Terms of service

Terms of Service

Overview

Welcome to Yoniq! The terms “we,” “us,” and “our” refer to Yoniq. Yoniq operates this store and website, including all related information, content, features, tools, products, and services provided through the store, in order to offer you (the customer) a carefully curated shopping experience (the “Services”). Yoniq is powered by Shopify, which enables us to provide these Services to you.

The following Terms of Service, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), outline your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover important matters such as disclaimers and limitations of liability.

By accessing, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.


Section 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you have reached the age of legal adulthood in your state or province of residence, and that you have given us permission to allow any minor dependents under your care to use the Services on devices that you own, purchase, or manage.

To use our Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping details.

You represent and warrant that all information you provide to us through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or authorize any other person to use your account.


Section 2 - Our Products

We have made every effort to accurately display our products and services in our online store. However, please note that colors and product appearances may vary from what is displayed on your screen due to differences in the type of device you use to access our store and your device settings and configurations.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly as displayed or presented in our online store.

All product descriptions are subject to change at any time without notice. We reserve the right to make the final interpretation regarding product information.

We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.


Section 3 - Orders

When you place an order, you are making an offer to purchase. Yoniq reserves the right, at its sole discretion, to accept or reject your order for any reason.

Your order will only be considered accepted once it has been confirmed by Yoniq. We must receive and process your payment before your order is accepted.

Please carefully review your order before submitting it. Once an order has been accepted, Yoniq may not be able to accommodate cancellation requests.

If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchase may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchase is for personal or household use only and is not intended for commercial resale or export.


Section 4 - Prices and Billing

Prices, discounts, and promotional offers are subject to change without notice.

The price of a product or service will be the price in effect at the time your order is placed and will be listed in your order confirmation email.

Unless otherwise stated, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.

Prices displayed in our online store may differ from prices available at physical retail locations, third-party online stores, or other sales channels.

We may occasionally offer promotions through our Services, which may affect pricing and may be subject to additional terms separate from these Terms. If there is any conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(1) The credit card information you provide is true, accurate, and complete;

(2) You are authorized to use the credit card for the purchase;

(3) Your credit card company will honor the charges incurred by you; and

(4) You will pay all charges incurred by you at the posted prices, including shipping and handling fees and applicable taxes, if any.


Section 5 - Shipping and Delivery

We are not responsible for delays in shipping or delivery.

All delivery times provided are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or circumstances beyond our control.

Once we transfer the product to the shipping carrier, ownership and the risk of loss transfer to you.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brand elements, text, displays, content, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Yoniq, its affiliates, or its licensors and are protected by U.S. and international patent, copyright, trademark, and other intellectual property laws.

These Terms only permit you to use the Services for personal, non-commercial purposes.

You may not, without our prior written consent, copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services.

Except as expressly stated herein, nothing in these Terms shall be interpreted as granting you any license or right to use any patent, trademark, copyright, or other intellectual property rights of Yoniq, Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, and international intellectual property laws.

Yoniq reserves all rights not expressly granted under these Terms.

The name Yoniq, its logos, product names, service names, designs, and slogans are trademarks of Yoniq, its affiliates, or licensors.

You may not use any Yoniq trademarks without Yoniq’s prior written permission.

The name Shopify, its logos, product names, service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.


Section 7 - Optional Tools

We may provide you with access to third-party tools as part of our Services. We do not monitor, control, or have any involvement with these tools.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.

We may introduce new features, tools, or resources through the Services in the future. Any new features or tools will also be considered part of the Services and will be subject to these Terms of Service.


Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites operated or provided by third parties, including embedded third-party features.

We are not responsible for reviewing or evaluating the content, accuracy, or reliability of third-party materials or websites that you choose to access.

If you leave our Services to access third-party materials or websites, you do so entirely at your own risk.

We are not responsible for any damages, losses, or issues resulting from your access to third-party websites or your purchase or use of any products, services, resources, or content from third parties.

Please carefully review third-party policies and terms before engaging in any transaction.

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.


