America-Asia Commerce, Inc. (AAC), an American import and export company founded in 1992, mainly specializes in supplying hand-crafted mouth-blown glass vases, votive and other candleholders, with more than 400 items by designs and sizes only, along with sea shells and polished stone pebbles.
AMERICA-ASIA COMMERCE, INC.Best Quality • Best Prices • Best Service • Best Selection
Terms and Conditions for Use
of America-Asia Commerce, Inc.’s (AAC) Web Site
1. Definitions
“America-Asia Commerce, Inc. (AAC) Web site” is the on-line
service of America-Asia Commerce, Inc.
(AAC) on the World Wide Web of the internet. The site has information,
services, and content provided by America-Asia Commerce, Inc. and/or other
parties. “User” is a person who establishes or accesses a connection
(“Session”) for access to and use of AAC’s Web site.
2. General
A. This Agreement, which incorporates by
reference other provisions applicable to use of AAC’s Web site, governing the
use of certain specific material contained in AAC’s Web site, sets forth the
terms and conditions that apply to use of AAC’s Web site by User. By using
AAC’s Web site — other than to read this Agreement for the first time — User
agrees to comply with all of the terms and conditions herein. The right to use
AAC’s Web site is personal to User and is not transferable to any other person
or entity. User is responsible for all use of User’s Session under any screen
name or password and for ensuring that all use of User’s Session complies fully
with the provisions of this Agreement. User shall be responsible for protecting
the confidentiality of User’s password(s), if any.
B. AAC shall have the right at any time to
change or discontinue any aspect or feature of its Web site, including, but not
limited to content, hours of availability, and equipment needed for access or
use of the site.
3. Changed Terms
AAC shall have the right at any time to change or modify the
terms and conditions applicable to User’s use of AAC’s Web site, or any part
therein, or to impose new conditions. Such changes, modifications, additions,
or deletions shall be effective immediately upon notice thereof, which may be
given by means including, but not limited to, posting on AAC’s Web site, or by
electronic or conventional mail, or by other means by which User obtains notice
thereof. Any use of AAC’s Web site by User after such notice shall be deemed to
constitute acceptance by the User of such changes, modifications, or deletions.
4. User Conduct
B. AAC’s Web site contains copyrighted
material, trademarks and proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound, and the entire
contents of AAC’s Web site are copyrighted as a collective work registered in
the United States of America with all rights reserved under U.S. and international copyright laws. AAC owns
copyright in the selection, coordination, arrangement, and enhancement of such
content, as well as in the content original to it. User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. User may download copyrighted
material for personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express permission of AAC and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
F. AAC, its affiliates, information providers
or content partners shall have no liability for investment decisions based on
the information provided. Neither AAC nor its affiliates, information
providers, or content partners warrant or guarantee the timeliness, sequence,
accuracy, or completeness of this information. Additionally, there are no
warranties as to the results obtained from the use of the information on the
Web site.
6. Monitoring
AAC shall have the right, but not the obligation, to monitor
the content of AAC’s Web site, including any chats or postings by readers, to
determine compliance with this Agreement and any operating rules established by
AAC and to satisfy any law, regulation or authorized government request. AAC
shall have the right in its sole discretion to edit, refuse to post, or remove
any material submitted to or posted on AAC’s Web site. Without limiting the
foregoing, AAC shall have the right to remove any material that AAC, in its
sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
7. Indemnification
User agrees to defend, indemnify, and hold harmless AAC, its
affiliates and their respective directors, officers, employees, and agents from
and against all claims and expenses, including attorneys’ fees, arising out of
the use of AAC’s Web site by User or User's Session.
8. Termination
Either AAC or User may terminate this Agreement at any time.
Without limiting the foregoing. AAC shall have the right to immediately
terminate User's Session in the event of any conduct by User which AAC, in its
sole discretion, considers to be unacceptable, or in the event of any breach by
User of this Agreement. All of the remaining provisions listed under this
agreement shall survive termination of this Agreement.
9. Trademarks
The AAC logotype and America-Asia Commerce, Inc. are trademarks
of AAC, Inc. All rights reserved. All other trademarks appearing on Web site
are the property of their respective owners.
10. Privacy Statement
AAC respects User’s privacy. Personal information is collected
only to understand User’s needs and interests and to provide better service.
Personal information is collected when you seek information and/or order
products from AAC. This information includes but is not limited to: name,
title, address, telephone number, e-mail address, telephone and fax numbers,
credit information, password, and product and service information.
11. Miscellaneous
This Agreement and any operating rules for AAC’s Web site
established by AAC constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the State of
California, without regard to its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
12. Contact Us
If you have comments and questions about our policies, please
write us at: AAC Inc., P.O. Box 3642, Long Beach, CA 90803, or FAX to us at 323-780-9797.
C. User shall not upload, post or otherwise
make available on AAC’s Web site any material protected by copyright, trademark
or other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User. User shall be
solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of AAC’s Web site, User automatically
grants, or warrants that the owner of such material has expressly granted AAC
the royalty-free, perpetual, irrevocable, nonexclusive right and license to
use, reproduce, modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. User also permits any other User
to access, view, store or reproduce the material for that User's personal use.
User hereby grants AAC the right to edit, copy, publish and distribute any
material made available on AAC’s Web site by User.
D. The foregoing provisions of Section 4 are
for the benefit of AAC, its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty and Liability Limitation.
A. User agrees that use of AAC’s Web site is
at User’s own risk. Neither AAC Inc. nor its affiliates or their employees
agents, third party providers or licensors warrant that AAC’s Web site will be
uninterrupted or free of errors; nor do AAC and its affiliates make any
warranty as to the results that might be obtained from use of AAC’s Web site.
AAC attempts to provide accurate, reliable content on its Web site but AAC does
not provide any warranty as to the accuracy, reliability or content of any
information, service, or merchandise provided through its Web site.
C. This disclaimer of liability applies to
any damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus or other infection, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, whether for breach of
contract, tortious behavior, negligence, or under any other cause of action.
User specifically acknowledges that AAC is not liable for the defamatory,
offensive or illegal conduct of other users or third-parties and that the risk
of injury from the foregoing is entirely with User.
D. In no event shall AAC, or any person or
entity involved in creating, producing, or distributing AAC’s Web site or AAC’s
Web site software be liable for any damages, including, without limitation,
direct, indirect, incidental, special, consequential, or punitive damages
arising out of the use of or inability to use AAC’s Web site. User hereby
acknowledges that the provisions of this section shall apply to all content on
AAC’s Web site.
E. In addition to the terms stated here,
neither AAC nor its affiliates,, information providers or content partners
shall be liable regardless of the cause or duration for any errors,
inaccuracies, omissions, or other defects within, or un-timeliness or
un-authenticity of the information contained in AAC’s Web site, or for any
delay or interruption in the transmission thereof to the user, or for any
claims or losses there from or occasioned thereby. None of the foregoing
parties shall be liable for any third-party claims or losses of any nature,
including, but not limited to, lost of profits, punitive or consequential
damages.