Terms of Use
Last Updated: September 11, 2015
Silver Creation International Ltd (SCI) ’s Terms of Use (“Terms of Use”) consists of these terms, the SCI Privacy Statement, and any supplemental terms or agreements (“Other Agreements”) provided to you for any of the products, services, solutions, software, websites, mobile and social media pages, and other goods and services offered, owned, or operated by SCI (collectively “Services”). This is a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and SCI, and its parents, successors, subsidiaries, affiliates and related entities (“SCI,” “we,” “us,” and “our”).
1. Acceptance of the Terms of Use
By using the services or registering with one or our subsites, you are agreeing to be bound, without limitation or qualification, to the Terms of Use, any other agreements and may use our services as long as you comply with the Terms of Use. These Terms of Use apply whether you are accessing the services via a personal computer, a mobile device, or any other technology or device now known or hereafter developed (each a “device”).
2. Eligibility
In order to use the Services, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms of Use, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.
***This site is not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable law.
3. Account Registration
Certain areas of the Services may offer the opportunity to register or create an account. You will be asked to create a user ID and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. SCI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If SCI requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to SCI changes, you agree to promptly provide SCI with updated information.
4. Privacy
See SCI’s Privacy Policy here for information and notices concerning SCI’s collection and use of your personal information.
5. Ownership and Intellectual Property
The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, SCI 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.
All trademarks, service marks, logos, trade names and any other proprietary designations of Bullet HD used herein are trademarks or registered trademarks of SCI. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
6. Your License to Use the Services
"Content" on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with these Terms of Use, SCI grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, and to access, use, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SCI or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
7. User Submitted Content
We may, in our sole discretion, permit you to submit, post, upload, publish, email, send or transmit Content on or through the Service or in response to or in connection with Content previously provided via the Service. We may occasionally ask you to resubmit Content to us in a different form. Unless otherwise agreed in writing, SCI does not claim any ownership rights in your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content through the Service, you hereby grant to SCI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, SCI, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes, subject to any limitations on use of your private Content, if applicable, in the SCI Privacy Policy; you also grant SCI the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Content. You agree that neither SCI nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that SCI does not guarantee any confidentiality with respect to Content you submit. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use.
Notwithstanding the above, if you submit Content to SCI for SCI, in its sole discretion, to consider using for its own purposes, you may be asked to agree to a separate license agreement that will supersede this provision with respect to such Content. You acknowledge and agree that SCI has no obligation to use any Content that you submit and that you have no obligation to agree to license terms other than those presented in this Terms of Use.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Service or you have all rights, licenses, permissions, consents and releases that are necessary to grant to SCI the rights in such Content, as contemplated under these Terms of Use; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or SCI’s use of the Content (or any portion thereof) on, through or by means of the Service or 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.
8. Idea or Proposal Submissions/Feedback
For any proposals or ideas that you submit to SCI, in addition to any other representations or warranties in these Terms of Use, you represent and warrant that you have the right to disclose such ideas or proposal to SCI and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend SCI from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.
By submitting your idea or proposal you acknowledge and recognize that SCI has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, SCI may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this Terms of Use shall be construed as a representation or inference that SCI will not independently develop or authorize the development of products, services or ideas, for itself or for others, that may compete with or be similar to the proposals or ideas you submit. Moreover, SCI assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to SCI product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that SCI’s willingness to review any proposals or ideas is not an admission by SCI of novelty, priority, or originality and does not impair SCI’s right to contest existing or future patents or copyrights claiming the ideas. You agree that SCI assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under the Patent and Copyright Statutes of the United States of America.
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) ("Feedback"), you acknowledge and agree that all Feedback will be the sole and exclusive property of SCI and you hereby irrevocably assign to SCI and agree to irrevocably assign to SCI all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
9. Copyright Policy
SCI respects copyright law and expects its users to do the same. SCI has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SCI’s Copyright Policy here, for further information.
10. General Prohibitions
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Service, or any individual element within the Service, SCI’s name, any Bullet HD trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SCI’s express written consent;
Access, tamper with, or use non-public areas of the Service, SCI’s computer systems, or the technical delivery systems of SCI’s providers;
Attempt to probe, scan, or test the vulnerability of any SCI system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SCI or any of SCI’s providers or any other third party (including another user) to protect the Service or Content;
Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SCI or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Bullet HD trademark, logo URL or product name without SCI’s express written consent;
Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
SCI will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SCI may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that SCI has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SCI reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that SCI, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Service.
11. Links
The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that SCI is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SCI of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Sweepstakes and Contests
SCI may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Service. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Service, as they may contain additional important information about SCI’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.
13. Modification
SCI reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, 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 of Use. 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 you agree to be bound by the modified Terms of Use. You may also be asked to re-acknowledge and re-accept the Terms of Use following any material changes. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Service.
