“Affected Provision” shall have the meaning ascribed thereto in Clause 19 below.
“Force Majeure Event” in relation to a person or entity, shall mean an event or a failure which is beyond that person's or entity's reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; hurricane; typhoon; tsunami; earthquake; natural or other disasters; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; disease outbreaks, epidemics or quarantine or travel restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; acts of terrorism; strikes, lockouts, work stoppages or labour disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.
“LOWKEI Import/Export LLC Content” shall mean this Website, and all content, information, applications, programs, texts, images, links, sounds, graphics, videos, software and other materials displayed or made available on this Website, and all files within and attachments transmitted through this Website and all data within such files and attachments, but excluding Third Party Content.
“LOWKEI Import/Export LLC” shall mean Global Sources Ltd., a Bermuda corporation, and its subsidiaries (including Publisher) from time to time.
“LOWKEI Import/Export LLC” shall mean Publisher and other members of the Global Sources Group, and any directors, officers, employees, representatives, agents, service providers and/or assigns thereof.
“Intellectual Property Rights” shall mean all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Liabilities” shall mean claims, demands, damages, losses, liabilities, settlement sums, suits, actions, proceedings, judgments, fines, penalties, charges, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis.
“Overall Content” shall mean the LOWKEI Import/Export LLC and the Third Party Content, collectively.
“Password” shall refer to the valid password that is used in conjunction with the Username to access and use password-protected and/or secure areas of this Website that are restricted to authorised users only.
“Publisher” shall have the meaning ascribed thereto in the first paragraph of the opening section above.
“Relevant Activity” in relation to any product appearing in this Website and/or any of the Overall Content, shall mean any one or more of the following (as the context requires): the import, export, storage, transportation, transit, customs clearance, delivery, use, advertising, display, reproduction, offer, sale, supply, purchase, provision or re-sale of such product or any transaction, activity or dealing in respect of any such product.
“Specific Services” shall mean those services, provided by relevant members of the LOWKEI Import/Export LLC in or through this Website.
“Specific Terms” shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant members of the Global Sources Group in relation to such Specific Services, or those contained in respective agreements entered into between Visitors and relevant members of the LOWKEI Import/Export LLC in relation to such Specific Services.
“Third Party Content” shall mean those content, information, applications, programs, texts, images, links, sounds, graphics, videos, software and other materials displayed in or made available in or through, included in, posted through, or linked through, this Website (including all files within and attachments transmitted through this Website and all data within such files and attachments), which are submitted by, originate from, are provided by, are obtained from or pertain to third party websites or other third parties, and in or to which the Intellectual Property Rights are not owned by members of the LOWKEI Import/Export LLC.
“Third Party Licensors” shall mean the respective owners (not being members of the LOWKEI Import/Export LLC) of the titles, rights and interests in or to the Third Party Content.
“Trade Marks” shall have the meaning ascribed thereto in Clause 3 below.
“Username” shall refer to the unique login identification name or code which identifies a Visitor who registers with this Website.
“Visitor” shall mean the individual or entity who, or the individual or entity whose agent or representative, accesses and/or uses this Website, or the services, features and functionalities provided in or through this Website, or any of the Overall Content.
“Website” shall mean the website on the Internet owned and/or operated by Publisher and the homepage of which is presently located at www.lowkei.com.