Welcome
to RICECRACKER.COM and thank you for reviewing the terms and conditions
of this web site, which apply to for use of all of the sites and services
owned or operated by RICECRACKER.COM (collectively, "RICECRACKER.COM",
or "we," "us," or "our").
AGREEMENT
The following are the terms and conditions (the "Terms") under which
you ("User") may use this web site and co-branded web sites of the Company
at www.ricecracker.com and/or any other addresses (any or all of which
are herein referred to as the "Web Site"). Please read this page carefully.
By accessing and using the Web Site, you accept and agree to be bound,
without modification, limitation or qualification, by the Terms. The
Company may, at its sole discretion, modify or revise the Terms at any
time by updating the text of this page. You are bound by any such modification
or revision and should therefore visit this page periodically to review
the Terms.
In addition to these Terms, specific rules may be provided with respect
to transactions conducted on or in connection with the Web Site, and
other rules may be provided for the use of other items, areas or services
provided on or in connection with the Web Site, and you agree to be
bound by such rules.
USE OF THE WEB SITE CONSTITUTES THE AGREEMENT OF USERS TO ALL TERMS,
CONDITIONS, AND RULES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB
SITE. (THE TERMS, CONDITIONS AND RULES, COLLECTIVELY ARE REFERRED TO
HEREIN AS THE "AGREEMENT"). IF YOU, THE USER DO NOT ACCEPT ALL OF THE
AGREEMENT, DO NOT USE THIS WEB SITE.
Section 1. The Material on the Web Site
WARNING: The content of the Web Site is not intended for minors.
The content can include a wide range of art and antiquities, generally
uncensored, and may include nudity or other graphic content or literary
content that some people may consider offensive, as well as access to
live or electronic commerce of articles that may be harmful and/or illegal
in the hands of minors and children and/or inappropriate for them to
view or have access to. If the User allows any child or minor use of
a computer, it is the responsibility of the User to determine whether
any of the services, content and subject matter displayed on the Web
Site is inappropriate for the child or minor, and to control the use
of the computer by the child or minor accordingly. If the User finds
offensive the type of content referred to above, the User should not
access and/or use this Web Site.
The contents of the Web Site, such as text, graphics, images, audio,
video, data, coding, scripts, computer programs and other material ("Material"
or "Materials"), are protected by copyright, trademark and/or other
laws of the United States and other countries, and may be owned or controlled
by the Company or by third parties that have licensed their Material
to the Company. The Company authorizes you to view and download a single
copy of the Material solely for your personal, non-commercial use, or
in the case of dealers, to display to your clients solely for purposes
of facilitating a transaction with the Company. The use of any computer
software that is made available for downloading from the Web Site ("Software")
is governed by the terms of the software license agreement accompanying
such software (the "License Agreement"), and is conditioned on the agreement
of the User to be bound by the terms of the License Agreement. All rights
in and to the Material not expressly granted to the User in the Agreement
are reserved. Neither the availability of, nor anything contained within
the Web Site shall be construed as conferring any license under any
of the Company's or any third party's intellectual property rights,
other or greater than as expressly provided in the foregoing provisions
of this paragraph, whether by implication, estoppel or in any other
manner or way.
Unauthorized use of the Material may violate copyright, trademark, and
other laws. The User may not sell, prepare derivative works based on
or modify the Material (including, without limitation, preparation of
summaries of the Material or "thumbnails" of any images therein), or
reproduce, publicly display, publicly perform, distribute, or otherwise
use the Material in any way for any public or commercial purpose. The
use of the Material or any portion thereof on any other web site, or
in any publication, database, catalog or compilation, or in a networked
computer environment for any purpose other than personal browsing of
the Web Site without the express prior written permission of the Company
is strictly prohibited. With respect to any copy of Material made by
the User within the scope of the limited personal license granted herein,
the User must retain therein, unmodified and unobscured, any and all
copyright and other proprietary notices contained in the original Material.
Some of the Material may contain digital "watermarks" to indicate their
source and ownership. The User agrees not to attempt to remove, deactivate,
reverse engineer, modify, tamper with or obscure any such watermarks.
The trademarks, logos and service marks (the "Marks") displayed on the
Web Site are owned by the Company or third parties. The User is prohibited
from using the Marks without the express, prior written permission of
the Company or such third party. If you would like information about
how to seek permission from the Company to use the Material on your
web site, or in any publication, database, catalog or compilation, or
in a networked computer environment for any other purpose other than
personal browsing of the Web Site, the User must contact the Company
at Ricecracker.com.
