1. Introduction
This Terms of Use (hereinafter referred to as "this Agreement") is signed by and between AtomForm and the users/visitors who use this website ("the website")(hereinafter referred to as "you") and shall be legally binding on both parties.
This website is operated by AtomForm. Throughout the site, the terms "we", "us" and "our" refer to AtomForm. AtomForm offers this website, including all information, tools and Services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
In order to provide you with better services, AtomForm hereby reminds you to carefully read and fully understand the content of this Agreement, including the terms of exemption or limitation of liability, terms of consent to open and use third-party services, and terms of applicable laws and dispute resolution, etc. Important content such as terms of exemption or limitation of liability will be highlighted in bold to remind you. Please pay special attention to them.
By using the our site and/or purchasing something from us, you engage in our service of website and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please do not use the website if you do not agree to this Agreement. In order to provide you with better services or due to changes in relevant national laws, regulations, functions, and services, etc. AtomForm will amend this Agreement from time to time. The amendments shall constitute an integral part of this Agreement, and you shall be responsible for regularly checking the changes hereto. If you continue to use the website after the release of the changes, it means that you agree to and accept the revised content of this Agreement.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
2. Service Terms
2.1 AtomForm will provide you with services including but not limited to products sales, advertising, software, forums, 3D models, etc. through this website. During your browsing and use of this website and related services, you should abide by the provisions of these Terms of Use.
2.2 All services provided in the website can be disabled by you as needed. In order to provide better user experiences and services, AtomForm will update, adjust, and optimize the website and related services from time to time. AtomForm will notify you of the update in a way that can reach you. You shall have the right to choose whether to accept the update to the website. If you do not accept the updated version of the website, the functions of the website and related services will not be fully realized or cannot be used normally.
2.3 The prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuance of the Service.
2.4 Certain products or services may be available exclusively online via the website. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
2.5 We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
2.6 Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).
2.7 You understand and accept that in order to provide you with better user experiences and services, the website will collect and store other information about your use of the website, collect user feedback, or send you questionnaires from time to time. Meanwhile, some functions of the website may involve the collection of your personal information. AtomForm will protect your personal privacy according to the law. For the protection of your personal information, please refer to Privacy Policy.
2.8 If you believe during the process of using the website that the website or the third-party service in the website violates your legal rights, you may contact AtomForm to report it and provide relevant evidence. Our contact information is posted below: admin@atomform.tech. AtomForm will process your report in accordance with the law and inform you of the results in a timely manner.
3. Terms of Use
3.1 The website is for your personal use only. You shall be responsible for the use of the website and related services, and you shall not use the website for any illegal purpose or other purposes prohibited in this Agreement, or use the website and its content to infringe upon the legitimate rights and interests of other organizations or individuals. You also agree that during the use of the website and related services, you will not:
(a) attempt to interfere with others' use of the website or related services;
(b) attempt to impair the normal operation of the website to maliciously spread virus programs to impair network information services;
(c) use the website or related services in a manner that results in excessive bandwidth usage, excessive data transfers, or excessive server usage;
(d) use the website in a way that will, individually or assisting others to, endanger the network security such as illegally intruding into the network, interfering with normal network functions, stealing network data, or otherwise;
(e) misrepresent your identity or impersonate any person;
(f) directly or indirectly charge others for use of the services;
(g) attempt to modify, translate, adapt, edit, copy, decompile, disassemble or reverse engineer any software used or provided by AtomForm in connection with the website or related services;
(h) obtain or attempt to obtain any data from the website or related services by any other means except the data provided to you by AtomForm;
(i) make compilations or derivative works of any content;
(j) resell or attempt to commercially benefit from any content available from the services;
(k) reproduce, sell, assign, distribute, publish or transfer your license of the services to any third party in any form;
(l) send, receive, store or download information or materials that are inappropriate to or infringe on the intellectual property rights of AtomForm or others.
(m) other acts that violate laws, regulations and relevant provisions of this Agreement, and infringe on the legitimate rights and interests of others.
3.2 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
3.3 AtomForm reserves the right to prohibit any of the above acts. If you commit any violation of this Agreement, AtomForm reserves the right to suspend or terminate your access to the website, and/or prevent you from accessing the website in the future.
4. Third-party Services
4.1 You understand and accept that part of the services of the website are provided by third parties, and AtomForm is not the provider or operator of those services. AtomForm only provides service display, third-party software download, and device adaptation services. You may access third-party software or website links from the website. When using services provided by third parties, you shall abide by national laws and regulations, and rules of third-party agreements, etc. All third-party software services and website contents are provided by third parties, who shall also bear responsibilities to you. AtomForm shall not be liable for compensation for any claim arising from any product you purchase through the third-party software or website. AtomForm does not make any promise, guarantee or representation regarding the content, truthfulness, accuracy, availability, reliability, and security of third-party software or websites, or other aspects thereof over which AtomForm has no control. It is not the responsibility of AtomForm to bear any consequence from your use of such third-party content. You shall decide at your own discretion whether to access and use such third-party content according to your own needs, and you bear the relevant risks.
4.2 You understand and accept that you can enable and use the above-mentioned third-party services and functions in the website. When you use third-party services and functions, you may need to observe relevant rules (if any) specially formulated by AtomForm for third-party services from time to time, and AtomForm will announce such rules in a way that can reach you.
