Terms Of Use
1.Introduction
Welcome to sofabaton.com (the "Service"). These Terms of Use constitute a legal agreement (the "Agreement" or "Terms
of Use" between Sofabaton Innovations Limited and/or its affiliates ("we" or "us") and you that governs your use of
the Service and purchase and use of any Sofabaton products ("Products") through the Service. By using the Service,
you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use,
you must not use the Service. In compliance with the Law of Cyprus.
2.Privacy Policy & Cookies
By using the Service, you represent and warrant that you have read and understood and agree to be bound by our
Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is
available at https://us.Sofabaton.com/policies/privacy-policy.
As explained more fully in the Privacy Policy, the Service uses Cookies to collect certain information from you. By
using the Service and agreeing to these Terms of Use, you consent to our use of Cookies in accordance with the terms
of our Privacy Policy.
3. Eligibility
By accessing and/or using the Service, you represent and warrant that you are at least eighteen (18) years of age,
and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the
Service on behalf of a business entity, you further represent and warrant that you are authorized to act and enter
into contracts on behalf of that business entity.
4. Purchases & Payments
If you purchase a Product through the Service, you will be required to provide your billing and shipping information
as well as information regarding your credit or debit card (each, a "Payment Card") so that we may charge you for
the costs and fees associated with your purchase. You represent and warrant that you are the authorized account
holder on all Payment Cards you submit through the Service, and acknowledge and agree that we have the right to
charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to
you at the time of your purchase.
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from
us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order
Confirmation Email"). The Order Confirmation Email is acknowledgement that we have received your order, and does not
confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract
of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that
we've dispatched the product to you.
If you are not fully satisfied with the Products purchased by you on the Service, you may return the Product, in its
original packaging, to us for a refund within thirty (30) days of the date of your purchase. You can request and
arrange for such a refund by contacting us via the Service Support Mail. After the 30-day refund window has expired,
your only recourse regarding the Products is through our warranty.
At our sole discretion, you may be permitted to purchase certain Products through Amazon.com ("Amazon"), or by using
the payment processing services of PayPal.com ("PayPal"). You understand and agree that Amazon and Paypal are Third
Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through
these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and
other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and
agreements of these Third Parties.
5. License to Use Website
Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated
in this Agreement, non-transferable license to access the Service for your personal use.
This license does not include, and you must not:
Republish material from the Service (including republication on another service), sell, rent or sub-license material
from the ServiceShow any material from the Service in publicReproduce, duplicate, copy or otherwise exploit material
on the Service for a commercial purposeEdit or otherwise modify any material on the ServiceRedistribute material
from the Service except for content specifically and expressly made available for redistribution
Unless otherwise stated, we and/or our licensors own the intellectual property rights in the Service and material on
the Service, and all rights not expressly granted in this Agreement are reserved by us.
6.Assumption of Risk; Release
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal
representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and
indemnify us and our owners, officers, directors, employees, agents, affiliates, consultants, representatives,
sublicensees, successors, assigns, parents, subsidiaries, and related entities, including Sofabaton Innovations
Limited (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury,
property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to
third parties, that may result from your use of the Service.
7.User account, Accuracy & Security
User Account
To access and use certain parts of the Service, you may be asked to create a user account ("Account"), and to
provide information that personally identifies you. You represent and warrant that all user information you provide
in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that
you will update that information as necessary to maintain its completeness and accuracy by updating your personal
profile. You agree that you will not submit any fake content (including without limitation any username, likeness,
or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our
sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse
you access to the Service. For additional information, see our Privacy Policy.
Account Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are
entirely responsible for maintaining the confidentiality of your password. You may not use the username or password
of any other person, nor may you share your username and password, nor may you circumvent any authentication
mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the
Service. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any
loss that you incur because of someone else using your Account, either with or without your knowledge. You may be
held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and
representatives due to someone else's use of your Account.
8.Prohibited Conduct
We impose certain restrictions on your use of the Service. Any violation of this Section 8 may subject you to civil
and/or criminal liability.
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the
availability or accessibility of the Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping,
data mining, data extraction and data harvesting) on or in relation to the Service without our express written
consent.
You must not engage in any of the following conduct on the Service, which is expressly prohibited: (a) providing
false, misleading, or inaccurate information to us or any other person in connection with the Service; (b)
impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c)
accessing content or data not intended for you, or logging into a server or account that you are not authorized to
access; (d) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or
network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt
to interfere with the use of the Service by any other user, host, or network, including (without limitation) by
submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet
or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email
headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or
another's) business, or causing others to do so; or (h) paying anyone for interactions on the Service.
You must not use the Service to transmit or send unsolicited commercial communications.
You must not use the Service for any purposes related to marketing without our express written consent.
9.User Content
In these Terms of Use, "your user content" means material (including without limitation text, images, audio
material, video material and audio-visual material) that you submit to the Service, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future media. You also grant to us the right to
sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that
we shall not bring an action for infringement of any Product reviews posted by you without your express further
permission.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be
capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable
law).
You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual
legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the Service, or stored on our servers, or hosted or
published upon the Service.
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the
submission of such content to, or the publication of such content on, the Service.
