Terms of Use

Our website www.deshirts.com/masks and mobile app (collectively, the “Site”) is operated and made available to you by Guangdong Esquel Textiles Co., Ltd., a company registered in the People’s Republic of China whose registered office is situated at Cangjiang Exports Processing Zone, Gaoming District, Foshan City, Guangdong Province, the People’s Republic of China, and all subsidiaries, associated companies and affiliated companies (collectively, “Esquel”, “we”, “our” or “us”), in accordance with the following provisions and all other policies, rules and procedures posted on or referred to by the Site (collectively, the “Terms of Use”), under which you may use and access the Site. By accessing the Site, you shall be deemed to have read through and agreed to comply with and to be bound by the Terms of Use.

You should read our Privacy Policy which sets out how we may collect and use your personal data that you provide to us through the Site. If you are under 18 years old, you must let your parents or guardians know about our Privacy Policy and inform them about the Terms of Use, and obtain their approval before you use the Site or any of the Site’s services.

The Terms of Use shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between you and us other than the contractual relationship expressly provided for and to be entered into pursuant to and under the Terms of Use. You are not entitled to hold yourself out as our representative.

We reserve our right to modify the Terms of Use at any time without any notice to you. Please read the Terms of Use every time before you use the Site in case of any changes. If you do not agree to any change to the Terms of Use, you must immediately stop using the Site.

Last updated on April 29, 2020.

SITE CONTENT

“Content” includes, without limitation, any and all graphics, designs, icons, logos, photographs, images, illustrations, sounds, music, video clips, audio clips or text on the Site. The information and materials contained in the Site are provided on an “as is” basis and without warranties or representations of any kind, whether express or implied. While we try to ensure that the information on the Site is accurate and complete, we do not represent, warrant or guarantee that our Content is accurate or error-free. We accept no liability for any loss or damage howsoever arising from or in reliance on the Content, and specifically disclaim all responsibility in respect of any use or reliance on any of our information, or for the omission of any of our information whether financial or otherwise, contained in or accessible through this Site.

We also do not represent, warrant or guarantee that the Site (including the Content, all software and functions) or the server that makes it available is free of viruses, other harmful components or any other anomalies. We recommend that you should ensure that your devices and software such as anti-virus are updated, correctly installed and configured for your best protection in using the Site. Any materials, including Content, downloaded or otherwise obtained from or accessed through the Site is at your sole risk and discretion and we shall not be responsible for any damage to your computer system or other devices or any loss of data or other intangible losses, or damage to property, resulting from the same.

We are continuously changing and improving the Site. While we endeavor to ensure availability of the Site, we do not guarantee that the operation of or access to the Site will be uninterrupted. We may, without notice to you, add, alter, remove any Content, or suspend or terminate the Site or any part thereof.

INTELLECTUAL PROPERTY RIGHTS

Our name “Esquel” and any other related marks, logos and service names as shown in Content are our trademarks and must not in any way be used in connection with any product or service that is not related to us without our prior written permission. All intellectual property rights (the “Intellectual Property Rights”) subsisting in the Site, including any copyright, designs, patents, trademarks, logos and domain names, belong to us or have been lawfully licensed to us. You have no rights in any Intellectual Property Rights relating to the Content and you must not copy, transmit or distribute any Content in any way, or create any derivative works with respect to any Content.

THIRD PARTY LINKS

The Site may contain hyperlinks to websites unrelated to us or our affiliates for your reference and convenience. We do not endorse the operator or the content of such third party websites, and are not responsible their content. We disclaim any and all responsibility and liability for the content or accuracy of any information provided on such linked websites or the protection of your personal data proffered by those websites, or for any loss or damage caused or alleged to be caused by or in connection with your use of those websites or any goods or services provided by or purchased from such websites.

USE OF SITE

We have the right to disable your account or any part of our services at any time without notice if we reasonably believe that your use of the Site is in breach of the Terms of Use. You are solely responsible for your use of the Site and any consequences thereof. If your access to the Site is suspended or terminated, you shall have no claims whatsoever arising therefrom.

LIMITATION OF LIABILITY

In addition to our disclaimer hereunder contained of all express or implied warranties and representations, to the full extent permissible by applicable law, we and our affiliates, subsidiaries, directors, officers, employees, agents, representatives, partners and licensors (the “Entities”) shall not be responsible for any loss or damage of any kind, arising from the use of or any other matter relating to the Site, whether caused by our breach or negligence or not. You further agree that the Entities shall not be liable under all circumstances for any direct, indirect, incidental, special, compensatory, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses, damage to property and claims of third party which may be side effects of such main loss or damage and which were not, or ought not reasonably to have been, foreseeable by you and us. We shall also not be responsible for failing to meet any of our obligations under the Terms of Use where such failure is due to events being unforeseeable or beyond our reasonable control. Where we consider necessary, we will report any breach of these Terms to law enforcement authorities and will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

NO WAIVER

A failure or delay by us to exercise any right or to act upon a breach in relation to the Terms of Use shall not constitute a waiver of that right or breach, nor shall it preclude or restrict any further exercise of that right or further action upon a breach.

Any waiver by us of any rights shall only be effective if it is in writing. Such waiver is limited to that particular right or breach stated therein, and it shall not prevent us from subsequently relying on the right or remedy in other circumstances.

SEVERABILITY

If any provision of the Terms of Use, or part of any provision, is found to be invalid, illegal or unenforceable by any court or other authority of competent jurisdiction, that provision or part-provision shall be deemed not to form part of the Terms of Use to the extent required. The validity and enforceability of the other provisions of the agreement shall not be affected.

If any provision of the Terms of Use, or part of any provision, is found invalid, illegal or unenforceable, the provision shall apply with the minimum modification necessary to make it valid, legal and enforceable.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless any and all of the Entities from and against any claims, losses, liabilities, damages and expenses (including legal and other professional fees) arising from, in connection with or relating to your use of the Site or your breach of the Terms of Use.

GOVERNING LAW AND JURISDICTION, LANGUAGE

The Terms of Use including all our policies, rules and procedures shall be governed by and construed in accordance with the laws of the People’s Republic of China (“China”). You irrevocably submit to the exclusive jurisdiction of the relevant courts of China.

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

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