Terms of Use

Terms of Use 2017-07-07T19:15:58+00:00

LAST UPDATED: JULY 7, 2017

We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of, Korean Temple Food on its own behalf and on behalf of its affiliated entities (collectively, “Korean Temple Food”, “us” and “we”).

Please read these Terms of Use (“Terms of Use”) carefully and ensure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding between Korean Temple Food and you regarding your use of this Website and supersede any prior statements or representations.

Changes to the Terms of Use
From time to time, these Terms of Use may change. Korean Temple Food reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website. By using this Website you agree to be bound by and comply with these modifications. Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Use of this Website
Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any interactive functionality of the Website, you are deemed to have accepted these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website.

By visiting and participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Korean Temple Food may terminate your right to access and/or use this Website at any time.

Use of Materials
Material on this Website, including but not limited to sound recordings, images, logos, User Content, trademarks and Works (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by Korean Temple Food, or used with permission of the owner(s) of such Material. The display of Materials at this Website does not imply that a license of any kind has been granted to you.

Korean Temple Food hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:
– your use of the Website as permitted is solely for your personal, noncommercial use;
– you will not copy or distribute any part of the Website in any medium and you will not “frame” the Website or any Materials in any site you create or operate without Korean Temple Food’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
– you will otherwise comply with these Terms of Use and applicable laws.

In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of Korean Temple Food, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Links
From time to time, the Korean Temple Food Website may contain links to other websites that are not controlled and/or maintained by Korean Temple Food. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, Korean Temple Food shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Korean Temple Food is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or Terms of Use of use that differ from those of the Korean Temple Food Website and/or may provide their users with less security than the Korean Temple Food Website.

Non Commercial use
You may not use the Website or any Materials provided herein in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Korean Temple Food’s management.

Copyright Infringement Policy
Korean Temple Food values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify Korean Temple Food:

In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Korean Temple Food to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable Korean Temple Food to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Additional/Different Terms
Certain pages or sections of this Website may contain Terms of Use of use which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different Terms of Use of use and these Terms of Use, the additional or different Terms of Use of use will govern with respect to the specific pages or sections to which they apply.

Limitation of Liability and Use Disclaimer
Korean Temple Food endeavors to make sure that all information and data it originates on the Website is accurate. However, Korean Temple Food’s not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. KOREAN TEMPLE FOOD RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. KOREAN TEMPLE FOOD SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

KOREAN TEMPLE FOOD MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF KOREAN TEMPLE FOOD’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Korean temple food is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Korean temple food’s liability is limited to the greatest extent allowable under applicable law.

Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

By using this Website, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.

Indemnity
You will indemnify Korean temple food, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Korean temple food, shall survive beyond any term that these Terms of Use are in effect.

Electronic Communications
When you communicate with Korean temple food electronically, via email or otherwise, you consent to receive electronic communications from Korean temple food. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Korean temple food satisfy any legal requirement that such communication be in writing. Korean temple food encourages you to retain your own copies of relevant information, however, upon your written request; Korean temple food will provide you with a copy of the information you provided to Korean temple food when creating your Member account. To make such a request please contact info@Korean temple food.com
With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Korean temple food shall have no obligation to protect your communications from disclosure; (ii) Korean temple food shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation ; and (iii) Korean temple food shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Contact Us
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at contact@koreantemplefood.com.

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Korean Temple Food of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Korean Temple Food’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration and (i) if the dispute involves a US resident, the dispute shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association, or (ii) if the dispute involves a Canadian resident, the dispute shall be submitted to binding arbitration in Ontario within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the Canadian Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

Under no circumstances will you be permitted to obtain awards for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Korean Temple Food may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, or in any province or the federal courts sitting in the province of Ontario, in the event that Korean Temple Food believes that there is a violation, or a threatened violation, of any of Korean Temple Food’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.