- Restrict or inhibit any other visitor from using the Site,
including, without limitation, by means of "hacking"
or defacing any portion of the Site;
- Use the Site or Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed
by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful,
fraudulent, threatening, abusive, libellous, defamatory, obscene
or otherwise objectionable, or infringes our or any third party's
intellectual property or other rights; (b) any material, non-public
information about companies without the authorization to do
so; (c) any trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities
or other unsolicited commercial communication (except as otherwise
expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any
viruses, worms, Trojan horses, defects, date bombs, time bombs
or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights
notices contained in the Site or Materials;
- "Frame" or "mirror" any part of the Site
without our prior written authorization;
- Link to any page of or content on the Site other than the
URL located at http://www._______.com/;
- Use any robot, spider, site search/retrieval application or
other manual or automatic device or process to retrieve, index,
"data mine" or in any way reproduce or circumvent
the navigational structure or presentation of the Site or its
contents; or
- Harvest or collect information about Site visitors without
their express consent.
While using the Site and/or Materials, you agree to comply with
all applicable laws, rules and regulations.
4. Making purchases.
If you wish to purchase products or services described on the Site,
you will be asked by Company [or the third party provider of the
product or service to supply certain information applicable to your
purchase including, without limitation, credit card and other information.
You understand that any such information will be treated by Company
in the manner described in our
Privacy
Policy. You agree that all information that you provide to Company
or such third party provider will be accurate, current, complete
and not misleading in any way. You agree to pay all charges incurred
by you or any users of your account and credit card (or other applicable
payment mechanism) at the price(s) in effect when such charges are
incurred. You will also be responsible for paying any applicable
taxes relating to your purchases.
We reserve the right, without prior notification, to change the
descriptions of or references to products or services on the Site,
to limit the order quantity on any product or service and/or to
refuse service to you. Verification of information applicable to
a purchase may be required prior to Company's acceptance of any
order. Price and availability of any product or service are subject
to change without notice.
5. Information Provided by Company.
Although Company strives to provide Materials that are both useful
and accurate, data and other information change frequently and are
subject to varying interpretations. In addition, a possibility exists
that the Site, Materials or Forums (as defined below) could include
inaccuracies or errors, or information or materials that violate
these Terms of Use (specifically, the Code of Conduct above), or
that unauthorized alterations could be made by third parties to
the Site, Materials or Forums. Accordingly, although Company endeavours
to use reasonable care in assembling the Materials, and attempts
to ensure the integrity of the Site, the Materials may not be up-to-date,
accurate or complete, and we make no guarantees as to the Site's
completeness or correctness. In the event that a situation arises
in which the Site's completeness or correctness is in question,
please contact us using our
Contact
Form with, if possible, a description of the material to be
checked and the location (URL) where such material can be found
on the Site, as well as information sufficient to enable us to contact
you. We will try to address your concerns as soon as reasonably
practicable.
In addition, portions of the Materials may have been contributed
to the Site by third parties, including various industry specialists
and service providers. The inclusion of such information does not
indicate any approval or endorsement of such third parties, and
Company expressly disclaims any liability with respect to the foregoing.
6. Submissions and Postings.
Please note that, because we and our designees host message boards
and other forums found on the Site (collectively, the "Forums")
and, therefore, redistribute materials you give to us, we require
certain rights in those materials. Accordingly, by sending or transmitting
to us creative suggestions, ideas, notes, concepts, information
or other materials (collectively, "Submissions"), or by
posting such Submissions to any area of the Site, you grant us and
our designees a worldwide, non-exclusive, sub-licensable (through
multiple tiers), assignable, royalty-free, perpetual, irrevocable
right to use, reproduce, distribute (through multiple tiers), create
derivative works of, publicly perform, publicly display, digitally
perform, make, have made, sell, offer for sale and import such Submissions
in any media now known or hereafter developed, for any purpose whatsoever,
commercial or otherwise, without compensation to you, the provider
of the Submissions. None of the Submissions will be subject to any
obligation, whether of confidentiality, attribution or otherwise,
on our part and we will not be liable for any use or disclosure
of any Submissions.
