Terms of Use

These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of products or services available through this Site shall be governed by the Terms of Purchase (“Terms of Purchase”) of the Company’s corresponding website, which are incorporated herein by reference. Likewise, your use of this Site is governed by the Privacy Notice, which is also incorporated herein by reference.

Throughout the Site, the terms “we,” “us,” and “our” refer to the Company. The Company offers this Site, including all information, tools, and services available on it, subject to your acceptance of these Terms of Use.

Your continued use of this Site constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE READ THESE TERMS OF USE CAREFULLY, TOGETHER WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTIONS SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity


You represent that all information, data, and other materials you provide on this Site or to the Company by any other means are true, accurate, current, and complete. You are responsible for updating and correcting, as applicable, the information you have provided on this Site.

Privacy Notice


You consent to any personal information we obtain about you (whether through this Site, by email, telephone, or any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Notice.

License and Access to the Site


All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of the Company, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable laws.

The Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided that you do not modify or remove any copyright, trademark, or other proprietary notices appearing in the content.

The Company, its licensors, or its content providers retain full ownership of the content available on the Site, including all associated intellectual property rights, and provide such content to you under a license revocable at any time in the Company’s sole discretion.

The Company strictly prohibits any other use of any content available through the Site, including, without limitation:

  • Any download, copy, or other use of the content or the Site for purposes competitive with the Company or for the benefit of another provider or any third party;
  • Any caching, unauthorized linking to the Site, or framing of any content available on the Site;
  • Any modification, distribution, transmission, performance, dissemination, publication, upload, licensing, reverse engineering, transfer, or sale of, or creation of derivative works from, any content, product, or service obtained from the Site to which you are not entitled to make available (such as another party’s intellectual property);
  • Any upload, posting, or transmission of any material containing computer viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;
  • Use of any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, without limitation, use of scraping or data-mining techniques, robots, or similar data collection and extraction tools);
  • Or any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or that damages or interferes with the proper operation of such infrastructure.

You are responsible for obtaining access to the Site, and such access may involve third-party fees (such as internet service provider or mobile service charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) will terminate the authorization or license granted by the Company.

The Company reserves the right to refuse or cancel any person’s registration on this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, as well as to limit or terminate your access to or use of the Site at any time without notice. The Company does not warrant or represent that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or remedy to which the Company may be entitled, whether at law or in equity.

Content You Submit


You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy rights, or advertising material, that infringes intellectual property rights, that is illegal, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially or ethnically offensive, or otherwise objectionable, including, without limitation, any content that encourages conduct that constitutes a criminal offense, violates the rights of any party, or gives rise to civil liability, or that otherwise violates any applicable law.

You may not use a false email address or other false identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.

With respect to any content you submit, post, upload, disseminate, or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of it, in any medium. Such content will not be treated as confidential.

You hereby represent, warrant, and covenant that:

(i) any content you provide does not include anything (including, without limitation, text, images, music, or video) in respect of which you do not have full right to grant such license to the Company; and

(ii) the Company is free to exercise its rights over your content and/or implement it if it so wishes, without need to obtain permission or license from any third party and without reference to you or any other person.

Links


This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional means of accessing the information contained therein. We are not responsible for the content, advertising, products, or other materials available on such sites or resources, nor do we assume any liability therefor.

The inclusion of links to other sites or resources should not be construed as an endorsement of the content of such linked sites or resources. Your use of such linked sites or resources may be subject to different terms and conditions and privacy policies. The Company will not be liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or services available on or through such linked sites or resources.

Disclaimer of Warranties


EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE OR IN THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES, OR OF ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY’S SITES, AS WELL AS IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART OF IT AT ANY TIME. THE COMPANY DISCLAIMS ALL WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER MAKING IT AVAILABLE WILL BE FREE OF VIRUSES; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR COMPLETE.

IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability


You acknowledge and agree that you assume full responsibility for your use of the Site, your communications with third parties, and the purchase and use of products and services available through the Company’s Sites.

You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized third parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge.

Recognizing the foregoing, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection laws), neither the Company nor its licensors, suppliers, or external content providers (the “Company Parties”) will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to:

(1) this Site, or any other site or resource you access through a link from this Site;

(2) any action we take or refrain from taking as a result of communications you send to us;

(3) any product or service made available or purchased through the Company’s Sites, including any damage or injury arising from the use of such products or services (including product liability);

(4) any delay or inability to use the Site or any information, product, or service advertised or obtained through the Site;

(5) the modification, removal, or deletion of any content submitted or posted on the Site; or

(6) any use of the Site, whether based on contract, tort, strict liability, product liability, or otherwise, even if the Company Parties have been advised of the possibility of such damages.

It is the user’s responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site, or obtained from a linked site or resource.

This disclaimer applies, without limitation, to any damage or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system failure, your loss of profits, or theft, destruction, unauthorized access, alteration, loss, or use of any records or data, as well as any other tangible or intangible loss.

You specifically acknowledge and agree that neither the Company nor its licensors, suppliers, or external content providers will be liable for any defamatory, offensive, or illegal conduct of any user of the Site.

Your sole remedy for any of the foregoing claims or any dispute with the Company is to discontinue using the Site. You and the Company agree that any cause of action arising out of or related to the Site must be commenced within one (1) year after the cause of action accrues; otherwise, it shall be forever barred.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL OR PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification


You shall indemnify and hold harmless the Company Parties from any fines, penalties, liabilities, losses, and other damages of any nature (including attorney and expert fees) incurred by the Company Parties, and defend such Parties against any claims arising from:

(1) your breach of these Terms of Use;

(2) your breach of the Terms of Purchase;

(4) any fraud committed by you, or your willful misconduct or gross negligence; or

(5) your violation of any applicable law or the rights of a third party.

