1. ACCEPTANCE OF TERMS
Welcome to Sports Federation and Olympic Committee
of Hong Kong, China (SF&OC). SF&OC provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of the
TOS at any time at:
http://www.hksports.org or http://www.hkolympic.org.
2. DESCRIPTION OF SERVICE
SF&OC currently provides users
with access to a rich collection of resources, including, various communications
tools, forums, shopping services, personalized content and branded programming
through its network of properties (the "Service"). You also understand and agree
that the Service may include advertisements and that these advertisements are
necessary for SF&OC to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new SF&OC properties, shall be subject to the
TOS.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the Service.
3. SF&OC PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy.
4. MEMBER
CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not
SF&OC, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. SF&OC does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will SF&OC be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
| a. |
upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity,
including, but not limited to, a SF&OC official, or falsely state or
otherwise misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; |
| e. |
upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); |
| f. |
upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party; |
| g. |
upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation; |
| h. |
upload, post, email, transmit or
otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; |
| i. |
disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other users' ability
to engage in real time exchanges; |
| j. |
interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Service; |
| k. |
intentionally or unintentionally
violate any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law; |
| l. |
"stalk" or otherwise harass another;
or |
| m. |
collect or store personal data about
other users. |
You acknowledge that
SF&OC does not pre-screen Content, but that SF&OC and its designees
shall have the right (but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service. Without limiting the
foregoing, SF&OC and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content.
You acknowledge and agree that SF&OC may preserve Content
and may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of SF&OC, its users and the public.
You
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the country in which you
reside.
6. INDEMNITY
You agree to indemnify and hold
SF&OC, and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
7. NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
8. MODIFICATIONS TO
SERVICE
SF&OC reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that SF&OC shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
9. DEALINGS WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that SF&OC shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
10. LINKS
The
Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because SF&OC has no control over such sites and
resources, you acknowledge and agree that SF&OC is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that SF&OC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
11. SF&OC 'S
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by SF&OC or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
12. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SF&OC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
SF&OC MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM SF&OC OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS. |
13. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SF&OC SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SF&OC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
14. TRADEMARK INFORMATION
Without
SF&OC's prior permission, you agree not to display or use in any manner, the
SF&OC Marks.
15. GENERAL INFORMATION
The TOS constitute
the entire agreement between you and SF&OC and govern your use of the
Service, superceding any prior agreements between you and SF&OC. You also
may be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and the
relationship between you and SF&OC shall be governed by the laws of the
State of California without regard to its conflict of law provisions. You and
SF&OC agree to submit to the personal and exclusive jurisdiction of the
courts in Hong Kong. The failure of SF&OC to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
16. VIOLATIONS
Please
report any violations of the TOS to us.
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