Terms of Use

These Terms of Use apply to any Neomory website or online service on which these Terms of Use are posted (collectively, the “Site”). By using the Site, you signify your agreement to these Terms of Use. If you are a minor under the age of majority in your country of residence, you should review these Terms of Use with a parent or guardian.

We may modify these Terms of Use at any time by updating this posting. If we make a material change to these Terms of Use, we will notify registered users by email. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You should visit this page periodically to review these Terms of Use.

Note that different or additional terms might apply to some services or features offered on the Site. Those terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

To jump to a specific section of these Terms of Use, please click on a link below:

1. Acceptable Use Standards

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Neomory, an Neomory employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Neomory or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database
  connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

If you breach this section you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your name and any other relevant information that We holds about you. In the event of such a breach, your right to use the Website will cease immediately.

2. Enforcement Of These Terms Of Use

We may take any of the following actions to enforce the Terms of Use:

• Removing or refusing to post user-submitted content that violates the Rules of Conduct;
• Limiting the dissemination or visibility of certain user-submitted content;
• Taking the actions described in our Copyright Policy below;
• Suspending or terminating a user account, which may result in loss of access, without a refund, to subscription services associated with the account; and
• Asserting our rights in court based on a breach of the Terms of Use or other cause of action.

Although we endeavor to enforce these Terms of Use consistently to maintain a safe and respectful user environment, we disclaim, to the fullest extent permitted by applicable law, any obligation or responsibility to moderate User Submissions.

3. Sale of Products

By Neomory Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Descriptions: we do our best to provide accurate information on our product pages – including product descriptions, prices, shipping estimates, etc. However, we reserve the right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer). Prices and availability are subject to change. Your order is subject to cancellation by us, in our sole discretion.

Order Acceptance: we reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation 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 attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. If we do cancel your order, we will refund you any amounts that you have been charged.

Payments: generally, we do not charge your payment method until after you order has shipped. However, we may pre-authorize the total purchase amount (including applicable taxes and shipping costs) with your authorized payment method once when you place your order. You cannot make changes to your order after it has been placed.

Risk of Loss: All purchases of physical products are made subject to a shipping contract. Risk of loss and title for purchases pass to you upon our delivery to the carrier. You must notify us within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged.

Shipping, Returns, Manufacturer Warranty: please see our Shipping Policy, Warranty and Return Policy for further information about purchasing our memory and storage card and accessories.

4. Ownership and Intellectual Property

The Service and Content are protected by copyright, trademark, and other laws of the China and foreign countries. Except as expressly provided in these Terms, Neomory and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

5. User Submitted Content

You are solely responsible for any Content you submit, post, display or make available through the Service (your “User Content”). Unless otherwise agreed in writing, Neomory does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. By making available User Content through the Service, you hereby grant to Neomory a worldwide, irrevocable, perpetual, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license to use, copy, adapt, modify, distribute, reference, store, cache, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, making publicly available and otherwise exploit such User Content in any form, medium or technology now known or later developed for any purposes, including for both commercial and non-commercial purposes without compensation to you, except as otherwise provided in the Neomory Privacy Policy as it relates to your personal data and private Content.

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that:

(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Neomory the rights in such User Content, as contemplated under these Terms;

(ii) Neither the User Content nor your posting, uploading, publication, submission or transmittal of the Content or Neomory use of the User Content (or any portion thereof) otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6. Feedback

If you choose to provide feedback, comments and suggestions for improvements to the Service (orally or written) (“Feedback”), you acknowledge and agree that all Feedback will be Neomory sole and exclusive property and you hereby irrevocably assign to Neomory and agree to irrevocably assign to Neomory all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.

7. Third Party Links

The Service may contain links to third-party websites. Neomory does not control or endorse these third-party websites. Neomory is not responsible for the availability, appropriateness, accuracy, content, advertising, product or services of such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the Service, you expressly release Neomory from any and all liability arising from your use of any third-party website or on-line resource. Accordingly, Neomory encourages you to be aware when you leave the Service and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.

8. Privacy

Neomory’s Privacy Policy governs we collection and use of your personal information.

9. Modifications

Neomory reserves the right, at its sole discretion, to modify, discontinue or terminate the Service (including, without limitation, the fees and benefits for any Subscriptions) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms. You may also be asked to re-acknowledge and re-accept the Terms following any material changes. If the modified Terms are not acceptable to you, you may cease using the Service and this is your only recourse.

10. Controlling Law and Jurisdiction

If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction.

If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the China without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be located in China and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts.

11. General

The failure of Neomory to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Neomory. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. If specific terms are not available, we will default to this English version.

12. Contact

In the event of a complaint, or to request further information, you may contact Neomory in writing at A3-1-703, International Building, Nanshan District, Shenzhen, Guangdong, China or by email at service@neomory.com.