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Introduction

Welcome to American Golden Biotech (“AGB”), a brand owned by American Golden Biotech Inc.. By using AGB, intended as a website or software applications (collectively, the “AGB”, the “Service”, the “System”), the user of our services expressly agrees to have read, understood and accepted these Terms and Conditions and our Privacy Policy.

If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.

In order to use the service, you must:

  • You must be over 18 years of age. In the event that you are 13 years of age or older, you must have a parent or guardian consent to accept the rules contained herein.
  • You may accept and sign (by implication) our legal documentation.
  • You must be a resident of the country from which you are signing the contract.

The user also guarantees that all data provided to AGB at the time of signing the contract is true, accurate and complete and undertakes to keep it true.

Amendments to the agreements

From time to time, we may, at our discretion, make changes to the Service and/or our legal documentation. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of AGB after such changes, implies an express acknowledgement and acceptance of the changes.

Licenses & Copyrights

The AGB and the content provided through it are property of American Golden Biotech Inc. or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the Service.

AGB retains ownership of all copies of software applications even after installation on users’ devices. You may not assign, transfer or sub-license any of your rights under this License to any third party.

All AGB trademarks, service marks, trade names, logos, domain names and all other features of the AGB trademark are the exclusive property of American Golden Biotech Inc.. This License does not grant any right to use the trademarks, AGB service marks, trade names, logos, domain names, or other features of the AGB trademark, whether for commercial or non-commercial use.

The user agrees not to use the AGB Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.

Third party software collections included in the AGB Service are licensed according to the rules set forth in these Terms.

Finally, any logos, material, script, source-code, products/services and related contents into the website is exclusive property of AGB. In this sense, any attempt of reproduction, modification, disassembly of the contents is denied, without a written consent of AGB.

Third-party services

AGB, in order to properly provide its services, may (now or in the future) use third party applications, websites and content directly offered by third parties (“Third Party Applications”). The use of these applications is subject to their own terms of use. You acknowledge and agree that AGB is not responsible for the behavior, features, or content of any third party application.
In details, we use the following third-party resources:

– Facebook Pixels,
– Google Analytics,
– Mailchimp,
– Stripe,
– PayPal.

User content

Users of AGB may post (now or in the future), upload and/or contribute (“post”) content to the Service, including photographs, text and other content (“Content”). You have the right to post any Content within the System and warrant that such Content or your use by us, as provided in these Agreements, will not violate these Agreements, applicable law, intellectual property or the rights of others. You hereby grant us an international, non-exclusive, transferable, sub-licensable, royalty-free, royalty-free license to any Content posted on, or in connection with, AGB. The above license will be in effect until you suspend your AGB account except in the case of content posted, made public or shared with others. In addition to the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Content posted on the AGB service, except that, where applicable under the laws of your country, you agree to waive your right to be identified as the author of any Content on the AGB service and your right to object to derogatory treatment.

AGB does not monitor, review or modify the Content posted but reserves the right to remove or disable access to it for any reason, including, but not limited to, Content that, in our sole discretion, violates these Agreements. AGB may take such action without prior notice to you. Removal or disabling of access to the Content in question will be at our sole discretion, and we cannot guarantee the removal or disabling of any Content that violates these Agreements.

AGB is not responsible for the Content posted and does not endorse any opinion contained therein. If you believe that any Content infringes any intellectual property rights, please contact us using the [email protected]mericangoldenbiotech.com.

User guidelines

AGB respects intellectual property rights and expects users to do the same. AGB has established some basic rules that users should follow when using the Service to ensure that AGB remains a product that everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:

  • copy, redistribute, reproduce, “extract”, record, transfer, perform or publicly display, transmit or make available to the public any part of the AGB Service or Content, or alternatively make any use of the AGB Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the AGB Service, Content or any part thereof;
  • use the AGB Service to import or copy local files for which you do not have the necessary legal rights to do so;
  • reverse engineer, decompile, disassemble, modify or create derivative works based on the AGB Service, Content or any part thereof, except as permitted by applicable law;
  • circumvent any technology used by AGB, its licensors or other third parties to protect Content or Service;
  • sell, rent, subcontract or lease any part of the AGB Service or Content;
  • circumvent any territorial restrictions applied by AGB or its licensors;
  • remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the AGB Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
  • crawl within the AGB Service, or use other automated means (including bots, scraper and spiders) to collect information from AGB;
    Please respect AGB, the owners of the Content and other users of AGB. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:
  • offensive, disparaging, defamatory, pornographic, threatening or obscene;
  • illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of AGB or any third party;
  • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;
  • conceived or capable of causing disturbance or harassment to other users;
  • capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
  • which uses automated means to artificially promote content;
  • which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, chain letters or the like, including through the inbox of AGB;
  • that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorized by AGB;
  • that connects, refers to or otherwise promotes commercial products or services, unless expressly authorized by AGB;
  • that interferes with or in any way disrupts the AGB Service, tampers with, violates or attempts to probe, examine or vulnerability test the AGB Service or computer systems or network, rules of use or any other security component, authentication measure or other AGB protection measure applicable to the Service, Content or any part thereof; or
  • that causes conflicts with the Agreements, as determined by AGB.

