These Terms apply to www.Asian-Fusion.com, Asian Fusion Kids, www.TheAsianFusionGirl.com, www.AsianFusionGirl.com, (together herein referred to as the “Sites”), which are owned and operated by D.Y. Chandra, The Asian Fusion Girl and New Dynasty Development (together herein referred to as ‘AF’). These Terms also apply to interactive features or downloads that are owned or controlled by AF, are available through the Sites or that interact with the Sites and post these Terms. These Terms govern your use of the Sites. You agree to these Terms by accessing or using the Sites.
If you do not agree to be bound by all terms set here, do not use these sites.
The Sites, including past, present and future versions, and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (together herein referred to as the “Materials”) are owned, controlled or licensed by AF, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by AF’s legal representatives, no rights (either by implication or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for AF and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way AF’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of AF’s rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
Copyright & Trademarks
The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, AF owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks that appear on the Sites are the service and trademarks of AF or affiliated companies such as Arcadia Chandra International. Without AF&squo;s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to AF or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of AF, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
You also agree that you will not: (i) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (ii) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (iii) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third–party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or AF without the prior written consent of AF.
The Sites may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, social communities and other communication functionality (together herein referred to as “AF Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to AF or the Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (together herein referred to as “Guest Content”).
Terms Applicable to User/Guest Content
License to AF for User/Guest Content.
You grant to AF the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty–free right and license to host, use, copy, distribute, reproduce, disclose, sell, re–sell, sub–license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your Guest Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that AF is free to use any ideas, concepts, know–how or techniques contained in any User Content you send to the Sites or AF, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant AF the unconditional right to use and exploit your name, persona and likeness included in any Guest Content and in connection with any Guest Content, without any obligation or compensation to you. You also grant to AF the right to sub–license and authorize others to exercise any of the rights granted to AF under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to AF under these Terms. You further authorize AF to publish your Guest Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any Guest Content you submit, even if such Guest Content is altered or changed in a manner not agreeable to you.
AF’s Obligations Regarding User Content
You agree that AF has no obligation to pre–screen, monitor or enforce your intellectual property rights to your Guest Content but has the right to protect and enforce its and its licensees’ licensed rights to your Guest Content. You further acknowledge and agree that AF will not have any obligation to, but may review, monitor, display, accept or exploit any Guest Content and AF may in its sole discretion, delete, edit, distribute, move, block access, re–format, edit, alter, distort, remove or refuse to exploit Guest Content without notice or liability; provided, however, that AF reserves the right to treat Guest Content on the Sites, or on certain portions of the Sites, as content stored at the direction of guests for which AF will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our AF Forums House Rules when notice of such violations are directed to AF’s attention. Guest Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any Guest Content that you provide. You agree and understand that AF is not obligated to use Guest Content and that you will not receive any consideration or compensation for your Guest Content or for any exploitation of it.
Your Obligations Regarding User/Guest Content
You agree that you must evaluate, and bear all risks associated with, the use of any of Guest Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Guest Content. As AF may not pre–screen Guest Content, you bear legal responsibility for other’s exposure to any offensive indecent or objectionable content in Guest Content.
AF does not accept unsolicited submissions for motion pictures, television programs, web sites, articles e–books, or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of AF (whether internally or by third parties) might seem to certain persons to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to AF through these Sites, including AF Forums, by e–mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to AF the right and license to the submission as if it were Guest Content as specifically set forth above.
As a user of the Sites, you agree that the House Rules located on www.Asian–Fusion.com are there to provide guidance as to the conduct that is expected of AF guests who participate in AF Forums, including any social networking opportunities on the Sites. In addition to the House Rules, we ask that your Guest Content relate to the content on the Sites and should be intended to add to the discussion and community on the Sites and should not include irrelevant topics or postings. Your participation in the Guest Forums is subject to all the Terms including the House Rules. We reserve the right, in our sole discretion, to monitor and screen all Guest Content submitted to the Sites and may disregard any Guest Content that, in our sole discretion, violates the House Rules or the Terms, or that we otherwise find objectionable.
We respect the intellectual property rights of others and prohibit guests from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material is posted on the Sites by third parties not within our control, and we are under no obligation to and do not review all content on the Sites for the inclusion of illegal or impermissible content. However, pursuant to our Infringements Policy, AF does not permit material known by us to infringe another party’s copyright to remain on the Sites. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on the Sites infringes a copyright, please contact us through the email provided on the Contact page on www.Asian&ndashl;Fusion.com.
