Last updated: (July 28, 2020)
These Terms & Conditions ("Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Kai Ming Inc. ("we", "us" or "our"), concerning your access to and use of the https://www.kaiming.org website ("Website").
These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
1. Content Disclaimer
Postings on our Website are made at such times as www.kaiming.org determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. www.kaiming.org does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. The information and materials in our website are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials are not guaranteed or represented to be complete, correct or update to date. These materials may be changed from time to time without notice.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Kai Ming Inc. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- Publishing any Website material in any media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Kai Ming Inc. may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Kai Ming Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Kai Ming Inc. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. Third-Party Websites Links & Content
Our Website may contain links to other websites ("Third-Party Websites") owned or operated by parties other than www.kaiming.org
Such links are provided for your reference only. www.kaiming.org does not monitor or control outside Third-Party Websites and is not responsible for their content. www.kaiming.org’s inclusion of links to a Third-Party Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does www.kaiming.org inclusion of the links imply that www.kaiming.org is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Third-Party Website.
6. No warranties
This Website is provided “as is,” with all faults, and Kai Ming Inc. makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
7. Limitation of liability
In no event shall Kai Ming Inc., nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Kai Ming Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Kai Ming Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms
Kai Ming Inc. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Kai Ming Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kai Ming Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.