法律条款

法律条款

1. Definitions.

Account” means a connection or access that a person establishes to Sands-style.com.

"Sands-style.com" is the interactive on-line service operated by South China Morning Post Publishers Limited (“SCMPP”) on the World Wide Web of the Internet, consisting of information services and content provided by SCMPP, affiliates of SCMPP.

 

2. Terms of use.

(a) These terms of use are the terms and conditions that apply to your use of Sands-style.com and incorporate by reference other provisions applicable to the use of Sands-style.com (“Agreement”), including, but not limited to the privacy policy found at http://www.sands-style.com/content/privacy-policy (“Privacy Policy”), which sets out the terms on which SCMPP handles any personal data collected from you, or that you provide to SCMPP.

(b) By using Sands-style.com (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions of this Agreement. The right to use Sands-style.com is personal to you and is not transferable to any other person or entity.

(c) From time to time, Sands-style.com may contain events, contests and activities to which a separate set of terms and conditions apply. In the event of a conflict between those terms and conditions and this Agreement, those terms and conditions will prevail with respect to the events, contests and activities only.

 

3. Your Account

(a) You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.

(b) You must never use another user’s Account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sands-style.com immediately of any breach of security or unauthorized use of your account.

 

4. Privacy Policy.

By using Sands-style.com, you acknowledge that you have read and you agree to the Privacy Policy, including terms under which personal data is collected and may be used and you warrant that all data provided by you is accurate.

 

5. Changed Terms.

SCMPP shall have the right at any time to change or modify the terms and conditions applicable to your use of Sands-style.com, 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 Sands-style.com, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of Sands-style.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

 

6. Changes to Sands-style.com.

SCMPP. shall have the right at any time to change or discontinue any aspect or feature of Sands-style.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

7. Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Sands-style.com and all charges, if any, related thereto.

 

8. Viruses

(a) We do not guarantee that Sands-style.com will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to use Sands-style.com. You should use your own virus protection software.

(b) You must not misuse Sands-style.com by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Sands-style.com, the server on which Sands-style.com is stored or any server, computer or database connected to Sands-style.com. You must not attack Sands-style.com via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Sands-style.com will cease immediately.

 

9. Your Conduct.

(a) You shall use Sands-style.com for lawful purposes only. You shall not post or transmit through Sands-style.com 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 SCMPP express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in SCMPP discretion restricts or inhibits any other users from using or enjoying Sands-style.com will not be permitted. You shall not use Sands-style.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Sands-style.com.

(b) Sands-style.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Sands-style.com are copyrighted as a collective work under copyright laws. SCMPP and its affiliates, if applicable. owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it, except in some cases where the copyright in the content may be owned by licensors and third party content providers. You 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. You may download copyrighted material for your 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 SCMPP 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

(c) You shall not upload, post or otherwise make available on Sands-style.com 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 you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

(d) By submitting material or uploading any content to any public area of Sands-style.com, you automatically grant, or warrant that the owner of such material has expressly granted SCMPP 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. You also permit any other users to access, view, and store or reproduce the material for that their personal use. You hereby grant SCMPP the right to edit, copy, publish and distribute any material made available on Sands-style.com by you.

(e) The foregoing provisions of section [9] are for the benefit of SCMPP, 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.

 

10. Disclaimer of Warranty; Limitation of Liability.

(a) YOU EXPRESSLY AGREE THAT USE OF SANDS-STYLE.COM IS AT YOUR SOLE RISK. NEITHER SCMPP NOR ITS AFFILIATES, ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (“SCMPP PARTIES”) WARRANT THAT SANDS-STYLE.COM WILL BE UNINTERRUPTED, ERROR AND DELAY FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SANDS-STYLE.COM, OR AS TO THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS, RELIABILITY OF CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SANDS-STYLE.COM.

(b) SANDS-STYLE.COM  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, OMISSION, 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. YOU SPECIFICALLY ACKNOWLEDGE THAT SCMPP PARTIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USER OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER  OR A THIRD PARTY (AS APPLICABLE).

(d) IN NO EVENT WILL SCMPP OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING SANDS-STYLE.COM 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 SANDS-STYLE.COM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SANDS-STYLE.COM.

 

11. Monitoring.

SCMPP shall have the right, but not the obligation, to monitor the content of Sands-style.com, including chat rooms and forums, if any, to determine compliance with this Agreement and any operating rules established by SCMPP and to satisfy any law, regulation or governmental request. SCMPP shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Sands-style.com. Without limiting the foregoing, SCMPP shall have the right to remove any material that SCMPP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

12. Indemnification.

You agree to defend, indemnify and hold harmless SCMPP, 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 Sands-style.com by you.

 

13. Prohibition of use.

SCMPP reserves the right at all times to prohibit or deny your use of Sands-style.com or any part thereof immediately and without notice, where SCMPP is of the opinion that you have breached any of the terms and conditions under this Agreement or that such prohibition or denial is appropriate, desirable or necessary in its sole opinion.

 

14. Links from Sands-style.com

Links on Sands-style.com, if any may take you to other sites and you acknowledge and agree that SCMPP have no responsibility for the accuracy or availability of any information provided by linked websites. Links to other websites do not constitute an endorsement or recommendation by SCMPP of such websites or the information, products, advertising or other materials available on those websites.

 

15. Third Party Content.

(a) SCMPP is a distributor (and not a publisher) of content supplied by third parties and users of Sands-style.com where applicable. Accordingly, SCMPP has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other users of Sands-style.com, are those of the respective author(s) or distributor(s) and not of SCMPP.

(b) Neither SCMPP nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Sands-style.com represents the opinions and judgments of the respective information provider, you, or other users who are not under contract with SCMPP. SCMPP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Sands-style.com by anyone other than authorized SCMPP employee spokespersons while acting in their official capacities.

 

16. Governing law and jurisdiction.

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. You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

 

17. Miscellaneous.

(a) 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.

(b) The illegality, invalidity or unenforceability of any provisions of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

 

18. Copyright enquiries.

(a) SCMPP respects the rights of all copyright holders and in this regard, SCMPP has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SCMPP the following information:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) information reasonably sufficient to permit us to contact the complaining party;

(v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) For copyright enquiries please contact:

Customer Relationship Team

Direct line: (852) 2680 8822
Email: digitalsupport@scmp.com

 

19. Other enquiries.

Customer Relationship Team

Direct line: (852) 2680 8822
Email: digitalsupport@scmp.com