Terms of use and privacy policy

Welcome to YD Home (the "Application"). This Application is controlled by Cixi Yidong Electronics Co., Ltd. , which referred to herein together with its affiliates as " YD Home ", "us", "we" or the "Company"). By accessing or using the associated services and/or the Application (the "Services"), you represent and warrant that you have read, understand and agree to be bound by these Terms of Use and Privacy Policy (collectively, the "Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Application and Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Application or Services.

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. these include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

Commonly Used Terms and their Definitions

All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following terms shall have the meaning listed below:

·"Intellectual Property Rights" means any writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.

·"Person" means any individual, trust or legal entity.

·"Personally Identifiable Information" means information that can be reasonably linked to a specific User.

·"Proprietary Information" includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party.

·"Application Content" means all information on the Application and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.

·"User" is anyone that accesses the Application other than the Company.

·"User Content" includes all information that a User may transmit to the Application and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format.

YD Home Control of the Application and Services

You acknowledge that YD Home  is a service provider that generally does not regulate the content of Users’ interactions with the Application. As a result, YD Home has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, YD Home reserves the right to monitor and/or limit any User Content provided by a User on the Application.

Other Parties Rights in Content

You acknowledge that: (i) by using the Application you will have access to User Content provided by other Users, and (ii) User Content and Application Content may be provided under license by independent content providers, including contributions from other Users. The Company may not pre-screen User Content submitted by Users to the Application. You acknowledge that the Company and other Users have rights in their respective Application Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Services or posting on the Application. You accept full responsibility and liability for your use of any Application Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.

Service Interruptions and Changes to the Application

YD Home reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that YD Home will not be liable for any interruption of the Services, delay or failure to perform. YD Home has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Application as it sees fit in its sole discretion.

Eligibility

Participation in the Application is void where prohibited. This Application is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Application by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Application, you represent and warrant that you are 18 or older, and that you agree to and will abide by all of the terms and conditions of this Agreement.

Registration Data

In consideration of your use of the Application, you agree to (a) provide accurate, current and complete information about you as may be prompted by any forms on the Application ("Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete.

Proprietary Rights in Application Content; Limited License

All Application Content is the proprietary property of the Company, its Users or other licensors, with all rights reserved. No Application Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to User Content that is legally posted on the Application, which is addressed in more detail in the section below titled "Ownership of User Content." Provided that you are eligible for use of the Application, you are granted a limited license to access and use the Application and the Application Content and to download or print a copy of any portion of the Application Content to which you have properly gained access solely for your own personal use, in connection with participating on the Application. Except for your own User Content, you may not upload or republish Application Content on any Internet, Intranet or Extranet Application or incorporate the information in any other database or compilation, and any use of the Application Content not explicitly permitted herein is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Application or the Application Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. The foregoing license is revocable at any time by the Company without notice and with or without cause.

Ownership of User Content

The Company and each User that is a party to this Agreement acknowledges and agrees that, subject to the terms and conditions of this Agreement, Users may retain any and all applicable Intellectual Property Rights with respect to any User Content that a User creates or submits using the Services, to the extent such User has such rights under applicable law.

Not with standing the foregoing, you understand and agree that by submitting User Content to any area of the Application, you automatically grant (and you represent and warrant that you have the right to grant): (i) to the Company: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your User Content within the Services, as permitted by you through your interactions on the Services, (b) the perpetual and irrevocable right to delete any or all of your User Content from Company owned, controlled or used servers and from the Application, for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your User Content as the Company may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Services; and (ii) to other Users a limited license to access and use your User Content for their own personal use, in connection with participating on the Application. Other than as expressly provided herein, no User shall acquire any license or ownership in other Users’ User Content.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder, including without limitation, any rights or obligations you may or may not have concerning open source software; (ii) you are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Application, including without limitation any legal consequences relating to your or any other Person’s Intellectual Property Rights or Proprietary Information; and (iii) YD Home’s acknowledgement hereunder of your Intellectual Property Rights in your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company’s intention not to require Users of the Application to forego certain Intellectual Property Rights with respect to User Content they submit to the Application, subject to the terms of this Agreement.

YD Home retains ownership of User data, regardless of any Intellectual Property Rights in User Content.