14. Termination
If you breach any of these Terms of Use, SCI will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. SCI is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service. Your rights under these Terms of Use will terminate immediately and automatically, with or without notice in SCI’s sole discretion, if SCI ceases to support the Service. SCI reserves the right to revoke your access to and use of the Service and Content at any time, with or without cause. You may cancel your Account at any time by contacting SCI Support.
15. Disclaimers
The service and content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, SCI explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising our of course of dealing or usage of trade. SCI makes no warranty that the service or content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. SCI makes no warranty that SCI will continue to offer or make available the services, including without limitation any particular software for any particular length of time and SCI reserves the right to change and update the service and any software without notice to you. SCI makes no warranty regarding the quality of any products, services or content purchased or obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the service.
No advice of information, whether oral or written, obtained from SCI or through the service or content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service.
16. Indemnity
You agree to defend, indemnify, and hold SCI, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Content, or your violation of these Terms of Use.
17. Limitation and Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service and content remains with you. Neither SCI nor any other party involved in creating, producing, or delivering the service or content will be liable for any incidental, special exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, whether based on warranty, contract, tort (including negligence). Product liability or any other legal theory, and whether or not SCI has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will SCI’s aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use the service or content exceed one hundred dollars (USD100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between SCI and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
18. Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of California 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 the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
19. GENERAL PROVISIONS
These Terms of Use and the SCI Privacy Policy, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and SCI with respect to the Services. You acknowledge that any other agreements between you and SCI with respect to the Services are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.
20. Return Policy
1> Defective Unit Return - USPS
* Reference: https://ircalc.usps.com
(1) Please use Priority Mail Internation Padded Flat Rate Envelop (12-1/2” x 9-1/2”)
(2) Regular international shipping rate from U.S. to our Service Center (China).
Please contact us or our reseller before sending back the defective unit.
For more information, please email to: cs@bullethd.com
(3) Once we received the defective unit, we will send you a brand new one immediately if
still within its warranty period. Or, we will quote you the repair cost if its out of warranty
period.
(4) Shipping cost from U.S. to our Service Center:
- Once received the package, we will send you confirmation email with a VOUCHERS
(US$ 26.00) for next time (within warranty period ONLY).
Shipping cost from Service Center to U.S. :
- Free of charge (within warranty period ONLY).
(5) Shipping information:
- Shipping address (China Service Center):
Room 801, Century Place Service Apartment,
3018 Shennan Middle Road,
Futian, Shenzhen, China 518035
- Receiver: Grace Chow
- Tel: +86-755-25322948
- Description: Defective unit
- Shipping Value: US$15.00
2> Defective Unit Return - Royalmail
* Reference: https://www.royalmail.com
(1) Please use Bubble Envelopes ( size: 260 x 345mm )
(2) Regular international shipping rate from UK to our Service Center (China).
Please contact us or our reseller before sending back the defective unit.
For more information, please email to: cs@bullethd.com
(3) Once we received the defective unit, we will send you a brand new one immediately if
still within its warranty period. Or, we will quote you the repair cost if its out of warranty
period.
(4) Shipping cost from UK to our Service Center:
- Once received the package, we will send you confirmation email with a VOUCHERS
(US$ 26.00) for next time (within warranty period ONLY).
Shipping cost from Service Center to UK :
- Free of charge (within warranty period ONLY).
(5) Shipping information:
- Shipping address (China Service Center):
Room 801, Century Place Service Apartment,
3018 Shennan Middle Road,
Futian, Shenzhen, China 518035
- Receiver: Grace Chow
- Tel: +86-755-25322948
- Description: Defective unit
- Shipping Value: ￡20
3> Defective Unit Return - Auspost
* Reference: https://auspost.com.au
(1) Please use Registered Post International ( Small padded bag, 34 x 24cm )
(2) Regular international shipping rate from AUS to our Service Center (China).
Please contact us or our reseller before sending back the defective unit.
For more information, please email to: cs@bullethd.com
(3) Once we received the defective unit, we will send you a brand new one immediately if
still within its warranty period. Or, we will quote you the repair cost if its out of warranty
period.
(4) Shipping cost from AUS to our Service Center:
- Once received the package, we will send you confirmation email with a VOUCHERS
(US$ 26.00) for next time (within warranty period ONLY).
Shipping cost from Service Center to AUS. :
- Free of charge (within warranty period ONLY).
(5) Shipping information:
- Shipping address (China Service Center):
Room 801, Century Place Service Apartment,
3018 Shennan Middle Road,
Futian, Shenzhen, China 518035
- Receiver: Grace Chow
- Tel: +86-755-25322948
- Description: Defective unit
- Shipping Value: US$15.00
By continuing to use the services, you agree to be bound by these terms of Use.