General Terms and Conditions
Welcome to www.shared-factory.com (“Site”), the official website for shared-factory (“shared-factory”or“we”or “us”). The following is important information regarding this Site, our copyright to its contents and the terms for your use of the Site as a visitor to or registered member of the shared-factory
community. These Terms of Use govern your use of the Site. Registration and certain other
information submitted by you are subject to our applicable Privacy Policy, the terms and
conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at www.shared-factory.com/privacy-policy.
By using this Site you agree to be bound by these Terms of Use and to use the Site in
accordance with these Terms of Use, our Privacy Policy, and any additional terms and
conditions that are referenced herein or that otherwise may apply to specific sections of the
Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use. Should you desire to order manufacturing services (the “Services”) from shared-factory, you will need to open an account and to agree to the Customer Service Agreement which can be accessed here www.shared-factory.com/service-agreement (the “Services Agreement”) and whose terms and conditions will govern Services. You understand that through your use of this Site as well as any Services that you consent to the collection and use of information (as set forth in the applicable Privacy Policy), including the transfer of this information for storage, processing, and use by shared-factory and its affiliates. In the event of a conflict between these Terms of Use and any term or condition contained in the Services Agreement, the Services Agreement will be control.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time,in which case we will post the revised Terms of Use on this Site and
update the“Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who
violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
2.Age Requirement
By using this Site, you certify that you are 18 years of age or older. Children under the age of 18 may not visit this site or submit photos or other material to this Site. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, by submitting photos, you hereby represent that your
use of the site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.
If you want to use this Site, carefully read these Terms of Use. It constitutes a written agreement between you and shared-factory and it affects your legal rights and bligations.
By using this Site you agree to be bound by these Terms of Use and to use the Site in
accordance with these Terms of Use, our Privacy Policy, and any additional terms and
conditions that are referenced herein or that otherwise may apply to specific sections of the
Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.
shared-factory reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Site
constitutes your acceptance of and agreement with any and all such changes. It is your
responsibility to regularly check the Site to determine if there have been changes to the Terms
of Use and to review such changes. If you do not agree to abide by these or any future Terms of
Use, please do not access or use (or continue to access or use) the Site. In addition, shared-factory may post additional terms, conditions, rules or requirements related to the Site and/or its services and features. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them. At its sole discretion, shared-factory also may offer other services or features governed by different Terms of Use. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
It’s important that you read these entire Terms of Use; but, here are some of the more significant terms that we want to bring to your attention:
This Site and the content including but not limited to the layout, color schemes, URL’s, photos, drawings, images, catalogs, advertisement, videos and sound and all intellectual property rights
included in or associated with the Site, including, but not limited to patents, copyrights,
trademarks, service marks, logos and trade secrets (collectively“Content”) are either owned by shared-factory or owned by others and licensed to us. All right, title and interest in and to the Site and such Content remains with us or our licensors, as applicable. For example, as noted below, you, by making a Submission (as defined in Section 8(B) below), could become such a licensor.
Except as ordinarily occurs when a website is downloaded to your computer in the normal
course of viewing such website, you may not make use of any such Content on or outside of the
Site that you do not have a pre-existing legal right, title or interest in, including, without
limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights
notice or legend contained on the Site or in the Content. You agree not to access the Service by any means other than through the interface shared-factory provides via the Site for use in accessing the Service. Your use of the Site or Service does not grant you any right, license or permission of any kind to reproduce or use shared-factory’s intellectual property.
This Site and all of the Content available on the Site are the property of shared-factory and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual
property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of shared-factory’s rights or those of our affiliates or licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials constituting such Content, you may not modify, copy,reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, however, from time to time, download and/or print copies of brochures and catalogs found on the Site for your use in selecting and purchasing shared-factory Services,provided that you keep intact all copyright, trademark registration and other proprietary
notices. Information about requesting permission to reproduce or distribute materials from the Site can be found here.
shared-factory respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting of it on the Site, then please see Section 14 below.
You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website, product or
service by shared-factory. However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property.
You also grant us a license to use the materials you post or submit via such features, as described above under the header“Rights and Restrictions Relating to Site Content.”
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any e-mail services that are made available via the Site, lies with each user – you alone are
responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content
submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business
judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials
submitted by you violate the rights of third parties; or (d) protect the rights, property, or
personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
shared-factory welcomes your feedback, but if you send us or post or embed on the Site or via any Service any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential,
proprietary or other information (“Submissions”), you represent and warrant to shared-factory that you either own the Submission or have the right to grant shared-factory the license described below. shared-factory does not claim to own such Submission, only the rights you have licensed to us.
You agree that in making a Submission, shared-factory shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to shared-factory, and that shared-factory alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available
and, as set forth below, can be used by others. Further, by providing a Submission to shared-factory via the Site or otherwise, you: (a) agree not to make any Submission that violates in anyway the Terms of Use; (b) automatically grant shared-factory a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and
exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party
arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive, royalty-free license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as
permitted through the Service and under these Terms of Use.
blogs, photo- and video-sharing pages, e-mail services and social networking features that allow
feedback to us and allow users to interact with each other on the Site and post content and
materials for display on the Site. This Site also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By
accessing and using any such features, you represent and agree that you will not:
means;
without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
regulating unsolicited commercial e-mails;
dialogue on our Site (such as submitting an excessive number of messages – i.e. a
flooding attack), or that otherwise negatively affects other users’ability to use the Site and/or services; or
Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use.
