| 會 員 條 例 及 細 則 / Terms and agreement | |
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www.hlc.com.hk
Membership Agreement This is a legal agreement
between you ("Member") and the owner and operator of www.hlc.com.hk ("HL&C")
with regard to your membership of HL&C. Please read this agreement carefully
before submitting your registration. By usage of any part of this system,
site, or materials, you agree to the terms and conditions set forth in
this agreement. Once you become a member of HL&C, you are bound by the
terms and conditions of this agreement. If you do not agree to this agreement,
please do not register and use HL&C's Service ("Service"). 1. ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS The Service is provided
to Member under the terms and conditions of this agreement and any operating
rules or policies that may be published by HL&C. This agreement comprises
the entire agreement between Member and HL&C and supersedes all prior
agreements between the parties regarding the subject matter contained
herein. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE "提交" BUTTON, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. MEMBER MAY USE THE
SERVICE PROVIDED BY AFFILIATED SITES OF HL&C BY USING THE MEMBERSHIP OF
HL&C. BY USING THE SERVICE PROVIDED BY ANY AFFILIATED SITE OF HL&C, MEMBER
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE
MEMBERSHIP AGREEMENT OF THAT AFFILIATED SITE. 2. DESCRIPTION OF
SERVICE HL&C is providing
Member with a variety of services via the World Wide Web and on HL&C's
own system. Member must: (1)provide all equipment, including a computer
and modem, necessary to establish a connection to the World Wide Web;
(2)provide for own access to the World Wide Web and pay any telephone
service fees associated with such access. In consideration for
the Service, Member agrees to: (1) provide certain current, complete,
and accurate information about Member upon registration and (2) maintain
and update this information as required to keep it current, complete and
accurate. All information requested on original sign up shall be referred
to as registration data ("Registration Data"). Member grants HL&C
the right to disclose to third parties certain Registration Data about
Member and Service membership in the aggregate. However, such disclosures
will exclude Member's name, mailing address, email address, account and
phone number, unless: (1) Member expressly directs HL&C, or any other
person Member may specifically designate to disclose such information
through the Service as provided by the Service or (2) HL&C is required
to disclose such information by any applicable law or legal process served
on HL&C. If any information
provided by Member is inaccurate, HL&C retains the right to terminate
Member's membership and rights to use the Service. 3. MODIFICATIONS TO
TERMS OF SERVICE HL&C may change the
terms and conditions of this agreement from time to time. Member's continued
use of the Service constitutes an affirmative: (1) acknowledgment by Member
of this agreement and its modifications; and (2) agreement by Member to
abide and be bound by this agreement and its modifications. 4. MODIFICATIONS TO
SERVICE HL&C reserves the
right to modify or discontinue any or all of the Service with or without
notice to Member. HL&C shall not be
liable to Member or any third party should HL&C exercise its right to
modify or discontinue the Service. 5. PRIVACY POLICY It is HL&C's policy
to respect the privacy of its Members. Therefore, in addition to the privacy
of registration data as discussed in Section 2 above, HL&C will not monitor,
edit, or disclose the contents of a Member's private communications through
the Service unless required to do so by law or in the good faith belief
that such action is necessary to: (1) conform to the order of the law
or comply with legal process served on HL&C; (2) protect and defend the
rights or property of HL&C; or (3) act under exigent circumstances to
protect the personal safety of its members or the public. Member acknowledges
and agrees that HL&C neither endorses the contents published by any Member
through using the Service nor assumes responsibility for any threatening,
libelous, obscene, harassing or offensive material contained therein,
any infringement of third party intellectual property rights arising therefrom
or any crime facilitated thereby. 6. MEMBER I.D., PASSWORD,
AND SECURITY Once you become a
member of the Service, you shall receive a Member Login Name and a password
for your account. You are entirely responsible if you do not maintain
the confidentiality of your Login Name, password and any other information
of your account. Furthermore, you are entirely responsible for any and
all activities which occur under your account. You may change your password
at any time by following instructions. Member agrees to immediately
notify HL&C of any unauthorized use of Member's account or any other breach
of security known to Member. 7. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES
THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. HL&C 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. HL&C MAKES NO WARRANTY
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HL&C MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS
AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND
RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. HL&C MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM HL&C OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. 8. LIMITATION OF LIABILITY HL&C SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF HL&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. 9. NO RESALE OR COMMERCIAL
USE OF THE SERVICE Member's right to
use the Service is personal to Member. Member may only be an individual.
