GENERAL TERMS OF USE FOR HONGKONG-CITY.COM
- Area of application
- User group
- Privacy
- Services of HongKong-City.com
- Property rights/Copyrights
- Rights and obligations of the User
- Exemption
- Rights and obligations of HongKong-City.com
- Termination/Restriction of services
- Warranty
- Liability
- Right of retention of HongKong-City.com/Termination of privileges
- Final clause
1. Area of application
1.1 These general Terms of Use of
Xinspirit Limited, Room 2104C, 21/F., Tower 1, Admiralty Centre, 18 Harcourt Road, Hong Kong, SAR
(”HongKong-City.com“) apply to all services
and content which can be found under the URL http://www.hongkong-city.com
(”HongKong-City-Site“) as well as on the associated Second and Third-Level-Domains
and additional pages which can be accessed through, or are mentioned on, the domain
HongKong-City.com. Exceptions to this clause are marked as ”Services of a third party“,
”Affiliates“ and are offered by a third party which is not connected to the domain HongKong-City.com.
For these services and sites, only the Terms of Use of the third party apply
and are not connected to those of HongKong-City.com.
1.2 For several of the services of HongKong-City.com, special Terms of Use may
apply. Should the special Terms of Use vary from the standard and general Terms
& Conditions, the special Terms of Use will apply and should be followed.
2. User group
2.1 In all individual services, the user group is controlled and regulated by
HongKong-City.com.
2.2 Age limits as well as additional authentication rules may be put in place and
enforced by HongKong-City.com for individual services.
2.3 The services of HongKong-City.com which require registration are open to people
of 14 years of age or over. People under 14 years of age require the consent of a
parent or legal guardian to register for one or more of these services.
2.4 The services of HongKong-City.com which require registration, include its additional
services, are only to be used for private, non-commercial purposes. Should the user use
the services of HongKong-City.com for commercial purposes nevertheless, the user takes
full responsibility for his/her actions. HongKong-City.com will not be held liable for
any losses of the user; the user however will compensate for any losses or disadvantages
HongKong-City.com has suffered through the user´s actions.
3. Privacy
3.1 HongKong-City.com respects the privacy and personal information of its users
and handles personal information and the privacy of its users with
great care.
Personal data will not be passed on but can be kept at a central
database in order to ensure the safety of the enterprise. Exceptions to this clause are
marked as "Services of a third party", "Affiliates" and are offered by a third party
which is not connected to the domain HongKong-City.com. For these services and sites,
only the Terms and Conditions of the third party apply and are not connected to those
of HongKong-City.com.
3.2 HongKong-City.com is authorized to use and pass on
anonymous user information
to third parties should the user consent or should the Data Protection Law allow it -
which include advertising customers - for demographical purposes. HongKong-City.com is
entitled to use the anonymous data and information for statistical purposes as well as
marketing research and quality control and management.
3.3 When a service which required personal details at registration is terminated, the
personal and private details which were requested will be deleted. An exception to this
rule is if further storage of the details is required by law.
3.4 HongKong-City.com would like to inform you that personal information will be processed
electronically.
4. Services of HongKong-City.com
4.1 The Services of HongKong-City.com are available to users ”as is“, without further
assurances and warranties. The usage of these mentioned services is free of charge unless
otherwise stated for individual services.
5. Property rights/Copyrights
5.1 The user is only permitted to upload, safe or send material for which the user has the
required rights and with which he does not violate any copyright laws or regulations and
with which he/she does not violate the rights of any third party. The creation and distribution
of pirated copies and/or copies which infringe the copyright laws is prohibited. The user is
responsible for checking that no copyright law is infringed when he/she uploads, safes, or
transmitted music, picture(s), software or other material.
5.2 The HongKong-City.com site and the services of HongKong-City.com are protected from
duplication or reproduction, misuse and tampering by property rights of its owner.
The illegal reproduction, distribution or publication of anything on the HongKong-City.com
site will be followed by HongKong-City.com though civil, and if necessary, lawful measures.
6. Rights and obligations of the user
6.1 Each user who utilizes one or more services of HongKong-City.com takes full
responsibility for his/her actions. This applies especially to information, messages,
images or other items which have been down-/up- loaded onto the HongKong-City.com server
for storage or further distribution.
6.2 Users of the services of HongKong-City.com are obligated to abide by the legal rules
and regulations as well as the laws of the Special Administrative Region Hong Kong.
Additionally, every user is obligated to abide by the youth protection law (Children and
Young Person´s Act).
This means that the services of HongKong-City.com shall not be misused for illegal activity.
Furthermore, the publication or distribution of illegal material such as pornographic and
discriminating material or material exhibiting , enforcing or encouraging violence is
prohibited. This incorporates material which can be reached through links which the user
has placed. Additionally prohibited is the distribution of unwanted mass e-mails, data and
all other forms of advertising or marketing messages (e.g. spam and e-mail bombing).
6.3 Additionally, the usage or sharing of offensive, ambiguous or other material whose
illegality can be assumed but not proven is prohibited.
6.4 User activity which runs the risk of compromising the security of HongKong-City.com,
leaves HongKong-City.com unable to function or complicated the use of HongKong-City.com is
prohibited, will be monitored privately and officially and can be punishable by law.
Prohibited is also any activity which would compromise the logistical and structural
functioning of HongKong-City.com.
6.5 Users of HongKong-City.com may not use the services of HongKong-City.com for commercial
purposes. Inconsiderate advertising, of any product or service other than those offered by
HongKong-City.com, is prohibited. Prohibited is also the mass sending of emails (especially
emails containing viruses or spam) which the receiver has not consented to.
6.6 The services of HongKong-City.com which do not require registration or payment may be
terminated any time.
