Terms of Use

The khculture.com site (the “Site”) is produced and owned by KAIHONG CULTURE, Inc. ("KAIHONG"). These Terms of Use contain important information; please read them carefully before using the Site. By accessing and using the Site, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Site immediately. We also encourage you to review our Privacy Policy.

KAIHONG or its assignees may amend these Terms of Use from time to time by updating this page; a link to this page will appear on most Site pages. Your continued use of the Site will indicate your acceptance of the revised Terms of Use.

As used in these Terms of Use, KAIHONG's "Affiliates" refers to KAIHONG's owners, subsidiaries, affiliated companies, suppliers, licensors, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents (collectively the “Affiliates”).

Intellectual Property Information

Any and all content, data, graphics, photographs, images, audio, video, software, trade-marks, service marks, trade names and other information (collectively, the “Content”) contained in this Site are the property of KAIHONG and/or its Affiliates. Except as set forth herein, you may not copy, modify, reproduce, publish post, transmit, distribute, display, create derivative works from, or sell the Content without the express written permission of KAIHONG. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of KAIHONG. To obtain written consent for such reproduction, please contact us at legal@khculture.com.

Materials on the Site While KAIHONG uses reasonable efforts to include accurate and up-to-date information in the Site, KAIHONG and its Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through the Site; and (b) assume no liability or responsibility for any errors or omissions in the content of the Site (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us through the Contact Us page.

KAIHONG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized KAIHONG spokesperson acting in his/her official capacity. Under no circumstances will KAIHONG or its Affiliates be liable for any loss or damage caused by your reliance on information obtained on or through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available on or through the Site. In particular, we strongly suggest you consult your own professional advisor(s) before relying on any advice or information you obtain on or through the Site.

Your use of the Site is at your own risk. Neither KAIHONG nor its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability or other theory, arising out of or in connection with: (a) your access to, or use of, the Site; (b) any products, services, information, activities, and/or materials available on or through the Site; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the Site, regardless of its origin; (d) any breaches of security involving the Site or your account, or any lack of availability or operational problem of, the Site; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of the Site. Additionally, KAIHONG cannot guarantee the availability of the Site at all times or on all computer equipment or browser software, and has no responsibility for any inability to access the Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE ON OR THROUGH THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY KAIHONG OR ANY OTHER OF ITS AFFILIATES. IN NO EVENT SHALL LIABILITY TO YOU ARISING FROM ANY ACTS OR OMISSIONS IN CONNECTION WITH THE SITE EXCEED THE AVERAGE MONTHLY AMOUNT PAID BY YOU FOR USE OF THE SITE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM FOR DAMAGES.

Third-Party Sites

Portions of the Site include links to sites operated by third parties (i.e., sites not owned or operated by KAIHONG). Use of third-party sites is at your own risk. KAIHONG MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE. If you link to any third party site, you will be subject to the terms of use of that third party site and not the Terms of Use.
KAIHONG and its Affiliates do not endorse, and shall not be liable in connection with, any information or services available on or through any third-party site, except to the extent that a particular Affiliate owns the third-party site and affirmatively states a different policy. Third-party sites may have their own agreements or policies governing use of their sites.

Code of Conduct

You are responsible for ensuring that your use of the Site is in compliance with any applicable laws or regulations. You agree not to:
Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) can subject you to civil and/or criminal penalties.
Use the Site for any unlawful purposes; or Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
KAIHONG may immediately terminate or limit without notice any individual's use of all or portions of the Site in the event of any conduct by such user which KAIHONG in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of these Terms of Use. Such termination may occur without notice to the user.

Subject to KAIHONG's Privacy Policy any communication or material you transmit to the Site or to KAIHONG, whether by electronic mail or otherwise, for any reason, will be treated as non-confidential and non-proprietary. KAIHONG may use anything (together with any ideas, concepts, know-how, or techniques contained therein) that you transmit or post to the Site or to KAIHONG in any manner, for any purpose, without credit or compensation. You may link to KAIHONG's Privacy Policy here.

Personal Information

KAIHONG respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Other Terms

KAIHONG may at any time, without prior notice (a) deny or limit any user's access to all or portions of the Site, and/or (b) change or eliminate any component of the Site.

While KAIHONG attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, we will not be responsible for typographical or other errors, regardless of their cause.

Although the Site may be accessible worldwide, not all products, services, or information referenced in the Site are available to all persons in all geographic locations or jurisdictions. KAIHONG reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

Nothing contained in these terms shall be construed to limit the actions or remedies available to KAIHONG and/or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms of Use does not constitute consent or waiver, and KAIHONG reserves the right to enforce such term at its sole discretion.

You agree to indemnify, defend and hold harmless KAIHONG and its Affiliates against any and all claims, damages, costs or other expenses that arise directly or indirectly from (a) your breach of this Agreement, (b) your activities in connection with the Site, and/or (c) any other matter for which you are responsible hereunder or under law.

Miscellaneous

These Terms of Use shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Any action to be brought in connection with these Terms of Use or the Site shall be brought in the state or federal courts in the City of New York in the State of New York, United States of America, and you irrevocably consent to their jurisdiction. In the event that any provisions of these Terms of Use are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these Terms of Use otherwise in full force and effect.

Notice

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Site itself.

If you have any questions or comments regarding these Terms of Use please contact us at legal@khculture.com.