TERMS AND CONDITIONS FOR
FORUM USER REGISTRATION
IMPORTANT NOTE: By clicking “I agree to the above terms and conditions” below and applying to us for a right and/or a membership to access the Forum and/or our Services, you acknowledge and agree that you have carefully and thoroughly reviewed, fully understand and accept the terms and conditions in connection with your use of or our provision of the Forum and/or Services, as set out below. You further acknowledge and agree that these terms and conditions are legally binding and shall be observed by you as a condition to your using or accessing the Forum or the Services.
1.1 “User” shall hereinafter have the same meaning as “you”.
1.2 “We” and “us” and “our” shall mean Hong Kong Domain Name Registration Company Limited and/or Hong Kong Internet Registration Company Limited, as the context may dictate.
1.3 “Services” shall mean the provision by us of an online discussion platform, commonly known as “forum” at http://forum.hkirc.hk, or such other domain name(s) or web address(es) as may be designated by us from time to time, whereby individuals / entities, whether registered or otherwise, may post, upload, submit or make available to third party messages, information and/or materials subject to the terms and conditions herein.
1.4 “Forum” shall mean the online discussion platform referred to in Clause 1.3 above.
2. Your Responsibilities
2.1 You hereby warrant, represent and acknowledge that at all material times when you use or access the Forum or our Services, that:
(a) You will not use or access the Forum or our Services for any unlawful purpose and that you will abide by the laws of the Hong Kong Special Administrative Region (“HKSAR”) or any such laws which may apply in connection with the Forum or the Services or our provision of the same;
(b) You will be entirely, sole and absolutely responsible for all of your activities, conduct and behaviour in connection with the use of or access to the Forum or the Services;
(c) You will use or access the Forum or the Services, or any part thereof, at your own and sole risk;
(d) You will keep your login name and password solely and exclusively for your own personal use and shall safeguard them from being used by or otherwise disclosed to any third party;
(e) You will not provide us with any information, whether relating to you or at our request or otherwise, which is in any way false, incorrect, misleading, obsolete or incomplete. In the event there is change in any information you previously provided to us, you shall notify us immediately upon notice of such change;
(f) You will not use any device, process or method (including without limitation robots, spiders, site search or retrieval applications) to obtain, extract, retrieve, data-mine or otherwise reproduce any information or data (including without limitation personal information of other subscribers or users) in the Forum, any of our computer server or system whether or not related to the Forum or otherwise, or otherwise in connection with the Services;
(g) You will not hack, access without authorization or break into the Forum or the Services or any of our computer server or system, or attempting to do the aforesaid, or otherwise restrict any other authorized user from using the Forum or the Services;
(h) You will not alter, modify, adapt, translate, decompile, reverse-engineer, frame, use or deal with any portion of the Forum without our written authorization;
(i) You will not in any way represent (whether express or implied) that any information and/or materials uploaded, submitted or posted by you to the Forum or through the Services has been approved, licensed or endorsed by us, unless with our specific written consent;
(k) Without affecting the operation of sub-clause (j) above, you agree that you will provide us with such information as we may from time to time request in connection with your use of the Forum and/or the Services;
(l) You will not use the Services or use the Services to do anything which is in breach of any term or condition herein.
2.2 You hereby warrant, represent and agree that you will not reproduce, post, upload, distribute or otherwise make available to the Forum or through the Services any information, statement or material which:
(a) you do not have the right to so;
(b) is unlawful, defamatory, offensive, foul, abusive, insulting, threatening, misleading, deceptive, indecent, obscene, vulgar, pornographic or contrary to the public moral;
(c) may incite hatred or discrimination (whether ethnic, sex, original, colour, nationality, age or otherwise);
(d) denounces religious or political belief;
(e) may cause annoyance, discomfort, inconvenience or anxiety;
(f) may encourage the commission of crime or may result in public disorder or violence;
(g) infringes third party rights including without limitation intellectual property rights;
(h) contains or incorporates unsolicited or unauthorized advertising or promotional materials;
(i) contains or incorporates any computer viruses, worm, bomb, Trojan horse or any computer code, file or program or disruptive component which may or are designed to hamper, interrupt, limit or disable the functionality of any computer hardware or software or any computer or telecommunications equipment;
(j) impersonates any person or misrepresents your connection, association, affiliation or relationship with any person or entity, including us;
(k) contains any trade secret, proprietary or confidential material of any third party;
(l) engages spamming; or
(m) interferes with or disrupt the Service or computer servers or systems or networks connected to or with the Service, or flout or disobey any requirement, procedure, policy or regulation of any network connected to the Service.