We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
availability of the Site and Content (and any elements and features of them) for any reason, in shared-factory’s sole discretion, and without advance notice or liability.
may be construed, under any legal theory, by implication, estoppel, industry custom, or
otherwise. All rights not expressly granted to you are reserved by shared-factory and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
Content, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Generated
Content), in whole or in part, in any manner or medium (whether now known or hereafter
developed), for any purpose that we choose. The foregoing grant includes the right to exploit
any proprietary rights in such User Generated Content, including, but not limited to, rights
under copyright,trademark or patent laws that exist in any relevant jurisdiction. Also, in
connection with the exercise of these rights, you grant us, and anyone authorized by us, the
right to identify you as the author of any of your User Generated Content by name, e-mail
address or screen name, as we deem appropriate. shared-factory has no obligation of any kind with respect to such User Generated Content and is free to reproduce, use, disclose and distribute any portion of the User Generated Content, including any ideas or information contained in the User Generated Content for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you including the User Generated Content, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you including, without limitation, any User Generated Content.
The Site may contain links to third–party websites not under our control or operation. shared-factory or users may provide any such links only as a convenience; shared-factory does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon
such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
Additional terms and/or conditions (e.g. the Services Agreement) may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information
from the Site. To the extent that any applicable taxes, duties, or other fees apply to your use of
the Site, you are responsible for all such payments. We reserve the right to report any
wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without
limiting the foregoing rights, you consent and agree that shared-factory may access, preserve and
disclose your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of shared-factory, its users and members, and/or the public.
You agree to indemnify, save, defend, reimburse and hold shared-factory, its officers, directors,
employees, and representatives harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc.
resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) your violation of any rights of another, whether by action or omission.
You acknowledge and agree that shared-factory, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and
timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.
Digital Millennium Copyright Act
shared-factory will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that shared-factory may
provide to third parties at its discretion or as required by law through copies of notices referenced below.
Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our shared-factory’s Intellectual Property
department with the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit shared-factory to locate the material;
4) Information reasonably sufficient to permit shared-factory to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the
material in your User Generated Content, you may send a counter-notice containing the
following information to shared-factory’s Intellectual Property department at the address set forth below:
1) Your physical or electronic signature;
2) Identification of the User Generated Content that has been removed or to which access has been disabled and the location at which the User Generated Content appeared before it was removed or disabled;
3) A statement that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or a misidentification of the User Generated Content; and
5) If a counter-notice is received by the Intellectual Property department, shared-factory may send a copy of the counter-notice to the original complaining party informing that person that shared-factory may replace the removed User Generated Content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the User Generated Content provider, member or user, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at shared-factory’s sole discretion.
6) You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid.
7) shared-factory will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:
By Mail: [email protected]
18호 잉빈로, 쿤산, 중국
It is often difficult to determine if your copyright has been infringed. shared-factory may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing
requirements, and shared-factory may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting shared-factory’s other rights, shared-factory may, inappropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by shared-factory.
You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
shared-factory employs individuals to develop new ideas. As a result, shared-factory does not accept any unsolicited ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas and Materials”). Do not send to shared-factory (even within any of your User Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Site are and shall be deemed to be User Generated Content and licensed to us as set forth above.
Your relationship with shared-factory is not a confidential, fiduciary, or other type of special
relationship and your Unsolicited Ideas and Materials, and anything else submitted by you
(such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User Generated Content — regardless of
whether you mark them“confidential”, “proprietary”, or the like. shared-factory will not assume any
responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any
Unsolicited Ideas and Materials to shared-factory does not place shared-factory in a position that is any different from the position held by members of the general public with regard to your
Unsolicited Ideas and Materials.
shared-factory’s receipt of your Unsolicited Ideas and Materials is not an admission by shared-factory of their novelty, priority, or originality, and it does not impair shared-factory right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
shared-factory PROVIDES THE SITE AND ALL INFORMATION, CONTENT, USER GENERATED CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE SITE ON AN“AS IS”AND“AS AVAILABLE” BASIS,
UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. shared-factory MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE
AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR
USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER,
shared-factory DOES NOT WARRANT THAT THE shared-factory SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE
shared-factory SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
shared-factory SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, SERVICES AND EXPERIENCES PROVIDED VIA THE SITE. shared-factory SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF
ANY SERVICES, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR
PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF shared-factory HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY
FORESEEN BY shared-factory. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, shared-factory’S TOTAL LIABILITY, REGARDLESS OF THE
FORM OF ACTION, SHALL NOT EXCEED $50.
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 LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
If shared-factory, for any reason beyond its reasonable control, such as an act or threat of terrorism, war, emergency, act of God, work stoppage, or other similar event, is not able to provide perform its obligations under this Agreement, it is agreed that such non-performanceshall be excused during such time period and shall not be a default of this Agreement.
These terms of use shall be subject to the jurisdiction of the internal entities of Suzhou, China, and interpreted and enforced in accordance with them, without regard to their legal conflicts.
중국은 종합적인 산업 체인 시스템을 갖추고 있으며 세계 최대의 제조 기지이기도 합니다. 우리 회사는 상하이에서 불과 20km 떨어진 세계 최대 산업 도시 쑤저우에 위치하고 있습니다. 중국의 성숙한 산업 체인과 강력한 제조 역량을 활용하여 생산 비용을 절감하고 싶다면 당사와 긴밀히 협력할 수 있습니다. 물론 다른 협력 의향이 있으시다면 상호 이익이 되는 비즈니스 협력 모델도 환영하며 여러분의 제안을 기다리겠습니다. 또한 현장 방문을 진심으로 환영합니다. 자세한 정보가 필요하거나 협력에 대해 논의하고 싶으시면 언제든지 이메일로 연락 주시기 바랍니다: [email protected]. 장기적인 전략적 파트너십을 구축할 수 있기를 기대합니다.
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