.LEGAL NOTICE
Welcome to the website (the “site”) of DixxieDigits Limited, (4nkygadgets.com). 4nkygadgets.com hereby provides its services to you subject to the notices, terms and conditions set forth in this agreement (the “Agreement”). In addition, every time you (the “customer”) use any of 4nkygadgets.com services, (e.g customer reviews), you will be subjected to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Please note that 4nkygadgets.com reserves the right to change the contents of this site and the terms and conditions at anytime without any notice to you.
Therefore, ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. IT IS YOUR RESPONSIBILITY TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, 4nkygadgets.com hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by 4nkygadgets.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by 4nkygadgets in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by 4nkygadgets.com in advance. 4nkygadgets.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if 4nkygadgets.com believes that customer conduct violates applicable laws or is harmful to 4nkygadgets.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. 4nkygadgets.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and 4nkygadgets.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify 4nkygadgets.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide 4nkygadgets.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and 4nkygadgets.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of 4nkygadgets.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant 4nkygadgets.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by 4nkygadgets.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead 4nkygadgets.com or third parties as to the origin of any Submissions or Content. 4nkygadgets.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason
COPYRIGHT
All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, "Content"), belongs exclusively to 4nkygadgets.com or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to 4nkygadgets.com. All software used on this Site (the "software") is the property of 4nkygadgets.com or its Software suppliers.
The Content, the Compilation and the Software are all protected international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of 4nkygadgets.com, its suppliers, or third parties. The use of any 4nkygadgets.com trademark or service mark without 4nkygadgets.com 's expressly written consent is strictly prohibited. You may not use any 4nkygadgets.com trademark or service mark in connection with any non-4nkygadgets.com product or service or in any way that is likely to cause confusion. You may not use 4nkygadgets.com's trademarks or service marks in any manner that disparages or discredits 4nkygadgets.com. You may not use any of the 4nkygadgets.com trademarks or service marks in meta tags without the prior explicit consent of 4nkygadgets.com.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, 4nkygadgets.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and 4nkygadgets.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS This Site may be accessed from countries other than Britain and China. This Site may contain products or references to products that are not available outside of the Britain and China. Any such references do not imply that such products will be made available outside the Britain and China. If you access and use this Site outside the Britain and China, you are responsible for complying with your local laws and regulations
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by 4nkygadgets.com on an "as is" basis. 4nkygadgets.com makes no prepresntations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, 4nkygadgets.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. 4nkygadgets.com does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, 4nkygadgets.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, 4nkygadgets.com's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to 4nkygadgets.com during the month immediately preceding the act allegedly giving rise to 4nkygadgets.com's liability.
ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. 4nkygadgets.com reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
TYPOGRAPHICAL ERRORS
While 4nkygadgets.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. 4nkygadgets.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, 4nkygadgets.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, 4nkygadgets.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
PRICING IN DIFFERENT CURRENCIES
Pricing of products sold by 4nkygadgets.com is based upon figures calculated in British Pounds £. Prices displayed in other currencies are converted from £, pounds according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-British. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-British denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price You are liable to pay to 4nkygadgets.com, excluding shipping.
ARBITRATION
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in an London court, except that to the extent you have in any manner violated or threatened to violate 4nkygadgets.com’s intellectual property rights, 4nkygadgets.com may seek injunctive or other appropriate relief in any county or English court. You hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the county and English courts. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the London Court of International Arbitration (LCIA). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one 3 months after such claim or cause of action arose or be forever banned
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that 4nkygadgets.com is not responsible for the operation of or content located on or through any such site.
REMEDIES
You agree that 4nkygadgets.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that 4nkygadgets.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that 4nkygadgets.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of 4nkygadgets.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by 4nkygadgets.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
APPLICABLE LAW By visiting this Site, you agree that the laws of England, without giving effect to any principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and 4nkygadgets or any of its affiliates or subsidiaries
SEVERABILITY If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision
CURRENCY CONVERSION
We hereby confirm that the currency conversion amounts appearing on product pages are for informational purposes and are approximate amounts in the converted currency, that the consumer's credit card will be charged in british pounds GBP £ which is our business currency, and the converted amounts are not necessarily the exact amount which will appear on the consumer's credit card statement.
While all care has been taken in making available and maintaining the Currency Conversion Rates displayed on this site, such conversion rates are estimates only of currency conversions that may apply to a transaction. These rates are provided for information purposes only without express or implied warranty. The Currency Conversion Rates should not be relied upon as actual currency conversion rates that may be applied to any particular transaction as such rates will frequently fluctuate over time and vary between various financial providers.
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