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Terms and Conditions

YING WA COLLEGE OLD BOYS' ASSOCIATION LIMITED WEB SITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE YING WA COLLEGE OLD BOYS' ASSOCIATION LIMITED PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF ITS SERVICES.

1. ACCEPTANCE OF TERMS

Welcome to the Web site (the "Site") of Ying Wa College Old Boys' Association Limited (the "YWCOBA"). The Site provides its services to you, subject to the following Terms and Conditions of Use (the "TACOU"). For purposes of the TACOU, the words "you" and "your" shall refer to any visitor to the Site. YWCOBA reserves the right to change, modify, add or remove any portion of the TACOU, in whole or in part, at any time without notice to you. Changes in the TACOU will be effective when posted. The most current version of the TACOU can be reviewed at any time at http://alumni.yingwa.edu.hk/tacou.php. Your continual use of the Site at any time will be considered as acceptance of the TACOU. YWCOBA may also offer other services that are governed by different TACOU.

2. DESCRIPTION OF SERVICE

YWCOBA grants you a non-exclusive, non-transferrable, limited right to access, use and display the Site and a variety of resources, including service information, support information and various network tools throught its network of properties (the "Service"). Unless explicitly stated otherwise, the Service, including any updates, modifications, enhancements, new features, and/or the addition of any properties, are subject to the TACOU and for your personal and non-commercial use only. In addition, you must provide and are responsible for all equipments necessary to access the Service.

3. PRIVACY POLICY AND PROTECTION OF PERSONAL INFORMATION

Registration Data and certain other information about you is subject to our Privacy Policy. Please review the full Privacy Policy at http://alumni.yingwa.edu.hk/privacy.php.

4. OWNERSHIP AND RESTRICTIONS

YWCOBA does not claim ownership of the materials you provide to YWCOBA, including feedback and suggestions, or post, upload, input or submit to any Services or its associated services for review by the general public. However, YWCOBA owns, controls, licenses and has the right to use and provide the Site and all materials on the Site, including without limitation text, images, software, musics, programs, scripts, articles, photographs, illustrations, audio and video clips and other data (collectively the "Content") and excluding the materials you provide, as stated above. The Site is protected by the copyright as a collective work and/or compilation, pursuant to Hong Kong Special Administrative Region (the "H.K.S.A.R.") copyright and intellectual property laws, international conventions, and other copyright and intellectual property laws. YWCOBA, and/or its third party providers, are the owners of the copyright in the entire Site. YWCOBA owns the copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by all copyright notices, information or restrictions displayed on the Site.

You may not copy, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by the TACOU, without the express written permission of YWCOBA. You may download one copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of YWCOBA and its affiliates or the copyright holder identified in the individual Content's copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, publicly display, publicly perform, edit, alter, modify, or reformat the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

5. CHANGE TO SITE OR CONTENT

YWCOBA shall have the right for any reason, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. YWCOBA may also impose limitations on certain features and Services or restrict your access to parts or all of the Site without prior notice or liability.

6. ACCEPTABLE USE POLICY

As a condition of your use of this Site and the Services, you warrant to YWCOBA that you:

  • Will only use this Site and Services for lawful purposes in accordance with the TACOU;
  • Agree and consent to our Privacy Policy;
  • Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of YWCOBA or third parties in connection with your use of the Site;
  • Will not intentionally or unintentionally violate any applicable local, national or international law, including without limitation any regulations having the force of law, while using or accessing the Site or the Services;
  • Will not harvest, gather or otherwise collect contact information from the Site or Services, for the purposes including without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
  • Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any electronic mail or form entry created through this Site;
  • Will not access or attempt to access unauthorized areas of the Site, or unreasonably load or burden the Site's servers.

Users who violate the TACOU may be prohibited from receiving the Services thereafter, and possible legal action may be strictly taken.

7. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You should not intentionally or unintentionally violate any applicable local, national or international law. You may not use the Services in any manner that could damage, disable, overburden, or impair any YWCOBA server, or the network(s) connected to any YWCOBA server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any YWCOBA server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless YWCOBA, and all its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively the "Indemnified Parties"), from and against any and all losses, damages, liabilities, and claims and all fess, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising of, based upon or resulting from your use of the Site or receipt or use of the Services, your connection to the Services, your violatin of the TACOU, or your violation of any rights of another.

9. LINKS TO OTHER WEB SITES

The Site may contain Contents, links and pointers to other World Wide Web Internet sites, resources of the Site. Links to and from our Site do not constitute an endorsement by YWCOBA or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Link do not imply that YWCOBA are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of YWCOBA or any of its affiliates. YWCOBA is not responsible for content on or services provided by other Web sites that are linked to or from the Site, including without limitation YWCOBA's partners' Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

10. DISCLAIMER OF WARRANTIES AND DAMAGES

THE SITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS AND ANY OTHER THRIRD PARTY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER YWCOBA NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. YWCOBA AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO YWCOBA'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL YWCOBA, ITS SUBSIDIARIES, OFFICERS, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. GENERAL PROVISIONS

The TACOU shall be governed by and construed in accordance with the laws of the H.K.S.A.R., without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to the TACOU shall be an appropriate court of justice located in H.K.S.A.R. and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of the TACOU, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the TACOU, and the remainder of the TACOU shall continue in full force and effect. The TACOU constitute the entire agreement between you and YWCOBA with respect to such subject matter. No waiver by either you or YWCOBA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. YWCOBA COPYRIGHT NOTICE

Copyright © 2004 YWCOBA. All rights reserved.

YWCOBA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringment, or your intellectual property rights have been otherwise violated, please forward the following information to YWCOBA's Copyright Agent:

  1. your address, telephone nmber, and electronic mail address;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

YWCOBA's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:
Copyright Agent,
Ying Wa College Old Boys' Association Limited,
c/o Ying Wa College,
1 Ying Wa Street,
Shamshuipo, Kowloon
Hong Kong
By Electronic Mail: copyright@alumni.yingwa.edu.hk

Last Updated: 27th October, 2004