Terms of use
The following sets forth the agreement (the “Agreement”) between You and Sandy
Liang, LLC and Sandy Liang 88 Corp., along with its partners, affiliates, sponsors,
endorsers, owners, employees, or any other party working with or on behalf of Sandy
Liang LLC (collectively “Sandy Liang,” “We,” or “Us”). The Agreement states the rules to
which You are bound that govern all actions associated with, but not limited to, the use
of the Sandy Liang website (the “Website”)..
YOU ACKNOWLEDGE THAT, PRIOR TO USING THE WEBSITE, YOU HAVE READ
AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT
MODIFICATION. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS
AND REGULATIONS, AND YOU CONSENT TO THE INFORMATION PRACTICES
DISCLOSED IN THE SANDY LIANG PRIVACY POLICY (“PRIVACY POLICY”), AND
YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TRANSACT WITH SANDY
LIANG ELECTRONICALLY. IF YOU DO NOT AGREE TO ALL TERMS STATED IN THE
AGREEMENT AND ALL ACCOMPANYING DOCUMENTATION, INCLUDING BUT NOT
LIMITED TO THE PRIVACY POLICY, DO NOT USE THE WEBSITE.
Sandy Liang reserves the right to amend or modify the terms of this Agreement at
anytime. The most current version of this Agreement will be posted on the Website. The
most current Agreement will supersede all previous versions. You will be deemed to
have accepted the most current Agreement if You continue to use the Website after any
changes are posted.
1. Website Content . The content on the Website, including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features and the
like (the “Content”) and the trademarks, service marks, and logos (the “Marks”) are
owned by or licensed to Sandy Liang, subject to copyright, trademark, and other
intellectual property rights under United States and foreign laws and international
conventions.
2. Permitted Use . The Website may be used only for lawful purposes and is available
only for Your personal, noncommercial use, which shall be limited to viewing the
Website, purchasing products, providing information to the Website, and downloading
product information for Your personal review. You are responsible for Your own
communications, including the transmission, posting, and uploading of information and
are responsible for the consequences of such communications to the Website. Sandy
Liang specifically prohibits any use of the Website, and requires all users to agree not to
use the Website, for any of the following:
- Posting any information which is incomplete, false, inaccurate, or not Your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability
or otherwise violate any city, state, national or international law or regulation that would
fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise
owned by a third party unless You are the copyright owner or have the permission of the
owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless You
own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual
property, privacy, or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software
derived from the Website to foreign countries or certain foreign nations in violation of
any applicable export control laws;
- Attempting to interfere in any way with the Website's or Sandy Liang's networks or network security or attempting to use the Website's service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws
or regulations.
3. Disclaimer. The materials on the Websites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Sandy Liang expressly disclaims any duty to update or revise the materials on the Websites, although Sandy Liang may modify the materials at any time without notice.
Your use of the Websites is at Your sole risk, and You assume full responsibility for any costs associated with Your use of the Websites. Sandy Liang shall not be liable for any damages of any kind related to Your use of the Websites.
3.1 Fraudulent Communications / Phishing Disclaimer
We are aware that fraudulent emails, text messages, and websites sometimes purport
to represent Sandy Liang LLC in an attempt to deceive individuals into disclosing
personal, financial, or account information. Please note:
Official Communications – All legitimate communications from us will originate
from our domain: sandyliang.info.
-No Liability for Third-Party Acts – Sandy Liang LLC is not responsible for, and
expressly disclaims any liability relating to, any losses, damages, or harms of any
kind arising from scam, phishing, spoof, or fraudulent communications by third
parties who may unlawfully use our name, logo, or other information to deceive
you.
-User Responsibility – It is your responsibility to exercise caution and verify the
authenticity of any communication that appears to come from us. We strongly
advise that you do not disclose personal or financial information in response to
unsolicited communications.
-Reporting – If you receive a suspicious communication claiming to be from
Sandy Liang LLC, please notify us immediately at shop@sandyliang.info.
liable for the acts of third parties who fraudulently claim to represent the company.
