The Hong Kong Manager


Disclaimer

1.	Definitions
	"The Hong Kong Manager" is the internet edition operated by The Hong Kong Management Association ("The HKMA") on the World Wide Web of the Internet, consisting of information services and content provided by The HKMA, affiliates of The HKMA and other third parties. "User" means each person who establishes or accesses a connection ("Account") for access to and use of The Hong Kong Manager.

2.	General
a.	This Agreement, which incorporates by reference other provisions applicable to use of The Hong Kong Manager, governing the use of certain specific material contained in The Hong Kong Manager, sets forth the terms and conditions that apply to use of The Hong Kong Manager by User. By using The Hong Kong Manager (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use The Hong Kong Manager is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password (s), if any.
b.	The HKMA shall have the right at any time to change or discontinue any aspect or feature of The Hong Kong Manager including, but not limited to, content, hours of availability, and equipment needed for access or use.

3.	Changed Terms
	The HKMA shall have the right at any time to change or modify the terms and conditions applicable to User's use of The Hong Kong Manager or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The Hong Kong Manager , or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of The Hong Kong Manager by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4.	Equipment
	User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of The Hong Kong Manager and all charges related thereto.

5.	User Conduct
a.	User shall use The Hong Kong Manager for lawful purposes only. User shall not post or transmit through The Hong Kong Manager any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The HKMA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in The HKMA's discretion restricts or inhibits any other User from using or enjoying The Hong Kong Manager will not be permitted. User shall not use The Hong Kong Manager to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other on-line information services competitive with The Hong Kong Manager.
b.	The Hong Kong Manager contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, graphics, and the entire contents of The Hong Kong Manager are copyrighted as a collective work. The HKMA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The HKMA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
c.	User shall not upload, post or otherwise make available on The Hong Kong Manager any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The Hong Kong Manager, User automatically grants, or warrants that the owner of such material has expressly granted The HKMA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants The HKMA the right to edit, copy, publish and distribute any material made available on The Hong Kong Manager by User.
d.	The foregoing provisions of Section 5 are for the benefit of The HKMA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6.	Disclaimer of Warranty; Limitation of Liability
a.	User expressly agrees that use of The Hong Kong Manager is at user's sole risk. Neither The HKMA, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that The Hong Kong Manager will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of The Hong Kong Manager, or as to the accuracy, reliability or content of any information, service, or merchandise provided through The Hong Kong Manager.
b.	The Hong Kong Manager is provided on an "As Is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
c.	This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that The HKMA is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
d.	In no event will The HKMA, or any person or entity involved in creating, producing or distributing The Hong Kong Manager, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use The Hong Kong Manager. User hereby acknowledges that the provisions of this section shall apply to all content on The Hong Kong Manager.
e.	In addition to the terms set forth above neither, The HKMA, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within The Hong Kong Manager, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, The HKMA, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

7.	Indemnification
	User agrees to defend, indemnify and hold harmless The HKMA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of The Hong Kong Manager by User or User's Account.

8.	Termination
	Either The HKMA or User may terminate this Agreement at any time. Without limiting the foregoing, The HKMA shall have the right to immediately terminate User's Account in the event of any conduct by User which The HKMA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 8 shall survive termination of this Agreement.

9.	Trademarks
	The HKMA, The Hong Kong Manager and each of their logos are trademarks of The HKMA. All rights reserved. All other trademarks appearing on The Hong Kong Manager are the property of their respective owners.

10.	Third Party Content
	The HKMA is a distributor (and not a publisher) of content supplied by third parties. Any opinions, advice, statements, or other information or content expressed or made available by third parties, ie. information providers, are those of the respective author(s) or distributor(s) and not of The HKMA. Neither The HKMA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. In many instances, the content available through The Hong Kong Manager represents the opinions and judgments of the respective information provider. The HKMA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Hong Kong Manager by anyone other than authorized The HKMA employee spokespersons while acting in their official capacities. Under no circumstances will The HKMA be liable for any loss or damage caused by a User's reliance on information obtained through The Hong Kong Manager. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Hong Kong Manager. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

11.	Miscellaneous
	This Agreement and any operating rules for The Hong Kong Manager established by The HKMA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules. No waiver by either party 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.