Others - Terms of Use

Others

Terms of Use

1. The Terms and Conditions

"We" or "us" means any of the subsidiaries, affiliates, and associated companies of Lee Kum Kee (U.S.A.) Inc. (hereinafter collectively referred to as the "Company"). Please read these Terms of Use carefully as they apply to your use of this Internet site (“Site”). By accessing, using, subscribing or downloading any materials or content from this Site, you agree to be bound by these Terms of Use and any other terms and conditions embodied in any other agreements you enter into with us.  We reserve the right to revise these Terms of Use from time to time by updating this posting. The revised terms will take effect when they are posted. You agree to periodically review the Terms of Use from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our Site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions. If you do not agree with the Terms of Use, you may not use the Site.

2. Registration

a) You may be required to register with us in order to access certain parts of the Site (Sub-Portal). Where you are required to register:

i. you must provide us with accurate, complete and updated registration information;

ii. you must safeguard any user name and password which we provide to you;

iii. you authorize us to assume that any person using the Site with your user name and password is either you or is authorized to act on your behalf;

iv. you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password); and

v. you agree to accept responsibility for all activities that occur under your account.

b. You acknowledge that your use of some Sub-portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:

i. will apply to your use of such Sub-portal in addition to these Terms of Use; and
ii. will prevail over these Terms of Use to the extent of any inconsistency. 

3. Services

a) Subject to and conditional upon your compliance with the Terms of Use and other agreements between you and the Company, the Company hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Site (the “Software”). The Company reserves all other rights in the Software not expressly granted to you in the Terms of Use. You may not use the Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks connected thereto).

b) You acknowledge that we may, in our sole discretion and with or without notice:

i. alter the Site or any part of the Site (including any Sub-portal for which you are required to register); and

ii. modify or discontinue this Site, any part of the Site and the services available on it.

4. Site Content

a)  You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights of the Company (“Intellectual Property Rights”). Unless you are expressly authorized by law, you must not yourself, or participate in or permit any other person, to:

i. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;

ii. use any Content on any other web site or in a networked computer environment for any purpose;

iii. reverse engineer any Content consisting of downloadable software; or

iv. otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.

b) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless expressly stated. All rights not granted to you in these terms are reserved. 

5. You Undertake Not to Use the Site to:

a) upload, post, email, offer or otherwise transmit any Contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;

b) impersonate any person or entity by way of transmitting any forged or manipulated Contents through the use of any Services;

c) upload, post, email, offer or otherwise transmit any Contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;

d) upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;

e) upload, post, email or otherwise transmit any Contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of the Websites and/or computer software or hardware or telecommunications equipment constituting them;

f) interfere with or disrupt the Services or servers or networks through which the Services is provided, or disobey any requirements, procedures, policies or regulations of such networks; or

g) collect or store personally identifiable information about other Users.

You acknowledge that this Site does not have any obligation to pre-screen Contents, but this Site has the right (but not the obligation) in its sole discretion to refuse or remove any Contents that is available via the Services. Without limiting the said right, this Site has the right to remove any Contents that, in its opinion, violate the Terms of Use or are otherwise, in its opinion, objectionable.

6. Links and Advertisements

a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).

b) Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

7. The Use of the Site is at Your Own Risk

a) You use the Site at your own risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.

b) We endeavor to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.

c) Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you Post to, maintain on or use with the Site.

d) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

e) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any applicable laws.

f) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

8. Limitation of Liability

a) To the extent permitted by law no party, in no event shall the aggregate liability of the Company, or any of its officers, directors, shareholders, employees, agents, licensors, and suppliers, exceed $500.00. In no event shall the Company or the third party providers, including the Company and its officers, directors, employees and agents, , involved in creating, producing, or delivering the site or any content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. The limitation of liability set forth in this section shall not apply in the event of customer's breach, or related to its indemnity obligations. This paragraph shall not affect the indemnification rights listed below in the section titled “General Provisions.”

b) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

9. Cancellation

a) Where you are required to register with us, you may cancel such registration at any time by notifying us. We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any applicable laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.

b) The provisions of these Terms of Use entitled "The Use of the Site is at Your Own Risk", "Limitation of Liability", and "General Provisions" will survive cancellation of your registration or termination of this agreement. 

10. Notices

a) We will give you any necessary notices by posting them on the Site. You agree:

i. to check the Site for notices; and

ii. that you will be considered to have received a notice when it is made available to you by posting on the Site.

11. Copyright Infringement Notices

All users of the Site represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material on our Site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:

a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 

b) detailed identification of the copyrighted work claimed to have been infringed;

c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d) your contact information, including your address, telephone number, and an email address;

e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Copyright Infringement Notifications should be addressed as follows: Contact@LKKUSA.com

12. Notice for Users in California.

This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

13. Privacy

Any information (including personally identifiable information) you submit to our Site is governed by the Privacy Policy Statement and Personal Information Collection Statement (“Privacy Policy”). The Privacy Policy encompasses any and all information you may provide to our Site either for purposes of creating an account, submitting an inquiry or to receive further information, updates and promotions about or related to the Site.

14. General Provisions

a) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement, and any claim, dispute or issues arising from it, will be governed by the laws of the state of California, without regard to California’s conflict of laws rules. You irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County in the State of California.

b) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation all losses, expenses, damages, and costs, including, but not limited to legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement by your or any other person accessing the Site on your behalf.

Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).