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KYOCERA CORPORATION TERMS OF
USE
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY
BEFORE USING THIS SITE. This website is provided by Kyocera Corporation
(“Company,” “we,” “us”) (collectively,
the “Site”) subject to your compliance with the terms
and conditions set forth in this agreement (the “Agreement”).
This Agreement governs the relationship between Company and you,
the Site visitor (“you”) with respect to your use of
the Site. It is important that you read carefully and understand
the terms and conditions of this Agreement. By using the Site, you
agree to be bound by this Agreement. If you do not agree to these
terms and conditions, please do not use the Site.
This Agreement applies to the following websites and all services
available on such websites: global.kyocera.com (collectively, the
“Site”). In addition, when using particular services
provided through the Site, you agree that you are subject to any
additional posted guidelines, rules, terms and conditions applicable
to such services. All such guidelines, rules, terms and conditions
are hereby incorporated by reference into this Agreement.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing
any content on or feature of the Site; or
· Change any fees or charges for use of the Site.
We reserve the right to change this Agreement from time to time
by posting a revised version on the Site. Any changes we make will
be effective immediately upon posting. Your continued use of the
Site following such changes will be deemed acceptance of such changes.
Be sure to return to this page periodically to ensure familiarity
with the most current version of this Agreement. You can determine
when this Agreement was last revised by checking the “Last
revised” legend at the top of the Agreement.
Materials
The information and materials provided through the Site, including
any data, text, graphics, images, audio and video clips, logos,
icons, software and links (collectively, the “Materials”),
are intended to educate and inform you about the Company, our products
and goals. Unless otherwise specified on the Site, you may download
Materials displayed on the Site, and may use the downloaded Materials,
solely for your personal, non-commercial use. You must retain all
copyright and other proprietary notices on downloaded and copied
Materials, and any such downloads or copies are subject to the terms
and conditions of this Agreement. Further, the Materials remain
the property of Company or its licensors or suppliers. Use or downloading
of Materials is conditioned on acceptance of the terms and conditions
of any license agreements relating to such Materials, including
agreements of third parties. By acquiring or using Materials, you
agree to such terms and conditions. You may not download, copy or
use any of the Materials except as expressly authorized by this
Agreement and, in any event, you may not distribute, modify, transmit
or publicly display the Materials without the written consent of
Company or, if so indicated in writing by Company, its licensors
or suppliers.
Registration
Some areas of the Site may require you to register to use certain
services. When and if you register, you agree to (a) provide accurate,
current and complete information about yourself as prompted by our
registration form (including your email address) and (b) maintain
and update your information (including your email address) to keep
it accurate, current and complete, as applicable. You acknowledge
that, if any information provided by you is untrue, inaccurate,
not current or incomplete, we reserve the right to terminate this
Agreement and your use of the Site.
As part of the registration process, you will be asked to select
a username and password. We may refuse to grant you a username that
impersonates someone else, is or may be illegal, is or may be protected
by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole
discretion. You will be responsible for the confidentiality and
use of your username and password and agree not to transfer or resell
your use of or access to the Site to any third party. If you have
reason to believe that your account with us is no longer secure,
you must immediately notify us of the problem by emailing us at
webmaster@kyocera.co.jp. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND
ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED
THROUGH YOUR ACCOUNT.
Code of Conduct
While using the Site and Materials, you agree not to:
· Restrict or inhibit any other visitor or member 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, libelous, 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, sub-license, 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://global.kyocera.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 or members
without their express consent.
While using the Site and/or Materials, you agree to comply with
all applicable laws, rules and regulations.
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, which
can be found at http://global.kyocera.com/privacy/index.html. 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.
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 endeavors
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 at webmaster@kyocera.com.sg 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 providers, and Company
expressly disclaims any liability with respect to the foregoing.
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, sublicenseable (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 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.
Forums.
Information on our Forums is provided by our staff and other contributors,
some of whom use anonymous screen names and are people not otherwise
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 for 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;
to protect ourselves, our sponsors and our members and visitors;
and to comply with legal obligations or governmental requests. ]
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.
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.
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 the applicable local laws. The software provided in the Materials
is subject to the laws and regulations of Japan and other countries.
No software may be downloaded , exported or rexported to any country,
any party or any person subject to the control of the laws and regulations
of Japan and other countries. 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.
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.
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.
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.
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.
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.
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 Company or for any
related purpose. 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.
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.
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 at webmaster@kyocera.com.sg.
Miscellaneous
This Agreement is governed by and construed in accordance with the
laws of Japan, without regards 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 sublicenseable 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, © 2002 Kyocera Corporation. All
rights reserved.
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