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Welcome to FOOING.com, a website and online service owned and operated by FOOING Co., Ltd (“FOOING”, “Company”, “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the FOOING services, website (including all areas of the site), applications and software provided online and made available offline through or in connection with the service, including through a mobile device (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”).  By using the Service you agree to the Terms of Use, whether or not you are a registered user of our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Use of Our Service

The Service is a place that offers clothing, apparel, and branded products containing the FOOING name, logo, and/or proprietary marks. By enabling users to find, view, and purchase products, FOOING’s goal is to generate a community of enthusiasts around its brand.

FOOING grants you permission to use the Service as set forth in this Agreement, provided that: (1) you will not copy, distribute, or disclose any part of the Service in any medium; (2) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (3) you will otherwise comply with the terms and conditions of this Agreement.

Eligibility

Use of the Service is void where prohibited. This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. FOOING may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Term and Termination

This Agreement shall remain in full force and effect while you use the Service.

FOOING may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in FOOING’s sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours.

Communications

  1. Email Address. When you sign up to receive our newsletter, or if you elect to purchase a Product, you will be asked to supply your email address. You agree that the email address you submit is your own, and you agree not to use the email address of another person at any time. You agree to notify FOOING immediately if you suspect any unauthorized use of your email address by FOOING. Although FOOING will not be liable for your losses caused by any unauthorized use of your email address, you shall be liable for the losses of FOOING or others due to such unauthorized use.
  2. Communications and Notifications. By providing FOOING with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to FOOING features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at support@FOOING.com

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Usage Permissions and Restrictions; Non-Commercial Use

The Services are for the personal use of Users only.

The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by FOOING. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the FOOING servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Users, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.

Billing and Payments

  1. General. You acknowledge that FOOING may charge a fee for the use of any Services, provided that FOOING notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. User agrees to pay for all products ordered through the Website using the payment method indicated, and provides FOOING and its third party payment processor express authorization to charge said fees to the User’s payment provider at time of purchase. Fees owed depend on the specific type and quantity of products, services, information, or deliverables (collectively “Deliverables”) ordered via the Service.  Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables.  Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, FOOING may immediately cease to provide any and all Deliverables to the User. It is the User’s responsibility to promptly provide FOOING with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). FOOING does not validate all credit card information required by the User’s payment provider to secure payment. Some orders may be charged, fulfilled and processed by an authorized third party partner of FOOING, in which case any refunds, charge-backs, returns or product substitutions will be subject to the discretion and policies of such third party provider. All sales are final, non-cancelable and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
  2. Prices. All pricing is in United States dollars. Prices are current at the time of publication and are subject to change without notice.
  3. Shipping. Any tangible property purchased through the Service will be shipped FOB Shipping Point. Title to such products purchased by you from the Service passes from Company (or, as applicable, from the Company’s authorized third-party fulfillment provider) to you upon shipment.
  4. Shipping Fees. User is customarily responsible for any applicable shipping fees, unless the Service indicates “Free Shipping” or some similar designation at time of order. All shipping fees will be indicated and disclosed to User prior to purchase.
  5. Discrepancies. The User must notify FOOING about any billing problems or discrepancies within thirty (30) days after charges first appear on their account statement. If it is not brought to FOOING’s attention within 30 days, User agrees to waive their right to dispute such problems or discrepancies.
  6. Taxes. User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the User’s sale or purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and FOOING reserves the right to collect such taxes or other fees from you at any time.
  7. Un-received Orders. In the event you do not receive your order, please contact us by email at support@FOOING.com, and FOOING will either: (i) re-send the Deliverables at no additional costs to you, or (ii) fully refund your order cost.
  8. Returns. All tangible merchandise which meets the condition requirements as outlined herein, other than special orders and as otherwise noted by Company, may be returned to us (or as applicable, to the Company’s authorized third-party fulfillment provider) for the issuance of a replacement item so long as your original merchandise is received by us (or as applicable by the Company’s authorized third-party fulfillment provider) within 30 days of the date of your receipt of your initial order.

1) Return Process. In order to return a Product, You may contact us via our Returns & Exchanges page, indicating the reason for the return. Alternatively, please contact us at support@FOOING.com for return or exchange instructions.

2) Return Shipping. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company or, as applicable, by the Company’s authorized third-party fulfillment provider.

3) Condition of Items. Your return will be processed after we have received your return of the qualifying Product. In order for FOOING to accept your return, an item must be in original condition. Returns will be returned to you if the Products exhibit any obvious signs of use, or are not in the condition in which they were received.

4) Inspection. All merchandise must be inspected by you upon delivery. In the event your order arrives damaged, please contact us via e-mail at support@FOOING.com and FOOING, in its discretion, may elect to re-send the merchandise to you at no charge, or refund the amount charged to your credit card.

5) Incorrect Merchandise. Contact us via e-mail at support@FOOING.com if you received an item different than what was described on the website or is different than what you ordered.

Our Proprietary Rights

  1. Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  2. Content. Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of FOOING and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
  3. Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FOOING under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, FOOING does not waive any rights to use similar or related ideas previously known to FOOING, or developed by its employees, or obtained from sources other than you.

User Content and User Content Responsibility

  1. User Content

Some areas of the Service may allow Users to post feedback, comments, questions, data, text, images, photos, video, sounds, musical works, works of authorship, materials and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. FOOING will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law. All such User Content is owned by the User who posted it to the Service. FOOING does not have, nor does it claim, any ownership rights in any User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current.  You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy.  You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

  1. Responsibility for User Content

FOOING takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event that you elect to download User Content, FOOING recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. FOOING disclaims any responsibility or liability relating to your access to or downloading of User Content. FOOING is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that FOOING shall not be liable for any damages you allege to incur as a result of such User Content.

  1. User Content License

By submitting User Content to the Service, you hereby grant FOOING a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content in connection with the Service and FOOING’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Use. The above licenses granted by you in User Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that FOOING may retain, but not display, distribute or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

  1. Additional Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: (i) You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; and (ii) Your User Content and FOOING’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Security

FOOING has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Websites, Advertisers or Services

Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that FOOING shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnification

You agree to indemnify, defend, and hold harmless FOOING, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Copyrights

All content included on the site such as text, graphics, logos, button, icons, images, audio clips, digital downloads and software are all owned by FOOING and are protected by international copyright laws.

License and Site Access

FOOING grants you a limited license to access and make personal use of this site. This license does not include any forms of commercial use of this site or its contents, any collection and use of any products, any collection and use of any product listings descriptions or prices, any derivative use of this site 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.

This site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any interest without express written consent from FOOING.

If you have any questions regarding this Agreement, please contact us at support@FOOING.com.