NEVER GIVE UP / WHY NOT HONG
KONG TERMS OF USE
The following terms and conditions (the “Terms and Conditions”)
govern your use of the Never Give Up / Why Not Hong Kong Web Site located
at www.whynot-hongkong.com (the
“Site”). The Site is made available by Never Give Up (“Never
Give Up” or “we” or “us”). We may change the Terms and
Conditions from time to time, at any time without notice to you. BY USING THE
SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE
OF THE SITE. If you do not agree to these Terms and Conditions, you may not
access or otherwise use the Site.
PROPRIETARY RIGHTS.
As between you and Never Give Up owns, solely and exclusively, all rights,
title and interest in and to the Site, all the content (including, for example,
audio, photographs, illustrations, graphics, other visuals, video, copy,
software, etc.), code, data and materials thereon, the look and feel, design
and organization of the Site, and the compilation of the content, code, data
and materials on the Site, including but not limited to any copyrights,
trademark rights, patent rights, database rights, moral rights, sui generis
rights and other intellectual property and proprietary rights therein. Your use
of the Site does not grant to you ownership of any content, code, data or
materials you may access on the Site. You may view the content on the Site on
your computer or other internet compatible device, and make single copies or
prints of the content on the Site for your personal, internal use only. The
Site and the services offered on or through the Site, including any content and
materials thereon, are only for your personal, non-commercial use. Any
commercial distribution, publishing or exploitation of the Site, or any
content, code, data or materials on the Site, is strictly prohibited unless you
have received the express prior permission of Never Give Up or the applicable
rights holder. You may not otherwise download, display, copy, reproduce,
distribute, modify, perform, transfer, create derivative works from, sell or
otherwise exploit any content, code, data or materials on the Site. If you make
other use of the Site, or the content, code, data or materials thereon, except
as otherwise provided above, you may violate copyright and other laws of Hong
Kong, other countries, as well as applicable state laws and may be subject to
liability for such unauthorized use. Never Give Up will enforce its
intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution.
COPYRIGHT
All copyright rights in the text, images, photographs, graphics, user
interface, music and other content provided on the Website, and the selection,
coordination, and arrangement of such content, are owned by Never Give Up or
its third-party licensors to the full extent provided under the United States
Copyright Act and all international copyright laws. Under applicable copyright
laws, you are prohibited from copying, reproducing, mosiriusdifying,
distributing, displaying, performing, or transmitting any of the contents of
the Website for any purposes. Nothing stated or implied on the Website confers
on you any license or right under any copyright of Never Give Up or any third
party.
The Website and the information contained in reference herein are for your
personal, non-commercial use only. Except as otherwise specifically permitted
herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate,
modify, publish, rent, sell, publicly display, perform, distribute, transmit,
or circulate to anyone the contents of the Website, or use the contents of the
Website in litigation, or for any commercial or promotional purposes, without
the express written consent of Never Give Up or its lawful successors and
assigns.
For usage permission, please contact us via e-mail
USER INFORMATION.
In the course of your use of the Site, you may be asked to provide certain
personalized information to us (such information referred to hereinafter as
“User Information”). Our information collection and use policies with
respect to the privacy of such User Information are set forth in the Never Give
Up Web Site Privacy Policy which is incorporated herein by reference for all
purposes. You acknowledge and agree that you are solely responsible for the
accuracy and content of User Information, and you agree to keep it up to
date.
UNSOLICITED MATERIALS.
Unless specifically requested, we do not solicit nor do we wish to receive any
confidential, secret or proprietary information or other material from you
through the Site, by e-mail or in any other way. Any information, creative
works, demos, ideas, suggestions, concepts, methods, systems, designs, plans,
techniques or other materials submitted or sent to us (“Submitted
Materials”) will be deemed not to be confidential or secret, and may be
used by us in any manner consistent with the Never Give Up Web Site’s Privacy
Policy. By submitting or sending Submitted Materials to us, you: (i) represent
and warrant that the Submitted Materials are original to you, that no other
party has any rights thereto, and that any “moral rights” in
Submitted Materials have been waived, and (ii) you grant us a royalty-free,
unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sublicensable right and license to use, copy, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such material (in whole or part) and/or to incorporate it
in other works in any form, media, or technology now known or later developed.
