TERMS OF USE

Welcome to KT Professional. The following terms and conditions of use, along with our privacy statement, govern our relationship with you in connection to this website. If you use or browse this website in any way, you agree to comply with and be bound by them. Please refrain from using our website if you disagree with any portion of these terms and conditions.

THESE TERMS AND CONDITIONS CONSTITUTE THE LEGALLY OBLIGATING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE, INCLUDING ALL FEATURES, CONTENT, TRADEMARKS, APPS, WIDGETS, AND ANY PURCHASES MADE THROUGH THIS WEBSITE.

All users of the website, including those who contribute information, content, other materials, or services, are subject to these terms and conditions. The use of this website is subject to the following terms of use:



LICENSE

In accordance with the terms and conditions of this license agreement (the “License”), KT PROFESSIONAL grants you a non-exclusive, non-transferable, revocable, limited license to use the photographs, images, artwork, and other written/visual materials that appear on the websites (the “Images/Files”). The Distribution Agreement between you and KT PROFESSIONAL, pursuant to which you have been granted permission to sell items, is referred to as the “Distribution Agreement.” Unless the context clearly dictates otherwise, capitalized terms used herein shall have the meanings assigned to them in the Distribution Agreement.



PROPRIETARY RIGHTS

You recognize and acknowledge that (a) KT PROFESSIONAL is the owner of all rights, title and interest in and to the Images/Files in any and all forms thereof, and is also the owner of the goodwill attached to or associated with the Images/Files, including that which arises from the sale of the Products, (b) all rights in and to the Images/Files/visuals are and shall remain the sole property of KT PROFESSIONAL, (c) your rights to use the Images/Files shall be governed by this License Agreement and the Distribution Agreement, and in the event of a conflict between the two agreements, the terms of this License Agreement shall govern, (d) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of KT PROFESSIONAL. Your use of the Images/Files will be in compliance with any rules or guidelines established by KT PROFESSIONAL in its sole discretion from time to time. You shall have no other rights to the Images/Files or any other intellectual property belonging to KT PROFESSIONAL or to any of its affiliates.



PERMITTED USES

During the term of the Distribution Agreement, KT PROFESSIONAL authorizes the Distributors to use the Images/Files in the Territory on or in relation to the Products for the sole purpose of exercising your rights and performing your obligations under the Distribution Agreement and only in such form and manner as are specifically approved in writing by KT PROFESSIONAL, in its sole discretion, and for no other purpose. KT PROFESSIONAL may withdraw its approval for any previously authorized use of the Images/Files upon notice to you at any time and, in such event, you shall immediately cease such use. You acknowledge that the Images/Files shall be deemed to be part of the “Promotional Materials and Artwork” described in the Distribution Agreement.



PROHIBITED USES

YOU MAY NOT

Use any image/file unless explicitly permitted by this License;
Duplicate any image/file thereof, for backup/archival purposes;
Sublicense, rent, lease, sell, lend or distribute the image/file to any third-party;
Use any image/file in electronic format, whether for online or offline purposes or in any other multimedia applications unless the image/file is incorporated for viewing purpose only. No permission is granted to any third-party to download or save the image/file;
Transfer this license to any other individual, business or legal entity;
Use, permit the use of, or attempt to register the images/files as a trademark or service mark which could result as infringement of right of publicity or other intellectual or proprietary right of any party;
Claim any proprietary rights of any kind with respect to the Images/Files or seek to register the copyright in or to the Images/Files;
Use any image/file in association with identifiable individuals, identifiable products or identifiable entities, except with the prior written permission of KT Professional or pursuant to the terms of this License or the Distribution Agreement;
User should not upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion;
Create scandalous, obscene, defamatory or immoral works that incorporate the images/files;
Use the Images/Files in connection with any product or service offered or sold by a competitor of KT Professional; or
Use the Images/Files for any purpose prohibited by law.



TERM

The term of this License shall continue throughout the term of the Distribution Agreement, provided that you are in compliance with the terms and conditions herein and with the terms and conditions of the Distribution Agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions or upon termination of the Distribution Agreement, whichever is first to occur. You agree, upon termination, to destroy all copies of the Images/Files of KT Professional content. Notwithstanding the foregoing, you shall immediately cease any use of the Images/Files (or such portion thereof as KT Professional shall designate) upon your receipt of notice from KT Professional that your rights to use the Images/Files (or a designated portion thereof) have terminated for any reason whatsoever.



NO WARRANTIES

The Images/Files Are Provided And Licensed By Kt Professional On An “As Is” Basis, Without Any Other Warranties Or Conditions, Express Or Implied, Including, Without Limitation Warranties Of Merchantable Quality, Satisfactory Quality, Merchantability, Fitness For A Particular Purpose, Title, Exclusivity, Non-Infringement, Or Those Arising By Law, Statute, Usage Of Trade, Course Of Dealing Or Otherwise. You Assume The Entire Risk As To The Results And Performance Of The Images/Files.



LIMITATION OF LIABILITY

In No Event Shall KT Professional Have Any Liability To You Or Any Third Party For Any Indirect, Incidental, Consequential, Special, Punitive Or Exemplary Damages Or Expenses Arising Out Of This License Whatsoever (Including But Not Limited To Any Damages Or Expenses For Any: Loss Of Use; Lost Profits; Lost Business; Lost Opportunity, Lost Data; Costs Of Procurement Of Substitute Goods Or Services; And, Business Interruption) Whether In An Action Based On Contract, Negligence Or Other Tortious Action, And Whether Or Not KT Professional Or Any Of Its Affiliates Have Been Advised Of The Possibility Of Such Damage Or Expense. These Limitations Shall Apply Notwithstanding Any Failure Of Essential Purpose Of Any Limited Remedy.