TERMS AND CONDITIONS
Thanks for using our service. We're so glad you're here. Make yourself comfortable and have a good time, but please follow our house rules.
Accepting these Terms
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms and Conditions (the "Terms" for short).
The Terms are a legally binding contract between you and YISS (actually the contract is between you and Item4u Limited, but we'll just refer to Item4u Limited as our website "YISS").
This contract sets out your rights and responsibilities when you use the services provided by YISS (we'll refer to our website and other services as our "Services"), so please read it carefully. By using any of our Services, you're agreeing to the Terms. If you don't agree with the Terms, you may not use our Services. You with us? Great, read on!
Item4U Limited is the contracting party, and governed by the Hong Kong Law.
Those Other Documents We Mentioned
YISS's Services connect people around the world, both online and offline, to sell and buy goods. Here's a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
Your Account with YISS
You'll need to create an account with YISS to use some of our Services. Here are a few rules about accounts with YISS:
A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.
C. Choose a nice username. A username that is offensive, vulgar, or infringes someone's intellectual property rights violates the Terms.
D. You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you're solely responsible for any activity on your account, so it's important to keep your account password secure. Here's a Help article on how to make your account more secure.
F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and YISS.
This detailed Help article should answer any questions you have about registering an account with YISS.
Please review our Privacy Notice, which also governs your use of our Services, to understand our practices.
When you use any our Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.
All content included in or made available through our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of YISS or its content suppliers and protected by Hong Kong and international copyright laws. The compilation of all content included in or made available through our Services is the exclusive property of YISS and protected by international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with the Terms and your payment of any applicable fees, YISS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Services. This license does not include any resale or commercial use of our Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Terms are reserved and retained by YISS or its licensors, suppliers, publishers, rights-holders, or other content providers. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YISS without express written consent. You may not use any meta tags or any other "hidden text" utilising YISS's name or trademarks without the express written consent of YISS. You may not misuse our Services. You may use our Services only as permitted by law. The licenses granted by YISS terminate if you do not comply with the Terms.
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. YISS 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 YISS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 YISS 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 YISS for all claims resulting from content you supply. YISS has the right but not the obligation to monitor and edit or remove any activity or content. YISS takes no responsibility and assumes no liability for any content posted by you or any third party.
YISS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us to Make Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from YISS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
YISS attempts to be as accurate as possible. However, YISS does not warrant that product descriptions or other content of YISS is accurate, complete, reliable, current, or error-free. If a product offered by YISS itself is not as described, your sole remedy is to contact the related merchant for solutions.
Items are offered for sale by one of our merchants, the List Price is provided by our merchant. With respect to items sold by YISS, we cannot confirm the price of an item until you order. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than YISS 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. YISS 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YISS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH YISS ARE PROVIDED BY YISS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YISS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE YISS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH YISS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF YISS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YISS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YISS DOES NOT WARRANT THAT YISS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH YISS, YISS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YISS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YISS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF YISS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH YISS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of YISS, or to any products or services sold or distributed by YISS will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES AND MODIFICATION
Please review our other policies posted on this site. These policies also govern your use of YISS. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional YISS Software Terms
1. Use of the YISS Software. You may use YISS Software solely for purposes of enabling you to use and enjoy YISS as provided by YISS, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the YISS Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the YISS Software or otherwise assign any rights to the YISS Software in whole or in part. You may not use the YISS Software for any illegal purpose. We may cease providing any YISS Software and we may terminate your right to use any YISS Software at any time. Your rights to use the YISS Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain YISS Software that are specifically identified in related documentation may apply to that YISS Software (or software incorporated with the YISS Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in YISS is the property of YISS or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authoriSe any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the YISS Software, whether in whole or in part, or create any derivative works from or of the YISS Software.
4. Updates. In order to keep the YISS Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce.