Last amended on May 3, 2018 and effective as of June 19, 2018.
Starbucks China Company Limited (“Starbucks China”) and its affiliates (collectively, “Starbucks” or “we”) operate and manage the Starbucks China official website at starbucks.com.cn (also accessible through www.starbucks.cn) and other internet websites in mainland China (the “Starbucks Websites”).
You declare that you are at least 18 years old (or have obtained your parents or legal guardian’s consent if you are under the age of 18 years) and confirm that you are fully capable of understanding, accepting and complying with these Terms and Conditions.
All text, graphics, pictures, photos, trademarks, logos, signs, sounds, music, art works, videos, etc. Starbucks publishes on the Starbucks Websites (the “Website Contents”) are exclusively proprietary to Starbucks, controlled by Starbucks, or permitted for use by Starbucks, and are protected by relevant intellectual property laws.
The prices for all products and services that are displayed on the Starbucks Websites are quoted in PRC Renminbi Yuan and are valid only for designated stores in mainland China. Starbucks has the right, without prior notice, to rescind or change the prices and specifications of the products and services offered on the Starbucks Websites.
You acknowledge that the Starbucks Websites may operate with malfunction or errors; the Starbucks Websites and the servers that support the website services may suffer attacks from poisonous or destructive codes or programs (such as viruses, worms, Trojans, etc.); the Website Contents may be outdated or change after being posted online. To the fullest extent as permitted by law, Starbucks does not make any express or implicit representations and warranties on the accuracy, completeness, timeliness, reliability, safety, etc. of the Starbucks Websites and Website Contents.
Starbucks has the right, from time to time, without prior notice, to make changes to the Starbucks Websites and Website Contents, and to decide to temporarily or perpetually shut down the Starbucks Websites.
USE OF THE STARBUCKS WEBSITES
You may only use the Starbucks Websites in accordance with these Terms and Conditions.
As long as you comply with these Terms and Conditions, Starbucks hereby grants you a non-exclusive, non-transferable and limited permission for personal and non-commercial use of the Starbucks Websites. However, such limited permission shall not, under any circumstances, be deemed as granting their intellectual property rights by Starbucks.
RESTRICTIONS ON THE USE OF THE STARBUCKS WEBSITES
You agree not to:
(1) transmit to or post on the Starbucks Websites any information, data, text, files, links, software or other materials Starbucks considers unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, fraudulent, misleading, racially, ethnically or otherwise objectionable or damaging the relationships with our employees, partners, customers or suppliers;
(2) attempt to conceal or misrepresent the identity of the sender or person submitting the information or the sources of any contents or services;
(3) disrupt the normal operation of the Starbucks Websites, adversely affect other users in using the Starbucks Websites, or conduct any act that is deemed inappropriate by Starbucks;
(4) send spam emails or other marketing communications or use the Starbucks Websites for advertising, conducting promotional and/or marketing activities or any conducts of commercial solicitation;
(5) intentionally or unintentionally perform or solicit others to perform any activity that may violate any applicable laws and regulations, or produce, copy, post and/or propagate any content in violation of any applicable laws and regulations;
(6) post or transmit executable programs of any kind, including viruses, spyware, Trojans, backdoors and/or similar malware, Easter eggs or any other form of programming;
(7) post information or use the Starbucks Websites in such a way that damages the image or rights of Starbucks and Indemnitees, other users, or third-parties;
(8) create any contents, forms or links from any other website pertaining to any portion of the Starbucks Websites; and
(9) copy, distribute, upload, post, transmit, edit, show, create derivative works or take any similar acts on the Starbucks Website and Website Contents.
You acknowledge and agree that if you use the Starbucks Websites and/or Website Contents without prior permission from the appropriate right holder, or violate relevant laws and regulations or these Terms and Conditions when using the Starbucks Websites (including, but not limited to, posting User Submitted Information), Starbucks and Indemnitees may suffer irreparable losses and damages. In such event, Starbucks has the right, at its sole discretion, to terminate any permission granted to any users, remove relevant contents, keep records and report to the relevant authorities, initiate any legal proceeding or take any actions and/or measures permitted by the laws and regulations. Starbucks’ failure or delay in taking any of such actions does not constitute a waiver of their rights to enforce these Terms and Conditions. In such event, you also agree to defend and indemnify Starbucks and Indemnitees from any losses or damage.
Starbucks reserves the right, at its sole discretion and for whatever reason, to reject or rescind your visit to the Starbucks Websites. Your visit to the Starbucks Websites will end when these Terms and Conditions are terminated for any reasons.
LICENSE TO SUBMIT INFORMATION BY USERS
As long as you comply with these Terms and Conditions, Starbucks hereby grants you with a non-exclusive, non-transferrable and limited license for personal and non-commercial purpose to submit materials to Starbucks and/or posting on the Starbucks Websites your opinions, ideas, or other information (including, but not limited to, photos, graphics, videos and comments) (the “User Submitted Information”). You submitted the User Submitted Information on a voluntary and free basis.
