terms of use

   1. Introduction and Acceptance

 

ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT TERENCE KOH LLC ( “TK”, “WE”, “US”, OR “OURS”) MAY MAKE AVAILABLE THROUGH THE SITE, AND ANY SERVICES THAT WE MAY PROVIDE THROUGH THE SITE.

 

2. Content of the Site

 

The Site contains copyrighted material, trademarks and other proprietary information, including text, software, photos, video, graphics, music and sound, and the copyright in the overall Site, as a collective work, is owned by us.  We also own the copyrights in the selection, coordination, arrangement and enhancement of such content, and in all Site content that we create. 

 

Use of any of the Site content for any purpose not expressly permitted in these Terms is prohibited. Except as expressly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content, design elements, or code/software obtained from the Site.  However, you may print or download such material from the Site if this is solely for personal or non-commercial use, provided you do not republish the material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices.  You acknowledge that you will not acquire any ownership or proprietary rights by downloading copyrighted or protected material.

You may not frame the Site without our express written permission, and, in particular, you may not display the content on the Site in any format where third-party advertising or other materials not authorized by us are viewable in conjunction with our proprietary content. 

 

The Site may contain links to other websites, resources and advertisers.  We are not responsible for the availability of these external sites, nor do we endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site.  Any concerns regarding such content, goods or services must be directed to the administrator or webmaster of the external site in question.  We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deems inappropriate or inconsistent with the Site.

 

3. User Content

 

You may not upload,  transmit or post any message or material that is threatening, abusive, defamatory, or otherwise objectionable, or that encourages conduct that would be a criminal offense, or physically dangerous, or an infringement or violation of any publicity or privacy rights or other rights of any person or third party. No conduct may be undertaken that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.  You are not allowed to use the Site to post or transmit advertisements or commercial solicitations of any kind, except as may be expressly permitted by us. 

 

You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the applicable rights-holder. You are responsible for determining if any material to be posted is protected by copyright, trademark or other proprietary right and such permission is therefore required. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm, that results from any uploading, posting or submission by you.

 

We will have the right, but not the obligation, to monitor the content of the Site in order to determine compliance with these Terms (and to retain the services of independent contractors to do so).  We will also have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site, because it is deemed to violate these Terms, or is stale, or for any other reason in our sole discretion. Notwithstanding our rights in this regard, users will remain solely responsible for the content of their messages. You acknowledge and agree that neither we nor any of our affiliates will assume or have any liability for any action or inaction by us with respect to any conduct within the Site or any communication or posting on the Site.

 

You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or item posted in or uploaded to any areas of the Site by you and/or any e-mail (in whole or in part) sent by you to us, and/or to incorporate the same, in whole or in part, in other works in any form, media or technology now known or later developed.

 

We have implemented a Privacy Policy to protect the information you provide to us and to regulate how it will be used.  You should be aware, however, that any personal information that you might disclose in the bulletin boards and chat areas can be collected and used by others, and could result in unsolicited messages from other posters or parties.  This is not something we can stop or control, and we will not be deemed to have any liability in this regard.

 

4. DMCA Notice and Procedure

 

It is our policy to respond to clear notices of alleged copyright infringement in accordance with the federal Digital Millennium Copyright Act (DMCA). As part of our response, we may remove or disable access to material residing on the Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted such material so that they may make a counter-notification, also in accordance with the DMCA. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices. If you believe that your work was copied or posted on our Site in a way that constitutes copyright infringement, please notify our designated DMCA agent at the email address below:

 

Terence Koh, LLC

Att: DMCA Agent

Email: dmca@terencekoh.com

 

To be effective, your notification must include (i) information reasonably sufficient to permit us to contact you (e-mail address is preferred) and your electronic signature; (ii) identification of the copyrighted work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); (iii) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);  (iv) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

 5. Registration

 

You may be required to select a member name and a password in order to use and/or register as member of the Site.  You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we deem to be offensive, in our sole discretion.  You are responsible for maintaining the confidentiality of your password and your registration information. You agree to immediately notify us of any unauthorized use of your password or your other registration information, and you  will indemnify and hold TK, its affiliates, subsidiaries, operational providers and partners harmless against any improper or illegal use of your password.

 

All information provided by you to us in connection with your registration must be accurate, complete and up to date at the time it is submitted.  You may update your registration information from time to time in conformance with our standard procedures and policies for such updating.  If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we will have the right to cancel your registration and delete all or part of your registration information, to the extent allowed by law and in accordance with our security measures.

 

Any information that is obtained from you through your registration or your use of the Site will be subject to and handled in accordance with our Privacy Policy then in effect.

 

 

7. Disclaimer of Warranty; Limitation of Liability

 

You expressly agree that use of the Site  is at your own sole risk. Neither we, our affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or products provided through the Site. The Site is provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.

 

The disclaimers of liability contained in this Section 8 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

 

In no event will we or any person or entity involved in creating, producing or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site, or out of the breach of any warranty. You hereby acknowledge that the provisions of this Section 8 will apply to all content on the Site.

 

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any offensive, defamatory or obscene posting made by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through either the content on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.  You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including (without limitation) financial, health, or lifestyle information.

 

8. Advice & Opinions

 

The Site may from time to time contains facts, views, opinions and statements of third parties, users and other organizations. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that we will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site.

 

9. Indemnification

 

You agree to defend, indemnify and hold harmless TK and its affiliates, and their respective directors, officers, employees, representatives, agents and successors, from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Site.  The provisions of this Section 10 will survive any termination of this Agreement.

 

10. Trademarks

 

All trademarks appearing on the Site are the property of their respective owners, including, in some instances, of TK.

 

11.  Products and Other Services.

 

With respect to products and services offered for sale through the Site, you will be informed, on the screen(s) where you make the purchase, of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies.

 

12. Termination

 

We will have the right to immediately terminate this Agreement and to block your access to the Site if we determine, in our sole discretion, that you have violated these Terms or are otherwise not an appropriate user of the Site.

 

13. Miscellaneous.

 

These Terms, and the Privacy Policy in effect, constitute the entire agreement between you and TK with respect to the subject matter hereof, superseding all previous written or oral agreements.  These Terms will be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.  Any disputes arising hereunder will be adjudicated in the State and County of New York, USA, and by your use of the Site you submit to the personal jurisdiction of the federal and state courts located therein. No waiver by either party of any instance of breach or default hereunder will be deemed to be a waiver of any other instance. The section headings used herein are for convenience only and will not be given any legal import. If any provision in these Terms is held invalid or unenforceable, that provision will be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement will remain in full force and effect. The provisions of this Agreement as it relates to the content of the Site are for the benefit of TK its affiliates, and its third-party content providers and licensors, and each will have the right to assert and enforce such provisions directly on its own behalf.  Such right will survive any termination of this agreement.  Your right to use the Site is personal to you and cannot be transferred to any other person or entity. We will have the right to update these Terms from time to time without notice.  The updated Terms will be posted on the Site and the updated terms will take effect upon such posting.