You agree that even though you may retain certain copyright or other Intellectual Property Rights with respect to User Content that is submitted on the Application, you do not own any data YD Home  stores on its servers (including without limitation any data representing or embodying any or all of your User Content). Your Intellectual Property Rights in any User Content, if any, do not confer any rights of access to the Application, the Services or any rights to data stored by or on behalf of the Company.

Trademarks

" YD Home " and other product names, brands, graphics, logos, designs, page headers, button icons, scripts and service names used by YD Home to identify the Services, Application and/or other services and/or products owned by YD Home or its affiliated companies are registered trademarks, trademarks or trade dress (collectively, the "Marks") of YD Home and its affiliated companies in the China and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with YD Home and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Conduct by Users; Prohibited Conduct

You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the Application any User Content that infringes or violates any third party rights, including without limitation all Intellectual Property Rights, or that constitutes any other Person’s Proprietary Information; (ii) impersonate any Person without their consent, including, but not limited to, a YD Home employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iii) take any action or upload, post, e-mail or otherwise transmit to or via the Application any User Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the Application any User Content as determined by YD Home  at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit to or via the Application any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personally Identifiable Information; (vi) take any action or upload, post, email or otherwise transmit to or via the Application any User Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit to or via the Application any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) attempt to gain access to any other User’s Personally Identifiable Information; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user; (xi) charge any third party for use of the Application or the Services; or (xii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Application or any of its algorithms that are utilized to operate the Application or the Services. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension from accessing the Application.

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Application or via the Services any materials that violate another party’s Intellectual Property Rights or that constitutes another Person’s Proprietary Information. Any infringing materials posted by any User can be identified and removed pursuant to YD Home’s Digital Millennium Copyright Act (the "DMCA") compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

YD Home will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Application Content is not infringing, and allow the Application Content to remain, (b) contact the Person who posted the allegedly infringing Application Content concerning your notice of infringement, and (c) remove the allegedly infringing Application Content. By your use of this Application, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with China copyright law, and waive any and all claims against YD Home directly relating to, or arising from, the foregoing DMCA compliance process.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, YD Home has adopted a policy of terminating, in appropriate circumstances and at YD Home ’s sole discretion, Users who are deemed to be repeat infringers. YD Home  may also at its sole discretion limit access to the Application of any Users who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.

Monitoring Content

YD Home  is not responsible or liable in any manner for any User Content posted on the Application or in connection with the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Application and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Application Content you may encounter on the Application or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Application or Services.

Disputes Between Users

As a condition of access to the Application and the Services, you release YD Home  (and YD Home ’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Application; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) YD Home  will have the right but not the obligation to resolve disputes between Users relating to the Services, and YD Home ’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent YD Home  elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) YD Home ’s resolution of such disputes will be final with respect to the Application but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and (d) you hereby release YD Home  (and YD Home ’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with YD Home ’s resolution of disputes relating to the Application or the Services.

All Data on the Company’s Servers is subject to Deletion, Alteration or Transfer

When using the Application or the Services, you may accumulate Application Content, objects, items, scripts, or other value or status indicators that reside as data on the company’s servers. this data, and any other data residing on YD Home ’s servers, may be deleted, altered, moved or transferred at any time for any reason in YD Home ’s sole discretion.

You acknowledge that, notwithstanding any copyright or other intellectual property rights you may have with respect to user content you post on the application, and not with standing any value attributed to such user content or other data by you or any third party, YD Home  does not provide or guarantee, and expressly disclaims (subject to any underlying intellectual property rights in the user content or application content), any value, cash or otherwise, attributed to any data residing on the company’s servers.

You understand and agree that YD Home  has the right, but not the obligation, to remove any application content (including your user content) in whole or in part at any time for any reason or no reason, with or without notice and without any liability of any kind.

YD Home’s liability to you is expressly limited, to the extent allowable under applicable law.

In no event shall YD Home  or any of its shareholders, affiliates, directors, officers, subsidiaries, employees, or agents be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for lost profits, arising (whether in contract, tort, strict liability or otherwise) out of or in connection with the services or the application (including without limitation its modification or termination), whether or not the company may have been advised that any such damages might or could occur and not with standing the failure of essential purpose of any remedy. in addition, in no event will YD Home ’s cumulative liability to you for direct damages of any kind or nature exceed one hundred dollars (US $100.00).

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that YD Home  shall not be held responsible or liable for anything that occurs or results from accessing the Application or participating in the Services.

