以下为使用otaolife网站平台的用户协议，内容以英语版本为准。您可以通过翻译软件获取其他语言的内容。
18.07.2023
This document and the other documents that we reference below make up our rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding agreement between Otaolife Ecommerce GmbH (hereinafter referred to as “Otaolife”) any persons or organizations (hereinafter referred to as “you”) using services provided by Otaolife. Sellers additionally refer to the “Independent Sellers Policy”.
This agreement sets out your rights and responsibilities when you use Otaolife.com, and the other services provided by Otaolife (hereinafter collectively referred to as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.
These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Otaolife.
We know your personal information is important to you, so it’s important to us.
Both Otaolife and sellers on Otaolife.com process members’ personal information (for example buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers under Swiss law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Otaolife, will be responsible for that unauthorised disclosure.
By using our Services, you agree that Otaolife and sellers can process your information in the means needed to fulfill orders, for example handing on addresses to logistics companies etc.
You need to create an account with Otaolife to use some of our Services. Here are a few rules about accounts with Otaolife:
A. You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people (which Otaolife does not suggest doing), then the person whose information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
B. You must be 18 years old or older to use our Services. You are responsible for any activity conducted on your account by a minor. There may be commercial products or services available that you may want to consider limiting a minor's access to online.
C. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through an Otaolife account.
D. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
E. Create a strong password and protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Content that you post using our Services is hereinafter referred to as “your content”. We do not make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for your content. You understand that you are solely responsible for your content. You represent that you have all necessary rights to all parts of your content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to use your content. By posting your content through our Services, you grant Otaolife a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Otaolife function and grow. That way, we won’t infringe any rights you have in your content and we can help promote it. For example, you acknowledge and agree Otaolife may offer you or Otaolife buyers promotions on the Site, from time to time, that may relate to your listings. More specifically this means the following below:
C. By posting, you grant Otaolife rights to a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your content. This allows us to provide the Services and to promote Otaolife, your Otaolife shop, or the Services in general, in any formats and through any channels, including across any Otaolife Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your content contains any personal information.
D. Reporting unauthorised Content. Otaolife does not tolerate unauthorized content including those that infringe on intellectual property rights. Otaolife is committed to following appropriate legal procedures to remove content from the Services. If you find content to be unauthorized or you own or have rights to content that has been posted to the Services without your permission and you want it removed, please contact us. If Your content is alleged to infringe another person’s intellectual property, we reserve the right to take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Otaolife’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. Furthermore, you agree to refrain from posting content that is related to, implies or makes political statements.
The use of our services is subject to the Terms and the following restrictions in particular:
A. Don’t use our services to break the law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. Sellers may not sell anything that violates any laws and Otaolife takes no responsibility for the resale of products purchased on Otaolife; you must comply with sanctions and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Otaolife, another Otaolife user, or a third party.
B. Pay your bills. You are responsible for paying all fees that you owe to Otaolife. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C. Don’t steal our stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Otaolife Intellectual Property and Seller Content) without our express permission. If you want to use our API, please contact us.
D. Don’t try to harm our systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
E. The name "Otaolife" and the other Otaolife marks, phrases, logos, and designs that we use in connection with our Services (the Otaolife Trademarks), are trademarks in different countries. If you’d like to use our trademarks, contact us.
F. Share your ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Otaolife (not including Your content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to us online. From time to time, Otaolife may provide you with certain legal information in writing. By using our Services, you’re agreeing to electronic communication. This means that we can send your information electronically (such as by email) instead of mailing paper copies (it’s better for the environment), and, where applicable by Swiss law, your electronic agreement is the same as your signature on paper.
Items You Purchase. You understand that Otaolife does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in independent stores are produced, listed, sold and packaged directly by independent sellers. The items in our “cooperative stores” are produced, listed and packaged directly by our cooperation partners. Therefore, Otaolife cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Otaolife from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (for example product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Otaolife is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Weibo, Wechat, Facebook, Instagram and Xiaohongshu). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Otaolife is not a party to those agreements; they are solely between you and the third party.
We hope this never happens, but if Otaolife gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Otaolife (including any of our employees) and hold us harmless from any legal claim or demand (including lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you find yourself in a dispute with another user of Otaolife’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may contact Otaolife. Otaolife may attempt to help resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. Otaolife has no obligation to resolve any disputes.
Release of Otaolife. You release Otaolife from any claims, demands, and damages arising out of disputes with other users or parties.
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of Switzerland, Kanton Zurich. These laws will apply no matter where in the world you live.
B. Arbitration. You and Otaolife agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Swiss Arbitration Rules then in effect, unless otherwise required by law. Any arbitration or mediation under the Terms will take place on an individual basis.
C. Modifications. If we make any changes to this “Disputes with Otaolife” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Otaolife prior to the date the changes became effective. Otaolife will notify sellers of substantive changes to the “Disputes with Otaolife” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Otaolife a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Otaolife in accordance with the provisions of this “Disputes with Otaolife” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
We may update these Terms from time to time. If we believe that the changes are material, we reserve the right to inform you by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Otaolife regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