7. Forums.
Information on our Forums is provided by our staff and other contributors,
some of whom use anonymous screen names and are not connected with
Company. You acknowledge that a large volume of information is available
in our Forums and that people participating in such Forums occasionally
post messages or make statements, whether intentionally or unintentionally,
that are inaccurate, misleading or deceptive. We neither endorse
nor are responsible for such messages or statements, or any opinion,
advice, information or other utterance made or displayed on the
Site or Forums by third parties, whether such third parties are
visitors to the Site, members of the Company community or others.
The opinions expressed in the Forums reflect solely the opinion(s)
of the participants and may not reflect the opinion(s) of Company.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ARTICLES OR
POSTINGS, FOR HYPERLINKS EMBEDDED IN MESSAGES OR FOR ANY RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION. UNDER NO CIRCUMSTANCES
WILL WE OR OUR AFFILIATES, SUPPLIERS OR AGENTS BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SUCH INFORMATION OBTAINED
THROUGH THE SITE.
We have no obligation to monitor the Site or the Forums, or any
Submissions or other materials that you or other third parties transmit
or post on the Site or the Forums. You acknowledge and agree that
we have the right (but not the obligation) to monitor the Site and
the Forums and the materials you transmit or post, to alter or remove
any such materials (including, without limitation, any posting to
a Forum) to disclose such materials and any other information you
provide to the Company, and the circumstances surrounding their
transmission, to any third party in order to operate the Site properly,
and to protect ourselves, our sponsors and visitors, and to comply
with legal obligations or governmental requests.
8. Links.
The Site contains links to other Internet web sites, including affiliated
web sites, which may or may not be owned or operated by Company.
Company has not reviewed all of the web sites that are linked to
the Site, and Company has no control over such sites. Unless otherwise
explicitly stated, Company is not responsible for the content of
such web sites, any updates or changes to such sites, or the privacy
or other practices of such sites, and the fact that Company offers
such links does not indicate any approval or endorsement of any
material contained on any linked site. Company is providing these
links to you only as a convenience. Accordingly, we strongly encourage
you to become familiar with the terms of use and practices of any
linked site. Further, it is up to you to take precautions to ensure
that whatever links you select or software you download (whether
from the Site or other sites) is free of such items as viruses,
worms, Trojan horses, defects, date bombs, time bombs and other
items of a destructive nature.
9. Ownership and Restrictions on Use.
The Site is owned and operated by Company in conjunction with others
pursuant to contractual arrangements and the Materials (and any
intellectual property and other rights relating thereto) are and
will remain the property of Company and its licensors and suppliers.
The Materials and the selection, compilation, collection, arrangement
and assembly thereof are protected by Japanese and international
copyright, trademark and other laws, and you acknowledge that these
rights are valid and enforceable. You may not copy, reproduce, republish,
upload, post, transmit or distribute Materials or other content
or information available on or through the Site in any way without
our prior written permission. The Materials may be used solely to
the extent necessary for your authorized use of the Site as provided
in this Agreement or as expressly authorized in writing by Company
or, if so indicated in writing by Company, its licensors or suppliers.
Modification of the Materials or use of the Materials for any other
purpose is a violation of our copyright and other proprietary rights,
and is strictly prohibited. You acknowledge that you do not acquire
any ownership rights by using the Site or the Materials.
If you download software from the Site, such software is licensed
on a limited basis to you by us or the owner of such software. Title
to the software is not transferred to you. You may own the medium
on which you record the software, but we retain all right, title
and interest in and to the software and all intellectual property
rights therein. You may not re-sell, decompile, reverse engineer,
disassemble or otherwise reduce the software to a human-perceivable
form, or transfer the software to any third party.
The trademarks, logos, and service marks displayed on the Site (collectively
the "Trademarks") are the registered and unregistered
trademarks of Company, Company's licensors and suppliers, and others.
The Trademarks owned by Company, whether registered or unregistered,
may not be used in connection with any product or service that is
not Company's, in any manner that is likely to cause confusion with
customers, or in any manner that disparages Company. Nothing contained
on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark without
the express written permission of Company, Company's licensors or
suppliers, or the third party owner of any such Trademark. Misuse
of any Trademarks is prohibited, and Company will aggressively enforce
its intellectual property rights in such Trademarks, including via
civil and criminal proceedings.