The Company Parties shall control the defense of any claim to which this indemnification may apply, and in no event shall you settle any claim without the prior written approval of the Company Parties.

Electronic Communications


When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive electronically any communications related to your use of this Site. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for a customer shall be deemed delivered and effective when sent to the email address you have provided on any of the Company’s Sites.

Postings on the Site


The Site may offer users the ability to post messages on the Site. The Company has no obligation to review any content (including messages) posted on or sent through the Site by users and assumes no responsibility relating to such content. The Company, in its sole discretion, may monitor, refuse to post, or remove such content.

Trademarks and Copyright


Trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the Company or its licensors or content providers, or other parties. Users or any party acting on their behalf are prohibited from using any Mark for any purpose, including, without limitation, use as meta tags on other pages or sites, without the written permission of the Company or such third party that may own the Mark.

You may not use frames or framing techniques or technologies to incorporate any content included on the Site without the Company’s express written consent. Likewise, you may not use any Site content in meta tags or in any other “hidden text” technique or technology without the Company’s express written consent.

All content (including any software programs) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Intellectual Property Infringement Claims


The Company respects the intellectual property of others and asks its users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of users of the website who are repeat copyright infringers.

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you shall provide the Company’s Copyright Agent with the following information (to be effective, the notification must be in writing and sent to our Copyright Agent):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a description of where such material is located on the Site;
  • Your address, telephone number, and, if available, email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information contained in your notification is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of such owner.

The Company’s agent for receiving notifications of copyright or other intellectual property infringement claims may be contacted as follows:

Email: service@masklo.com

The Company may update this contact information from time to time without notice. We will post the current contact information on this Site.

Survival of Terms Upon Termination of Agreement


Notwithstanding any other provision of these Terms of Use, or any contrary general legal principle, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of these Terms of Use.

Force Majeure


The Company shall be excused from complying with these Terms of Use or the Terms of Purchase, to the extent that it is prevented or delayed, in whole or in part, from performing as a result of an event or series of events caused by or arising from:

(1) weather conditions or other acts of nature or fortuitous events;

(2) acts of war, terrorism, insurrection, riots, civil disorders, or rebellion;

(3) quarantines or embargoes;

(4) labor strikes; or

(5) other causes beyond the Company’s reasonable control.

Risk of Loss


Items purchased through the Site are shipped by a third-party carrier pursuant to a shipment contract. Consequently, risk of loss and title for such items pass to you upon our delivery to the carrier.

Dispute Resolution


By using the Site in any manner, you consent and unconditionally agree that:

(i) any dispute, controversy, difference, or claim arising out of or related to this agreement, including its existence, validity, interpretation, performance, breach, or termination, or any dispute relating to non-contractual obligations arising out of or related to it, shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force at the time the Notice of Arbitration is filed;

(ii) the law applicable to this arbitration clause shall be that of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”);

(iii) the place of arbitration shall be Hong Kong;

(iv) the number of arbitrators shall be one, to be appointed by the Hong Kong International Arbitration Centre; and

(v) the arbitration proceedings shall be conducted in English.

General


If any provision set forth in these Terms of Use or in the Terms of Purchase is found to be invalid, void, or unenforceable for any reason, the parties agree that the court shall endeavor to give effect to the intent of the parties as reflected in such provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or of the Terms of Purchase.

Section headings are included for reference purposes only and shall not limit the scope or extent of such sections.

These Terms of Use or the Terms of Purchase and the relationship between you and the Company shall be governed by the laws of Hong Kong, to the extent not superseded by or incompatible with federal legislation, without regard to its conflict of laws provisions.

For any action not subject to arbitration, both parties agree to submit to the personal jurisdiction of a court located in Hong Kong.

The Company’s failure to act with respect to a breach by you or others of these Terms of Use or the Terms of Purchase shall not constitute a waiver of the Company’s right to act with respect to subsequent or similar breaches.

If any content on this Site, or your use of it, is contrary to the laws of the place where you are located when accessing it, the Site is not intended for you and we ask that you not use it. You are responsible for informing yourself about and complying with the laws of your jurisdiction.

The Company does not warrant that it will take action against all breaches of these Terms of Use or the Terms of Purchase.

Except as expressly provided otherwise in these Terms of Use or in the Terms of Purchase, there are no third-party beneficiaries to these Terms of Use or the Terms of Purchase.

Changes to These Terms of Use


You acknowledge and agree that the Company may, in its sole discretion, modify, add, or remove any part of these Terms of Use at any time and in any manner, by posting a revised version of the Terms of Use on the Site.

You may not modify or amend these Terms of Use under any circumstances.

It is your responsibility to review periodically any changes we make to the Terms of Use. Your continued use of this Site after the posting of any changes to the Terms of Use shall mean that you accept such changes.

Assignment


You may not assign these Terms of Use or the Terms of Purchase (or any right, benefit, or obligation thereunder), whether by operation of law or otherwise, without the prior written consent of the Company, which may be withheld in the Company’s sole discretion. Any attempted assignment not in compliance with these Terms of Use or the Terms of Purchase shall be null and void.

The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.

Entire Agreement and Admissibility


These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to its subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law. In some cases, both these Terms of Use and a separate document setting forth additional terms may apply to a service or product offered through this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail unless expressly stated otherwise therein.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or related to the use of this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us


If you have any questions or comments about these Terms of Use or about this Site, please contact us by email at:

service@masklo.com