2. Use of Website
You agree to use the Website and the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
Toppan Vintage hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms on your part:
– You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Toppan Vintage, unless you have been specifically allowed to do so in a separate agreement with Toppan Vintage. You specifically agree not to access (or attempt to access) any of the Website or the Services through any automated means (including use of scripts or web crawlers).
– You agree that you will not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, and not to insert any code or product or manipulate the Content in any way that affects the user’s experience or otherwise engage in any activity that interferes with, modifies, alters or disrupts the Website or the Services (or the servers and networks which are connected to the Services).
– Unless you have been specifically permitted to do so in a separate agreement with Toppan Vintage, you agree that you will not reproduce, republish, duplicate, copy, sell, trade or resell the Services for any purpose.
– You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
– Unless you have been expressly authorized to do so in writing by Toppan Vintage, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned or licensed by Toppan Vintage in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree not to use any of our trademarks as metatags on other websites. You further agree not to display any part of the Website in frames (or any Content via in-line links).
– You agree not to use the Website in any manner that might interfere with the rights of third parties.
– You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you.
– You agree that you are solely responsible for (and that Toppan Vintage has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Toppan Vintage may suffer) of any such breach.
You understand that all information (such as data files, written text, computer software, audio files or other sounds, the selection, sequence and ‘look and feel’ and arrangement of items) which you may have access to as part of, or through your use of, the Services is provided “AS IS” and is the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. Toppan Vintage may, in its sole discretion and at any time, without notice to you, add to, amend or remove any Content from the Website, or alter the presentation, substance, or functionality of the Website.
All Content contained on the Website and presented to you as part of the Services is protected, without limitation, by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Toppan Vintage or, in the case of third party materials, the owner of that Content.
You may not modify, rent, lease, loan, sell, or distribute the Content or create derivative works based on the Content (either in whole or in part) unless you have been specifically told that you may do so by Toppan Vintage or by the owners of that Content, in a separate agreement.
You understand that as between you and Toppan Vintage, Toppan Vintage owns all rights in and to the Website, including the TOPPAN VINTAGE™ name, the Content, the “look and feel” of the Website, and all intellectual property rights related to the foregoing. Any third party trademarks or third party Content appearing on the Website are owned by the respective third parties.
4. Linking and Third Party Dealings
The Website may contain hyperlinks to other web sites and Internet resources operated by parties other than Toppan Vintage. Links to other websites may use our Website logo or style as a result of a cobranding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Website would not. Please note that we have no control over such sites and resources or their privacy policies. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
Some portions of the Website may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than Toppan Vintage are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
5. Disclaimers and Warranties
The Website and Services are provided “as is” and neither Toppan Vintage nor any of its affiliates provide any warranty, representation or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Toppan Vintage expressly disclaims liability for any such inaccuracies or errors to the fullest extent permitted by law. You understand and acknowledge that you use the Website and the Services at your own risk.
Toppan Vintage expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the Content, goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be errorfree or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms.
Toppan Vintage assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Website.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Content and/or the Services except to the extent that they are expressly set out in these Terms.
6. Limitation of Liability
You understand and acknowledge that Toppan Vintage shall not be liable to you for: (i) any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Website or the Services. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of the Website or any Content ; (ii) any changes that Toppan Vintage may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; (iv) the use of any products or services obtained on or through the Website; or (v) any other matter relating to the Website, the Services, or the Content.
By using the Website and any of the Services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, any Content. The limitations on Toppan Vintage’s liability to you in this paragraph 6 shall apply whether or not Toppan Vite has been advised of or should have been aware of the possibility of any such losses arising.
You agree to defend, indemnify and hold harmless Toppan Vintage, its affiliates and its and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Website and Services.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
– Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and all information reasonably sufficient to permit the service provider to locate the material;
– Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached at the following addresses:
8th Floor, Gloucester Tower, The Landmark
15 Queen’s Road Central, Central, Hong Kong
747 Third Avenue
7th Floor, New York, NY 10017
9. Complete Terms
You agree that Toppan Vintage is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.
10. Modifications to the Services
Toppan Vintage is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Toppan Vintage provides may change from time to time without prior notice to you. You further acknowledge and agree that Toppan Vintage may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Toppan Vintage’s sole discretion, without prior notice to you.
11. Governing Law
These Terms, and your relationship with Toppan Vintage under the Terms, shall be governed by the laws of the State of New York, except for its conflict of laws provisions. You and Toppan Vintage agree to submit to the jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
12. Controlling Language
These Terms may appear in a language other than English. If there is any conflict or inconsistency between the Chinese version of the Terms and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version. The Chinese version may not be translated into English for the purpose of comparing with or interpreting the English version.