The Company reserves the right to employ robot exclusion headers and
similar mechanisms within the Web Site, and the User agree that the
User and all persons and facilities under the control of the User will
honor such headers and mechanisms. Regardless of the presence or absence
of any such headers or mechanisms, and without limiting the generality
of any other restriction on use of the Web Site or the Material, the
User will not in any event use any robot, spider, or other automatic
or manual device or process for the purpose of compiling information
regarding the identification, address or other attributes of any of
our Users, bidders or sellers, or to recreate in original or modified
form any substantial portion of the Web Site. The User further agree
not to use any device, software or routine to interfere or attempt to
interfere with the proper functioning of the Web Site or any transactions
being conducted on or in connection with the Web Site. The User agrees
not to engage in any action that imposes an unreasonable or disproportionately
large load on servers or systems used by the Company for the Web Site.
If the User violate any provision of the Agreement, the User's permission
to use the Material and the Web Site automatically terminate and the
User must immediately destroy any copies made of the Material.
The Company respects the intellectual property of others, and we ask
our Users to do the same. If the User believe that work of the User
has been copied in a way that constitutes copyright infringement, please
provide the Company's Copyright Agent the following information:
• an electronic or physical
signature of the person authorized to act on behalf of
the owner of the copyright interest
• a description of the copyrighted
work that the User claim has been infringed
• a description of where
the Material that you claims is infringing is located on the Web Site
• the name, address, telephone
number, and e-mail address of the owner of the copyright interest
• a statement by the User
that you have a good faith belief that the disputed use is
not authorized by the copyright owner, a person authorized
to act on behalf of the
owner of the copyright interest , or the law
• a statement by the User,
made under penalty of perjury, that the above information
in the Notice is accurate and that the User is the copyright
owner or a person authorized
to act on the behalf of the owner of the copyright interest
Notice of claims of copyright infringement on the Web Site can be submitted
in writing to the Company at the following address:
Ricecracker.com
Attn: John Kurata
1379 Park Western Drive
Suite 157
San Pedro, CA 90732
Section 2. Privacy; User Submissions
The Company is committed to maintaining the privacy of the User. However,
the Company does retain information that you provide to the Web Site.
For information regarding the Company's policies for using User information
please read our Privacy Policy.
The Company may provide areas of the Web Site such as chat rooms, message
boards or other facilities, that are open to public access by any User
(all of which are referred to herein as "Public Area"). Any communication
that a User posts to a Public Area shall be non-confidential.
By posting communications (including any graphic or multimedia content)
to any Public Area, the User grants the Company a royalty-free, perpetual,
irrevocable non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, publicly perform, and publicly display
the communication and any trademarks, names or likenesses therein alone
or as part of compilations or other works in any form, media, or technology
whether now known or hereafter developed, and to sub-license such rights
through multiple tiers of sub-licensees. (Provisions conferring similar
rights on the Company may apply under separate terms or agreements with
respect to certain matter submitted other than in Public Areas; you
should check the applicable agreements or terms provided by the Company
in order to ascertain your rights.)
The Company does not screen communications in advance and is not responsible
for screening or monitoring material posted by any Users. The User is
responsible for your own communications and are responsible for the
consequences of their posting. The User must not do any of the following
things while accessing or using the Web Site or using the Material:
(1) post or transmit any material unless the User is the owner of all
patent, trademark, copyright, trade secret or other proprietary rights
("Rights") therein, or have written permission of the owner of the Rights
to post or transmit such material to the Web Site; (2) post material
that otherwise violates any Rights of any third party or violates or
infringes on the privacy or publicity rights of third parties; (3) post
material that is obscene, defamatory, threatening, harassing, abusive,
hateful, embarrassing, discriminatory or otherwise objectionable to
another User or any other person or entity; (4) post sexually-explicit
language or images; (5) post advertisements or solicitations of business;
(6) post or transmit any chain letters or pyramid schemes; (7) impersonate
another person or entity; (8) intentionally or unintentionally violate
any applicable local, state, national or international law while using
or accessing the Web Site or the Material; or (9) post or transmit anything
containing a virus or other harmful component.
If the Company is notified by any User, or in any other manner becomes
aware of any communication that allegedly does not conform to any term
of this Agreement, the Company may in its sole discretion to remove
or request the removal of the communication, the Company reserves the
right, in its sole discretion, to expel any User and prevent their further
access to the Web Site for violating this Agreement or the law. However,
the Company has no liability or responsibility for performance or non-performance
of such activities. The Company also reserves and maintains the right
at all times to disclose any information as necessary or deemed desirable
by the Company to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in the sole discretion
of the Company and/or to satisfy any applicable law, regulation, legal
process or governmental request.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS,
ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY ANY USER NOR
ENDORSE ANY OPINIONS EXPRESSED BY ANY USER. THE USER ACKNOWLEDGES THAT
ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT THE SOLE RISK
OF THE USER.