You grant to Starbucks and their designees a worldwide, perpetual, irrevocable, non-exclusive license, without restriction of any kind, to permit Starbucks and their designees to use the User Submitted Information you post and any parts thereof, without payment or consideration of any kind, and without any report, permission or notification to you or any third-party (the “User Submitted Information License”).
WARRANTY ON THE USER SUBMITTED INFORMATION
By submitting to the Starbucks Websites the User Submitted Information, you hereby represent and warrant that:
(1) you own or control all of the rights to the User Submitted Information and any parts thereof;
(2) you have obtained permission from the appropriate third-party owner or right holder of all relevant contents in the User Submitted Information to use such contents and submit them as part of the User Submitted Information in accordance with these Terms and Conditions;
(3) you have received all of the required permission from the persons referred to, identified or specified in the User Submitted Information to submit such information to the Starbucks Websites in accordance with these Terms and Conditions; and
(4) your User Submitted Information will not infringe on any intellectual property rights or any other right of a third-party.
You are responsible for the contents of the User Submitted Information and agree to indemnify and hold Starbucks and Indemnitees harmless from any losses and damage that may incur as a result of, or use of, the User Submitted Information by Starbucks and Indemnitees.
You agree that, unless otherwise as agreed with Starbucks in writing, you hereby irrevocably and perpetually waive your right to bring any claims against Starbucks and Indemnitees and any other remedy or right with respect to your User Submitted Information, and release Starbucks and Indemnitees from all liabilities (if any).
RESTRICTIONS ON THE USER SUBMITTED INFORMATION
LINKS TO THIRD-PARTIES’ WEBSITES
Some links that may exist on the Starbucks Websites will direct you to some websites that are not under the operation or control by Starbucks. Starbucks is providing these links only for courtesy purpose. The set-up of the links neither constitutes an endorsement by Starbucks on these websites, nor implies that Starbucks is responsible for the contents on the websites which are linked to the Starbucks Websites. You shall assume the risks and consequences which may arise from your visits to and use of these websites.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, you agree that Starbucks and Indemnitees shall not be liable or responsible to you or any third-parties for any losses or damage which might be incurred as a result of any of the following circumstances, including, without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss and/or damage arising from or, in any way, in connection with a business interruption, whether in tort, contract or otherwise:
(1) the use or failure to use the Starbucks Websites or the information and services they contain (including, without limitation, the links on the Starbucks Websites, which may direct you to third-party websites, etc.);
(2) the use of materials and services on any third-party websites linked to the Starbucks Websites; or
(3) the use of any User Submitted Information.
COPYRIGHT AND TRADEMARK INFORMATION
Unless as otherwise specified, all of the Website Contents are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Starbucks or by other parties that have licensed their contents to Starbucks.
All of the Starbucks’ trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Starbucks Websites are the property of Starbucks. In countries where any of the Starbucks’ trademarks, service marks, domain names, logos, company names, or indicia of origin are not registered, Starbucks claims other rights associated with such unregistered trademarks, service marks, domain names, logos, trade names, company names and indicia of origin. Other products or company names referred to on the Starbucks Websites are owned by their respective owners.
You may not use any trademark, service mark, domain name, logo, company name, or indicia of origin of Starbucks or any third-parties without permission from the related owner of such trademark, service mark, domain name, logo, company name, trade name or indicia of origin.
AMENDMENTS TO THESE TERMS AND CONDITIONS
Starbucks encourages you to regularly check these Terms and Conditions, learn about the latest version, and consider whether or not to continue to use the Starbucks Websites. Starbucks has the right to amend these Terms and Conditions from time to time. Starbucks will post the amendments and changes to these Terms and Conditions or the amended Terms and Conditions on the Starbucks Websites, upon which, such amendments or changes or amended Terms and Conditions will take effective. If you use the Starbucks Websites on or after the effective date of any such amendment, it will be deemed that you agree to the amended Terms and Conditions.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions are governed by, and shall be interpreted in accordance with the laws of China.
Any dispute, controversy or claim arising from or relating to these Terms and Conditions shall be settled through friendly consultations between you and the relevant parties of any such dispute, controversy or claim. If the parties fail to reach the settlement within thirty (30) days after a party’s initial request to resolve through consultation, it shall be finally resolved through arbitration by Shanghai International Economic and Trade Arbitration Commission in Shanghai in accordance with the arbitration rules of Shanghai International Economic and Trade Arbitration Commission then in effect at the time of arbitration.
If any part of these Terms and Conditions is unlawful, invalid or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.
Unless as otherwise defined in these Terms and Conditions, the terms used in these Terms and Conditions shall have the following meaning:
(2) “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under joint control with Starbucks;
(3) “Starbucks and Indemnitees” means Starbucks and their officers, directors, employees, shareholders or agents, and each of their respective successors and assignees.
If you have any questions about these Terms and Conditions, you may contact us through any of the following ways: Customer Care Hotline: 400-820-6998, Tel: 86-21-24125888, Fax: 86-21-24125999, E-mail: email@example.com.