10.No Warranties; Limitation of Liability
No Warranties
We, on behalf of ourself and our licensors and suppliers, expressly disclaims any and all warranties, express or
implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all
implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title,
in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our
licensors or suppliers warrant that the Service will meet your requirements, or that the operation of the Service
will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of
the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays,
tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Service,
whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any
indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost
profits or lost revenues), whether caused by the acts or omissions of us, Company Parties, or our users, or their
agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Service is at your sole risk. You will not hold us or our licensors and suppliers, as
applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including
without limitation any loss or damage to any of your computers, mobile devices, including without limitations
tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with the
Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or
confidential or other information, loss of privacy, costs of procurement of substitute goods or Services, failure to
meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless
of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising
out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages
arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation
of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain
between you and us. The Service would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any
other limitation of liability in any other agreement between you and us or between you and any of our licensors and
suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain
damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors
and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or
information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the
disclaimers or limitations stated in this section.
No Advice
Nothing on the Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation
to any legal, financial or medical matter you should consult an appropriate professional.
11.Consent to Receive Electronic Communications from Sofabaton
By creating an Account and providing your email address to us, you expressly consent to receive electronic and other
communications from us, over the short term and periodically, including email communications. These communications
will be about your purchases, your customer service inquiries, new product offers, promotions and other matters. You
may opt out of receiving promotional electronic communications at any time by following the unsubscribe instructions
contained in each communication, or by contacting us at one of our customer service numbers as listed here:
Sofabaton.com/contact us. Your unsubscribe request will apply to promotional communications only and will not limit
our ability to contact you regarding your purchases, Account, or to provide you with updates to this Agreement or
the Privacy Policy. You agree that these electronic communications satisfy any legal requirements that
communications or notices to you be in writing.
12.Intellectual Property
You represent and warrant that, when using the Service, you will obey all applicable laws and respect the
intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright
and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any
content, information, or other materials in violation of any third party's copyrights, trademarks, or other
intellectual property or proprietary rights.
Trademarks
Sofabaton and the Sofabaton logo (collectively, the "Marks") are trademarks or registered trademarks of Sofabaton
Innovations Limited and used by us with permission. Other trademarks, Service marks, graphics, logos, and domain
names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties.
Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to
reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain
names. You agree that any goodwill in the Marks generated as a result of your use of the Service will inure to the
benefit of Sofabaton Innovations Limited and you agree to assign, and do assign, all such goodwill to Sofabaton
Innovations Limited. You shall not at any time, nor shall you assist others to, challenge Sofabaton Innovations
Limited right, title, or interest in, or the validity of, the Marks.
Copyrights
All content and other materials available through the Service, including without limitation the Sofabaton logo,
design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by
Sofabaton Innovations Limited or are the property of our licensors and suppliers. Except as explicitly provided,
neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
13. Reasonableness
By using the Service, you agree that the exclusions and limitations of liability set out in the Service disclaimer
are reasonable.
If you do not think they are reasonable, you must not use the Service.
14.Other Parties
The Service may be linked with the services of third parties ("Third Party Services"), some of whom may have
established relationships with us and some of whom may not. We do not have control over the content and performance
of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer
software or other goods or Services, made available on Third Party Services. Accordingly, we do not represent,
warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of
the information, material, goods, or Services available through Third Party Services. We disclaim, and you agree to
assume, all responsibility and liability for any damages or other harm, whether to you or to third parties,
resulting from your use of Third Party Services.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our
officers and employees. You agree that you will not bring any claim personally against our officers or employees, or
against any Company Parties, in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in
the Service disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as us and the Company Parties.
15.Unenforceable Provisions
If any provision of the Service disclaimer is, or is found to be, unenforceable under applicable law, that will not
affect the enforceability of the other provisions of the Service disclaimer.
16. Indemnity
Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify,
and hold harmless us and the Company Parties (collectively, the "Indemnitees") from and against any and all claims,
actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"),
including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any
action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or
relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any
representation or warranty contained in this Agreement; (iii) your access to or use of the Service or Products; (iv)
your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation
of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of
Section 8 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged
violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their
choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any,
each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned
Company Parties.
17.Termination
Termination
Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without
notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without
limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this
Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of
this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not
require any action by us.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this
Agreement, including all rights to use the Service. Upon termination, we may, but has no obligation to, in our sole
discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or
information that you made available to us or that otherwise relate to your use of the Service. Upon termination, you
shall cease any use of the Service.
After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized
use of the Service, including without limitation technological barriers such as IP blocking and direct contact with
your Internet Service Provider.
Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following
Sections will survive any termination of this Agreement: Sections 1-4 and 6–27.
18. Dispute Resolution
Dispute
Any dispute or claim relating in any way to your use of any Service will be adjudicated in the state or Shen Zhen
China, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
Applicable Law
By using any Service, you agree that applicable the Chinese law, and the laws of the Republic of China, without
regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might
arise between you and us.
19.Notices
All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by
email sent to the most recent email address, if any, provided by the intended recipient to us . You agree that any
notice received from us electronically satisfies any legal requirement that such notice be in writing. You bear the
sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you
shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by
submitting said notice to us at service@furrykid.com.
20. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without
notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these Terms of Use.
21. Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the
provision will continue in effect.
22. No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not
waive that term or condition or any later breach.
23. Independent Contractors
You and us are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship
is intended or created by this Agreement.
24. No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties,
Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement).
25. Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation
to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
26.Changes to Our Terms of Use
If we decide to change our Terms of Use, we will update the Terms of Use modification date below. If the change is
material, we will provide you with notice pursuant to Section 19.
27.Contact Us
If you have any questions about our Terms of Use, please contact us at service@furrykid.com.