We cannot be responsible for maintaining any Submitted Material that you
provide to us, and we may delete or destroy any such Submitted Material at any
time.
USER CONDUCT.
You warrant and agree that you shall not: (a) impersonate any person or entity
or misrepresent your affiliation with any other person or entity; (b) upload,
post, publish, transmit, reproduce, distribute or in any way exploit any
information or other material obtained through the Site for commercial purposes
(other than as expressly permitted by the provider of such information or other
material); or (c) attempt to gain unauthorized access to other computer systems
through the Site. You may not: (i) engage in spidering, “screen
scraping,” “database scraping,” harvesting of e-mail addresses,
wireless addresses or other contact or personal information, or any other
automatic means of obtaining lists of users or other information from or
through the Site or the services offered on or through the Site, including
without limitation any information residing on any server or database connected
to the Site or the services offered on or through the Site; (ii) obtain or
attempt to obtain unauthorized access to computer systems, materials or
information through any means; (iii) use the Site or the services made available
on or through the Site in any manner with the intent to interrupt, damage,
disable, overburden, or impair the Site or such services, including, without
limitation, sending mass unsolicited messages or “flooding” servers
with requests; or (iv) use the Site or the Site’s services in violation of any
applicable law. You further agree that you may not attempt (or encourage or
support any one else’s attempt) to circumvent, reverse engineer, decrypt, or
otherwise alter or interfere with the Site or the Site’s services, or any
content thereof, or make unauthorized use thereof. You agree that you will not
use the Site in any manner that could damage, disable, overburden, or impair
the Site or interfere with any other party’s use and enjoyment of the Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
Never Give Up may, from time to time, make messaging service, chat service,
bulletin board, other forums and the like available on the Site. In addition to
any other rules or regulations that we may post in connection with a messaging
service, chat service, bulletin board or other forum on the Site or offered
through a service on the Site, you agree that you shall not upload, post,
transmit, distribute or otherwise publish through the Site or any service
offered on or through the Site, any materials which (i) restrict or inhibit any
other user from using and enjoying the Site or the Site’s services, (ii) are fraudulent,
unlawful, threatening, abusive, harassing, libelous, defamatory, obscene,
vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii)
constitute or encourage conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, national or
international law, (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, trade secret,
confidentiality, contract, patent, rights of privacy or publicity or any other
proprietary right, (v) contain a virus, spyware, or other harmful component,
(vi) contain advertising, chain letters or pyramid schemes of any kind, or
(vii) constitute or contain false or misleading indications of origin,
endorsement or statements of fact. You alone are responsible for the content
and consequences of any of your activities. You further agree not to
impersonate any other person or entity, whether actual or fictitious, including
anyone from the Site. Never Give Up reserves the right, but does not have an
obligation, to monitor and/or review all materials posted to the Site or
through the Site’s services by users, and we are not responsible for any such
materials posted by users. However, we reserve the right at all times to
disclose any information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in our sole discretion are objectionable
or in violation of this Terms of Use, Never Give Up’s policies or applicable
law.
You agree that if you include a link from any other Web site to the Site, such
link shall open in a new browser window. You agree not to link from any other
Web site to this Site in any manner such that the Site, or any page of the
Site, is “framed,” surrounded or obfuscated by any third party
content, materials or branding. We reserve the right to revoke your right to
link to the Site from your Web site at any time upon written notice to you.
You agree to defend, indemnify and hold Never Give Up and its directors,
officers, members, managers, employees and agents harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys’ fees,
arising in any way from your use of the Site, your placement or transmission of
any message, content, information, software or other materials through the
Site, or your breach or violation of the law or of these Terms and Conditions. Never
Give Up reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with Never Give Up’s defense of such claim.
ORDERS FOR PRODUCTS AND SERVICES.
We may make certain products available to visitors and registrants of the Site.
You may only order products if, and you hereby represent and warrant that, you
are domiciled in Hong Kong and you are 18 years old or older. You agree to pay
in full the prices for any purchases you make either by credit/debit card
concurrent with your online order or by other payment means acceptable to us.
You agree to pay all applicable taxes. If payment is not received by us from
your credit or debit card issuer or its agents, you agree to pay all amounts
due upon demand by us. You agree that you are not permitted to resell any
products purchased through this Site for commercial purposes.