Section 3. Registration, Passwords and Signatures
In consideration of your use of the Web Site, the User agrees to: (a)
provide the Company with true, accurate, current and complete information
about the User in any registration form that the user may fill out on
the Web Site (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If the User provides any Registration
Data that is untrue, inaccurate, not current or incomplete, or the Company
can suspend or terminate your account and refuse any and all current
or future use of the Web Site (or any portion thereof).
The User may receive a password or a digital signature and/or account
designation upon completing the registration process on the Web Site.
The User shall maintain the confidentiality of any such password, digital
signature and/or account, and is fully responsible for all activities
that occur under your password, digital signature and/or account. The
User agrees to (a) immediately notify the Company of any unauthorized
disclosure and/or use of the password, digital signature and/or account
or any other breach of security, and (b) ensure that the User exits
from the account at the end of each session. The Company shall not be
liable for any loss or damage arising from your unauthorized disclosure
and/or use of the password, digital signature and/or account or any
other breach of security.
Section 4. Use of the Commerce Portions of the Web Site
The commerce portions of the Web Site are available only to clients
of the Company. This excludes in all cases minors (persons who have
not reached their eighteenth birthday).
Section 5. Links to Other Sites
The Web Site may contain links to third-party web sites that are maintained
by others. These links are provided solely as a convenience to the User
and not as an endorsement nor adoption by the Company of the web sites
and/or their content. The Company is not responsible for the content
of linked third-party web sites and does not make any representations
regarding the content or materials on such third-party web sites. If
the User decides to access linked third-party web sites, you do so at
the sole risk and responsibilities of the User.
Section 6. Liability Disclaimers
The Material on the Web Site may contain inaccuracies or typographical
errors. Except as may be separately specifically represented by the
Company, the Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material nor about the results to
be obtained from using the Web Site and/or the Materials. Any use of
the Web Site and/or the Materials is at the sole risk of the User. Advice
received through the Web Site should not be relied upon for personal,
medical, legal or financial decisions and the User should consult an
appropriate professional for specific advice tailored to your situation.
Changes are periodically made to the Web Site and/or Materials may be
made at any time. The Material on the Web Site are in part provided
by third parties. The Company neither endorses nor adopts and it is
not responsible for any Material provided to the Company by third parties.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE,
CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF
THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE TO PAY THE USER FOR
THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND
ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND
LINKS. A WARRANTY GIVES THE USER SPECIFIC LEGAL RIGHTS AND THE USER
MAY ALSO HAVE OTHER LEGAL RIGHTS UNDER THE APPLICABLE LAW.
Section 7. Disclaimers of Certain Damages
IF THE USER IS DISSATISFIED WITH ANY PORTION OF THE WEB SITE, ANY OF
THE MATERIALS, THE PERFORMANCE OF THE WEB SITE, OR WITH ANY PROVISION
OF THE AGREEMENT, THE SOLE AND EXCLUSIVE REMEDY OF THE USER IS TO DISCONTINUE
USING THE WEB SITE. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO
CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER NOR ANY THIRD
PARTY, ON ACCOUNT OF, BASED UPON, RELATING TO, OR CONNECTED WITH, USE
OF THE WEB SITE AND THE MATERIALS, FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF WHATSOEVER
NATURE OR KIND,, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH, THE USE OR PERFORMANCE OF THE WEB SITE, DELAY OR INABILITY TO
USE THE WEB SITE, PROVIDING OR FAILURE TO PROVIDE SERVICES, INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
Section 8. Indemnity
The user agrees to defend, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against any
losses, liabilities, damages, costs, fees, expenses, actions and causes
of action including, without limitation, reasonable legal, expert and
accounting fees, incurred in connection with any claims, actions or
demands alleging or resulting from (a) use of the Web Site and Material
by the User, (b) breach of this Agreement by the User, and/or (c) violation
of law or of the rights of any third party by the User. The Company
shall provide notice to the User of any such claim, suit, or proceeding
and, if it is one asserted by a third party, shall provide reasonable
assistance to you, at your expense, in defending any such claim, suit
or legal proceeding.
Section 9. Export Control of Software and Technical Data
The following applies with respect to Software and other Material of
a technical nature that the User may obtain from the Web Site (other
requirements set forth in Section 10 below may apply with respect to
items offered for sale, purchased or sold): The United States controls
the export of such items. The User agrees to comply with such restrictions
and not to export or re-export the Material (including Software) to
countries or persons prohibited under the export control laws. By downloading
the Material (including Software), the User agrees, represents and warrants
to the Company, that the User is not in a country where such export
is prohibited and that the User are not on the U.S. Commerce Department's
Table of Denial Orders or the U.S Treasury Department's list of Specially
Designated Nationals. The User is responsible for compliance with the
laws of the local jurisdiction where the User is located regarding the
import, export, or re-export of any Materials (including Software).
