条款和符合条件

SPECTRUM BRANDS HOLDINGS, INC. TERMS OF USE

Last Updated on August 29, 2016


谱品牌控股有限公司网站(每个,this/the "Site," and collectively, the "Sites") are operated by Spectrum Brands Holdings, Inc. or its affiliated companies or subsidiaries (collectively "Spectrum" or "us" or "we"). These Spectrum Terms of Use and any additional terms or conditions that we post on the Site from time-to-time ("Terms of Use") set forth the terms and conditions under which you may enter and use the Site and any services available on the Site which may include but are not limited to the following: the ability to purchase products through an online store or the ability to create a user profile and submit user generated content to the Site (collectively the "Services"). Registration to use the Services or some features of the Site may be necessary. As part of the registration process, you may be required to select a user name and password, which may require that you provide a screen name and/or a valid email address ("User ID"). Please read the Terms of Use carefully. By entering, accessing, or using the Site (or registering with the Site), you agree to the Terms of Use without limitation or qualification. If you do not agree to the Terms of Use (without limitation or qualification), you are not authorized to view or use the Site, and you must exit this Site, and cease all access to and use of the Site. The Terms of Use govern your access to and use of the Site regardless of the manner in which you access the Site (internet, mobile network, etc.).

BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

These Terms of Use state the legally binding terms with respect to your use of the Site. Spectrum reserves the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If Spectrum revises the Terms of Use, it will also revise the "Last Updated" date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the "TERMS" or "TERMS OF USE" hypertext link located at the bottom of the main page of the Site. Your continued entry to and/or use of the Site after Spectrum posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use.


1. General Use and Restrictions.

1.1. Use of Site.Conditioned upon, and subject to, your strict compliance with the Terms of Use, Spectrum grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by Spectrum in writing on the Site.

You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. Spectrum may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and Spectrum gives you express notice thereof.

1.2. Information Provided.If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy which we encourage you to review by clicking on the hypertext link located at the bottom of the main page of this Site. Spectrum's use of personal information that may be submitted by children to this Site is governed by the Privacy Policy.

1.3。使用内容。You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, "Content") that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below.

1.4. Restrictions.Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving Spectrum's express written permission. You further agree not to, without first obtaining Spectrum's express written permission, (a) use any of its brands, trademarks or service marks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

1.5 Account and Password.If we issue an account to use the Services to you (an "Account"), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a "Registered User"). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify Spectrum of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.


2. Submissions and User Generated Content.

2.1.The Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information and/or other materials (collectively, "User Generated Content"). We do not monitor all of the User Generated Content posted or transmitted by users and third party information providers. You may have the opportunity to answer surveys, ratings and questions posted on the Site by a Spectrum contractor. If you choose to respond, you will actually answer the survey, ratings and questions on the contractor's site and will be subject to the contractor's terms and conditions of use when you submit your responses. The contractor's terms of use can be accessed by clicking the designated link on the Site.

2.2.Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of Spectrum. Spectrum does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.

2.3.谱,在它的唯一的谨慎,编辑和/或remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing, Spectrum may edit or remove any User Generated Content you submit to the Site that Spectrum, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable or in violation of these Terms of Use, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.

2.4.You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information that is included in any User Generated Content that you submit to the Site.

2.5.By submitting User Generated Content to the Site, you hereby grant to Spectrum, its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such User Generated Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant Spectrum, its affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content. You understand and agree that visitors to the Site may use any User Generated Content you submit to the Site in accordance with these Terms of Use. User Generated Content submitted by you to this Site can be used according to these Terms of Use without compensation or acknowledgement to you.


3. User Generated Content Limitations.

3.1.You agree not to post User Generated Content that:

  1. 包含粗俗、亵渎、虐待或仇恨ful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
  2. 诽谤,威胁,贬低,炎症,虚假,误导性,欺骗性,欺诈性,不准确,不公平含有夸张或未誓言的索赔,对任何个人或社区都是无理的有害或冒犯,含有任何可行的陈述,或往往误导或反映不公平地对任何其他人,企业或实体;或者
  3. Violates or infringes any right of Spectrum or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party, or
  4. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
  5. Violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; or
  6. Unfairly interferes with any third party's uninterrupted use and enjoyment of the Site; or
  7. 除了专门针对此类目的的区域外,广告,促进或提供交易任何商品或服务;或者
  8. Contains copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
  9. Includes or transmits viruses or other harmful, disruptive or destructive files; or
  10. Disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
  11. "Flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
  12. Otherwise violates these Terms of Use.

3.2.Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.