4.3 You understand and accept that in order to provide better user experiences and services, AtomForm will add or remove third-party services in the website from time to time based on user feedback, national policies, service quality, etc. If the website does not clearly indicate the term of provision of third-party software and services, the term of provision of such software and services will end on the date when the website stops providing its contents.
5. Intellectual Property Rights
5.1 All rights, ownership and interests of the contents and services in the website provided by AtomForm are owned by AtomForm, or have been legally licensed to AtomForm for use. Unless otherwise expressly specified in this Agreement, no content or part of the website shall be copied, reproduced, forwarded, downloaded, uploaded, published, displayed, transmitted or distributed in any way, and nothing in the website shall be construed, whether by implication or otherwise, as the licensing of any intellectual property right in the contents and services. AtomForm reserves any right not expressly granted in this Agreement.
5.2 AtomForm shall have all rights to all data and information generated during the development and operation of the website and related services within the scope permitted by laws and regulations.
5.3 You understand and accept that without the written consent of AtomForm, you will not arbitrarily use the trademark, website address, website name, prominent logo or other iconic content of AtomForm and the website without authorization. If you use the above contents in violation of this Agreement and thereby cause losses to AtomForm or a third party, you shall bear all legal responsibilities therefore.
6. Default Compensation
To the extent permitted by law, you agree to indemnify, defend, and hold AtomForm and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any liability, loss, claim, and expense arising from your violation of this Agreement or applicable laws, infringement on the rights of a third party (including but not limited to patents, trademarks, copyrights, trade secrets or other intellectual property rights), willful misconduct or other acts of misusing the website, its contents, or services.
7. Limitation of Liability and Disclaimer
7.1 The website and all contents and services are provided on an "as is" and "as available" basis and are not guaranteed to be flawless. To the maximum extent permitted by law, AtomForm disclaims any express or implied warranties, including but not limited to the implied warranties of merchantability and fitness for any particular purpose. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7.2 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7.3 Although AtomForm strives to keep the information provided in the website accurate and up-to-date, AtomForm does not guarantee that:
(a) the information available in or through the website is correct, accurate, timely or otherwise reliable;
(b) AtomForm' services will be accurate, sufficient, reliable, or free from defects, errors or omissions;
(c) AtomForm' services can meet your requirements or fully address your needs in any particular case.
7.4 Although AtomForm makes every effort to ensure that the services provided by AtomForm are always available, those services may be interrupted due to maintenance, repairs, upgrades, or failures of the network or equipment. AtomForm does not guarantee that the services provided by it are free from any bugs or viruses, or that they are available in any specific region. You shall be responsible for configuring your information technologies, computer programs, and platforms to access the website. You shall also use your own anti-virus software.
7.5 The applicable laws of your region may not allow such exclusions, particularly the exclusions of certain implied warranties, in which case all such warranties shall be disclaimed to the maximum extent permitted by applicable law.
7.6 In no case shall AtomForm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Tips for Ages
By agreeing to these Terms of user, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Otherwise, after receiving and confirming the notification from your guardian, AtomForm will restrict the functions available to you in the website.
9. Tips for Guardians
Your ward(s) shall use the website and related services with your consent, guidance and supervision. You shall properly keep your payment information and equipment to prevent your ward(s) from using your payment equipment to recharge, purchase, and use other functions in the website without your consent.
10. Force Majeure
Unless otherwise specified in the terms of related products or services, in any event, AtomForm shall not be responsible for any delay, failure or interruption of contents or services caused directly or indirectly by any act of nature, force or cause beyond the reasonable control of AtomForm, including but not limited to Internet failures, computer failures, computer viruses, cyber-attacks, telecommunication failures, or any other equipment failures, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, explosions, acts of God, wars, government actions, orders of a court or tribunal at home or abroad, or failure of performance by a third party.
11. Disputes and Jurisdiction
The conclusion, execution, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.
The place of signing this Agreement is Nanshan District, Shenzhen, Guangdong. In case of any dispute between both parties hereto regarding the content or performance hereof, both parties shall resort to friendly negotiations. If such negotiations fail, either party may file a lawsuit with the people's court with jurisdiction at the place of signing.
12. Miscellaneous
12.1 Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions hereof shall remain enforceable. The invalid or unenforceable provision shall be deemed to have been modified so that it is valid and enforceable to the maximum extent allowed by law.
12.2 Transfer. You shall not transfer any of your rights under this Agreement. AtomForm may transfer its rights hereunder to any of its holding companies, affiliates or subsidiaries, or the successor of any business related to the services.
12.3 Waiver. Any failure of or delay in exercising any right, power or privilege granted hereunder shall not be deemed a waiver. Any single or partial exercise of such right, power or privilege shall preclude the subsequent or further exercise of such right, power or privilege.
12.4 Entire Agreement. This Agreement constitutes the entire agreement between you and AtomForm. You acknowledge that you have not entered into this Agreement in reliance on any statement, warranty or representation made by AtomForm or any other person or entity, and you irrevocably and unconditionally waive any claim for damages, and/or any right to revoke this Agreement due to the misrepresentation out of this Agreement (except fraudulent misrepresentation).