorized purpose or, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 3 – LICENSE TO USE THE DIGITAL PRODUCT
All Digital Products available through the site are owned or controlled by us and are protected by intellectual property rights.
Any use of Digital Products purchased through the site is subject to these Terms. Upon payment of the price of the Digital Product, we grant you a non-exclusive, non-transferable license to use the Digital Product consistent with these terms.
You agree that you will download and use Digital Product for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Product to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant you any rights about the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
Downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported and copied. You must adhere to all usage restrictions that apply to the Digital Product as set out in these Terms.
To prevent unauthorized use, Digital Product may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Product but which would allow us to identify the origin of the Digital Product and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
SECTION 4 – AVAILABILITY AND DELIVERY OF THE DIGITAL PRODUCT
All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you or any third party.
We reserve the right, but are not obligated, to limit the sales of our Digital Product to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Digital Product that we offer. All descriptions of Digital Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Digital Product at any time.
SECTION 5 – PRICING
Prices for Digital Products are liable to change at any time without notice, but changes will not affect orders in respect of which we have already taken payment and made the download available.
The price of any Digital Product will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for Digital Products other than at the then-current price.
We use our best efforts to ensure the prices of Digital Products displayed on our site are correct. However, our site contains several Digital Products and it is always possible that, despite our best efforts, some of the Digital Products listed on our site may be incorrectly priced. We are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for Digital Products in the case of obvious and unmistakable pricing errors.
Note that, if you are downloading the Digital Product to a mobile device, some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to download the Digital Product to a mobile device. Note that overseas roaming charges may also apply.
SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Digital Product product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 7 – CANCELLATIONS AND RETURNS
You may not cancel an order for any download of a Digital Product once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
In the unlikely event of faults with, or damage to, the Digital Product, or if you have received a faulty or incomplete Digital Product, please contact us. We will repair or replace any such faulty or damaged Digital Product if possible or, if there are continuing issues with the Digital Product, we may issue you a refund. You must notify us within a reasonable time. If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Digital Product shall be that we will provide a replacement copy of a defective Digital Product or repair or replace the same.
Please note that we cannot guarantee that the quality or design of any Digital Product purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colours and images of our Digital Product. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
SECTION 8 – THIRD PARTY SERVICES
In connection with our provision of the Services, we may provide you with access to third-party services over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such Services “as is” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, Products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third party.
SECTION 9 – VIOLATION OF THESE TERMS
If you are in breach of, or we suspect you are in breach of, these Terms, then we may take any/all of the following actions:
- issue a warning to you;
- take legal action against you;
- disclose information to law enforcement authorities as we feel is necessary.
The responses described above are not limited and we may take any action we deem appropriate.
SECTION 10 -LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service to purchase Digital Product is at your sole risk. The service and all Digital Products delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Digital Product procured using the service, or for any other claim related in any way to your use of the service or any Digital Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or Digital Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 – EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
Our performance under these Terms will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms after notifying you of the nature of the extent of such Event. We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Product may be performed despite the Force Majeure Event.
SECTION 12 – GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
SECTION 21 – CONTACT INFORMATION
Questions about the terms should be sent to hello@wangshunming.com