THIRD PARTY WEB SITES.
You may be able to link from the Site to third party Web sites (“Linked
Sites”). You acknowledge and agree that we have no responsibility for the
information, content, products, services, advertising, code or other materials
which may or may not be provided by or through Linked Sites. Links to Linked
Sites do not constitute an endorsement by us of such web sites or the
information, content, products, services, advertising, code or other materials
presented on or through such web sites.
The inclusion of any link to such sites on our Site does not imply Never Give
Up’s endorsement, sponsorship, or recommendation of that site. Never Give Up
disclaims any liability for links (1) from another web site to this Site and
(2) to another web site from this Site. Never Give Up cannot guarantee the
standards of any web site to which links are provided on this Site nor shall Never
Give Up be held responsible for the contents of such non-Never Give Up sites,
or any subsequent links. For this reason, Never Give Up does not represent or
warrant that the contents of any third party web site is accurate, compliant with
state or federal law, or compliant with copyright or other intellectual
property laws. Also, Never Give Up is not responsible for web casting or any
other form of transmission received from any linked web site. Any reliance on
the contents of a third party web site is done at your own risk and you assume
all responsibilities and consequences resulting form such reliance.
RISK OF LOSS
All products purchased from the Website are transported and delivered to you by
an independent carrier not affiliated with, or controlled by Never Give Up.
Title to products purchased on the Website, as well as the risk of loss for
such products, passes to you when Never Give Up delivers these items to the
carrier.
PRODUCT INFORMATION
Never Give Up attempts to be accurate in describing its products. We do not
warrant that product descriptions or other content of the Website are complete,
reliable, current, or error-free. Most Never Give Up products displayed on the
Website are available in select retail stores. In some cases, merchandise
displayed for sale at the Website may not be available in retail stores. Unless
otherwise stated, the prices displayed at the Website are quoted in Hong Kong
Dollars.
COLORS
We have made every effort to display as accurately as possible the colors of
our products that appear at the Website. As the actual colors you see depend on
your computer monitor, however, we cannot guarantee that your monitor’s display
of any color will be accurate.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
The site is provided by NEVER GIVE UP on an ”Asis” and ”as available” basis. To
the maximum extent permitted by law, NEVER GIVE UP makes no representations and
warranties of any kind, express or implied, as to the operation of the site or
the information, content, third party content, materials, products, services or
linked services provided on or through the site, including without limitation,
that the information provided through the site will be free from error,
omission, interruption, defect, or delay in operation, or from technical
inaccuracies or typographical errors that the site will be available at any
particular time or location; that defects or errors in the service will be
corrected; or that the content on the site is free of viruses or other harmful
components. Any information on the site is subject to change without notice,
and we disclaim all responsibility for these changes. You expressly agree that
your use of the site is at your sole risk.
To the maximum extent permitted by law, NEVER GIVE UP disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose.
In no event will NEVER GIVE UP, or any party involved in creating, producing, or delivering the site, be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the site or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that your provided to NEVER GIVE UP through the site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitation may not apply, and you may have additional rights.
APPLICABLE
LAWS.
We control and operate the Site from our offices in Hong Kong. We do not
represent that materials on the Site are appropriate or available for use in
other locations. Persons who choose to access the Site from other locations do
so on their own initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable. All parties to these terms and
conditions waive their respective rights to a trial by jury.
TERMINATION.
Never Give Up may terminate, change, suspend or discontinue any aspect of the
Site or the Site’s services at any time. Never Give Up may restrict, suspend or
terminate your access to the Site and/or its services if we believe you are in
breach of our terms and conditions or applicable law, or for any other reason
without notice or liability. Never Give Up maintains a policy that provides for
the termination in
appropriate circumstances of the Web Site use privileges of users who are
repeat infringers of intellectual property rights.
CHANGES TO TERMS OF USE.
Never Give Up reserves the right, at its sole discretion, to change, modify,
add or remove any portion of this Terms of Use, in whole or in part, at any
time. Changes in this Terms of Use will be effective when posted. Your
continued use of the Site and/or the services offered on or through the Site
after any changes to this Terms of Use are posted will be considered acceptance
of those changes.
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