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PorcupineRC Terms and Conditions

COPYRIGHT

All content on this site including website design, text, graphics, logos of PorcupineRC brands, the selection and arrangement thereof and all software compilations, underlying source code, software (including applets), and all other material on this Web site are copyright Porcupine Hobby Limited. ALL RIGHTS RESERVED and are protected to the full extent of U.S. and International copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the purposes of placing an order with PorcupineRC or promoting products ordered from PorcupineRC by authorized retailers. Any other use of materials on this website--including reproduction for purposes other than those noted above, modification, distribution, or re-publication--without the prior written permission of Porcupine Hobby Limited is strictly prohibited. PorcupineRC is not responsible for any content placed online by users. Each user warrants that all the content the user places online is not violative of the copyright of third parties.

 

TRADEMARKS
Trademarks such as Porcupine, PorcupineRC, Porcupine Hobby services referenced on this website are either trademarks or registered trademarks of Porcupine Hobby Limited. These trademarks may not be used in any way, except by the express written permission of PorcupineRC, in any manner that is likely to cause confusion or dilute the company’s marks, or in any manner that discredits the company. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.

YouTube® and its logo are trademarks or registered trademarks of Google Inc. Facebook® and its logo are trademarks or registered trademarks of Facebook, Inc. Twitter® and its logos are trademarks or registered trademarks of Twitter, Inc.

 

LIABILITY
Except as specifically stated on this website, to the fullest extent permitted at law, neither Porcupine Hobby Limited nor any of its affiliates, directors, employees, or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.

 

PorcupineRC.com is not responsible for typographical errors. PorcupineRC.com reserves the right to cancel any order you have placed if there was a typographical error on the PorcupineRC.com Store concerning the pricing or availability of any item you ordered when you placed the order. PorcupineRC.com reserves the right to change the terms and conditions of sale at the PorcupineRC.com Store at any time. PorcupineRC.com may make changes to any products or services offered at the PorcupineRC.com Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the PorcupineRC.com Store with respect to products and services may be out of date, and PorcupineRC.com makes no commitment to update the information provided at the PorcupineRC.com Store with respect to such products and services. PorcupineRC.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the PorcupineRC.com Store, or to any portion of the PorcupineRC.com Store, for any reason; (2) to modify or change the PorcupineRC.com Store, or any portion of the PorcupineRC.com Store, and any applicable policies or terms; and (3) to interrupt the operation of the PorcupineRC.com Store, or any portion of the PorcupineRC.com Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes. To the extent permitted by law, all sales at the PorcupineRC.com Store are governed by Hong Kong law, without giving effect to its conflict of law provisions. No PorcupineRC.com employee or agent has the authority to vary any of the PorcupineRC.com Store's policies or the terms and conditions governing any sale. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

PorcupineRC.com’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by PorcupineRC.com of any provision or any right it has to enforce these policies, nor shall any course of conduct between PorcupineRC.com and you or any other party be deemed to modify any provision of these policies. These policies shall not be interpreted or construed to confer any rights or remedies on any third parties. The PorcupineRC.com Store provides access to PorcupineRC.com international data and, therefore, may contain references or cross-references to PorcupineRC.com products, programs, and services that are not announced in your country. Such reference does not imply that PorcupineRC.com in your country intends to announce such products, programs, or services.

Porcupine Hobby Limited and its agents are not responsible for errors and omissions on this site. 

 

PRICE OR DESCRIPTION CHANGES
All information, prices, pictures, and descriptions on this site are subject to change. Porcupine Hobby Limited disclaims all responsibility and liability for unintentional errors. In the event of such errors on our site or in our publications, PorcupineRC reserves the right to cancel or refuse orders at our sole discretion. Please contact PorcupineRC immediately if you become aware of any errors or discrepancies.

 

USER AGREEMENT
All users agree, through the use of this site, to the terms and conditions contained on this website and shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without giving effect to its conflict of law provisions. User hereby agrees, through the use of this site, to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region located within that jurisdiction for purposes of any and all litigation arising out of the use of this site, or the purchase of any goods made through this web site. User waives any objections to the forum of Hong Kong Special Administrative Region for lack of venue, forum non-conveniens, or any other jurisdictional ground.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as Privacy and Shipping, posted on this site. These policies also govern your visit to PorcupineRC's website. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

LINKS TO OTHER SITES
PorcupineRC is not liable for materials on Non-PorcupineRC owned sites linked through the website. PorcupineRC does not regularly review these materials, does not necessarily endorse all the material appearing on these linked sites, and any decision of a website visitor to view any of the said websites is at the visitor's own risk.

 

USER-GENERATED CONTENT TERMS OF USE
Porcupine Hobby Limited our affiliates, and our designees ("PorcupineRC ," "We," "Us," or "Our") owns and/or operates various websites, social media, and other online properties ("User-Generated Websites or "Sites") that permit users to submit or publish various content. Such websites may include but are not limited to, message boards, blogs, social networks, and comment boards which allow users to submit information including, comments, information, photos, videos, and other material ("User Content"). By registering or using any of our User-Generated Websites, you accept and agree to the following Terms of Use.

 

Appropriate Conduct and Content; Personal Use Only:
Unless otherwise noted, the products and services on the Sites are intended for personal, non-commercial purposes only. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, link, license, or in any way exploit the content of the Sites.

You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state, and local laws. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links, comments, and any and all User Content created or generated by you that you submit, post, and display on any of our Sites.

 

Eligibility:
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from any of our Sites, (c) do not have more than one (1) account at any given time for any Site; (d) you will only provide us with true, accurate, current and complete information and (d) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

 

Your Account:
When you set up an Account, you are required to provide your name, email address, full billing address, telephone number, date of birth and then select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. Your Account Information details must be fully complete to make an order and/or take advantage of any offered promotion(s). If the Account is for purchases for a company, business, organization, etc, your Account Information must have the name of
the individual person responsible for that account and its payments listed in the account under First and Last name. Complete first and last names are required for your Account and using a single letter or initials is not acceptable for first and/or last names. If someone accesses our Sites using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site(s). We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark and proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us at our sole discretion. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account. Without limiting any rights we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site(s) under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event will we be liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

 

User Content:
We welcome user comments, information, and submissions. Subject to our Privacy Policy, all User Content that you post to the Sites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other uses of Our Sites. You also agree that PorcupineRC , our affiliates, and our licensees are free to use any ideas, concepts, know-how, or techniques generated by any User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

 

Our Right to Use User Content:
If you choose to submit any User Content to any Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates, or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying, or otherwise providing information, material, or any other communication to us, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

 

Review of Submissions:
We have no obligation to verify the identity of any users when they are connected to a Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit, or delete the User Content posted by you and other users on any Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.

 

No Endorsement:
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality. We do not assume, and expressly disclaim, any obligation or liability with respect to listing or providing Any MSDS (Material Safety Data Sheet), SDS, UN/DOT 38.3 Transporting Testing, MTTFd (Mean Time To Failure-dangerous) measurements, MTBF calculations, B10d Evaluations, UL approval, CE Certification of conformity, Certificates of Conformance, Certificates of Compliance, Certificate of Origin, the pronouncement of compliance, or other similar affidavits for the products on the website. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements, and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content, and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.

 

Prevailing Language:

The Terms and Conditions shall be prepared and executed in English and if translated into a language other than English for any purpose, the English version shall in all events prevail and be paramount in the event of any differences, questions, or disputes concerning the meaning, form, validity, or interpretation of the Terms and Conditions.