By using this Site, or any services provided in connection with this Site, you agree to be bound by this Agreement, as it may be amended by Falken from time to time in its sole discretion. Falken will post a notice on this Site any time this Agreement has been modified. If you do not accept this Agreement, please leave this Site and cease all use of this Site and its related services. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU WILLING ENTER, AND ARE LEGALLY ABLE TO ENTER, INTO THIS AGREEMENT.
This Agreement shall remain in full force and effect whenever you are using this Site or are a Subscriber. As a Subscriber, Falken may terminate your account at any time, without warning, for any violation of this Agreement. If Falken terminates your account, this Agreement shall remain applicable to any and all activities that occurred on your account prior to its termination.
A section of this Site is dedicated for use only by Subscribers (the “Subscriber Portal”). Falken grants each Subscriber with an account name and password to be used for logging in. As a Subscriber, you are responsible for maintaining the confidentiality of your account name and password, and you are fully responsible for all activities that occur under your account name and password, whether they occur with or without your knowledge. You agree to immediately notify Falken of any unauthorized use of your account name or password, and any related breach of security. Falken cannot and will not be liable for any loss or damage arising from your failure to keep your account name and password secure.
Intellectual Property Policy
Falken owns the intellectual property rights in this Site's contents (the “Site Material”), including, but not limited to, the text, graphics, and images on this Site. By using this Site, you agree to be bound by the intellectual property policy as set forth in this section.
Limited License to Site Material
Falken grants you a limited, revocable, and non-transferrable license to view and download a single copy of the Site Material, to the extent necessary for you to access this Site. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify the Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any commercial purpose. Use of the Site Material on any other website or in any networked environment is prohibited. The names, marks and logos appearing on this Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Falken. Unauthorized use of the Site Material violates copyright, trademark and other intellectual property laws.
With respect to any content you submit to Falken through this Site (the “User Content”), you represent and warrant at all times that: (i) you own such User Content or otherwise have the right to grant Falken a license to use such content, (ii) submission of such User Content to Falken does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) submission of such User Content to Falken does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you to Falken.
By submitting User Content to Falken, you are granting to Falken and its affiliates, officers, directors, employees, consultants, agents and representatives an irrevocable perpetual license to use such User Content, including without limitation a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reform such User Content. Such license shall be valid worldwide, fully-paid and royalty-free (meaning Falken is not required to pay you for any User Content you submit), and sublicensable (meaning Falken may provide the User Content for use by its affiliates and subcontractors).
Content License Agreement for Media Content
On the Subscriber Portal, Subscribers may obtain photographs, illustrations, animations, video, footage and other media content (collectively, the “Media Content”) that Visitors do not have access to. The use of any Media Content obtained from the Subscriber Portal is governed by a content license agreement (the “Content License”) entered into by and among Falken and each Subscriber. In the event of any inconsistencies between the Content License and this Agreement, the terms of the Content License shall govern.
Copyright Infringement Claims
If you believe your copyrighted work has been submitted to Falken in a manner that constitutes copyright infringement, please provide Falken's designated agent (address provided below) with your name, address, phone number and email address, along with a statement identifying the material that you believe is being used without consent. The designated agent can be reached at:
Attention: Mary Fletcher
Falken Tire Corporation
8656 Haven Ave.
Rancho Cucamonga, CA 91730
Phone: (909) 466-1116 ext. 320
Falken imposes certain restrictions on your use of this Site and its related services (“Prohibited Uses”). You are prohibited from engaging in any criminal or tortious activity in connection with your use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of this Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering with or attempting to interfere with service to any user, host, or network, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or submitting a virus to, this Site; (d) using this Site to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail to this Site; and (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Falken in providing this Site. Any violation of this Site's system or network security may subject you to civil and/or criminal liability. Falken reserves the right to define and add activities to the list of Prohibited Uses, at its sole discretion.
