Welcome to Starbucks Hong Kong. PLEASE CAREFULLY REVIEW THE TERMS OF USE ("TOU") OF THIS SITE. As your use of the Site will indicate your acceptance of these terms, do not use the Site if you do not agree to be bound by these terms. We may periodically change the terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed items. This Site may contain additional terms that further govern use of the Site, including without limitation, particular features or offers (for example, games). If any terms contained in these terms conflict with any terms contained within this Site, then these terms shall control.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY
INFORMATION ABOUT STARBUCKS CORPORATION DBA STARBUCKS COFFEE COMPANY, AND/OR COFFEE CONCEPTS (HONG KONG) LIMITED ("STARBUCKS") ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT STARBUCKS. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING STARBUCKS, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING STARBUCKS FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
SERVICE This site will from time to time provide information relating to and activities organized by Starbucks; provide and maintain membership registration services; from time to time provide polling, links to electronic mail or news, download of screensaver, software and other materials, etc. ("Service").
YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Starbucks has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy. link to the privacy policy
MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Starbucks of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Starbucks cannot and will not be liable for any loss or damage arising from your failure to comply.
MEMBER CONDUCT You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Starbucks are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. Starbucks does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Starbucks be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
You agree to not use the Site to:
(a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users.
You acknowledge that Starbucks does not pre-screen Content, but that Starbucks and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, Starbucks and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Starbucks or submitted to Starbucks, and in all other parts of the Site.
You acknowledge, consent and agree that Starbucks may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOU; (c) respond to claims that any Content violates the Rights of third-parties; (d) respond to your requests for customer service; or (e) protect the Rights, property, or personal safety of Starbucks, its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside. When you are on any international Starbucks property, you are bound by the relevant Terms of Use and applicable laws governing that Starbucks property.
PUBLIC CONTENT POSTED TO STARBUCKS
(a) For purposes of the TOU, "publicly accessible areas" of the Site are those accessible by the general public.
(b) With respect to all other Content you elect to post to other publicly accessible areas of the Site, you grant Starbucks the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that all "moral rights" have been waived.
INDEMNITY You agree to indemnify and hold Starbucks and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the TOU, or your violation of any Rights of another.
NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Site, or access to the Site.
MODIFICATIONS TO THIS SITE Starbucks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Starbucks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
TERMINATION You agree that Starbucks in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Starbucks believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Starbucks may also in its sole discretion and at any time discontinue providing service of the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Starbucks may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Starbucks shall not be liable to you or any third-party for any termination of your access to the Site.
DEALINGS WITH ADVERTISERS AND MERCHANTS Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) Starbucks shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Site, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Site (including, without limitation, Starbucks Shopping) are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
LINKS The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Starbucks has no control over such sites and resources, you acknowledge and agree that Starbucks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Starbucks shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
STARBUCKS' PROPRIETARY RIGHTS You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Starbucks or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Starbucks grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Starbucks for use in accessing the Site.
DISCLAIMERS YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STARBUCKS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B Starbucks does not guarantee that the functions contained in the Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Starbucks is aware of them.
C MINORS:Starbucks asks that parents supervise their children while online. No information should be posted by minor children without parental consent.
D ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
E NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STARBUCKS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STARBUCKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OF THESE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF STARBUCKS.
NOTICE Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site.
COPYRIGHT AND TRADEMARK Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Starbucks and/or its subsidiaries and affiliates or by other parties that have licensed their material to Starbucks. Starbucks marks on this Site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Starbucks or Starbucks U.S. Brands Corporation under license to Starbucks. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Starbucks worldwide proprietary ownership rights, and Starbucks may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved.
GENERAL INFORMATION These TOU (including the guides and rules referred to herein) constitute the entire agreement between you and Starbucks and govern your use of the Site, superseding any prior agreements between you and Starbucks. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and Starbucks shall be governed by the laws of Hong Kong Special Administrative Region ("HKSAR"). You and Starbucks agree to submit to the exclusive jurisdiction of the HKSAR courts. Any failure by Starbucks to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any
provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
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