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Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to the amazing AcrossAsiai (www.AAsiai.com; www.Axiai.com; hereafter “AAsiai”). AAsiai provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice to you. In addition, when using particular AAsiai owned or operated services, you and AAsiai shall be subject to guidelines or rules incorporated by reference into the TOS. AAsiai may also offer other services that are governed by different Terms of Service.
Please read the following TOS carefully because it is a binding agreement between you and AAsiai in relation to your use of any service or material provided on the AAsiai web site. Using the AAsiai web site represents that you assent to the stated to you. Please also review the TOS periodically by clicking to the TOS link on the home page of the AAsiai web site. TOS will be binding on you and AAsiai effective immediately following the publication of the modified TOS.


2. USE OF SERVICES AND MATERIAL

The contents of this AAsiai web site, such as text, graphics, images, software, music, sound, photographs, video, and other material ("material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the material may violate copyright, trademark, and other laws. Please retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. Unless otherwise provided on the AAsiai web site, it is not permitted to sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose, or any other reason. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Special rules may apply to the use of certain software, materials and other services provided on the AAsiai web site. Any such special rules are listed on the applicable pages of this AAsiai web site and are incorporated into this TOS by reference. AAsiai is providing members with a variety of services ("services") via the web site. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOS. In order to use the Services and Material, you must provide all equipment necessary to establish a connection to the AAsiai web site and pay any service fees associated with such connection. Please be aware of those certain services and material on the AAsiai web site may be adult-oriented, you must be at least 18 years old to access and view such Services and Material.


3. MEMBER I.D., PASSWORD AND SECURITY

To be a registered member of the AAsiai web site, you must be at least 13 years old. Once you become an AAsiai member, you shall receive a Login Name and a password for your account. Please maintain the confidentiality of your Login Name, password and any other information of your account. You agree that you are entirely responsible for any and all activities that occur via your account. You may change your password at any time by following instructions. As an AAsiai member, you agree to immediately notify AAsiai of any unauthorized use of your account or any other breach of security known to you.


4. PRIVACY POLICY

4.1. Information Collection, Sharing and Disclosure

It is AAsiai's policy to respect the privacy of its users. When you sign up as an AAsiai member, AAsiai will require your name, gender, date of birth, email address, phone number, address, city you live, zip code, country and any other information as required ("Registration Data"). In addition to the Registration Data provided by you, AAsiai may also collect and store certain personally identifiable information in AAsiai's secure database, when you visit the AAsiai web site, when you use some of AAsiai's services, or when you enter promotions or sweepstakes on the AAsiai web site. AAsiai also automatically receives and records information from your browser including but not limited to your IP address, the pages you requested and the time of request. AAsiai may use the information it obtains relating to you, for only its internal business and marketing purposes, AAsiai will never share, trade or sell your information such as e-mail address and phone number, etc.

4.2. Cookies.

AAsiai may set and access its cookies on your computer. The general purposes of using such cookies include but are not limited to (i) authenticating users for services provided by AAsiai to them; (ii) counting the number of users accessing the AAsiai web site; (iii) providing users with relevant information according to the preference specified by the users; and (iv) for AAsiai's own convenience to indicate whether a specific user has paid for the subscribed service or not. F3. You may edit your AAsiai member account information.
You may also delete your AAsiai member account information and preferences.

4.3. Advertisements

AAsiai may, on behalf of its advertisers, display or send targeted advertisements to you based upon nonpublic personal information about you, provided however that in the process of doing so, AAsiai will not disclose any nonpublic personal information about you to the advertisers .

4.4. Changes to this Privacy Policy

AAsiai may amend its privacy policy at any time and from time to time. If AAsiai makes any substantial changes regarding how AAsiai uses your personal information, AAsiai will notify you by posting a prominent announcement on the web site.

4.5. Questions or Comments

If you have any questions or comments about this privacy policy, please send your questions or comments to privacypolicy@AAsiai.com


5. REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AAsiai has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AAsiai has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). AAsiai is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create an AAsiai Family Member Account. When you create an AAsiai Family Member Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the AAsiai Account. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.


6. USER SUBMISSIONS

Generally, any communication that you post to the AAsiai web site is considered to be non-confidential. If certain web pages permit the submission of communication that will be treated by AAsiai as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the web site, you automatically grant AAsiai royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. As an AAsiai member, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: (i) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) post material that infringes upon any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) post a sexually-explicit image; (vi) post advertisements or solicitations of business; (vii) post chain letters, junk mail, spamming, pyramid schemes or any use of distribution lists to any person who has not given specific permission to be included in such a process; or impersonate another person. As an AAsiai member, your use of the web site, Services and Material is subject to all applicable local, state, national and international laws and regulations. AAsiai does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. AAsiai does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications that allegedly do not conform to this TOS, AAsiai may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. AAsiai has no liability or responsibility to users for performance or nonperformance of such activities. AAsiai reserves the right to expel users and prevent their further access to the web site for violating this TOS, or the law and the right to remove communications which are abusive, illegal, or disruptive.


7. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not AAsiai, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service. AAsiai does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will AAsiai be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.
You agree not to use the service, such as, to
(i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) intentionally or unintentionally violate any applicable local, state, national or international law;
(iii) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(iv) "stalk" or otherwise harass another; or collect or store personal data about other users, etc.


8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


9. INDEMNITY

You agree to indemnify and hold AAsiai, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, export, trade, resell or exploit for any commercial purposes, any portion of the service (including your AAsiai I.D.), use of the service, or access to the service.


11. DISCLAIMER OF WARRANTIES

The material may contain inaccuracies or typographical errors. AAsiai makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the AAsiai web site, the services and the material. The use of the AAsiai web site, the Services and the Material is at your own risk. Changes and upgrades are periodically made to the AAsiai web site and may be made at any time. AAsiai does not warrant that the site will operate error-free or that this site and its servers are free of computer viruses and other harmful goods. If your use of the web site or the Material results in the need for servicing or replacing equipment or data, AAsiai is not responsible for those costs. The web site, services and Material are provided on an “as is” basis without any warranties of any kind. AAsiai and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. AAsiai and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.


12. LINKS TO OTHER SITES

The web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by AAsiai of the contents on such third-party web sites. AAsiai is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.


13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

As an AAsiai member, you may send to or receive correspondences from advertisers about promoting advertisers' products or services. Any such correspondences or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding you and the advertiser. AAsiai assumes no liability, obligation or responsibility for any portion of such correspondence or promotion.


14. SOFTWARE LICENSES

All software that is made available for downloading from the web site ("software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of a separate software license agreement or designated legal notice accompanying such software ("license agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the license agreement.


15. LIMITATION OF LIABILITY

You expressly understand and agree that, AAsiai shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AAsiai has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.


16. DISCLAIMER AND LIMITATION OF LIABILITY FOR AAsiai MALL (iNVshop)

The Web Site provides an online shopping area through iNVshop. The merchant who actually sells the products or services via iNVshop is responsible for the delivery of the products or services and the product liabilities whether based on warranty, contract, tort or any other legal theory if there is any. In no event shall AAsiai be the seller of the products or services and be liable for the product liabilities in relation to the products or services sold via iNVshop unless otherwise expressly provided on the Web Site. In the case that AAsiai is held to be liable for any products or services sold through iNVshop, whether based on warranty, contract, tort or any other legal theory, you agree that AAsiai's maximum aggregate liability shall not exceed the amount actually paid by you for such product or service.


17. TERMINATION

You agree that AAsiai, in its sole discretion, may terminate your account and use of the services on the web site, and remove and discard any material or services within the web site, for any reason, including, without limitation, for lack of use or if AAsiai believes that you have violated or acted inconsistently with the letter or spirit of the TOS. AAsiai may also in its sole discretion and at any time discontinue providing the web site, or any part thereof, with or without notice. You agree that any termination of your access to the web site under any provision of the TOS may be effected without prior notice. You agree that AAsiai shall not be liable to you or any third-party for any termination under this TOS agreement.
AAsiai won't give you any refund if you subscribe to any of AAsiai's paid services for a specified period of time ("subscription period") and such subscription is terminated prior to expiration of the subscription period, unless such subscription is terminated by AAsiai without cause, is terminated due to AAsiai's default or nonperformance, or is expressly allowed in writing to be terminated by you at any time prior to expiration of the subscription period.


18. RENEWAL OF PAID MEMBERSHIP SERVICE

You agree that your paid membership will be automatically renewed at the end of each paid-membership period for the same length of the period chosen most recently by you unless either AAsiai or you give written notice of non-renewal to the other party prior to the end of your paid-membership period. Your credit card provided to us most recently will automatically be charged the then-current membership fee for the paid-membership service at the commencement of each renewal period. All fees are non-creditable unless otherwise provided.


19. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.


20. NOTICE

AAsiai may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the service.


21. GENERAL INFORMATION

21.1. Entire Agreement:
The TOS constitute the entire agreement between you and AAsiai and govern your use of the service, superceding any prior agreements between you and AAsiai. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AAsiai services, affiliate services, third-party content or third-party software.

21.2. Choice of Law and Forum:
The TOS and the relationship between you and AAsiai shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and AAsiai agree to submit to the personal and exclusive jurisdiction of the courts located within the New York City, New York.

21.3. Waiver and Severability of Terms:
The failure of AAsiai to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

21.4. No Right of Survivorship and Non-Transferability:
You agree that your AAsiai member account is non-transferable and any rights to your AAsiai I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

21.5. Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21.6. The section titles in the TOS are for convenience only and have no legal or contractual effect.


22. VIOLATIONS
Please report any violations of the TOS to our Customer Support Center.




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