This website of the “Hong Kong Arts Development Council” ("Website") is developed and maintained by the Hong Kong Arts Development Council ("HKADC" or “we”).
Users of this Website (“you” or “user”) should read the terms and conditions below (“Terms of Use”) carefully as they apply to your use of this Website and control all aspects of your access to and use of it. If you do not accept the Terms of Use in full, the use of this Website must be terminated immediately.
HKADC may change the Terms of Use from time to time in its absolute discretion without prior notice or liability to you. By continuing to use the Website following such changes to the Terms of Use, you unconditionally agree to be bound by such changes.
DISCLAIMER
The limitation of HKADC’s liability contained in these Terms of Use shall apply to the fullest extent permitted by applicable laws.
INTELLECTUAL PROPERTY RIGHTS AND USER CONDUCT
using the Website to commit or encourage unlawful acts, including unlawful copying of copyright material;
misrepresenting the user's identity or authority;
distributing any types of virus or other device intended to cause nuisance, loss or corruption of any information on the Website or accessed through it, or of any systems used to operate the Website or any systems accessed through it;
tampering with communications which are not the user's, or making any alteration to any information on the Website;
accessing or attempting to access other parties' user accounts;
hacking or attempting to hack any parts of the Website, or any systems used to run it, or any systems accessed through the Website;
disrupting the flow of communications in interactive areas;
storing personal data derived from the Website unless expressly authorised under other terms of the Website;
posting material which:
- infringes intellectual property rights;
- defames or threatens other people or organisations; or
- is offensive, obscene or hateful, or which other users of the Website are likely to consider offensive, obscene or hateful.
Persons browsing or accessing the Website agree not to conduct any activities not in compliance with all applicable intellectual property laws, or infringe or cause to be infringed any intellectual property right and/or other proprietary right of any materials on the Website, and you agree not to link any parts of the Website to any websites which may conduct such infringing activities. Such infringing activities include, for instance:
infringement of copyrights, trademarks, patents or other intellectual or proprietary rights of any parties (the "IP Rights");
breach of any security measures for protection of IP Rights, including falsifying serial numbers or registration codes or use of hackers' tools;
copy, reproduce or exploit in any way contents of the Website without prior authorization or consent;
supply pirated files or links to such files.
All users agree and accept that any webspace or storage capacity (the "Storage") provided by or through the HKADC is subject strictly to its first right of use.
All users agree and accept not (and that they have no right) to sell, transfer, assign, part or otherwise share with or allow the usage by others whole or part of the Storage except with our express consent. No user may derive or receive any commercial benefit, which we consider in our sole discretion to be material, by any means arising directly or indirectly from or in connection with the use or exploitation of the Storage or the Website in general.
No user may upload, post or disseminate any content or information which is in violation or breach of any laws, legislations or regulations currently in force in Hong Kong on the Website, such contents or information include but are not limited to:
any programs or files which contain computer viruses;
statements or information which may be discriminatory on the basis of gender, age, sexual orientation, race, culture, religion, socio-economic status or otherwise;
contents which are prejudicial, malicious, abusive or portray any one or any organisations in a demeaning light, or are generally profane;
contents which are pornographic or contain obscene images or material, or are otherwise contrary to the Control of Obscene and Indecent Articles Ordinance (Cap. 390 of the Laws of Hong Kong);
supply information for or procure any activities which are illegal, or adversely affecting any persons or the public, including but not limited to:
- providing computer virus software or the method of designing or writing computer virus;
- providing the method of illegal entry, the deletion of homepage or the homepage of network provider's;
- providing methods to de-code or crack the copyright protective device set up by the manufacturer, including software serial number or registration number;
- providing method of transmission of "Spam" emails or providing any software to the public for cracking software;
- providing pirated music, pirated software or links to the related websites;
- malicious spreading or dissemination of other's privacy, and requesting passwords from the user of the Website;
- using the Website for collecting information for illegal purposes;
- falsely representing or holding out to be the staff of the HKADC, or attempting to cause others to falsely assume the identity of the sender or the source of message or information.
You are fully responsible to ensure that your use of any information contained on this Website complies with all applicable legal requirements.
If in HKADC’s sole opinion you are found conducting activities infringing IP Rights or to have breached any applicable laws in connection with your use of this Website or otherwise breached any provision in these Terms of Use, we may without liability or recourse to you, with or without notice:
remove any posting, content or materials on this Website as HKADC considers appropriate;
prohibit or deny your use of the Website (or any part thereof); and/or
consider taking appropriate legal actions.
You agree to defend, indemnify, and hold harmless, HKADC, its employees, agents, consultants, directors and other representative, from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising directly or indirectly from your breach of these Terms of Use and/or your use of the Website.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
In case of discrepancies between the English and Chinese version of these Terms of Use, the English version shall apply and prevail for all purposes.
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