THE FOLLOWING AGREEMENT DESCRIBES THE TERMS AND CONDITIONS BY WHICH KIK CUSTOM PRODUCTS OFFERS YOU ACCESS TO ITS WEB SITE.
Please examine this document carefully before accessing or using the web site. By accessing or using the Web site, you agree to be legally bound by these terms and conditions. If you do not agree with one or more of the terms and conditions, then please do not use the KIK Custom Products Web site.
This Agreement was last updated effective September 2007.
2. Copyright, Licenses and Idea Submissions. The entire contents of KIK Custom Products Web site are copyrighted under United States copyright laws. Except where otherwise explicitly indicated, KIK Custom Products or one of its subsidiaries the exclusive owner of the copyright. You may print and download portions of the materials solely for your own non-commercial use. Any other use, copying, distribution, publication or transmission of any portion of Web site material is strictly prohibited without the express written permission of KIK Custom Products or, where applicable, the third party provider of the Web site content. You agree not to change or delete any proprietary notices from any materials downloaded from the web site. You further agree to grant KIK Custom Products a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, transmit, distribute, create any derivative works of, publicly use or display any materials or other information (including, but not limited to, ideas, concepts or techniques for new or improved services and products) you publish to the Web site by any means or by any media now known or hereafter developed. You further agree that any such communication you make to the Web site (whether information, feedback, data, questions, comments, suggestions or the like) shall be deemed not to be confidential, and warrant that such communication does not infringe the intellectual property or other rights of any party. By your acceptance of these Terms and Conditions of Use you also grant KIK Custom Products the right to use your name in connection with the submitted materials and other information, as well as in connection with any and all advertising, marketing and promotional material related thereto. You further agree and acknowledge that you shall have no recourse against KIK Custom Products for any alleged or actual infringement or misappropriation of any proprietary right in your publications or communications to us.
3. Disclaimers. You understand that KIK Custom Products Corporation cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Web site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for protection of the security of your own computer system, hardware and software included, and the reconstruction of lost data.
The information and material on this Web site is provided solely for informational purposes. This material is not intended to create, and receipt and review of it by any person or entity does not constitute, an offer for sale of any product from KIK Custom Products to anyone, nor does it create an actual or implied contractual relationship between you and KIK Custom Products.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN. THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ITS CONTENTS, IS PROVIDED ON AN "AS IS " BASIS WITHOUT REPRESENTATIONS ,WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. CROMPTON CORPORATION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEB SITE OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEB SITE. IN NO EVENT SHALL KIK CUSTOM PRODUCTS BE LIABLE TO YOU WITH RESPECT TO YOUR USE OF OR ACCESS TO THIS WEB SITE AND THE INFORMATION AND SERVICES CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD OR OTHERWISE, AND FURTHER INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, OR UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF INFORMATION.
THE INFORMATION INCLUDED IN THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THIS SITE. KIK CUSTOM PRODUCTS MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE WEB SITE AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER AND THIS AGREEMENT SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEB SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH THE WEB SITE. KIK CUSTOM PRODUCTS DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED.
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF KIK CUSTOM PRODUCTS IN OPERATING THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
4. Links to Third Party Sites. Links in the Web site will allow other sites to be accessed. These linked sites are not under the control of KIK Custom Products, and KIK Custom Products is not responsible for the contents of any linked site. KIK Custom Products provides links only as a convenience, and inclusion of any link does not imply endorsement by KIK Custom Products of the linked site.
5. Modification and Severability. KIK Custom Products reserves the right to make changes to the Web site, its contents, the services provided therein, and these Conditions of Use at any time at any time and from time to time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
6. Disclaimer for Webpage. In accordance with US legal restrictions against dealings with certain countries (currently Afghanistan, Cuba, Iran, Iraq, Libya, and Sudan), KIK Custom Products offices in the U.S. and all U.S. personnel are barred from responding to or referring to any other person any inquiries or requests relating to business in or with any such country. In light of these restrictions, no orders or requests involving any such country will be processed utilizing this Web site.