terms of use
PONY International (“we”, “our”, or “us”) operates the website located at www.ponyapac.com. The following Terms of Use and any other requirements posted on the website constitute an agreement between PONY International and you, the visitor, governing your access and use of all content and functionalities available at www.ponyapac.com and any related micro-sites accessible through www.ponyapac.com and related domain names (collectively the Site).
Please read these Terms of Use carefully. By using the Site, you agree to these Terms of Use as well as any other terms, guidelines or requirements that apply to any portion of the Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. To the extent that you make a purchase from the Site, additional terms may be found here, which you should review carefully.
If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care.
We may modify the Terms of Use from time to time. Please read the Terms of Use and check back often. If you do not agree to any change then you must immediately stop using the Site.
Copyright, Trademark, License & Access
All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, images, moving images, logos, button icons, sound, video clips and illustrations, is owned by PONY International.
All elements of our Site, including without limitation the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other international copyright laws relating to intellectual property rights.
You may not resell or make any commercial use of or any of the contents of our Site. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Site. By using our Site, you agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.
Hyperlink Policy
Please be aware that the Site may contain links to third party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by PONY International of any information contained in any third party website. In no event shall PONY International be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of our Site.
Monitoring Activity
PONY International has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. PONY International has no obligation to display or post any content. PONY International, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. PONY International shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by PONY International or any other party.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PONY INTERNATIONAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability
You agree that in no event shall PONY International be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms of Use, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content; (ii) the transmission of any bugs, viruses, trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or PONY International’s secure servers and/or any and all personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
Indemnification
You agree to indemnify and hold PONY International and its subsidiaries, affiliates, officers, directors, licensees, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms of Use or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
Governing Law & Dispute Resolution
You will resolve any claim, cause of action or dispute (together a “claim”) you have with PONY International arising out of or relating to the Site or the Terms of Use exclusively in accordance with the laws of the Special Administrative Region of Hong Kong (“Hong Kong”). The laws of Hong Kong will govern the Terms of Use, as well as any claim that may arise between you and PONY International, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any claim arising out of or relating to the Site or the Terms of Use.
Accuracy of Information
PONY International shall strive to ensure the accuracy of information posted on the Site. We sincerely apologize for any error or omission in the information provided by PONY International, however, we shall not be held liable for any damages caused by such information. You are invited to inform us of any error that can be found on the Site and we will do our best to publish information that is accurate.