Certain areas of the Sites may require registration or otherwise ask you to provide information to participate in certain features such as AF Forums in order to receive electronic newsletters or mobile alerts, to access certain Materials, post Guest Content or participate in social networking activities. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or Guest Content, participate in certain features of the Sites or engage in social networking. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information.
If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Sites using your name in whole or in part. AF reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to AF is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
Guest Interactions and Disputes
You are solely responsible for your interaction with other guests of the Sites, whether online or offline. We are not responsible or liable for the conduct of any guest. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other guests. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The Sites may contain or offer prizes or other promotions, which may be governed by a separate set of rules that describe the prizes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable prizes or promotion.
Third Party Links and Content
AF grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) may only link to a Site’s home page unless AF has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (c) must not imply that AF or the Sites are endorsing or sponsoring it or its products, unless AF has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in AF’s sole opinion, harm AF or its products or services; (e) must not use any AF trademarks without the prior written permission from AF; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in AF’s sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, AF reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Disclaimer of Warranties
The sites, including but not limited to, the Materials, are provided on an ‘as is and with all faults’ basis. To the fullest extent permissible by law, AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents, make no representations, warranties or endorsements of any kind whatsoever, express or implied, as to the sites, the Materials on or provided through the sites, the downloadable items, guest content, the functions made accessible on or through the sites, any products, services or instructions offered or referenced at the sites and/or security associated with the transmission of information transmitted to or from AF via the Sites. In addition, AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents disclaim all warranties, express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non–infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer/internet virus.
AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents do not represent or warrant that the sites or functions contained in the Sites will be error free or uninterrupted, that defects will be corrected or that the Sites or the server that makes the Sites available are free from any harmful components, including but not limited to viruses or other malware. AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents do not make any representations or warranties that the information including any instructions on the Sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents do not warrant that your use of the Sites is lawful in any particular jurisdiction and specifically disclaim such warranties.
By accessing or using the Sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Sites.
Limitation of Liability
Under no circumstance will AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents be liable to you for any loss or damages of any kind, including but not limited to, any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to the Sites, Materials, downloadable items, guest content, your use of, inability to use or the performance of the Sites, any action taken in connection with an investigation by AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents or law enforcement authorities regarding your use of the sites, any action taken in connection with copyright or other intellectual property owners, any errors or omissions in the site’s technical operation or any damage to any guest’s computer, hardware, computer software, wireless device, cellular phone, modem or other equipment or technology, including but not limited to, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including but not limited to, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, even if foreseeable or even if AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents have been advised or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including but not limited to, whether caused in whole or in part, by negligence, acts of God, telecommunications failure, theft or destruction of the Sites). In no event will AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents be liable to you or anyone else for loss, damage or injury, including but not limited to death or personal injury. In no event will AF’s and its subsidiaries’ and affiliates and each of their shareholders, officers, employees, independent contributors and agents total liability to you for all damages, losses or causes of action exceed one United States dollar (US $1).
Your access to and use of the Sites is at your own risk. If you are dissatisfied with the Sites or any of its Materials, your sole and exclusive remedy is to discontinue accessing and using the Sites or Materials.
Waiver of Unknown Claims
By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected and in accordance with such waiver, you acknowledge that you have read and understand and hereby expressly waive the benefits of Section 1542 of the civil code of California and any similar law of any state which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend (if requested by AF), indemnify and hold harmless AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorney’s fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: Guest Content, your use of the Sites or activities in connection with the Sites, your breach or anticipatory breach of these Terms, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi–governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person, any misrepresentation made by you, or AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents use of your information. You will cooperate as fully required by the AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents in the defense of any claim. Notwithstanding the foregoing, AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the AF and its subsidiaries and affiliates and each of their shareholders, officers, employees, independent contributors and agents.
AF reserves the right to terminate your access to and use of the Sites, in its sole discretion, without notice and liability, including, without limitation, if AF believes your conduct fails to conform with these Terms. AF also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e–mails you send to the Sites or AF. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Sites, or upon demand from AF, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites, including links to the Sites and destroy all Materials obtained from the Sites and all related documentation.
AF reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that AF will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.