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TOSGENERAL TERMS OF USE FOR HONGKONG-CITY.COM1. Area of application 2. User group 3. Privacy 4. Services of HongKong-City.com 5. Property rights/Copyrights 6. Rights and obligations of the User 7. Exemption 8. Rights and obligations of HongKong-City.com 9. Termination/Restriction of services 10. Warranty 11. Liability 12. Right of retention of HongKong-City.com/Termination of privileges 13. Final clause 1. Area of application 1.1 These general Terms of Use of Xinspirit Limited, China Resources Building, 26 Harbour Road, Wanchai, 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 and 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 |