TERMS AND CONDITIONS OF USE
Welcome to Fonder.com! Fonder.com, together with its subsidiaries and affiliates ("FONDER") provides you access and use of this site subject to your compliance with these terms and conditions of use (the "Site Terms"). By accessing, browsing, and using this site (the"Site"), you agree to be bound by the site terms and all applicable law. If you do not agree to be bound by the site terms and applicable law each time when use this site or you do not have the authority to agree to or accept these site terms, you may not use this site.
Please review our privacy notice, which also governs your visit to fonder sites, to understand our practices.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software etc., is the property of Fonder or its content suppliers and protected by international copyright laws.
C. Content <more for seller>
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including FONDER users). You may use catalog contents solely in connection with your fonder listings during the time your listings are on Fonder´s sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Fonder policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Reviews, Comments Communications, and other content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fonder reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fonder a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fonder and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fonder for all claims resulting from content you supply. Fonder has the right but not the obligation to monitor and edit or remove any activity or content. Fonder takes no responsibility and assumes no liability for any content posted by you or any third party.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" price, which means the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Fonder, despite our best efforts, a small number of the items in our catalog may be mispriced. If an item´s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation and refunding.
Please note that this policy applies only to products sold and shipped by Fonder. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Fonder attempts to be as accurate as possible, however, fonder does not warrant that product descriptions or other content of this site is accurate, complete, reliable, or error-free. If a product offered by Fonder itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Fonder operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Fonder does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
If you have a dispute with one or more suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
E. Limitation of Liability
You acknowledge that we are not a traditional online merchant. Instead, we allow all our suppliers to maintain their own content listed on our sites at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats. We do have algorithm and procedure to examine or evaluating, analysis and rank the reliability of the information from users’ for a single purpose to build a better shopping place, but we do not guarantee the quality, safety or legality of items listed or advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
You will not hold Fonder responsible for other users´ or 3rd party’s content, actions or inactions, items they list or their destruction of allegedly fake items.
In no event shall Fonder be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use or inability to use this site or material contained in, or accessed through this site.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of your breach of this site terms, or your violation of any law or the rights of a third party.
G. Copyright complaints
Fonder respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice and procedure for making claims of copyright infringement.
|1.||Severability: If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.|
|2.||Waivers: Our failure to act with respect to a breach by you or others doesn´t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this site terms.|
|3.||Headings are for reference purposes only and do not limit the scope or extent of such section|
|4.||In our sole discretion, we may assign this site terms in accordance with the Notices Section.|
|5.||Amendment: We may amend this site terms at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 15 days after they are initially posted. This site terms may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn´t include an email message and a signature doesn´t include an electronic signature.|
|6.||This site terms sets forth the entire understanding and agreement between us with respect to and governs the use of the services, superseding any prior written or oral agreements with regard to the same subject matter herein. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.|
|7.||Applicable Law, Venue and Limitation Of Actions: This site terms and shall be governed by and construed in accordance with the laws of the Republic Of Singapore(“Singapore”),without resort to its conflict of law provisions, Regardless of where you access our sites, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the courts located in Singapore, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.|
|8.||ELECTRONIC COMMUNICATIONS: When you visit Fonder sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.|