Terms and Conditions

Skybourne International LIMITED (“GAY GIANO”, “we” or “us”)’s website and related services are made available to you in accordance with the following terms and conditions of use.

1. TERMS AND CONDITIONS OF USE

The Terms and Conditions of Use apply to all online visitors to www.gaygiano.com (“Our Website” or the “Website”).If you have any questions regarding the Terms and Conditions of Use, please contact us.

 

You must accept the Terms, in full, before using Our Website. You accept the Terms by using Our Website.

By using our website, you agree to the terms, in full. if you do not agree to the terms, do not use any of our website. except as otherwise provided, the terms are subject to change at any time without notice and your continued use of our website after any change(s) have been implemented constitutes acceptance by you of such change(s).

2. PRIVACY POLICY

The Privacy Policy applies to the use of Our Website, and its terms are made a part of the Terms by this reference. To view the Privacy Policy, click here.

3. OWNERSHIP OF WEBSITE, CONTENT AND TRADEMARKS

Our Website is owned and controlled by GAY GIANO, and unless otherwise agreed in writing, all materials on Our Website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by GAY GIANO or its licensors.

The Website and Content are intended solely for your personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Website for your personal non-commercial use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted in the Terms), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Website for any public or commercial purpose.

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of GAY GIANO and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on Our Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website (except as noted in the Terms).

4. YOUR USE OF OUR WEBSITE

You may use Our Website only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from Hong Kong.

Subject to the above, you may use Our Website for the purposes of viewing our  products, viewing or downloading information about our brand, or viewing or participating in online forums, uploading and downloading user-generated content, and sharing such content with other registered users, and may use any other features and services purposely provided by us on the Website.

You agree not to gain or attempt to gain unauthorized access to any portion or feature of Our Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, “password_ mining” or any other illegitimate method of accessing data.

You agree not to probe, scan or test the vulnerability of Our Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to the Website, or any other customer of GAY GIANO, including any shopping account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personal data (as defined under applicable law) or other information that could reasonably be used to connect non-personal data to personal data.

You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.

You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Website or any transaction occurring on the Website, or with any other person’s use of the Website.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.

5. USER COMMUNICATIONS AND USER CONTENT

Apart from Personal Data collected on or from Our Website, which is subject to GAY GIANO’s Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to any Website (a “User Communication”) is and will be considered non-confidential and non-proprietary.

You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that GAY GIANO shall be under no obligation (1) to maintain any User Communication in confidence; (2) to pay compensation for any User Communication; or (3) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable

You represent and warrant that any Content you submit in User Communication is original to you, that you own all applicable legal rights in the Content, and that the Content does not and will not infringe upon the rights of any other person or entity. You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states or countries of residence, subject to the next paragraph; and you grant to GAY GIANO the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states or countries of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.

As set forth in more detail in the User-Generated Content Rules in Section 6 below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any applicable law.

6. USER-GENERATED CONTENT RULES

If you post information on Our Website, you are responsible for each User Communication that you post on the Website or transmit to other users and agree that you will not hold GAY GIANO responsible or liable for any User Communication from another user that you access on the Website, subject always to paragraph 4 of Section 12. Moreover, GAY GIANO reserves the right to delete any User Communication from Our Website.

Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe:

1.     Is defamatory, abusive, obscene, profane or offensive; or

2.     Infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website), including any party’s right of publicity or right of privacy; or

3.     Violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or

4.     Is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or

5.     Promotes or encourages violence against a person or damage or destruction of property; or

6.     Is inaccurate, false or misleading in any way; or

7.     Is illegal or promotes any illegal activities; or

8.     Promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or

9.     Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

10. Contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You understand that when using Our Website, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website. We reserve the right to take measures to prevent any such activity. You may not resell use of, or access to, the Website to any third party.

If you become aware of any violation of this Section 6 or other unacceptable behavior by any user, you should report such activity to GAY GIANO by report@skybournegroup.com

7. COPYRIGHT AND TRADEMARK LAW

We are committed to complying with intellectual property and related laws, and we require all users of Our Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, or is likely to give rise to any passing-off action, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property right owner or such owner’s legal agent.

8. ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through Our Website may require you to open an account (including setting up an Account ID and password) and to share Personal Data. Apart from the representations made in our Privacy Policy(see Section 2 above) regarding our protection of your information, you are responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.

You agree to notify GAY GIANO immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by GAY GIANO or any other user of or visitor to Our Website due to someone else using your Account ID, password or account.

You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. GAY GIANO shall not be liable for any loss or damage arising from your failure to comply with these obligations.

9. PRODUCTS AND SALES

Product Descriptions

In describing and portraying our products on Our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content of the Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. You may contact our Consumer Relations team at report@skybournegroup.com for details.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at Our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.

10. LINKS TO OUR WEBSITE; THIRD PARTY LINKS ON OUR WEBSITE

From time to time, the Website may contain links to other websites that are not owned, operated or controlled by GAY GIANO. All such links are provided solely as a convenience to you. If you use these links, you will leave Our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by GAY GIANO.

11. CHANGE IN WEBSITE AND CONTENTS

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue Our Website or any service, content, feature or product offered through Our Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to Our Website.

12. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY

1Your use of this website is at your risk. the information, materials and services provided on this website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property. the foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

 

2GAY GIANO does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing Our Website, or your downloading of any information or materials from Our Website.

 

3In no event will Gay Giano or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. the foregoing limitations of liability do not apply to the extent prohibited by law.

 

4Nothing in the Terms should operate to exclude or restrict your or GAY GIANO’s liability for: (i) death or personal injury resulting from that party’s negligence; (ii) breach of warranties or obligations which cannot be excluded, including without limitation warranties under sections 14 to 17 of the Sale of Goods Ordinance (Cap. 26) and sections 5 to 7 of the Supply of Services (Implied Terms) Ordinance (Cap. 457); (iii) the party's fraud or fraudulent misrepresentation or willful default.

 

5If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed five thousand HK dollars (HK$5000).

 

6You agree to defend, indemnify and hold harmless GAY GIANO, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of the Terms, (ii) your User Communications, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by GAY GIANO) or(iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

13. GOVERNING LAW; SEVERABILITY; WAIVER; DISPUTE RESOLUTION

It is your responsibility to ascertain and obey all applicable local and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of Our Website. The Terms shall be governed by and construed in accordance with the laws of Hong Kong, and any dispute arising out of, or relating to, with the Terms or the use of Our Website shall be subject to the exclusive jurisdiction of the Hong Kong courts.

If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.

If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.

Any claim arising out of, or relating to, the Terms must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GAY GIANO and you arising out of or in connection with the Terms or your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of Hong Kong.

14. ADDITIONAL ASSISTANCE

If you have any questions or concerns about the Terms, please send an email to report@skybournegroup.com

Please be assured that any Personal Data that you provide in communications regarding your questions or concerns about the Terms to the above email, telephone number and postal address will not be used to send you promotional materials

In case of discrepancies between the English and Chinese versions of the Terms and Conditions, the English version shall prevail.