TERMS AND CONDITIONS OF USE
Kemang LLC (“Kemang”, “us”, “we” or “our”), offers Kemang products via the website hosted at the URL https://www.kemang.com (the “Site”). Kemang owns and operates the Site. These website terms and conditions of Use (“Terms and Conditions of Use”) regulate your use of the Site. These Terms and Conditions of Use form a binding agreement between you, visitor and/or user of this Site (“you”) and us.
If you do not agree with these Terms and Conditions of Use, you should not use the Site.
1 ACCESS TO OUR SITE AND TOOLS
We use the Site to promote and provide information on Kemang’s products and allow you to purchase Kemang’s products online. Specific sections in our Site may contain additional functionalities. For example, you may be required to register a personal account in order to be granted access to reserved areas and contents of our Site, inserted in specific mailing lists and/or receive newsletters relating to Kemang’s products and initiatives. Such sections, including but not limited to the section to allow you to purchase Kemang’s products online, will be regulated by specific terms and conditions. We, thus, invite you to review such specific terms and conditions, when applicable.
1.1.3 License to Use the Site
Subject to your compliance with these Terms and Conditions of Use, we grant you a limited, non-exclusive, non-sub licensable, non-transferable, and revocable right to access the Site and access the Products offered on this Site for your personal, non-commercial use, and as we otherwise intend. We reserve the right to monitor your use of the Site for the purpose of determining that your usage complies with these Terms and Conditions of Use.
1.1.4 Prohibited Conduct
In order to use this Site or the Products offered by this Site, you agree not to engage in any of the following prohibited activities:
- (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Kemang servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Kemang grants the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- (iii) transmitting spam, chain letters, or other unsolicited email;
- (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- (vi) uploading invalid data, viruses, worms, or other software agents through the Site or Services;
- (vii) collecting or harvesting any personally identifiable information, including account names, from the Site;
- (viii) using the Site for any commercial solicitation purposes;
- (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- (x) interfering with the proper working of the Site;
- (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Site; or
- (xii) bypassing the measures, we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
We may, without prior notice, change the Site; stop providing any Products or features of the Site, to you; or create usage limits for the Site.
1.2 Account Registration and Use
1.2.1 Account Registration
If you wish to purchase any Product made available through the Site (each such purchase, a “Transaction”), you may be asked to create an account and supply us with certain information relevant to your Transaction. You must provide us with complete and accurate account information. You must promptly update such information to keep it complete and accurate. By creating an account, you represent and warrant that all required account information you submit is truthful and accurate and that you will maintain the accuracy of such account information.
1.2.2 Security of your Account
You are entirely responsible for maintaining the confidentiality of your passwords and will be solely liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your passwords or account, either with or without your knowledge. You will also be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Kemang or a third party due to someone else using your passwords or account. You agree to notify us immediately of any unauthorized use of your account or any breach of security.
2 USER CONTENT
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. You retain ownership of your User Content.
2.2 License Grant
By sharing, submitting or uploading any User Content, you grant Kemang a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future.
2.3 Your Responsibility for User Content
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal. You agree that you are solely responsible for all User Content that you post on the Site. Accordingly, you represent and warrant that (1) you have all rights, licenses, consents and releases necessary to grant us the required rights to disseminate any User Content and (2) neither your User Content nor your posting of your User Content or our use of your uploaded User Content on the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or any other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
2.4 No Obligation Regarding User Content.
We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.
3 INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT
3.1 Intellectual Property Rights, Kemang Content
All content (other than User Content) on the Site or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site (“Site Design”), and all software and other technology used to provide the Site (“Technology”), are owned by or licensed to Kemang and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design and Technology.
3.2 Third-Party Content
4 WARRANTIES AND DISCLAIMES
4.1 No Warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEMANG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT.
4.2 Use of Site is at Your Own Risk
KEMANG DOES NOT REPRESENT OR WARRANT THAT THE SITE OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES.
4.3 Rights may vary from State to State
Some States do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. Your rights may vary from state to state. To the extent that we may not, as a matter of law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
5 LIMITATION OF LIABILITY
5.1 No Indirect, Consequential Damages.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEMANG, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF DATA OR FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM (1) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT, (2) THE OPERATION OR YOUR USE OF OR INABILITY TO USE THE SITE, (3) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE, EVEN IF KEMANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHEWISE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Kemang and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code or (vii) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on the Site.
7 USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the us and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org" title="Contact us">email@example.com. Opting out may prevent you from receiving messages regarding the Company or special offers.
8 COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
We respect the intellectual property of others and we expect our users of our Site to do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights, in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please complete the following DMCA Notice and deliver it to our designated Copyright Agent:
- 1. your physical or electronic signature;
- 2. identification of the copyrighted work(s) that you claim to have been infringed;
- 3. identification of the material on our services that you claim is infringing and that you request us to remove;
- 4. sufficient information to permit us to locate such material;
- 5. your address, telephone number, and e-mail address;
- 6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for Kemang is:
Attn: DMCA Notice
Address: Kemang LLC, P.O. BOX 34184 - Los Angeles, CA 90034
9 TERM AND TERMINATION
9.1 Term and Termination
These Terms and Conditions will become effective and binding when you use our Site and until terminated by you or us. We reserve the right to terminate these Terms and Conditions of Use, your Account, and your access to the Site and Services at any time without notice and without liability to you. You may also delete your Account at any time, for any reason, by following the instructions on the Site.
9.2 Suspension or Termination
We may deny your access to your Account, Site at any time for any reason (such as breach of these Terms and Conditions of Use) or no reason. If we terminate for no reason, we will fulfill our obligations related to any order outstanding at the time of termination or will refund you the order, if applicable.
10 MISCELLANEOUS MATTERS
10.1 Force Majeure
We shall not be liable for damages for any delay or nonperformance resulting from a) delays in receipt of final specifications, information, or instructions from you, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond our reasonable control.
10.2 Governing Law; Venue
These Terms and Conditions of Use and any disputes arising out of your use of the Site, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law provisions thereof. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for Los Angeles County, California, and the parties specifically consent to the venue of Los Angeles. The United Nations Convention on Contracts for The International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, and any international discovery and service of process conventions will be inapplicable.
Each of these Terms and Conditions of Use is severable from the others, and Kemang’s rights and remedies herein are cumulative and in addition to those available at law or in equity. In the event that any portion of these Terms and Conditions of Use is determined in any suit or proceeding to be invalid or unenforceable, such determination shall not affect the remaining Terms and Conditions, all of which shall remain valid and enforceable.
A waiver of any condition or default is not a waiver of any subsequent default.
All notices and communications to be given under these Terms and Conditions of Use shall be in writing and (i) if to Seller, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to Kemang LLC, 2939 Cavendish Drive - Los Angeles, CA 90064, Attn: Legal Notices; or (ii) if to you, by email.
10.6 International Use
We control and operate the Site from the United States. We make no representation that the Site is appropriate for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You may not assign or otherwise transfer any rights hereunder without our prior consent, and any such attempt is void. These Terms and Conditions of Use are binding upon and for the benefit of the respective successors and assigns of the parties hereto.
10.8 Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between us and you and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to the governing order acknowledgement, including any terms and conditions on any of other documents or purchase orders and any prior offers by trade show representatives and demonstrators. This agreement shall be binding upon the parties and their respective successors and assigns. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be severed from the agreement and the remainder of the agreement shall remain in full force and effect.
Last Updated on December 14, 2017.