Date of Last Revision: June 5, 2015
Orofei (“Orofei,” “we,” “us,” “our”) provides its products and services (described below) to you through its website located at Orofei.com (the “Site”) and its subdomains and related services (collectively, such products and services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.
If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.
Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Modifications to Service:
Orofei reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Orofei will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that Orofei may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Orofei’s servers on your behalf.
You agree that Orofei has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
When a product (“Product”) is offered for sale as part of the Services, Orofei may accept your offer to purchase Products subject to these Terms of Service.
At that time, Orofei will capture payment on the payment instrument you provided and ship your Product.
Orofei may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Products requested.
Orofei reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed.
We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
In addition, Products may be made available for reservation and pre-order via the Services.
If you place a reservation and pre-order for a Product that is not yet available for sale, Orofei will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available.
Availability, Pricing, Taxes: All Products offered via the Services are subject to availability.
Prices for the Products are subject to change without notice at any time.
To purchase a Product, you may be required to provide Orofei information regarding your credit card or other payment instrument.
You represent and warrant to Orofei that such information is true and that you are authorized to use the payment instrument.
You hereby authorize Orofei to bill your payment instrument in accordance with the Product you are purchasing.
You shall be responsible for all taxes and duties associated with Products other than Hong Kong taxes based on Orofei’s net income.
Resale and Title Transfer:
Purchases of Products via the Services are intended for end users only, and are not authorized for resale.
Title for Products purchased from the Services passes to the purchaser at the time of delivery by Orofei to the freight carrier, but Orofei and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
Shipping and Delivery:
Prices for the Products do not include shipping costs.
Our delivery charges are as quoted on the Services from time to time.
The estimated arrival or delivery date is not a guaranteed delivery date for your order.
You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined.
We are not liable or responsible if you break any such law.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
The following are examples of the kind of content and/or use that is illegal or prohibited by Orofei.
Orofei reserves the right to investigate and take appropriate legal action against anyone who, in Orofei’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
or (vii) in the sole judgment of Orofei, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Orofei or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Orofei information regarding your credit card or other payment instrument.
You represent and warrant to Orofei that such information is true and that you are authorized to use the payment instrument.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You agree to pay Orofei the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service.
You hereby authorize Orofei to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan.
If you dispute any charges you must let Orofei know within sixty (60) days after the date that Orofei invoices you.
We reserve the right to change Orofei’s prices.
If Orofei does change prices, Orofei will provide notice of the change on the Site, its Facebook (“Social Networking Service”), or in email to you, at Orofei’s option.
Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
You shall be responsible for all taxes associated with Services other than Hong Kong taxes based on Orofei’s net income.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service is for your personal use.
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by Orofei, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Service or distributed in connection therewith is the property of Orofei, our affiliates and our partners (the “Software”).
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
Any rights not expressly granted herein are reserved by Orofei.
The Orofei name and logos are trademarks and service marks of Orofei (collectively the “Orofei Trademarks”).
Other Orofei, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Orofei.
Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Orofei Trademarks displayed on the Service, without our prior written permission in each instance.
All goodwill generated from the use of Orofei Trademarks will inure to our exclusive benefit.
Third Party Material:
Under no circumstances will Orofei be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge that Orofei does not have a duty to pre-screen content, but that Orofei and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, Orofei and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Orofei, in its sole discretion, to be otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein.
By uploading any User Content you hereby grant and will grant Orofei and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Orofei are non-confidential and Orofei will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Orofei may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms of Service;
(c) respond to claims that any content violates the rights of third parties;
or (d) protect the rights, property, or personal safety of Orofei, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet.
Orofei has no control over such sites and resources and Orofei is not responsible for and does not endorse such sites and resources.
You further acknowledge and agree that Orofei will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Orofei is not liable for any loss or claim that you may have against any such third party.
YOUR USE OF PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. UNLESS EXPLICITLY NOTED IN A WARRANTY PROVIDED BY OROFEI, THE PRODUCTS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
OROFEI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OROFEI MAKES NO WARRANTY THAT (I) THE PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE PRODUCT OR SERVICE OR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OROFEI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OROFEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR OTHERWISE IN CONNECTION WITH THE PRODUCTS;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR REGARDING A PRODUCT OR SERVICE;
OR (V) ANY OTHER MATTER RELATING TO ANY PRODUCT OR SERVICE.
IN NO EVENT WILL OROFEI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OROFEI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PRODUCT, PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE OR TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY UNLESS OTHERWISE EXPLICITLY SET FORTH BY OROFEI IS TO DISCONTINUE USE OF THE APPLICABLE PRODUCT OR SERVICE.
You agree that Orofei, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Orofei believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
Orofei may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice.
Further, you agree that Orofei will not be liable to you or any third party for any termination of your access to the Service.
Any fees paid hereunder are non-refundable.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Orofei will have no liability or responsibility with respect thereto.
Orofei reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Orofei and govern your use of the Product and Service, superseding any prior agreements between you and Orofei with respect to the Service.
You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
The failure of Orofei to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign this Terms of Service without the prior written consent of Orofei, but Orofei may assign or transfer this Terms of Service, in whole or in part, without restriction.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail.
The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
At Orofei, we respect the privacy of our users.
You can use the privacy settings within the privacy Orofei Services to control which information about you is shared with others.
By using the Service, you consent to our collection and use of personal data as outlined therein.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.