Terms of Use
| "Information" |
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information, data, content, analysis, news, reports,
programmes, photographs, pictures, graphics, video, audio,
software and other materials and services, communications,
transmissions and other items, tangible or
intangible |
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"personal data" |
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personally identifying information or sensitive data
(including but not limited to names, ages, addresses,
occupations, contacts, other personal details and credit card
information) |
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| "HKIFF", "we","our" or "us" |
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Hong Kong International Film Festival Society |
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| "Terms of
Use" |
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the terms of use set forth below as amended from time
to time |
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| "Third Party
Provider" |
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any provider of Information or services on the Website
other than HKIFF |
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"users", "you" or
"your" |
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any person who
accesses the Website |
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| "Website"
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www.haf.org.hk
and other website(s) from time to time hosted or linked up by HAF and
HKIFF | |
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PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY
TO YOUR USE OF THE WEBSITE. |
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| 1.
Changes to Website
We
may, in our sole discretion and at any time, without notice to you,
add to, amend or remove any Information from the Website, or alter
the presentation, substance, or functionality of the
Website. |
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2. Change of Terms
We may amend the
Terms of Use from time to time in our sole discretion without notice
or liability to you. By continuing to use the Website following such
amendments to the Terms of Use, you agree to be bound by such
amendments.
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3. User's Conduct
As a
condition of your use of the Website, you must
not:
- trespass,
break into, access, use or attempt to trespass, break into,
access or use any other parts of our servers, and/or any data
areas for which you have not been authorised by us;
- restrict or
inhibit any other user from using and enjoying the
Website;
- post or
transmit any unlawful, fraudulent, libellous, defamatory,
obscene, pornographic, profane, threatening, abusive, hateful,
offensive, or otherwise objectionable or unreasonable
Information of any kind, including without limitation any
transmissions constituting or encouraging conduct that may
constitute a criminal offence, give rise to civil liability, or
otherwise violate any local, state, national or foreign law;
- post or
transmit any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes or other
unsolicited commercial communication, or engage in spamming or
flooding;
- post or
transmit any Information or software which contains any virus,
trojan horse, worm or other harmful component;
- post,
publish, transmit, reproduce, distribute or in any way exploit
any Information obtained through the Website for commercial
purposes; or
- upload,
post, publish, transmit, reproduce, or distribute in any way,
Information obtained through the Website which is protected by
copyright, or other proprietary right, or create derivative
works with respect thereto, without the prior written permission
of the copyright owner or rightholder.
You have no
rights in or to the Information available on the Website and you
will not use the Information available on the Website in any
manner or for any purpose, except as permitted under these Terms
of Use. |
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4. Prohibition of Access
We
reserve the right at all times to prohibit or deny your access to
the Website or any part thereof immediately and without notice,
where we are of the opinion that you have breached any of the terms
contained in the Terms of Use or that such prohibition or denial is
appropriate, desirable or necessary in our sole
discretion. |
| 5. Third
Party Information
The Information may contain Information provided by Third
Party Providers or sourced by HKIFF from other references or sources.
The Information on the Website may not be regarded as any
recommendation or endorsement by HKIFF for any purpose with respect to
any person, product or service.
HKIFF is not responsible if any such Information is not
uptodate; HKIFF does not separately verify such Information.
Accordingly we do not accept any responsibility whatsoever in
respect of such Information. Any use of and reliance on such
Information is at your own risk.
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6. Links to and from the Website
The links on the Website may take you to other sites and you
acknowledge and agree that HKIFF and the HKIFF have no
responsibility for the accuracy or availability of any Information
provided by linked websites.