3. Our Rights and Position
3.1 You hereby acknowledge and irrevocably agree and accept that we have the right to:
(a) deactivate, disable or cancel the Service or Forum, or any part of them, at any time without prior notice and without any liability to you of whatsoever nature;
(b) terminate, suspend or limit your login name or password or use or access to the Forum or the Services without prior notice and without the need to provide any reason;
(c) alter, modify, reduce or expand the scope or format or mode of the Services at our sole and absolute discretion;
(d) at any time and with immediate effect, introduce or charge or revise any fees for access or use of the Forum or the Services and/or revise, change or amend the terms and conditions herein.
(e) At any time and with immediate effect, revise, change and/or amend these Terms and Conditions as our consider-appropriate in our sole and absolute discretion.
3.2 You further acknowledge, irrevocably agree and accept that we:
(a) do not endorse, screen, vet, edit, monitor, censor or control any information or material posted, uploaded or otherwise made available by you or by any other person to the Forum or in connection with the Services, nor are we responsible for doing the aforesaid. You therefore agree and acknowledge that we do not and cannot guarantee or make any representation in connection with the accuracy, integrity, legality, reliability, completeness or quality of any information or material on the Forum or which you may access through or in connection with the Services.
(b) to the furthest extent permitted by the applicable law, are not liable for any loss, damage, liability, responsibility, injury, suffering, costs and/or expense of any kind resulting from or arising in connection with your use of or access to the Forum or the Services, whether under contract, tort or otherwise;
(c) cannot and it is impossible for us to review or check all the information and materials on the Forum or available on the Services, considering its nature;
(d) have the right and sole and absolute discretion to remove, delete, edit, amend, revise, move or disable the showing on the Forum or through the Services of any information or material, including without limitation those posted, uploaded and/or submitted by you, which we, in our sole and absolute discretion, consider inappropriate, unsuitable or unacceptable or may breach or is likely to breach any term or condition herein or any applicable law;
(e) have not transferred or licensed to you any rights, including without limitation intellectual property rights, by allowing you to use or access the Forum or the Services unless such rights expressly stated herein;
4. Disclaimer and Limitations
4.1 To the furthest extent permitted by the applicable law, we disclaim:
(a) any representation or warranty, whether oral, express or implied, as regards or in connection with the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Forum or the Services, or that the operation of the Forum or the provision of the Services would be uninterrupted or error-free, or that the Forum or Services or any information therein is free from defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment, or that any such defect, error, omission, virus will be corrected or rectified. The Forum and/or the Services are provided on an “AS IS” and “AS AVAILABLE” basis;
(b) any obligation to maintain the confidentiality of any information on the Forum or the Services unless required by the applicable law;
(c) any liability relating to any part of the Forum or Services and/or any information or material supplied, provided, distributed, disseminated or otherwise made available by or through the Forum or Services, or any failure or inability or delay to so supply, provide, distribute, disseminate or make available;
(d) any liability arising from or in connection with any termination, suspension, disruption or limitation of the Forum or the Services or any part thereof, or the right to use or access the same
4.2 You agree and accept that our maximum aggregate liability to you in respect of the Forum and the Services, except personal injury or death, shall in no event exceed HK$1,000.
4.3 Nothing in the Forum and/or the Services is intended to be or shall be construed to be any advice of any type whether by us or any third party.