Section 9 - Relationship with Shopify

Yoniq is powered by Shopify, which enables us to provide our Services.

However, all sales and purchases made through our store are directly between you and Yoniq.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Yoniq, including any injury, damage, or loss resulting from the purchase or use of products or services.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchases from Yoniq or your transactions with us.


Section 10 - Privacy Policy

All personal information collected through our Services is subject to our Privacy Policy [LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using our Services, you acknowledge that you have read and understood our Privacy Policy.

Because our Services are hosted by Shopify, Shopify processes personal information related to your access and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transferred to Shopify and other third parties located in countries outside your country of residence in order to provide the Services.

Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.


Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, comments, proposals, plans, or other materials (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

For example, we may use this license to operate, provide, evaluate, enhance, improve, and promote the Services, while fulfilling our obligations and exercising our rights under these Terms.

You represent and warrant that:

(1) You own or have all necessary rights to the Feedback;

(2) You have disclosed any compensation or rewards related to submitting such Feedback; and

(3) Your Feedback complies with these Terms.

We are not obligated to:

(1) Keep your Feedback confidential;

(2) Provide compensation for your Feedback; or

(3) Respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, inappropriate, or otherwise violates intellectual property rights or these Terms.

You agree that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain any viruses or malicious code that may affect the operation of the Services or related websites.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the source of any Feedback.

You are solely responsible for any Feedback you provide and its accuracy.

We are not responsible or liable for any Feedback posted by you or any third party.

继续 第 3 部分(Section 12 - Section 25)


Section 12 - Errors, Inaccuracies, and Omissions

Information provided through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice if any information in the Services is inaccurate, including after you have submitted an order.


Section 13 - Prohibited Uses

You may only access and use the Services for lawful purposes.

You may not access or use the Services, directly or indirectly, for any of the following purposes:

(1) Any unlawful or malicious purpose;

(2) Violating any international, federal, provincial, state, or local laws, regulations, or ordinances;

(3) Infringing upon or violating our intellectual property rights or the intellectual property rights of others;

(4) Harassing, abusing, insulting, harming, defaming, threatening, or intimidating our employees or any other person;

(5) Submitting false or misleading information;

(6) Uploading, downloading, using, or reusing any materials that do not comply with these Terms;

(7) Sending or causing the sending of any advertising or promotional materials, including spam, chain letters, unsolicited messages, or similar communications;

(8) Impersonating or attempting to impersonate another person or entity; or

(9) Engaging in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that may harm Yoniq, Shopify, our users, or expose them to liability.

In addition, you agree not to:

(1) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(2) Copy, reproduce, extract, sell, resell, or exploit any portion of the Services;

(3) Collect or track the personal information of others;

(4) Send spam, phishing messages, fraudulent emails, or misuse the Services through deceptive practices;

(5) Use any robots, crawlers, scraping tools, data collection tools, automated devices, AI tools (such as agent-based AI), or automated/manual processes to access the Services;

(6) Interfere with, bypass, or circumvent any security measures, authorization features, robot exclusion protocols, or other measures used to restrict access to the Services.

If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account or access to the Services at any time without notice.


Section 14 - Agents

14.1

If you use, allow, enable, or facilitate the deployment of an agent to access, use, or interact with any Services, this section (“Agent Terms”) applies.

An “Agent” refers to any software or service that can take autonomous or semi-autonomous actions on behalf of, or under the direction of, any individual or entity, and can perform actions or use devices without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless it clearly identifies itself at all times and strictly complies with the requirements of Section 14.4 below.

Additionally, if we require an Agent not to access, use, or interact with any Services, such Agent must not do so.

14.3

We may restrict access to the Services by any Agent through technical measures or other methods.

14.4

Agents must:

(1) Identify that requests originate from an Agent in all HTTP/HTTPS requests and include the following information in the user-agent string:

“Agent/[Agent Name]”

(2) Not conceal or misrepresent the fact that access, use, or interaction originates from an Agent, including by:

(a) Imitating human behavior or interaction patterns; or

(b) Completing or bypassing CAPTCHAs or other measures designed to distinguish computers from humans;

(3) Truthfully answer any questions or prompts designed to determine whether an interaction comes from a human or a computer;

(4) Not bypass or evade any measures designed to prevent, limit, modify, or control Agent access to or interaction with the Services.