3.2 Limitation of Liability – Fraudulent Communications
You acknowledge and agree that Sandy Liang LLC, its affiliates, officers, employees,
and agents shall not be liable for any losses, damages, claims, liabilities, costs, or
expenses arising out of or related to any fraudulent, spoofed, phishing, or otherwise
unauthorized communications or representations made by third parties that purport to
be affiliated with or acting on behalf of Sandy Liang LLC. Sandy Liang LLC does not
control, and is not responsible for, such third-party conduct, and disclaims any and all
liability for reliance by you or any other person on such communications. Users remain
solely responsible for verifying the authenticity of any communication that appears to
originate from Sandy Liang LLC.
4. Displayed Colors . We have made every effort to display as accurately as possible
the colors of our products that appear at the Websites. We cannot guarantee that Your
computer monitor's display of any color will be accurate.
5. Purchase Limitations . In an effort to enhance Your shopping experience and give as
many customers as possible the opportunity to purchase our merchandise, We may
place limits on purchases and We do not authorize the purchase of commercial
quantities of our merchandise. We also may, among other things, restrict orders placed
by or under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. We reserve the right to limit, cancel, or
prohibit orders that, in our judgment, appear to be placed in violation of this policy. We
further reserve the right to cease doing business with customers who violate this policy.
6. International Use . We control and operate the Website from the United States, and
all information is processed within the United States. We do not represent that materials
on the Website are appropriate or available for use in other locations. Please refer to
the International Orders page on the Website for more information. You agree to comply
with all applicable laws, rules, and regulations in connection with Your use of the
Website. Software that may be downloaded from the Website is subject to export
controls under the laws and regulations of the United States. By visiting and using our
Website, You acknowledge that You are not a national of, or resident within, any of the
countries that are subject to trade embargo under these laws and regulations.
7. Links to Other Websites and Services. The Website may contain links to other
websites that are not under the control of Sandy Liang. We have no responsibility for
the linked websites nor does linking constitute an endorsement of any linked website.
Links are provided solely for the convenience and information of the Website’s users.
8. Indemnification . Upon a request by Us, You agree to defend, indemnify, and hold
harmless Us and our parent and other affiliated companies, and our respective
employees, contractors, officers, directors, and agents from all liabilities, claims, and
expenses, including attorney’s fees that arise from Your use or misuse of the Website.
We reserve the right, at Your own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by You, in which even You will
cooperate with Us in asserting any available defenses.
9. Dispute Resolution and Choice of Forum . In the event of any controversy, claim,
action or dispute arising out of or related to any transaction conducted on the Website,
or the breach, enforcement, interpretation, or validity of this Agreement or any part of it
("Dispute", the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail)
describing the facts and circumstances (including any relevant documentation) of the
Dispute and allowing the receiving party 30 days in which to respond to or settle the
Dispute. Notice shall be sent
(1)to Sandy Liang LLC, 28 Orchard St, New York, NY 10002; or
(2) to You, at Your last-used billing address or the billing and/or shipping address in Your
online profile.
Both You and Sandy Liang agree that this dispute resolution procedure is a condition
precedent which must be satisfied prior to initiating any litigation or filing any claim
against the other party. In the event that any Disputes cannot be resolved outside of court, You further agree that all Disputes will be resolved by a state or federal court
located in or around New York, New York and You agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such claim or action.
10. Choice of Law. You agree that the laws of the State of New York govern this
Agreement and any claim or dispute that You may have against Us, without regard to its
conflict of laws rules, and that the United Nations Convention on Contracts for the
International Sale of Goods shall have no applicability.
11. Severability and Integration. This Agreement and any supplemental terms, policies,
rules, and guidelines posted on the Website constitute the entire agreement between
You and Us and supersede all previous written or oral agreements. If any part of
Agreement is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
12. Termination. This Agreement remains effective unless and until terminated by either
You or Sandy Liang. You may terminate this Agreement at any time. Sandy Liang also
may terminate this Agreement at any time without notice, and accordingly may deny
You access to the Website, if in Our sole judgment You fail to comply with any term or
provision of the Agreement. The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this Agreement for all purposes..