10. Jurisdictional Issues.
We make no representation that Materials available on or through
the Site are appropriate or available for use in any particular
location. Those who choose to access the Site do so on their own
initiative and at their own risk, and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
The software is further subject to U.S. export controls. No software
may be downloaded or otherwise exported or re-exported (a) into
(or to a national or resident of Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed
goods; or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using any software, you
represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such
list.
We reserve the right to limit the availability of the Site and/or
the provision of any service, program, film or other product described
thereon to any person, geographic area or jurisdiction, at any time
and in our sole discretion, and to limit the quantities of any such
service, program, film or other product that we provide.
11. Rules for Sweepstakes, Contests and Games.
Any sweepstakes, contests or promotions that are accessible through
the Site are governed by specific rules. By entering such sweepstakes
or contests or participating in such promotions you will become
subject to those rules. We urge you to read the applicable rules,
which are linked to the particular activity, and to review our Privacy
Policy which, in addition to this Agreement, governs any information
you submit in connection with such sweepstakes, contests and promotions.
12. Termination.
This Agreement shall remain effective until terminated in accordance
with its terms. Either party may terminate this Agreement immediately
upon notice to the other party. In addition, we reserve the right
to immediately terminate this Agreement, and/or your access to and
use of the Site or any portion thereof, at any time and for any
reason, with or without cause. Upon termination of this Agreement
by either party, your right to use the Site shall immediately cease,
and you shall destroy all Materials obtained from the Site and all
copies thereof, whether made under the terms of this Agreement or
otherwise.
13. Disclaimers.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE
OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR
USAGE OF TRADE. Applicable law may not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. COMPANY
AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS
AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE MATERIALS
WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS
HOSTED OR THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS
AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE
AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY
OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE MATERIALS
OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND
ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN
RISK.
14. Limitation of Liability.
NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY
LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR
ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED
SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO
COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE,
SHALL BE THE TOTAL AMOUNT PAID BY YOU TO COMPANY, IF ANY, TO ACCESS
THE SITE.
15. Indemnification.
You agree to indemnify, defend and hold Company, our affiliates,
licensors, suppliers, advertisers and sponsors, and our and their
directors, officers, employees, consultants, agents and other representatives,
harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys' fees) and other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement,
including any violation of the Code of Conduct, above; (b) any allegation
that any Submissions or other materials you submit to us or transmit
to the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any
third party; and/or (c) your activities in connection with the Site.
16. Investment Information.
The information contained on the Site may not be current and should
not be used or relied on for any decision to invest in, purchase,
retain, sell or otherwise transfer the stock of the Company or for
any related purpose. The Company is a publicly held Japanese corporation
and files quarterly and annual reports with the United States Securities
and Exchange Commission in Washington, D.C. ("SEC"). Copies
of the most recent reports and other filings of the Company can
be accessed through the SEC EDGAR system located at www.sec.gov
or may be obtained at no charge from the Company.
17. Forward-Looking Statements.
Certain of the statements made in this Site are forward-looking
statements (within the meaning of Section 21E of the U.S. Securities
and Exchange Act of 1934), which are based on our current assumptions
and beliefs in light of the information currently available to us.
Please refer here for further information concerning such forward-looking
statements:
http://global.kyocera.com/ir/index.html.
18. Questions.
The Site is provided by Kyocera Corporation. If you have any questions,
comments or complaints regarding this Agreement or the Site, feel
free to contact us using our
Contact
Form.
19. Miscellaneous.
This Agreement is governed by and construed in accordance with the
laws of Japan, without regard to its principles of conflicts of
law. You agree to submit to the exclusive jurisdiction of Kyoto
District Court, Kyoto, Japan, and waive any jurisdictional, venue
or inconvenient forum objections to such court. If any provision
of this Agreement is found to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire Agreement between
us relating to the subject matter herein and supersedes any and
all prior or contemporaneous written or oral Agreements between
us with respect to such subject matter. This Agreement is not assignable,
transferable or sub-licensable by you except with Company's prior
written consent. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained
in this Agreement is inserted only as a matter of convenience and
in no way defines or explains any section or provision hereof.
Please read the
Company
Privacy Policy.
The Site and this Agreement, © 2005 Kyocera Corporation. All
rights reserved.