All Services are Provided "as is" Without Express or Implied Warranties

YD Home  provides the services strictly on an "as is" basis, provided and accepted at your own risk, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.

Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Services, the Services or your account, and you understand that you shall not be entitled to make any claim based on YD Home ’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

Indemnification

You hereby agree to defend, indemnify and hold harmless YD Home , its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activity on the Application or your User Content infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Privacy Policy

Collection and uses of your personal information

You acknowledge and agree that YD Home , in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services. Except as otherwise provided herein, the Personally Identifiable Information you provide to us is used for the Company’s internal purposes only. YD Home  uses the information it collects to learn what you like and to improve the Services.

Depending on what Services you use on the Application, YD Home  may request Personally Identifiable Information from you, including but not limited to your full name, a valid email address and username and/or password, billing address, credit card information, proof of identification and physical mailing address.

You agree that YD Home  may communicate with you via email and any similar technology for any purpose relating to the Services.

Controlling and accessing your personal information

Your personal information is only private to the extent that keep it private. Should you post personal information on the Application, YD Home  does not have any control over how another party might use that information.

Sharing your personal information

YD Home  will not give any of your Personally Identifiable Information to any third party or otherwise disclose your Personally Identifiable Information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to learn what you like and to improve the Services; to communicate with you regarding the Services and the Company’s business; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of YD Home  businesses, to prospective or actual acquirers of YD Home  assets; or as otherwise necessary to protect the Company, its agents and other users of the Services. YD Home  can (and you authorize YD Home  to) disclose any information about you to private entities, law enforcement agencies or government officials, as YD Home , in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. The Company may share general, demographic, or aggregated information with third parties about its Users and their Content and Services usage, but that information will not include or be linked to any Personally Identifiable Information without your consent.

Security of your personal information

YD Home  follows generally accepted industry standards for the protection of the Personally Identifiable Information that you submit, both during transmission and after receipt. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.

Retention of your personal information

We may keep the information that we obtain from or about you as long as is permitted or required under the law, and use as authorized under this Privacy Policy. We may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. Information may exist in backup storage even after it has been removed from our active databases. If you are located in the European Union or other regions with laws governing data collection and use that differ from United States law, please note that we may transfer information, including Personally Identifiable Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By using the Services you consent to the transfer of information to the United States or to any country in which YD Home  maintains facilities and the use and disclosure of information about you as described in this Agreement.

Review sections of application

The review sections of pages associated with the Application are public. The information that you provide in such portions of the Application is publicly available to others, and can be read, collected and/or used by others, potentially outside the Application. The opinions expressed by each review section participant (who is not an employee of YD Home ) are his/her own and do not represent the views of YD Home .

You agree to grant to Company a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise any copyright, publicity, and database rights you may have in User Content you provide in the reviews sections of the Application (including without limitation, your name, voice, image, likeness, and representations made by you), in any media now known or not currently known (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company or the Company’s business, services and products.

Updates to this privacy policy

YD Home  may change, modify, add, or delete portions of this Privacy Policy at any time pursuant to the process disclosed above for changes to this Agreement.

Dispute Resolution; Governing Law; Venue and Jurisdiction

By visiting the Application and/or using the Services, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.

You and the company agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of this agreement, the services (including your visit to or use of the services) shall be final and binding arbitration, except that YD Home  may seek injunctive relief in state or federal court located in New York County, New York concerning violation by a User of any of the User conduct rules set forth above, and in such case, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, you and YD Home  agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and that no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the services. In no event shall any claim, action or proceeding by you related in any way to the Services (including your visit to or use of the Services) be instituted more than three (3) years after the cause of action arose.

General Provisions

The Application and Services are controlled and operated by YD Home  from its offices within the United States of America. The Company makes no representation that any aspect of the Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Services from other locations are responsible for compliance with applicable local laws. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Services and its use.

The Company’s failure to act with respect to a breach by you or others does not waive YD Home ’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by YD Home  under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of the Company. All or any of YD Home ’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Services in a merger, acquisition or sale of all or substantially all of ’s assets. You may not assign or transfer this Agreement or any or all of your rights or obligations hereunder without the prior written consent of the Company, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of YD Home  shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of YD Home .

This Agreement sets forth the entire understanding and agreement between you and YD Home  with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.