法律資料

LEGAL TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF (THE “SITES"), YOU (OR REFERRED AS “USER” HEREINAFTER) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THE SITES, OR ANY PAGES THEREOF. THE COMPANY ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY  COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE
SITES. NOR DOES THE COMPANY ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER COMMUNICATIONS OR PERSONAL SETTINGS.

Site Owner and Operator
The Sites is owned and operated by Marry Marry HK (the “Company”).

1. Uses

The Company, through the Sites, provides an online platform for individuals, companies and organizations to list the services or products related to wedding which they offer and provides online marketing and forums to users of the Sites (the “Services").

The Company is not a party of nor is it involved in any actual transaction involving any user of the Sites. The Site acts as a venue to allow users who comply with the Company’s policies to exchange ideas and to list or market the wedding services or products or any activities incidental thereto or in connection therewith. As a result, the Company has no control over the quality, safety, morality or legality of any aspect of the Services, products, comments, advertisements, materials, contents or information (“Contents”) listed or posted, and the truth or accuracy of these listings. The Company does not pre-
screen users or the content or information provided by users.

2. Your Obligations

You agree not to use any of the Sites for any of the following purposes which are expressly prohibited. You should not:-

a. violate or attempt to violate the security of the Sites including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability. No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses,
viruses, etc.).

b. use the Sites (1) for transmitting, distributing or storing material or Contents in violation of any applicable law or regulation; or (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (3) in any manner that is libelous, obscene, threatening, abusive or hateful. In particular, all users shall not print, download, duplicate or otherwise copy any personally identifiable information about other uses (if any). All unsolicited communications of any type to users is strictly prohibited.

c. use the Sites if they do not have legal capacity to form legally binding contracts.

d. post any advertisement or materials or Contents on the Sites which contains any false, inaccurate, misleading or libelous content or contains any computer virus. Also, the advertisement shall not be fraudulent or involve sale of illegal products. No soliciting of any kind on the message boards is allowed.

e. be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including the Company’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

f. contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

g. modify, adapt or hack the Sites or modify another website so as to falsely imply that it is associated with the Sites;

h. be false, inaccurate or misleading in posting any Contents, and no strong, vulgar, obscene, harmful, racially, ethnically, libelous, defamatory, tortuous or otherwise, objectionable language can be used.

i. harass, intimidate, stalk, or threaten other community members. You should not impersonate any person, including, but not limited to, other community members or employees of The Company.

j. post, distribute, transmit, or promote illegal content.

k. invade or infringe another person’s privacy rights.

l. manipulate or forge of identifiers in order to disguise the origin of any information posted on Sites or otherwise provided to The Company or its employees.

m. post, provide, transmit or other make available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law, or otherwise make available any junk mail or spam.

n. solicit of any kind on the message boards or forum.

3. Permitted uses of the Sites

a. Specific uses – User posting advertisements or materials or Contents on the Sites

You should, subject to the terms and conditions set out below and in the Privacy Policy, be entitled to post any advertisements or other materials or Contents on the Sites. You agree  that you will only use the Sites for lawful purposes. The Company reserves the right to edit any advertisement / materials as it sees appropriate. You should not post any personal identification number or any information you consider personal on the advertisement or material listed on the Sites. You agree and consent to the Company and/or its affiliates may use your personal data for purposes relating to the provision of services offered by the Company and marketing services and special events of the Company and its affiliates.

b. Specific uses – User viewing the advertisements or Contents (the “Viewer")

You agrees that any personal data you received from the Sites or the Company shall only be used for the purpose of identifying and or locating advertisements or materials or any Contents therein. Any personal data which are irrelevant to the above purposes shall be disregarded. You also agree that any personal data collected from the Sites or the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.

4. Idea Submissions

The Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Sites or otherwise (other than the Contents) (collectively, the “Material") to be non-confidential and non-proprietary, and The Company shall not be liable for the disclosure or use of such Material. If, at the Company’s request, any member sends Material to improve the Sites (for example through the forums or to customer support), the Company will also consider that Material to be non-confidential and  non-proprietary and the Company will not be liable for use or disclosure of the Material. Any communication by you to the Company (whether through the Site or not) is subject to this Agreement. You hereby grant and agree to grant the Company, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

5. Compliance

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for any applicable taxes. In addition, you must abide by the Company’s policies as stated and which may be updated by the Company from time to time without notice to you.

6. Information Control

The Company does not control the Content provided by users that is made available on the Sites. You may find some Content to be offensive, harmful, inaccurate, or deceptive.

7. Other Resources

The Company is not responsible for the availability of outside websites or resources linked to or referenced on the Sites. The Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Company 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Our rights and obligations

a. Services Availability.

For as long as the Company continues to offer the Services, the Company shall provide and seek to update, improve or expand the Services. As a result, we allow you to access to the Sites as it may exist and be available on any given day and have no other  obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Sites, partially or entirely, or change, charge and modify prices for all or part of the Services for you or for all our users in our sole discretion.

b. Third Party Sites and Developers.

The Sites may include links to third party web sites (“Third Party Sites”) and elsewhere. The Company may enable third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by the Company through its developer platform. While the Sites may contain links to third party web sites or connecting with Platform Applications. These are provided solely as a convenience to you and not in any way as an endorsement by the Company of the contents on such third-party web sites or platform applications. If any user accesses any linked third party web sites, he/she does so entirely at their own risk.

The Company is not responsible for and does not endorse any features, content,  advertising, products or other materials on or available from Third Party Sites. The Company also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.

Please note: If you allow an Platform Application or Third Party Site to authenticate to or connect with your account, that application or website can access information on the Site related to you and your connections.

For additional information regarding Platform Developers and Platform Applications, please refer to the Company’s Privacy Policy.

c. Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law, regulations or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process or requirements, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Company, our Users or the public.

Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

d. Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users (if any).

9. Contents

Users acknowledge that the Company does not pre-screen or approve any Contents posted on the Sites or any Contents sent through the Sites. In any event, the Company takes no responsibility whatsoever for the Contents on the Sites or any content sent through the Sites, or for any Contents lost and does not make any representations or warranties regarding the content or accuracy of any material on the Sites.

Any material or details or Contents posted on the Sites by the User may be viewed by users of other web sites linked to the Sites. By posting Content on the Sites, it is possible for an outside website or a third party to re-post that Contents. You agree to hold the Company harmless for any dispute concerning this use.

The Company is not responsible for any improper use by any user or third party from linked third party web sites of any data or materials posted on the Sites. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any advertisement, web page or material, Contents contained therein placed by them. The Company is not responsible for the content of any third party web sites linked to the Sites and does not make any representations or warranties regarding the
contents or accuracy of materials on such third-party web sites.

The Company shall have the right to remove any advertisement or materials posted on the Sites at its sole discretion without any compensation or recourse to the Users. In the event if the Company decides to remove any paid advertisement for any reasons not relating to any breach of the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Sites, refund the remaining fees (if any) to the related User.

10. Contents License

By posting Contents on the Sites, you unconditionally grants the Company a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) he/she/it has in the Contents in order that the Company can host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the Contents in any form (including in any media now known or not currently known), and carry out the purposes set out in the Privacy Policy and herein.

You agree to allow the Company to store or re-format your Contents on the Sites or with the Company and display your Contents on the Sites in any way as the Company  chooses. The Company will only use personal information in accordance with the Privacy Policy.

11. Breach

Without limiting any other remedies, the Company may, without notice, and without refunding any fees, delay or immediately remove any Contents, warn the Company’s community of a user’s action, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Sites, and take technical and legal steps to keep a user off the Sites and refuse to provide Services to a user.

The Company suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; the Company is unable to verify or authenticate any of your personal information or Contents; or the Company believes that a user is acting inconsistently with the letter or spirit of the Company’s policies, has engaged in improper or fraudulent activity in connection with the Company or the actions may cause legal liability or financial loss to the Sites’ users or to the Company.

12. Copyright and Intellectual Property

The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Sites are the intellectual properties of the Company or the Users (as the case may be) which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights.

13. Privacy

The Company is committed to protect the privacy of the users of the Sites. The Company uses the information of the users according to the terms as described in the Privacy Policy.

14. Responsibility

The Company may not monitor the Sites at all times but reserves the right to do so. The Company does not warrant that any advertisement or web page or materials will be viewed by any specific number of users or that it will be viewed by any specific user. The Company shall not in anyway be considered an agent of user with respect to any use of the Sites and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Sites, for whatever reason made.

15. No Warranty and No Reliance

WHILST ENDEAVOURING TO PROVIDE A QUALITY SERVICE TO USERS,THE COMPANY DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE
OR THAT THE SITES AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITES OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DO NOT RELY ON THE COMPANY OR THE SITES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE SITES AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

16. Own Risk

All USERS SHALL USE THE SITES AND ANY OTHER WEB SITES ACCESSED THROUGH IT, AT ENTIRELY THEIR OWN RISK. ALL Users are responsible for the consequences of their postings. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any advertisement or materials or Contents posted by other Users or endorse any opinions expressed by Users. Any reliance by users on material posted by the Users will be at their own risk. The Company reserves the right to expel any user and prevent their further access to the Sites, at any time for breaching this Agreement or violating the law and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate in the Company’s sole discretion.

17. Indemnity

All users agree to indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from their use of the Sites or their breach of the terms of this Agreement or any applicable laws or regulations. The Company will provide prompt notice of any such claim, suit or proceedings to the relevant user.

18. Limitation of the Services

The Company shall have the right to limit the use of the Services, including the period of time that Contents will be posted on the Sites, the size of the Contents, email messages or any other Contents which are transmitted by the Services. The Company reserves the right, in its sole discretion, to modify or remove any Contents or materials posted on the Sites, for any reason, without giving any prior notice or reason to users. Users acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Services.

The Company may restrict, suspend or terminate the account of any User who abuses or misuses the Services or breaches any of the terms and conditions, or commit any other behavior that the Company, in its sole discretion, deems contrary to its purpose.

19. Termination of Services

The Company shall have the right to delete or deactivate any account, or block the email or IP address of any user, or terminate the access of users to the Services, and remove any content within the Services immediately without notice for any reason. The Company shall have no obligation to deliver any material or content posted on the Sites to any user at any time, both before or after cessation of the Services or upon removal of the related contents from the Sites.

20. Disclaimer

The Company does not have control over and does not guarantee the truth or accuracy of listings of any advertisement or materials or Contents on the Sites.

IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER OR ANY PERSON WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER USE OR INABILITY TO USE THE SITES AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE SITES.

THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. LINKEDIN DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

21. No Warranty

THE COMPANY, THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND THE COMPANY’S SUPPLIERS PROVIDE THE COMPANY’S WEB SITE AND SERVICES “AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY, THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND THE COMPANY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE COMPANY SHALL CREATE ANY WARRANTY.

22. Liability Limit

IN NO EVENT SHALL THE COMPANY, AND (AS APPLICABLE) THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THE COMPANY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITES, THE COMPANY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

WITHOUT PREJUDICE TO THE ABOVE AND SUBJECT TO THE APPLICABLE LAWS AND REGULATIONS, THE COMPANY’S AGGREGATE LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES OR USERS IN ANY CIRCUMSTANCE IS LIMITED TO HK$1,000.

23. Governing Law and Jurisdiction

The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong"). Both users and the Company shall submit to the exclusive jurisdiction of the courts of Hong Kong