4.4 Notwithstanding any legislative provision or law to the contrary, you agree and accept that any claim against us in connection with the Forum and/or Services shall not be filed later than six (6) calendar months from the date the relevant cause of action arose, failing which such cause(s) of action shall be considered forever time-barred.
5.1 You irrevocably agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees and representatives harmless from any claims, demands, liability, losses, damage, responsibility, costs and expenses (including legal fees on a full indemnity basis) which we or any of the above persons / entities sustained, suffered and/or incurred as a result of or arising from or in connection with any breach by you of any term or condition herein, or you violation or infringement of any third party rights, or your use or utilization of the Forum or the Services, or any parts thereof, or any information, statement and/or material which you post, upload or submit to the Forum or otherwise made available to any person through the Forum or the Services.
6. Private Use Only
6.1 You agree that you will not reproduce, duplicate, copy, offer for sale, sell, resell, or exploit the Forum or the Services, or any part thereof, for any commercial purpose. Any use, utilization or access to the Forum or the Services shall be for private purposes only.
7. Our Intellectual Property
7.1 You acknowledge and agree that the Forum and/or the Services and any necessary software used in connection with the Forum and/or Services contain proprietary and/or confidential information and are protected by applicable intellectual property and other laws. You further acknowledge and agree that the ownership of any such proprietary and/or confidential information have at all times remained with us or our licensor(s).
7.2 You shall not delete or change any copyright or proprietary notice on any information or material or advertisement (if any) on the Forum and/or in connection with the Services.
7.3 In connection with any information and/or materials (of whatever nature and in whatever form) which you post on, upload and/or otherwise made available to the Forum, you would and are deemed to have granted to us an irrevocable, perpetual, non-exclusive, freely transferable, assignable, worldwide and royalty-free license to use, reproduce, create derivative works from, distribute, transmit, perform, publish, display or otherwise deal in or with such information and/or materials in any media now known or hereafter developed as we in our sole and absolute discretion consider appropriate and whether for commercial purpose or otherwise;
8. Third Party Links
8.1 The Forum and/or the Services may contain and/or provide links to other Internet websites or resources. We have no control or authority over such websites and resources, and you hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, and that we do not endorse and are in no way responsible or liable for any information or materials on or available from such websites or resources. To the furthest extent permitted by the applicable law, we shall not be responsible or liable, whether directly or indirectly, for any damage, loss, liability, responsibility, costs and/or expenses caused or alleged to be caused by or arising from or in connection with your use of or reliance on any such third party information or material on or through such site or resource.
9.1 We may assign, transfer, convey, or sub-contract our rights and/or obligations hereunder, whether in whole or in part, to any person or entity at any time.
9.2 You shall not assign, transfer, convey, sub-contract or dispose of any of your rights or obligations hereunder to any person or entity without our prior written consent.
9.3 If any term of condition of these terms and conditions becomes or is declared or held to be illegal, invalid or otherwise unenforceable under the applicable law, such term or condition shall be severed from these terms and conditions and the remaining part shall be enforced to the fullest possible extent.
9.4 These terms and conditions constitute the entire agreement between you and us with respect to the Forum and the Services, and they shall supersede all other written or oral agreements and representations and any provisions in any documents sent by you to us, or vice versa.
9.5 Notice can be given by us to you by way of a general notice on the Forum or through the Services, or by ordinary mail or fax or electronic mail to you. Any notice sent by us to you shall be deemed to be received by you three (3) business days from the day sent or the general notice is given. Notice can be given to us by electronic mail to email@example.com or ordinary mail to Unit 2002-2005, 20/F ING Tower, 308 Des Voeux Road Central, Sheung Wan, Hong Kong or such other address as we may specify from time to time.
9.6 In the event of any dispute or differences between you and us in connection with the interpretation of any of sub-clauses 2.2(b) to 2.2(m) above, our decision and interpretation shall be final and conclusive.
9.7 These terms and conditions shall be governed by the law of the Hong Kong SAR. You and we agree to submit to the non-exclusive jurisdiction of the Hong Kong Courts in connection with any dispute or issues arising from these terms and conditions or in connection with the Forum or the Services.
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