||TERMS AND CONDITIONS
Article 1. Application of the Terms
1. The Terms apply to all those who access the Site (hereafter, “Users”) and either view content (including various forms of data, documents, software, video, audio, pictures, and images) or use any of the various services provided by the Site.
2. A variety of other terms and rules (hereafter, “Other Rules”) regarding use of the Site and stipulated separately by the Company may be appended to, and constitute part of, these Terms.
3. Wherever these Terms and Other Rules address the same subject but differ in content, the Other Rules shall take precedent.
Article 2. Changes to the Terms
1. The Company reserves the right to make changes or revisions to these Terms as necessary without the prior consent of Users. User consent will be assumed for said changes and revisions.
2. The changes and revisions noted in 1. above will take effect as soon as notice of the terms and/or rules is posted to the Site.
Article 3. Notifications from the Company
1. The Company will issue notifications to Users regarding Site usage and Site services either by posting notices on the Site, sending e-mail, or using whatever other method the Company deems appropriate.
2. The Company does not take responsibility for damages or losses incurred by Users if Users are unable to confirm e-mail notifications sent by the Company because said notifications either fail to arrive at the User’s registered e-mail address or because of any other reasons.
Article 4. Use of User Information
The Company will manage and use personal information received from Users in the course of their use of the Site according to our separately stipulated Policy on Protection of Personal Information.
Article 5. Use of the Site
1. Users shall use the Site and services provided by the Site in accord with these Terms, the Other Rules, and any additional regulations stipulated by the Company.
2. The Company reserves the right to change, suspend, or abolish the content, scope, etc. of the Site and services provided by the Site without the prior consent of Users.
Article 6. User Responsibility
1. When accessing the Site, or as a result of accessing the Site, users view content (including various forms of data, documents, software, video, audio, pictures, and images) and use the various services provided by the Site under their own sole responsibility.
2. Users use the Site with consent to these Terms and do so under their own responsibility, while assuming any costs incurred. Users are also solely responsible for acquiring the equipment necessary for use of the Site, including communications equipment, software, telecommunications lines, etc.
3. Users shall take responsibility for maintaining the above-mentioned equipment on their own, so that no difficulty is encountered when using the Site.
4. The Company makes no guarantee regarding the use of external links on the Site. Users access these external links under their own responsibility.
Article 7. Prohibited Items
Users are prohibited from the following forms of conduct.
1. Fabricating information when registering to use the Site.
2. Acting in such a way that interferes with the administration of the Site or threatens to interfere with the provision of services by the Site.
3. Altering or deleting information from the Site, or sending or posting false information.
4. Infringing on, or pursuing conduct that threatens to infringe on, the intellectual property rights or trademark rights of other Users, third parties, or the Company.
5. Discriminating against, slandering, or damaging the reputation or credibility of other Users, third parties, or the Company.
6. Damaging, or pursuing conduct that threatens to damage, the privacy rights, portrait rights, publicity rights, or property of other Users, third parties, or the Company.
7. Sending unsolicited email, such as advertisements, promotions, or solicitations, to other Users, third parties, or the Company; sending e-mail that is disturbing to the recipient; acting to interfere with other Users’ receipt of e-mail; asking Users to forward chain letters or responding to requests to forward chain letters.
8. Acting illegally, such as any conduct related to fraud.
9. Transmitting or posting images, text, etc. that are obscene or related in any
way to child abuse.
10. Using, providing, or promoting the use of computer viruses or other damaging programs.
11. Using the Site under the identity of other Users or third parties.
12. Attempting to inappropriately access any other computers, systems, or networks that are connected to the Site.
13. Acting in violation of any other laws, regulations, or social orders (including prostitution, violence, cruelty, etc.), or acting in any way that disadvantages other Users, third parties, or the Company.
14. Acting in support of any of the above-mentioned prohibited activities.
15. Acting in any other way deemed inappropriate by the Company.
Article 8. Maintenance
Users shall consent to partial or complete Site disruptions, without prior notice, for the purpose of maintenance intended to preserve the proper operation of the Site. The Company shall assume no responsibility for compensation for damages or losses incurred to Users from said Site disruptions.