Section 15 - Termination

We may terminate these Terms or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice.

You remain responsible for all amounts owed up to and including the termination date.

Upon termination, the following sections will survive:

  • Intellectual Property
  • Feedback
  • Termination
  • Disclaimers
  • Limitations of Liability
  • Indemnification
  • Severability
  • Waiver
  • Entire Agreement
  • Assignment
  • Governing Law
  • Privacy Policy
  • Any other provisions that by their nature should survive termination

Section 16 - Disclaimer

Information provided through the Services is for general informational purposes only.

We do not guarantee the accuracy, completeness, or usefulness of such information.

Any reliance you place on such information is entirely at your own risk.

We are not responsible for any liability or obligation arising from your reliance on such materials, whether by you, other visitors to the Services, or anyone who may become aware of their content.

Unless expressly stated otherwise by Yoniq, the Services and all products provided through the Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties, representations, or conditions of any kind, whether express or implied, including implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow limitations or exclusions of implied warranties, so some of the above disclaimers may not apply to you.


Section 17 - Limitation of Liability

To the fullest extent permitted by law, Yoniq, our affiliates, partners, directors, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, but is not limited to:

  • Lost profits;
  • Lost revenue;
  • Lost savings;
  • Loss of data;
  • Replacement costs;
  • Similar damages;

Whether based on contract, tort (including negligence), strict liability, or any other legal theory, arising from:

  • Your use of the Services;
  • Any products obtained through the Services;
  • Any other claim related to your use of the Services or products;
  • Errors or omissions in any content;
  • Any loss or damage resulting from the use of content or products provided, transmitted, or otherwise made available through the Services;

Even if we have been advised of the possibility of such damages.


Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Yoniq, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses (including reasonable attorneys’ fees) arising from:

(1) Your breach of these Terms of Service or any documents incorporated by reference;

(2) Your violation of any law or third-party rights;

(3) Your access to or use of the Services.

We will notify you of any indemnifiable claim. Failure to provide timely notice does not relieve you of your indemnification obligations unless you are materially harmed as a result.

We may control the defense and settlement of such claims at your expense, including selecting legal counsel.

We will not settle any claim requiring you to undertake non-monetary obligations without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of any indemnifiable claim, including providing relevant documents.


Section 19 - Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall still be enforced to the maximum extent permitted by applicable law.

The unenforceable portion shall be considered severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.


Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or related to the Services, constitute the entire agreement and understanding between you and us.

These Terms govern your use of the Services and replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including previous versions of these Terms.

Any ambiguity in interpreting these Terms shall not be interpreted against the party responsible for drafting them.

Section 21 - Assignment

You may not assign, transfer, delegate, or otherwise dispose of this agreement or any of your rights or obligations under these Terms without our prior written consent.

Any attempted assignment, transfer, or delegation without our approval will be considered invalid.

We may assign, transfer, or delegate these Terms and any of our rights and obligations without your consent or notice.


Section 22 - Governing Law

These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and interpreted in accordance with the laws of the federal and state or regional courts in the jurisdiction where Yoniq is headquartered.

You and Yoniq agree to submit to the jurisdiction of such courts and consent to their personal jurisdiction over you.


Section 23 - Headings

The headings used in these Terms are provided for convenience only and shall not limit or otherwise affect the meaning or interpretation of these Terms.


Section 24 - Changes to Terms of Service

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to periodically review our website for changes.

We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms are posted constitutes acceptance of those changes.


Section 25 - Contact Information

If you have any questions regarding these Terms of Service, please contact us at:

support@yoniq.games

Our contact information:

[Insert Legal Business Name]

support@yoniq.games

[Insert Business Address]

[Insert Business Phone Number]

[Insert Business License Number]

[Insert VAT Number]