6.7 For services which require registration, the user is obligated, in case of a misuse of
his/her account, to exonerate HongKong-City.com from all third parties. The user is also
obliged to safeguard his account from third parties and to keep his password private.
The user is liable for each of the illegal uses of his/her account should he/she be
responsible. The user is obliged to notify HongKong-City.com momentarily, should he/she
suspect that his/her account is being misused.
6.8 The user is only permitted to send data, notices or other material over a
HongKong-City.com services which require a registration if the recipient has explicitly
consented or consent is preconditioned.
7. Exemption
7.1 The user exonerates HongKong-City.com from all demands from third parties, which were
the result of an infraction of the section 6 and 7 listed duties and/or damaging actions
from HongKong-City.com and the user will provide adequate compensation and will take the
cost for any attorney, prosecution or any other costs which should arise. This also
applies to a misuse of the HongKong-City.com registration like the misuse of his/her
free e-mail through a third party, should he/she be found guilty.
8. Rights and obligations of HongKong-City.com
8.1 HongKong-City.com does not inspect material of users before they share or publicize
this material.
8.2 Should the user of HongKong-City.com not follow these Terms of Use or should he/she be
under the suspicion of not following these Terms of Use, HongKong-City.com is authorized
to delete all material which has been addressed to him/her and all material which has
been uploaded, send and/or saved onto his/her account and HongKong-City.com has liberty
to eliminate his/her account and ban all further use of HongKong-City.com and its
affiliates for him/her. HongKong-City.com will send an appropriate warning with a
deadline should a user violate the Terms of Use unless HongKong-City.com feels the
violations have been of such an extent that HongKong-City.com cannot give warning
and must take immediate action.
9. Termination/Restriction of services
9.1 HongKong-City.com is authorized to make services accessible, inaccessible or to
change or alter services at any time. This includes modifications or alterations to
these Terms of Use. HongKong-City.com is also authorized to introduce costs for
any particular service. HongKong-City.com will notify users beforehand if required.
9.2 Should the Terms of Use or the services of a service change for services which
require registration or payment, the user is able to terminate the contractual relationship
within 4 weeks of finding out something was changed. The termination should be in written
form only and a termination in any other form will not be seen as legitimate and will
therefore not be taken into effect. Written form includes a graphically signed fax.
Should the user not terminate his/her contract, the contractual relationship will continue,
incorporating the changed terms.
9.3 HongKong-City.com as well as its users are authorized to, for services for which
registration is mandatory, to terminate those services or the use of those services
with a 6 week notice.
9.4 Please be aware of the right of the user according to clause 6.6.
9.5 Unaffected thereof remains the termination rights of HongKong-City.com according
to clause 8.
10. Warranty
10.1 HongKong-City.com does not warrant that its services are available at all time
without flaws and on time. Due to technical difficulties which lie outside of the
sphere of influence of HongKong-City.com, access and transmission delays can occur.
HongKong-City.com does not warrant that send messages, data or other items reach the
recipient at all, on a certain date and/or complete should a mistake or error occur
outside the influence of HongKong-City.com.
10.2 HongKong-City.com would like to point out that computer programs are not perfect
and cannot be produced to work without fault. HongKong-City.com cannot guarantee that
HongKong-City.com and therefore the computer programs used are enough to meet the
expectations of any one user. The programs HongKong-City.com uses were not developed
and are not reliable enough to be used in dangerous surroundings like an Atomic
reactor, Aircraft communication and navigation systems, airspace controls, weapons
or defense systems, life support systems or other perilous situations in which the
failure of computer programs could lead to death or serious injury or damage of persons,
the surroundings and/or property. HongKong-City.com strongly discourages the usage of
its services in these types of situations and cannot be held liable should a failure
of its programs cause death or serious injury and damage to persons, property or the
surrounding area.
10.3 Through the activation of an e-mail filter it is not guaranteed that the user
will not receive unwanted e-mails. Activating a filter will only set in motion a
scanning program which will reduce the amount of unwanted emails but not eliminate
it completely.
11. Liability
11.1 HongKong-City.com will only be held liable if HongKong-City.com, its assistants
or legal representatives, are responsible for a misconduct or grossly negligent mistake.
This does not apply if HongKong-City.com, its assistants or legal representatives
violate the Terms of Use.
11.2 In the case of negligence of HongKong-City.com and/or its assistants or legal
representatives which caused losses including, but not limited to, financial loss,
unforeseeable loss, or untypical loss HongKong-City.com cannot be hold liable.
11.3 The legal liability regardless of any negligence or fault of
HongKong-City.com - especially product liability as well as a legal warranty - will
remain unaffected by the restriction of liability. The same applies if HongKong-City.com
should be responsible for any injury, should it be physical or physiological, to a user.
11.4 The points 10.1 to 10.3 encompass binding contracts and laws which are based on
the usage of the site and/or of the services of HongKong-City.com.
12. Right of retention of HongKong-City.com/Termination of privileges
12.1 Should the user fall behind in his/her payment of services of HongKong-Ccity.com,
HongKong-City.com is authorized to temporarily disable various services which can be
both free of charge and services which are offered against payment.
13. Final clause
13.1 A possible invalidity of one or more of the clauses contained within these
Terms of Use does not make all other clauses invalid. Invalid clauses are to be
replaced by clauses with the intended meaning and the same applies to possible
loopholes or gaps.
13.2 The law of Hong Kong, SAR applies. The usage of the UN-Buyer´s Right is not
permitted.
13.3 Through this contract or the usage of HongKong-City.com services, no
Joint-Venture-Contract or other type of relationship will be forged between
HongKong-City.com and the user.
Hong Kong, SAR, November 11, 2008
