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Terms & Conditions

Terms & Conditions

Welcome to our new website where you will find information about our company's history and tradition, our famous King's Hawaiian bakery products, restaurants, and just about everything else you want to know about us. Before you relax, browse and experience our company and our products, please do take time to read through these Terms of Use as they govern your access and use of our site. Thank you for your cooperation!

CHANGES AND UPDATES
We may modify or update these Terms of Use from time to time, with or without prior notice. Please check back regularly for changes and updates. Your continued access and visits to this site after we post a change or update constitutes your acknowledgment and acceptance of such change or update.

ACCESS AND USE OF OUR WEBSITE
We hereby grant you a limited license to access and use our website for your personal, non-commercial use ONLY. You may not copy, reproduce, distribute, transmit, modify, link to or from, frame, or otherwise exploit our site or its content in any manner or by any means without our prior expressed written permission. You may print or download content on our site for your personal, non-commercial use ONLY, provided that you keep intact all copyright, trademarks and other proprietary notices contained in or accompanying such content. This license will automatically terminate should you violate any of these terms and conditions of use.

INTELLECTUAL PROPERTY RIGHTS
All content on this site, including, without limitation, graphics, images, layouts, designs, logos, words, text, and recipes, is protected by copyrights, trademarks, and other intellectual property rights. "King's Hawaiian," the "King's Hawaiian" plus the crown logo, 'Taste Paradise," 'The Local Place," and other marks and logos containing any of the foregoing, are all trademarks and service marks of King's Hawaiian and are protected under federal and state laws. All other marks and logos appearing on this site (including those third party vendors and distributors) are the property of their respective owners.

USER CONTENT
Except as provided in our Website Privacy Policy, any content that you submit to this site or to us, whether directly or through a third-party website ("User Content") will be deemed to be non-confidential and may be disclosed through this site to unknown persons on a worldwide basis without control by us, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this site or us except for User Content that is fully authorized for purposes of this site and these Terms of Use, and by posting User Content on this site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content, and it will not infringe the rights of any third party. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that we shall have, and hereby grant to us, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this site or to us. We do not endorse any User Content, or third party product or service that may appear on this site. Nothing in these Terms of Use shall obligate us to use any User Content you submit or permit the posting of such User Content on this site.

You agree to submit only User Content that is functionally and technically compatible with this site. You agree not to engage in conduct or submit to this site any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You agree not to cause damage, embarrassment or adverse publicity to us.

COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:


    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. Identification of the content 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 the information reasonably sufficient to permit us to locate the content;
    4. Information reasonably sufficient to permit us to contact the complaining party;
    5. A statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is   
        allegedly infringed.


For copyright inquiries under the Digital Millennium Copyright Act, please contact our Copyright Agent at:

Julie Abraham
King's Hawaiian Bakery, West Inc.
19161 Harborgate Way
Torrance, CA 90501
Phone: 310-533-3250
Fax: 310-533-8732
copyright@kingshawaiian.com

PRIVACY
Our website is designed to provide information on our company, promotions, and products to the general public and is accessible to everyone. The provisions of our Website Privacy Policy are hereby incorporated into these Terms of Use and apply to your access and use of our website, and we therefore recommend that you review the Policy, which is available at: http://www.kingshawaiian.com/privacy-policy or by clicking here.

DISCLAIMERS
Our website is for general information purposes only. All content on our site is provided "as is" and without warranties of any kind, express or implied. We hereby disclaim any and all warranties, express or implied, with respect to all content on our site, including, without limitation, implied warranties of merchantability and fitness for a particular purpose and warranties of non-infringement. You acknowledge and agree that your use of or reliance on any content on our site is entirely at your own risk, and that under no circumstance will you hold King's Hawaiian or any of its affiliates liable for any errors or omissions in any content on our site or for any loss or damage resulting from your use of or reliance on any content on our site.

LIMITATION OF LIABILITY
You acknowledge and agree that under no circumstances will King's Hawaiian or any of its affiliates be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) resulting from your access or use of (or inability to access or use) our site or its content, even if King's Hawaiian and its affiliates have been advised of the possibility of such claims or damages.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless King's Hawaiian Bakery, West Inc. and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys' fees, arising in connection with your use of this site, online conduct, User Content submitted by you, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this site.

GOVERNING LAW
The Terms of Use set forth herein shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules.


©2012 King's Hawaiian Bakery, West Inc.