Certain content shall not be submitted to Falken through this Site (“Prohibited Content”). Prohibited Content includes, but is not limited to, content that Falken, in its sole discretion, believes:
(1) is patently offensive and promotes racism, bigotry, or hatred;
(2) is libelous, defamatory, obscene, or pornographic;
(3) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate an applicable law or regulation;
(4) is used for advertising purposes or otherwise solicits funds, or solicits goods or services;
(5) solicits personal information from anyone under 18, or
(6) is likely to cause harm to Falken's web servers, office computers, or any other computer system.
Falken reserves the right to terminate the receipt or transmission of any Prohibited Content, and, if applicable, to delete, edit or disable any Prohibited Content Falken receives. Falken also reserves the right to investigate and take appropriate legal action against anyone who, in Falken's sole discretion, is deemed to have violated this Section, including without limitation, the right to report such violations to law enforcement authorities.
Ordering Products or Services
A section of the Subscriber Portal, called the “Dealer Portal”, is accessible only by Subscribers who are also Falken's product distributors (each a “Dealer Subscriber”, and collectively the “Dealer Subscribers”). In the Dealer Portal, Falken may make its products or services available for order. As a Dealer Subscriber, your submission of an order to Falken through the Dealer Portal constitutes an offer to purchase. Your offer to purchase shall not be considered as accepted by Falken unless and until Falken sends you written acknowledgment (such as an e-mail confirmation) of your order.
Falken will use its best efforts to provide accurate information regarding the price, availability, and features of its products and services (the “Product Information”). However, the Product Information may contain omissions or inaccuracies. Falken reserves the right to correct any errors in the Product Information, and to make any other changes to the Product Information, at any time without any prior notice to you. Falken also reserves the right to discontinue the sale of any product listed in the Dealer Portal, at any time without any prior notice to you. FALKEN DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY PRODUCT INFORMATION IT PROVIDES THROUGH THIS SITE.
This Site may contain hyperlinks to third-party websites. When you access these third-party websites through this Site, you do so at your own risk. Falken in no way investigates, monitors or checks the accuracy or completeness of such third-party websites, and Falken is not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside on such websites. Third-party websites may, from time to time, publish hyperlinks that redirect users to this Site. Falken currently imposes no restrictions on hyperlinks directed to this Site.
Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FALKEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE. THE WARRANTIES DISCLAIMED HEREIN INCLUDE, BUT ARE NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. FALKEN WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THIS SITE. YOU ASSUME THE RISK THAT YOU MAY BE UNABLE TO USE THIS SITE, AND THAT USE OF THIS SITE MAY BE INTERRUPTED.
Limitation of Falken's Liability
To the fullest extent permissible by law, in no event shall Falken be liable for any direct, indirect, special, consequential, incidental or punitive damages arising out of the use of or the inability to use this Site. This limitation shall apply regardless of whether the damages arise out of warranty, contract, tort, or any other legal theory or form of action, and regardless of whether Falken is advised of the possibility of such damages.
By using this Site, you agree to defend, indemnify, and hold harmless Falken, its officers, directors, employees and agents, from and against any and all losses, claims, damages, and costs (including reasonable legal and accounting fees) that arise from your access or use of this Site or your breach of this Agreement. Falken reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Jurisdiction and Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without respect to any conflict of laws principles. You hereby irrevocably submit to the jurisdiction of the courts situated in California with respect to any dispute, disagreement, or cause of action related to or involving this Site.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision in the Agreement. No waiver shall be effective unless made in writing and signed by the authorized representative of the waiving party.
Falken may, in its sole discretion and without prior notice (a) revise this Agreement, (b) modify this Site and/or its related services, and (c) discontinue this Site and/or its related services, at any time. You agree to review this Agreement periodically to be aware of any revisions to the Agreement. You further agree that, by continuing to use or access this Site following notice of a revision, you shall be bound by such revision.
Except as expressly provided in this Agreement or on this Site, this Agreement constitutes the entire agreement between you and Falken with respect to your use of this Site and its related services.