Member may not be a corporation or other business entity. Member agrees
not to resell or make any commercial use of the Service, without the express
consent of HL&C. 10. MEMBER CONDUCT Member is solely responsible
for the contents of his or her transmissions through the Service. Member's use of the
Service is subject to all applicable local, state, national and international
laws and regulations. Member agrees: (1)
to comply with US law regarding the transmission of technical data exported
from the United States through the Service; (2) not to use the Service
for illegal purposes; (3) not to interfere or disrupt networks connected
to the Service; and (4) to comply with all regulations, policies and procedures
of networks connected to the Service. The Service makes
use of the Internet to send and receive certain messages; therefore, Member's
conduct is subject to Internet regulations, policies and procedures. Member
will not use the Service for chain letters, junk mail, spamming or any
use of distribution lists to any person who has not given specific permission
to be included in such a process. Member agrees not
to transmit through the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. Member shall not interfere
with another Member's use and enjoyment of the Service or another entity's
use and enjoyment of similar services. HL&C may, at its sole
discretion, immediately terminate the Service should Member's conduct
fail to conform to these terms and conditions of this agreement. 11. INDEMNIFICATION Member agrees to indemnify
and hold HL&C, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Member's use of the Service,
the violation of this agreement by Member, or the infringement by Member,
or other user of the Service using Member's computer, of any intellectual
property or other right of any person or entity. 12. TERMINATION Either Member or HL&C
may terminate the Service with or without cause at any time and effective
immediately. Member's Termination shall be accompanied by a written notice
to HL&C. HL&C shall not be liable to Member or any third party for termination
of Service. Should Member object
to any terms and conditions of this agreement or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Member's only
recourse is to immediately: (1) discontinue use of the Service; (2) terminate
Service membership; and (3) notify HL&C of termination. Upon termination of
the Service, Member's right to use the Service immediately ceases. HL&C retains the right,
at HL&C's sole discretion, to determine whether or not Member's conduct
is consistent with the letter and spirit of this agreement and may terminate
the Service if a Member's conduct is found to be inconsistent with this
agreement. 13. NOTICE All notices to a party
shall be in writing and shall be made either via email or conventional
mail. HL&C may publish notices or messages through the Service to inform
Member of changes to this agreement, the Service, or other matters of
importance; such publication shall constitute notice to Member. 14. PARTICIPATION
IN PROMOTIONS OF ADVERTISERS Member may enter into
correspondence with or participate in promotions of the Advertisers showing
their products on the Service. Any such correspondence or promotions,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between the corresponding
Member and the Advertiser. HL&C assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion. 15. PROPRIETARY RIGHTS
TO CONTENT Member acknowledges
that content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information
presented to Member by the Service ("Content") by HL&C or HL&C's Advertisers,
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws; therefore, Member is only permitted to use
this Content as expressly authorized by the Service or the Advertiser.
Member may not copy, reproduce, distribute, or create derivative works
from this Content without expressly being authorized to do so by the Service
or the Advertiser. 16. LAWS This agreement shall
be governed by and construed in accordance with the laws of the state
of California, excluding its conflict of law provisions. Member and HL&C agree
to submit to the exclusive jurisdiction of the courts of the state of
California. If any provision(s)
of this agreement is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining
in full force and effect. HL&C's failure to
exercise or enforce any right or provision of this agreement shall not
constitute a waiver of such right or provision unless acknowledged and
agreed to by HL&C in writing. Member and HL&C agree
that any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. The section titles
in this agreement are solely used for the convenience of the parties and
have no legal or contractual significance. 此乃一份閣下(“會員”)與www.hlc.com.hk(“HL&C”)持有人和經營者之合法協議,是關於閣下在HL&C的會員資格。請在遞交登記申請前,小心閱讀這份協議。如使用本系統之任何部份、連結、和物料,閣下須接受這份協議內之細則及條款。當閣下成為HL&C之會員,將受協議內之細則及條款所約束。如你不接受這份協議,請不要登記及使用HL&C之服務(“服務”)。 閣下自HL&C或經由本服務取得之建議和資訊,無論其為書面或口頭,絕不構成本服務條款未明示規定之任何保証。 會員不可干擾其他會員使用及享用本服務。 |
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