Mohzy使用條款

Effective Date: October 1, 2009

Welcome to the Mohzy.com website (“Site”). By using the Site, or any services of Mohzy, you (“user or “you”) agree to be bound by the following terms and conditions (the “Terms of Use”), including those available by hyperlink. Mohzy (“we”, “us”, or “our”) reserve the right to limit or terminate your access to the Site if you do not comply with these Terms. If you have any questions or comments please refer to our Help section.

Before becoming a member on the Site, it is mandatory to read and accept all terms and conditions specified within the Terms of Use document. By accessing and using the site in anyway, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED WITHIN THE TERMS OF USE, DO NOT USE THIS SITE IN ANY WAY. If you are using the Site on behalf of an employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.

1. Changes In Terms of Use

Mohzy reserves the right to modify these Terms of Use at any time. If we modify these Terms, we will indicate that we have done so on the Site. Use of Mohzy.com constitutes your acceptance of these Terms or any modified Terms.

2. Mohzy Is A Venue

The Site is a venue for independently-owned handmade businesses (“Seller”) to open an online shop (“Shop”) and to offer, buy, and sell independently handmade products (“Product”) to consumers (“Buyers”). By using the Site, you agree and acknowledge that the Site is simply a venue for Sellers and Buyers to transact business (“Transaction”) and that Mohzy.com is not directly involved in any transactions between buyers and sellers. As a result, Mohzy is not liable or accountable for the quality, safety, legality, integrity, or condition of any aspect of any of the items listed on the Site. Mohzy does not transfer any legal ownership of products from a Seller to a Buyer. Mohzy does not pre-screen any of its Sellers and therefore, it is at the risk of the Buyer to engage in any personal or business dealings with any of the Sellers or Buyers on the Site. Mohzy cannot guarantee any of the Seller or Buyer information to be accurate including origin, nationality, age, gender.

3. User Information

If you wish to (a) purchase any Products from a Seller, (b) send a personal or business message to another user (c) provide article submissions, feedback, or comments, you must register with the Site and create a user account (“User Account”).

In submitting all such registration forms, you present and warrant that the information contained within the forms is truthful and accurate and you will update such information when it changes. Your willful provision of inaccurate or unreliable information shall constitute a material breach of these Terms of Use and constitute the basis for the termination of your account and your right to use the Site.

4. Products And Transactions

Each Seller represents and guarantees that it and all Products offered through their Shop on the Site will be in compliance with all local, county, federal laws and regulations, including, product safety, industry-specific laws and regulations. Both Seller and Buyer acknowledge that they are solely responsible for any Products sold or purchased through the Site and are required to pay any applicable taxes related to the Product transaction though their own means. Mohzy does not collect or remit any sales tax on behalf of Sellers. Each Seller agrees to indemnify and hold Mohzy harmless from and against any liability for any and all city, state, county, or federal sales tax associated with any Transaction. All Transactions are subject to these Terms of Use. By engaging any Transaction on the Site you are agreeing to have reviewed and agreed to comply with all these Terms.

5. Product Listings and Sales

Product Description: By listing a product on Mohzy you agree that all aspects of the Product comply with Mohzy policy. You also agree that you may legally sell this item. It is required to accurately describe your item and all terms of sale in your Shop. All products must be listed in the appropriate categories using accurate tags to describe the product. If the quantity of item is more than one, you must guarantee all items in that product listing are identical. Each unique product is required to have its own listing.

Shop Policy: Sellers are urged to outline their Shop policies. These policies include shipping, refund, return, transaction, and payment details. Sellers are responsible for enforcing their own shop policies. Mohzy reserves the right to request a Seller modify or change their Shop Policy. Failure to comply may result in account termination.

Binding Sale: All sales made on Mohzy are binding. The Buyer is obligated to purchase all items from any transaction they have made in a prompt manner.

6. Conduct And Responsibilities

Your use of the Site is subject to all applicable local, city, county, federal, and international laws and regulations. Without limitation, you agree to not use the Site to offer for sale, upload, list, share, post, or make available:

• Any content or Product that, in our sole judgment, is objectionable or which restricts or inhibits other individuals or groups from using or enjoying the Site or which may expose Mohzy or any of its users to harm or liability of any kind;
• Any kind of pornography;
• Any host images not part of a listing;
• Any false or misleading content, including without limitation, credentials or Product descriptions;
• Any forms of unauthorized advertisings, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or products not available on the Site;
• Any content or product that victimizes, harasses, intimidates, or degrades any individual or group of individuals on the basis of gender, sexual orientation, age, appearance, race, ethnicity, social status, or disability;
• Any kind of product that is illegal or otherwise would not be legal for sale in your city, county, and country;
• Any verbal abuse in the form of offensive or hurtful personal messages, forum posts, feedback, Product listings, or Articles.

7. Links to External Websites

The Site contains links to other web sites (“External Web Sites”) which may contain articles, photographs, text, pictures, music, images, sound, video, information, interactive content, or software and other content belonging to the Externals Web Sites. These External Web Sites are not monitored, investigated, checked for accuracy of information or appropriateness of content and Mohzy is not responsible for any content for any External Web Sites accessed through all areas of the Site. If you decide to leave the Site and access any External Web Site, you do so at your own risk and you acknowledge that Mohzy is not liable or responsible for any content contained on the External Web Sites.

8. Suspension, Termination

Mohzy reserves the right to terminate any Account holders at any time at its sole discretion and remove any user content provided by you in addition to your account information, shop, transactions, personal messages, and personal content.

9. Privacy Policy

Use of the Site is governed by our Privacy Policy

10. Service

Mohzy does not guarantee continuous, uninterrupted access to the Site, and operations of the Site may be interfered by with numerous factors outside of the control of Mohzy.

11. No Agency

You and Mohzy are both independent contractors and no agency, joint venture, partnership, employee-employer or franchise-franchisee relationship is intended by the use of the Site and this Terms of Use.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL MOHZY BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THIS SITE OR ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE, OR (iii) FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOHZY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF MOHZY OR ITS OFFICERS, FOUNDERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• THE SITE, AND ALL CONTENT, USER CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER.
• MOHZY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• MOHZY MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. MOHZY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
• USE OF THE SITE IS AT YOUR SOLE RISK. THE USE OR PURCHASE OF ANY PRODUCTS, MATERIAL, USER CONTENT PRODUCTS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE PURCHASE OF SUCH PRODUCTS OR THE DOWNLOAD OF SUCH MATERIAL, USER CONTENT AND/OR DATA.

14. Indemnity

You agree to indemnify and hold Mohzy, its subsidiaries and affiliates, and each of their directors, founders, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Product you sell through the Site, your Shop, any User Content you provide, any taxes owed or to be collected by you arising out of any Transaction, any Third Party Content you link to, post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of these Terms or of any law or the rights of any third party.