Links to other websites do not constitute an endorsement by
HKIFF of such websites or the Information, products, advertising or
other materials available on those websites. |
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7. Indemnity
You agree to defend, indemnify and hold us and the HKIFF harmless from and against all liabilities, damages,
claims, actions, costs and expenses (including without limitation
legal fees), in connection with or arising from your breach of any
of these Terms of Use and/or your use of the Website. We may, if
necessary, participate in the defence of any claim or action and any
negotiations for settlement. No settlement which may adversely
affect our rights or obligations shall be made without our prior
written approval. We reserve the right, at our own expense and on
notice to you, to assume exclusive defence and control of any claim
or action. |
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8. Intellectual Property Rights
All intellectual property rights subsisting in respect of the
Website belong to HKIFF or have been lawfully licensed to HKIFF for use
on the Website. All rights under applicable laws are hereby
reserved. Except with the express permission of HKIFF, you are not
allowed to upload, post, publish, reproduce, transmit or distribute
in any way any component of the Website itself or create derivative
works with respect thereto, as the Website is copyrighted under
applicable laws.
You agree that we are free to use, disclose,
adopt and modify all and any ideas, concepts, knowhow, proposals,
suggestions, comments and other communications and information
provided by you to us ("Feedback") in connection with the Website
and/or Services without any payment to you. You hereby waive and
agree to waive all and any rights and claims for any consideration,
fees, royalties, charges and/or other payments in relation to our
use, disclosure, adoption and/or modification of any or all of your
Feedback. |
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9. Limited Liability and Warranty
All Information is for your general reference only. HKIFF do
not accept any responsibility whatsoever in respect of such
Information.
YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK
AND IS PROVIDED "AS IS," "AS AVAILABLE." THE WEBSITE IS FOR YOUR
PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE
SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE,
WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED
THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY
TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Neither HKIFF nor any of
the HKIFF shall guarantee or assume any responsibility that
:
- the
Information on the Website is accurate, adequate, current or
reliable, or may be used for any purpose other than for general
reference;
- the
Information on the Website is free of defect, error, omission,
virus or anything which may change, erase, add to or damage your
software, data or equipment;
- messages
sent through the internet will be free from interception,
corruption or loss;
- access to
the Website will be available or be uninterrupted; or
- defects in
the Website will be corrected.
In
no event will the HKIFF or the HKIFF be liable to you or any
other person for any direct, indirect, incidental, special, punitive
or consequential damages, including any loss of business or profit,
arising out of any use, or inability to use, the Information, even
if HKIFF or the HKIFF have been advised of the possibility of
such damages.
You will exercise and rely solely on your own skill and
judgment in your use and interpretation of the Information. You are
responsible to ensure that your use of the Information complies with
all applicable legal requirements.
The limitation of liability contained in these Terms of Use
will apply to the fullest extent permitted by applicable laws.
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10. Privacy Policy
For information about our
privacy policies and practices, please refer to our Privacy Policy
Statement. You agree to the use and disclosure of your
information in the manner set out in our Privacy Policy Statement
(as updated from time to time). Where personal data is collected in
connection with the Services, you should also have reference to the
relevant user agreements linked to the form through which your
personal data is collected.
For information on our use of cookies, please also refer to
our Privacy
Policy Statement.
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11. Partial Invalidity
The illegality, invalidity or unenforceability of any
provision of these Terms of Use under the law of any jurisdiction
shall not affect its legality, validity or enforceability under the
laws of any other jurisdiction nor the legality, validity or
enforceability of any other provision. |
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12. Several Users
If
there are two or more persons adhering to these Terms of Use as
user, their liability under the Terms of Use is joint and several,
and their rights are joint. |
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13. Miscellaneous
No
waiver of any breach under these Terms of Use will amount to a
waiver of any other breach. The headings in these Terms of Use are
for convenience only and do not affect
interpretation. |
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14. TERMINATION
We
may, in our sole discretion and at any time, without prior notice to
you and without cause, terminate all or any part of our Services to
you and consequentially prohibit your right to access to the
Services and remove the information and data contained in your
free-email account. |
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15. Governing Law and Jurisdiction
These Terms of Use shall be governed by the law of the Hong
Kong Special Administrative Region. You agree to submit to the
non-exclusive jurisdiction of the Hong Kong
courts. |
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16. Chinese Version
If
there is any conflict or difference between the Chinese version of
the Terms of Use and its English version, the English version
prevails. If any part of the Chinese version is unclear, reference
should be made to the English version. The Chinese version may not
be translated into English for the purpose of comparing with or
interpreting the English version.
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