Article 9. Damages
Should a User of the Site cause damage to the Company or to a third party, said User shall be responsible and liable for any compensation for said damages. Additionally, Users shall be individually responsible for their own conduct in responding to advertisements or the services offered by advertisements posted on the Site. The Company shall assume no responsibility whatsoever for this conduct or results from it.
Article 10. Intellectual Property Rights
1. The various information (including text, images, pictures, audio, video, and software programs) acquired by Users from viewing or using the Site is intellectual property whose copyrights and intellectual property rights belong to the Company or to the information’s owner and are protected according to laws and ordinances.
2. Users of the Site are prohibited from reprinting, copying, etc. this information without the consent of the Company or the information’s owner. Additionally, conduct that damages or threatens to damage intellectual property rights is prohibited.
3. If problems arise due to the violations of these clauses, the User involved bears the responsibility and costs associated with resolving the problem(s), and the shall not impose any burden or liability upon the Company.
Article 11. Exemptions Regarding Commercial Products, etc.
1. Guarantees, and unspecified guarantees in particular, concerning products sold as part of the Site’s services shall be based upon the details of the warranties attached to or clearly specified by the product(s) in question. The Company does not guarantee the quality, substance, or compatibility with other products of products sold as part of the Site’s services. However, this does not include instances of willful or egregious fault on the part of the Company.
2. The color and shape of products, etc. as shown on your screen may differ from the actual product due to computer monitor settings, etc.
3. With regard to purchases and transactions for products. etc. on the Site, the Company shall be exempt with regard to mishaps surrounding attempts to contact Users at the contact address entered by the User or registered to the User, as well as attempts to send products, etc. to Users via the shipping address specified at the time of purchase.
4. The Company makes no guarantee whatsoever regarding the accuracy, completeness, or timeliness of product, etc. explanations and/or labels shown in services provided by the Site, though we make every attempt to ensure the quality of these explanations and/or labels. If a discrepancy exists between the product’s actual condition and the description of the product, the product’s actual condition shall take precedent.
5. Regardless of any legal cause of action, the Company shall take no responsibility whatsoever for any kind of damages, losses, or disadvantages not specified in the Clauses above and arising from use of the Site’s services or from products sold in relation to the Site’s services.
Article 12. Information Management
The Company shall be permitted to delete, without User input, any comments or other information sent to the Site by the User should any of the following Clauses apply.
1. The information clearly infringes on the Company’s or a third party’s copyrights or other rights, or the information is deemed clearly defamatory to the reputation or credibility of the Company or a third party.
2. The Company receives notice from a third party that the information infringes on the Company’s or a third party’s copyrights or other rights, or that the information is defamatory to the reputation or credibility of a third party.
3. The information is deemed to be clearly in violation of Hong Kong or other applicable foreign laws.
4. An order is received from a government or municipal office to delete the information.
Article 13. Exemption Clauses
1. The Company takes no responsibility or liability for compensation for damages, losses, etc. incurred by Users through use of the Site or through the inability to use the Site. Users shall consent to this provision.
2. The Company shall be exempt from responsibility for any trouble arising from processing User information through the registration process or through purchase processes.
3. Regardless of any legal cause of action, the Company shall take no responsibility whatsoever for damages, losses, or disadvantages arising from use of the Site or from services provided by the Site.
4. The Company shall not be involved in anyway with addressing damages, etc. to other Users or third parties as a result of a User’s use of the Site or services provided by the Site. Should such damages. etc. occur, said Users shall take individual responsibility for resolving the issues and any related costs.
Article 14. Exclusive Agreement Jurisdictional Court
The Hong Kong Special Administrative Region Courts shall be the exclusive agreement jurisdictional courts of first instance should it be necessary for the Company or a User to file suit in regard to these Terms or any other terms related to the Site.
Article 15. Applicable Laws
The laws of Hong Kong shall be the laws governing these Terms and all other terms related to the Site.
Article 16. Termination
Based on its own discretion, the Company shall be allowed, with prior notice, to terminate the site for any reason.
Article 17. Other
1. The method of communication between the Company and Users shall be e-mail, telephone, or fax.
2. Problems, regarding use of the Site and/or services provided by the Site, that cannot be resolved by these Terms, the Other Rules, or guidance from the Company, shall be resolved through amicable discussion between the User and the Company. Article 18. Additional Rules
These Terms take effect and apply to all Users starting September 1, 2013.