Section 10. Import and Export Regulations Regarding Tangible Property
The United States of America and most foreign countries regulate the
importing and exporting of tangible property. Many countries require
a declaration of export for property that is leaving the country. Furthermore,
most countries require an Import Declaration at the time of customs
clearance of property into that country. Upon import, these countries
may impose duties, other taxes and/or restrictions on the property.
Many countries also prohibit or restrict importation or exportation
of property containing ivory, tortoiseshell, whalebone, and/or products
derived from other endangered or protected animal species, and require
special licenses or permits to import or export such property. Other
countries regulate movement of antiquities and cultural items, which
in some cases are subject to a right of pre-emption or compulsory purchase
by the country from which they are to be exported. It is the responsibility
of the seller to ensure that the item is properly and lawfully exported
from the country in which it is located. It is the responsibility of
the buyer to ensure that the property is properly imported into the
country where the buyer is located. If the User participates in the
commerce portions of the Web site, and, as a result, purchase property
that the User plans to ship to another country, the User is responsible
for complying with all applicable laws, ordinances, rules and regulations
of the Cities, Counties and States within the United States of America,
and of the local jurisdictions and countries if the property is moved
between nations.
THE COMPANY MAKE NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY
WHATSOEVER TO ANY USER (WHETHER AS A SELLER OR A BUYER), NOR ANY THIRD
PARTY, REGARDING, RELATING TO, OR IN ANY MANNER CONNECTED WITH IMPORTING
AND/OR EXPORTING OF PROPERTY OF ANY NATURE OR KIND, INCLUDING, WITHOUT
LIMITATION, THE LEGALITY OF IMPORTING OR EXPORTING PROPERTY, THE REQUIREMENTS
FOR IMPORTING OR EXPORTING PROPERTY, THE AVAILABILITY OF VALID IMPORT
AND EXPORT PERMITS AND THE EXISTENCE OR EXERCISE OF PRE-EMPTION OR OTHER
RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
Section 11. General
The Company makes no claim that the Materials are appropriate for any
particular purpose or audience, or that they may be downloaded outside
of the United States. Access to some or all of the Materials (including
Software) may not be lawful by certain persons or in certain countries
and/or locations within a country. If the User access the Web Site,
the User is responsible for compliance with the laws of the jurisdiction
in which the User is located.
The primary place of business of he Company is in the County of Los
Angeles, State of California, United States of America. All claims,
demands, damages, fees, losses, actions or causes of action, arising
out of, relating to, or in any manner connected with the Web Site and/or
any of the Materials, including, but not limited to, the operation,
use and content, shall be interpreted in accordance with and determined
by the laws of the State of California, in the United States of America,
without respect to its conflict of laws principles. By using the Web
Site, the User agrees that the exclusive forums for any claims, demands,
damages, fees, losses, actions or causes of action, arising out of,
relating to, or in any manner connected with the Web Site and/or any
of the Materials shall be in the courts of the State of California and/or
in the United States District Court for the Central District of California,
that are located in the City of Los Angeles, County of Los Angeles,
State of California in the United States of America. By accessing the
Web Site, the User irrevocably waive, to the fullest extent permitted
by law, any objection which the User may now or hereafter have to venue
being in the courts of the State of California and/or in the United
States District Court for the Central District of California, located
in the City of Los Angeles, County of Los Angeles, State of California
in the United States of America, and also waives any claim that such
courts are an inconvenient forum.
If a Court of competent jurisdiction finds any provision of this Agreement
to be unlawful, invalid or unenforceable, the unlawfulness, invalidity
or unenforceability of such provision shall not affect the legality,
validity, and enforceability of the remaining provisions of this Agreement,
which shall remain in full force and effect. The failure of the Company
to exercise or enforce any right or provision of the Agreement shall
not constitute a waiver of such right or provision, and no waiver of
any term of this Agreement shall be deemed a further or continuing waiver
of such term or any other term. The User agrees that irrespective of
any statute or law to the contrary, any actions or causes of action,
arising out of, relating to, or in any manner connected with the Web
Site and/or any of the Materials must be filed within one(1) year after
such actions or cause of actions arise or shall be forever waived, barred
and unenforceable. This Agreement is the entire Agreement between the
User and the Company with respect to the use of the Web Site and/or
any Materials. Modifications and changes to this Agreement can be made
in writing, dated and signed by an authorized representative of the
Company, which shall be posted on the Web Site and shall be effective
from the time and date that they are first posted on the Web Site.