NEW BRIGHT TERMS AND USE AGREEMENT
PLEASE READ THESE TERMS OF AGREEMENT CAREFULLY BEFORE USING OUR SITE. By using our Site, you signify your assent to these terms. If you do not agree to these terms, please do not use the Site.
PURPOSE OF OUR SITE
This Site is owned by New Bright Industrial Co., Ltd. and operated through its affiliate, New Bright Industries Inc. for the entire New Bright Group of companies (collectively, “New Bright”). It serves to provide you with our corporate profile, information about our products and services, and our usual terms and conditions of trade with suppliers. While we try to keep the content of our Site as informative, accurate, reliable and up-to-date as possible, there is no guarantee that it is totally error-free and the products shown on the Site will be available in all markets.
RIGHT TO USE THIS SITE
You are hereby granted a limited, non-exclusive, non-transferrable and revocable license to use this Site for your personal entertainment, information and communication upon the terms of this Agreement. In using this Site, you must respect the intellectual property rights of New Bright and others, as outlined below. Any unauthorized use may violate privacy, copyright, trademark, or any other intellectual property rights or laws, and result in your personal liability.
No material from our Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited, without written permission.
In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
All the contents of this Site are copyrighted, and they are either owned or used with permission by New Bright. We disclaim any representation, warranty or undertaking that any unauthorized use of the contents of this Site will not infringe the rights of third parties.
Unless otherwise stated, the New Bright trademarks, logos and service marks displayed on this Site are registered or unregistered trademarks of New Bright Industrial Co. Ltd or its affiliates. Nothing contained on the Site shall be construed as granting, by implication, estoppels or otherwise, any license or right to use any New Bright trademark displayed on these Site without our prior written permission.
We appreciate hearing from our customers and welcome your comments regarding our products, including our on-line services. However, our Company policy does not allow us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. Accordingly, we strongly urge you not to send us any original creative materials, inventions or ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, inventions, suggestions or materials. If, at our request you send certain specific submissions (e.g., if you share a story with us, participate in chats, or post a message at a message board) or, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the “Information”), you shall be deemed for all purposes to have granted New Bright a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, publish, exhibit, adapt, modify, translate or otherwise create derivative works out of such Information in any form, medium, channel or interface now known or to be developed in the future. At the same time, you automatically waive and renounce all moral rights, if any, in the Information. None of the Information shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, you agree that we shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
This Site is intended to be used in a safe, secure and enjoyable manner. Users of this Site are not allowed to (a) use this Site for any political, illegal, immoral, improper or unauthorized purpose; (b) gather, track or copy the content of this Site by using any robot, bot, spider, crawler, spyware, software, extraction tool or any other automatic device, utility, technique or process whatsoever; (c) frame or utilize framing technique to enclose any trademark or other proprietary information (including, without limitation, any image, text or page layout); (d) attempt to harm minors, or are unlawful, offensive, abusive, obscene, threatening, harassing or otherwise violate any right of any third party; (e) interfere with other users’ accesses to this Site or the proper operation of this Site; (f) upload or introduce any data, information or file that contains viruses, other corrupt programs or harmful materials designed to interrupt, destroy or damage any software, hardware, networks, servers, systems or terminals; (g) impersonate any other person or entity.
This Site is primarily designed for and is to be viewed by residents in the United States only. We give no warranty and make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country subject to United States export control restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the 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.
This Agreement is effective until terminated by you or us. You may terminate this Agreement at any time by destroying all materials obtained from our Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. We reserve the right to alter or delete material from this Site at any time and may, at any time, revise the terms of this Agreement by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms of this Agreement.
While we use reasonable efforts to include accurate and up- to-date information in our Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of our Site. We have not reviewed all of the sites that may be linked to our Site, and we are not responsible for the content of any off-Site pages or any other sites linked to this Site. Your linking to any off-site pages is at your own risk.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
From time to time, New Bright acquires useful and valuable licenses, trademarks, images, design and characters from other reputed entities and third parties in production of our products. All those licenses, trademarks, images, design and characters not owned by New Bright are the properties of their respective owners, and are used with permission. Nothing in this Site may be construed as granting any right or license to use any such licenses, trademarks, images, design or characters.
The product representation included in this catalog is the most accurate as it appears at the time of publication and may vary slightly from actual production or merchandise shipped.
LIMITATION OF LIABILITY
We provide the contents of our Site for informational purposes and for your general interest and entertainment only. By using the Site you hereby agree not to rely on any of the information contained herein. Under no circumstances, including, but not limited to, negligence, shall we be liable for your reliance on any such information nor shall we be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in this Site or the materials in any sites linked to this Site, even if we have or an authorized representative of ours has advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall 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 you and us relating to the subject matter herein.