Conditions to Use

Welcome to Encore.com. Encore.com provides website features to you subject to the following conditions. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. Please read them carefully. In addition, when you use any current or future Encore service or business (e.g., Your Profile, e-Shop, e-Commerce) you will also be subject to the guidelines, terms and agreements applicable to such service or business.

PRIVACY

Your visit to Encore.com is also governed by the Privacy Policy, please review the Policy to understand the terms set forth.

ELECTRONIC COMMUNICATIONS

When you visit Encore.com or send e-mails to us, you are communicating with us electronically. Likewise, you consent to receive communications from us electronically which include e-mail or posting notices on the Encore.com portal site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Encore or its content suppliers and protected by Hong Kong and international copyright laws. The compilation of all content on this site is the exclusive property of Encore and protected by Hong Kong and international copyright laws. All software used on this site is the property of Encore or its software suppliers and protected by Hong KOng and international copyright laws.

LICENSE AND SITE ACCESS

Encore grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Encore. This license does not include any resale or commercial use of this site or its contents such as product listings, descriptions, or prices. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Encore. Y ou will not use the Encore.com service to infringe the intellectual property rights of others in any way. You may not utilize any kinds of techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Encore without express written consent. We reserve the right to terminate the permission or license granted for unauthorized use of this site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Encore.com so long as the link does not portray Encore, or its products or services in a false, misleading, or otherwise offensive matter. You may not use any Encore logo or other proprietary graphic or trademark (if any) as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Encore does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Encore.com only with involvement of a parent or guardian. Encore reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any contents provided by other users. Encore reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Encore a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Encore the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Encore for all claims resulting from content you supply. Encore has the right but not the obligation to monitor and edit or remove any activity or content. Encore takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Encore are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Encore attempts to be as accurate as possible. However, Encore does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Encore itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our web site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by Encore, we cannot confirm the price of an item until you order.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site and all information, content, materials, products (including hardware and software) and services included on or otherwise made available to you through this site are provided by Encore on an ¡§as is¡¨ and ¡§as available¡¨ basis, unless otherwise specified in writing. Encore makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including hardware and software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Encore disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Encore does not warrant that this site; information, content, materials, products (including hardware and software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from Encore are free of viruses or other harmful components. Encore will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including hardware and software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Each User hereby agrees to indemnify and save Encore.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from :

• such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement;
• User's breach of any representations and warranties made by User to Encore.com;
• directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.

APPLICABLE LAW

By visiting Encore.com, you agree that the laws of The Hong Kong SAR of Government, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Encore.

DISPUTES

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

These policies also govern your visit to Encore.com. We reserve the right to make changes to our site, policies, and these Conditions of Use 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.