Terms Of Use
Thank
you for visiting our Web Site ("Site"). YOU SHOULD READ
THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. These Legal
Conditions
govern the
use
of and access to this Fortuna.com.cn website.
Your use of this Site is governed by the following terms of use ("Terms").
If you do not agree with all of these Terms, please exit this Site. By
using this Site, you agree to comply with and to be bound by these Terms,
including
the privacy policy and, when you make an online purchase, the purchase
information. Fortuna reserve the right to, from time to time, change
these Terms at its
sole discretion. By using this Site after any such change, you agree
to comply with,
and be bound by, the Terms as changed.
Copyright, Trademark and Other Intellectual Property Protection
This Site as a whole, and all material on this Site, is protected by copyright
and other intellectual property rights. See separate copyright and trademark
notice for further information.
Submissions
You agree that any and all suggestions, designs, concepts, photographs,
testimonials, and other items or materials (except for your personal
information) disclosed
or submitted to Fortuna through this Site or by other means ("Submissions")
are neither confidential nor proprietary to you. All submissions become
Fortuna's property upon submission to Fortuna. By making a Submission
to Fortuna, you
assign to Fortuna all rights, title and interests, including copyrights,
in the Submission.
Fortuna has no obligation (i) to keep any Submission confidential; (ii)
to pay you or anyone any compensation for any Submission or for using
a Submission;
or (iii) to respond to or acknowledge any Submission. You represent and
warrant that no Submission you make will violate any right of any third
party, including,
but not limited to, copyright, trademark, patent, trade secret, privacy
or other
personal or proprietary right. By making a Submission, you agree that
Fortuna has the right (but not the obligation) to copy, publish, distribute
or
use such Submission for any purpose, including, but not limited to, advertising,
promotional,
product development or other commercial purposes, without compensation
to
you or to any other person. You are and shall remain solely responsible
for the
content of any Submission you make.
Links
This Site may contain links to other websites. Fortuna is not responsible for
the availability of, or any content or material contained in, or obtained through,
any such sites. Fortuna does not, by linking to another site, or by making reference
to any third-party information, products or services, endorse those sites or
materials. Any questions or comments relating to any other site should be addressed
to the operator of those sites. No linking to this website is permitted without
Fortuna¡¯s prior written permission.
Products
The Fortuna products depicted on this Site are representative of the Fortuna
collection. Not all Fortuna products are shown in this Site. Not all products
shown on this Site are available at all Fortuna stores. The style, designs and
colors of the Fortuna products shown in this Site may be changed without notice.
Disclaimer
Material in this Site may contain inaccuracies or typographical errors. Fortuna
is not liable or responsible for any inaccuracies or errors, or for any loss
or damage caused by or arising from any user's reliance on information obtained
from or through this Site. It is your responsibility to evaluate the information
and other content available through this Site. This Site and the information
and materials contained in this Site are subject to change at any time, and from
time to time, without prior or subsequent notice.
No Warranties
This site and the contents of this site are provided on an "as is" and "as
available" basis. Fortuna makes no representations or warranties
of any kind, express or implied, including, but not limited to, warranties
of title
or freedom from malicious programs (such as viruses, worms or trojan
horses)
or implied warranties of merchantability or fitness for a particular
purpose, with respect to this site or its contents and expressly disclaims
any representations
and warranties. Fortuna does not represent or warrant that the information
contained in this site is accurate, complete or up-to-date, that this
site is free of defects
or that any defects will be remedied. You agree, by using this site,
that your use of this site is at your sole risk, that you assume full
responsibility
for all loss of use, loss of data and costs associated with all necessary
servicing
or repairs of any equipment and/or software that you use in connection
with this
site, and that Fortuna shall not be responsible or liable for any damages
of any kind whatsoever arising out of, caused by or related to your use
of this
site. Where applicable law does not allow the exclusion of implied warranties,
some or all of the foregoing disclaimers of warranty may not apply to
you.
Limitation of Liability and Indemnity
In no event shall Fortuna be liable for any actual, direct, indirect, special,
punitive, incidental, exemplary or consequential damages, or any other damages
whatsoever, even if Fortuna has been previously advised of the possibility of
such damages, whether in an action under contract, tort or under any other theory,
arising out of or in connection with the use, inability to use, or performance
of the information, products and materials on this site. Because some jurisdictions
do not allow the exclusion or limitation of liability for consequential or incidental
damages, some or all of the above limitations may not apply to you.
Fortuna shall be under no liability for any delay or failure to deliver products
or otherwise perform any obligation as specified in these legal conditions if
the same is wholly or partly caused by circumstances beyond our reasonable control.
You agree to defend, indemnify and hold harmless Fortuna, its affiliates and
their officers, directors, employees and shareholders from and against any and
all claims, damages, losses, costs and expenses, including, but not limited to,
reasonable attorneys' fees and court costs, arising from or related to your use
of this Site.