You understand and agree that the publication of such User Content may result in the immediate termination or suspension of your AGB account. You also agree that AGB may recall your username for any reason.

The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the Service. In the event of theft or loss of your username or password, or if you believe that there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

Payment & Refunds

AGB currently accept PayPal and Stripe as valid methods of payment.

Additionally, any purchase is to be considered final. In this sense, we will not accept any request of refund, under any circumstances possible.

Limitations and Service modifications

AGB will make reasonable efforts to keep the AGB Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, AGB reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the AGB Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the AGB Service or other related functions.

Termination and cancellation

The Agreements will remain in force until terminated by the user or AGB. However, the user understands and agrees that AGB may at any time suspend or completely deny access to the services to any user, without any written notice.

Warranty and disclaimer

AGB TRIES TO PROVIDE THE BEST POSSIBLE SERVICE, BUT THE USER UNDERSTANDS AND AGREES THAT THE AGB SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR EXPRESS OR IMPLIED STATUS OF ANY KIND. YOU USE AGB SERVICE AT YOUR OWN RISK. TO THE MAXIMUM LIMITS LAID DOWN BY APPLICABLE LAW, AGB AND ALL CONTENT OWNERS DO NOT PROVIDE ANY INSURANCE AND DENY ANY WARRANTY OR SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AGB AND THE CONTENT OWNERS DO NOT WARRANT THAT IN ANY WAY THE AGB SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, AGB DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, AFFIRM OR ASSUME THE RESPONSIBILITY OF ANY APPLICATION OF THIRD PARTIES (OR ITS CONTENT), USER CONTENT OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE AGB OR A WEBSITE LINKED THROUGH HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT AGB IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUPPLIERS THIRD PARTIES OF APPLICATIONS OR THIRD-PARTY PRODUCTS OR SERVICES PUBLISHED ON OR THROUGH AGB SERVICE. IN THIS RESPONSE, NO ADVICE OR INFORMATION PROVIDED FOR ORAL OR WRITTEN BY THE USER TO AGB WILL CONSTITUTE ANY FORM OF WARRANTY FOR AGB. IF PROHIBITED BY APPLICABLE LAW, SOME ASPECTS OF THIS SECTION CAN NOT APPLY TO CERTAIN JURISDICTIONS.

Limitations

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY AND SOLELY REMEDY FOR ANY PROBLEMS WITH THE AGB SERVICE CONSISTS IN UNINSTALLING THE AGB SOFTWARE AND STOPPING USING THE AGB SERVICE. EVEN IF AGB DOES NOT ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH THESE THIRD PARTY APPLICATIONS MAY BE ADJUSTED BY SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, TO THE EXTENT PERMITTED BY LAW ONLY AND ONLY REMEDY OFFERED BY AGB FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSIST IN UNINSTALLING AND / OR STOP USING THESE THIRD-PARTY APPLICATIONS.

IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGB AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, BRANCHES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS MAY BE CONSIDERED LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES , PUNITIVE, EXEMPLARY OR CONSEQUENT; (2) ANY LOSS OF USE, DATA, BUSINESS OR USEFUL (DIRECT AND INDIRECT).

Severability and waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.

Any failure by AGB or third party beneficiaries to enforce the Agreements or related clauses shall not void AGB’s or third party beneficiary’s right to do so.

Assignment

AGB may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold AGB harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the AGB Service; and (4) your violation of any law or the rights of any third party.

Jurisdiction

American Golden Biotech Inc. operates in full accordance with the applicable laws of Hong Kong. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of the Hong Kong.

Contacts

If you have any questions about the AGB Service or Agreements, please contact us at [email protected].

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