1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with VendingCoinOperated as a registered User or whether said User is a paying customer for a specific service provided by VendingCoinOperated.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium
Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to VendingCoinOperated.com and/or its affiliates; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
1.4 VendingCoinOperated.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on January 18, 2012. Posting by VendingCoinOperated of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of VendingCoinOperated.com.
2. Premium Services.
2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, VendingCoinOperated.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and uses of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 VendingCoinOperated reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of VendingCoinOperated.com.
3. Users Generally.
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "VendingCoinOperated Content") for the purpose of re-selling or re- distributing the VendingCoinOperated.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with VendingCoinOperated.com, or otherwise commercially exploiting the VendingCoinOperated.com Content. Systematic retrieval of VendingCoinOperated.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from VendingCoinOperated.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3.2 VendingCoinOperated.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in
order to be aware of the terms and conditions of your use of such sites. User acknowledges that VendingCoinOperated.com has no control over such third party's web site, does not monitor such sites, and VendingCoinOperated.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
3.3 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.
3.4 VendingCoinOperated.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall VendingCoinOperated.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
3.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by VendingCoinOperated.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.7 As a condition of your access to and use of VendingCoinOperated.com, you agree that you will not use the VendingCoinOperated.com service to infringe the intellectual property rights of others in any way. VendingCoinOperated.com will in appropriate circumstances terminate the accounts of members or users who are
repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, VendingCoinOperated.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the VendingCoinOperated.com service, or if VendingCoinOperated believes that user conduct is harmful to the interests of VendingCoinOperated.com, its affiliates, or other users, or for any other reason in VendingCoinOperated.com's sole discretion, with or without cause.
4. Registered Users
4.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of VendingCoinOperated.com (a "Registered User"). VendingCoinOperated.com will establish an account ("Account")
for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
4.2 VendingCoinOperated.com may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
4.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to VendingCoinOperated.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
4.4 VendingCoinOperated.com may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in VendingCoinOperated.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) VendingCoinOperated.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) VendingCoinOperated believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, VendingCoinOperated.com's other Users, or VendingCoinOperated.com or its affiliates.
4.5 The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to
publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
4.6 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of VendingCoinOperated.com. VendingCoinOperated.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
4.7 Notwithstanding Section 4.1 above, VendingCoinOperated.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
5. Limitation of Liability
5.1 THE FEATURES AND SERVICES ON THE VENDINGCOINOPERATED.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND VENDINGCOINOPERATED.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
5.2 VENDINGCOINOPERATED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. VENDINGCOINOPERATED DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND VENDINGCOINOPERATED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE VENDINGCOINOPERATED.COM SITE.
5.3 Under no circumstances shall VendingCoinOperated.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer,
telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third
5.4 Each User hereby agrees to indemnify and save VendingCoinOperated.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save VendingCoinOperated.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to VendingCoinOperated.com, including but not limited to those set forth above. Each User hereby further agrees to indemnify and save VendingCoinOperated.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that
VendingCoinOperated.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. VendingCoinOperated.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with VendingCoinOperated.com in asserting any available defenses.
6. Intellectual Property Rights
6.1 VendingCoinOperated.com is the sole owner or lawful licensee of all the rights to the Site and the VendingCoinOperated Content. The Site and VendingCoinOperated.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and
intellectual property rights in the Site and VendingCoinOperated.com Content shall remain with VendingCoinOperated.com, its affiliates or licensors of the VendingCoinOperated.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by VendingCoinOperated.com are hereby reserved.
6.2 "VENDINGCOINOPERATED", "VENDINGCOINOPERATED.COM," and related icons and logos are registered trademarks or trademarks or service marks of VendingCoinOperated.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7.1 All notices or demands to or upon VendingCoinOperated.com shall be effective if in writing and shall be duly made when sent to VendingCoinOperated in the following manner: to 1765 hong Qaio Lu building 54, Suite 402 Shanghai China 200336 with a copy to VendingCoinOperated.com Limited, 5014 16th ave Brooklyn, N.Y 11204 Attn: Legal Department.
7.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to VendingCoinOperated.com.
8.1 All products will be warranted for a total of 180 days from the date of purchase. Warranty does not include damages to the product caused by use of product. All products are warranted for malfunctioned parts or damaged parts from factories production.
8.2 User is responsible to pay for shipping expenses only for any of the malfunctioned parts caused by the factory or the shipping company.
VendingCoinOperated will pay for the expense of the parts for the user.
9.1 VendingCoinOperated.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9.2 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.4 VendingCoinOperated.com's failure to enforce any right or failure to act with respect to any breach by a User (Buyer) under these terms and conditions will not waive that right nor waives VendingCoinOperated's right to act with respect with subsequent or similar breaches.
9.5 VendingCoinOperated.com shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
9.6 This Agreement shall be governed by the laws of the Chinese Special Administrative Region ("China") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of China.
10.1 Shipping rate is quoted directly by shipping company or agent. Shipping rates which varies is determined by the market price of oil and other fluctuating material to cause shipping rates to go up and down. Vending Coin Operated has no responsibility for the shipping company�s rates or procedure for shipping buyer�s goods.
10.2 VendingCoinOperated is not responsible for any estimated quote that has been given and changed during the shipping procedure until final destination has been reached.
10.3 It is the buyer�s responsibility to find out exact shipping quotes with his shipping agent or customs broker so that buyer can determine the shipping rate more precisely.
10.4 Vending Coin Operated is responsible to give dimensions of cartons in order for the buyer to determine the exact shipping quote with his or her shipping agent.
10.5 Vending Coin Operated sells all of its goods FOB (freight on board) which means seller is responsible to bring the goods up to the port of loading in the country where the goods are loaded.
Coin operated vending machines and massage chairs.
Our management philosophy is people orientation, technical creativity, credibility and pursuit of excellence. The core competence is sustainable developing of technology and service. Our success comes from our strong professional and service team, which includes high talents of Ph. D, senior engineers and senior economists and other engineers.
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