4. Linking and Third Party Dealings.

4.1。Links to External Sites. Spectrum may provide hyperlinks to other web sites and Internet resources operated by parties other than Spectrum. Spectrum has no control over such sites and resources or their privacy policies or terms of use and Spectrum's policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

4.2。链接到网站。根据本第4条的进一步规定,频谱欢迎与其他网站的网站的链接。但是,如果频谱要求您没有链接到该网站的链接或网站的任何部分,则同意您不会直接或间接地链接到网站或网站的这些部分,随时随地在这种需求之后。


5.知识产权。

5.1 General.除了在公共领域中的内容,网站和所有内容以及内容的选择和安排,由(或许可)频谱或其供应商拥有,并受版权,贸易连衣裙,商标保护,除本文明确规定外,不公平竞争和/或其他法律,不得在全部或部分中使用,复制或模仿。除非在使用条款中表明提供的另有说明之外,频谱明确地保留了站点和内容中的所有权利。

5.2商标。品牌,徽标,商品名,商标(注册和普通法)和服务标志(注册和普通法)是频谱,其关联公司及其各自的许可方的财产。并非所有品牌,徽标,商品名,商标和频谱及其关联公司的服务标志出现在本网站上。除了上文第1.3节中明确提供的外,可以在整个或部分内容复制,模仿或使用,没有频谱之前的书面许可。此外,所有页眉,自定义图形,按钮图标和脚本都是频谱或其许可方的服务标记,商标和/或交易连衣裙,可能不会在整个或部分复制,模仿或使用,无频谱之前书面许可。


6. Parental Controls.

Pursuant to Title 47, United States Code, Section 230(d) as amended, Spectrum hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available which may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/). Spectrum does not endorse any of the products or services identified on the aforementioned third party website.


7. Rules for Contests, Sweepstakes, Activities, Surveys, and Similar Promotions.

任何抽奖、竞赛,挑战,活动,surveys, or similar promotions (each, a "Promotion") made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Spectrum strongly advises that anyone participating in any Promotion read the applicable rules for such Promotion, and to review Spectrum's Privacy Policy which, in addition to these Terms, governs any information submitted by any person participating in any Promotion.


8. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.

Spectrum respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 8. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:

By Mail:

谱品牌Holdings, Inc.
Legal/IP Division
Copyright Agent
3001 Deming Way
米德尔顿,WI 53562-1431

By Email:

copyright.noi@spectrumbrands.com

NOTE:本节8中的前述信息专门用于通知您的受版权保护的材料可能已被侵犯的频谱。所有其他咨询,例如产品或服务相关问题和请求,或隐私问题,不会通过此过程获得响应。


9. Indemnification.

您在此同意赔偿和持有无害的频谱及其关联公司,官员,会员,董事,雇员,股东,信息提供商,供应商,承包商和持牌人(统称,赔偿缔约方),并反对任何和所有责任和费用,包括但不限于,合理的律师费用,赔偿缔约方与任何违约或所称违约所产生的任何索赔有关的任何声明,您的任何使用条款。


10. Limitation of Liability.

10.1TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECTRUM, ITS LICENSORS OR THE INDEMNIFIED PARTIES BE LIABLE OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT. Subject to the below provision, in no event shall Spectrum's total liability to you for all damages exceed $10.00.

10.2NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT SPECTRUM'S LIABILITY (1) FOR PERSONAL INJURY OR DEATH (a) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT or b) CAUSED BY SPECTRUM'S OWN NEGLIGENT, INTENTIONAL OR OTHERWISE UNLAWFUL MISCONDUCT OR (2) FOR ANY DAMAGES CAUSED BY SPECTRUM'S FAILURE TO ADHERE TO COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION.


11.对网站的修改。

For the avoidance of doubt, Spectrum may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.


12. Governing Law and Jurisdiction.

网站托管在服务器位于团结d States and is intended to be viewed by residents of the United States. Although the information on this Site is accessible to users outside of the United States, the information on this Site pertaining to Spectrum products is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Site links to other sites produced by our affiliates or for our various brands, some of which are outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region. Spectrum reserves the right to limit provision of our products and/or Services to any person, geographic region or jurisdiction and/or to limit the quantities or any products and/or Services we provide. Any offer for any product or Service made on this Site is void where prohibited.

您的使用条款将被视为您在威斯康星州麦迪逊达成协议。使用条款以及所有与使用条款产生的事项,应由威斯康星州和美国的法律管辖,而不会对其法律规定的冲突产生影响,并不包括任何应用联合国国际货物销售合同公约,其申请明确排除在外。您同意坐在威斯康星州麦迪逊的联邦法院的独家管辖权和地点,除非没有联邦主题司法管辖区,在这种情况下,您同意坐在威斯康星州麦迪逊的国家法院的独家管辖权和地点。您在此特此不可撤销地放弃,以适用法律允许的最大程度,您现在或以后的任何异议都必须置于此类法院所带来的任何此类诉讼的地点,并任何索赔此类法院所带来的任何此类诉讼程序被带来了一个不方便的论坛。


13. General Provisions.

If any provision of the Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms of Use shall remain in full force and effect. Section headings are provided for convenience only, and shall not be read or interpreted to restrict any provision contained in the Terms. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Spectrum may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Spectrum to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If Spectrum brings any suit against you to enforce the Terms of Use or otherwise in connection with your use of and/or entry onto the Site, you agree that if Spectrum prevails in such suit Spectrum shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys' fees.


14. Forward-looking Statements.

This site may contain forward-looking statements which may involve risks and uncertainties. Actual results may differ from these statements as a result of changes in external competitive market factors, unanticipated changes in the company's industry, or economy in general, as well as various other factors, including those discussed herein and those set forth in Spectrum's most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission. The stock price performance shown on the stock quotes on the Site is not necessarily indicative of future price performance.

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