Terms Of Use
UNLESS
OTHERWISE SPECIFIED BY Organo™ Gold International (H.K.) Limited ( "we", "us" or "our") IN THIS WEBSITE OR
PURSUANT TO SEPARATE LICENCES GRANTED BY US, YOU MUST NOT DOWNLOAD, COPY,
REPRODUCE, PUBLISH, TRANSMIT, DISTRIBUTE OR RESELL ANY PICTURES, IMAGES OR
CONTENT FROM THIS WEBSITE IN ANY FORMAT AND BY ANY MEANS. FOR REQUISITION OF
OUR AGREEMENT/ LICENCE FOR USE OF OUR PICTURES, IMAGES OR CONTENT, PLEASE REFER
TO OUR cs@organo.hkno.hk FOR ENQUIRY.
BY USING
THIS WEBSITE, YOU ARE BOUND BY THE TERMS OF USE STATED HEREIN.
1. Information
This website, including the set of related web pages located under our domain
name www.organo.hk ("Website"),
presents information, data, content, photo, picture, video, audio and other
materials and items, tangible, or intangible (collectively, the “Information”).
By visiting this Website, you agree that such access is your understanding and
agreement that we are granting you a non-exclusive, non-transferable, and limited
license to access this Website in accordance with these Terms of Use.
2. Change of Terms of Use
We may change, add to or delete terms from these Terms of Use from time to time
in our sole discretion without notice or liability to you. By continuing to use
this Website following such modifications to the Terms of Use, you agree to be
bound by such modifications.
3. Changes to Website
We may, at our absolute discretion and at any time, without prior notice to
you, add to, amend, or remove material from this Website, or alter the
presentation, substance, or functionality of this Website.
4. User Conduct on this
Website
As a condition of your use of this Website, you may not:
(a) |
trespass,
break into, access, use or attempt to trespass, break into, access or use any
other parts of our servers, and/or any data areas for which you have not been
authorized by us; |
(b) |
restrict
or inhibit any other user from using and enjoying this Website; |
(c) |
post or
transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive, or otherwise
objectionable or unreasonable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability, or otherwise
violate any local, national or foreign law, infringe any intellectual
property right, proprietary rights or confidentiality obligations of others; |
(d) |
post or
transmit any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited commercial
communication, or engage in spamming or flooding; |
(e) |
post or
transmit any information or software which contains a virus, trojan horse,
worm, spyware or other harmful component; |
(f) |
post,
publish, transmit, reproduce, distribute or in any way exploit any
Information obtained through this Website for commercial purposes without our
prior written permission (unless otherwise specified by us in this Website or
pursuant to separate licence granted by us); |
(g) |
upload,
post, publish, transmit, reproduce, or distribute in any way, any component
of this Website itself or any Information obtained through this Website which
is protected by copyright, or other proprietary right, or create derivative
works with respect thereto, without our prior written permission (unless
otherwise specified by us in this Website or pursuant to separate licence
granted by us); |
You have no
rights in or to the Information and you will not use the Information, except as
permitted under these Terms of Use and/or in accordance with separate licence
granted by us.
5. Third Party Information
The Information may contain information provided by third parties or sourced by
us from business information sources and other references or sources.
We are not responsible if any such
Information is not up-to-date. We do not separately verify the Information
provided by such third party or agency and you are cautioned thus to the
reliability and accuracy of the Information accordingly. We do not accept any
responsibility whatsoever in respect of any such Information. Any use of and
reliance of such Information is at your own risk.
6. Prohibition of Access
Whilst we shall use commercially reasonable efforts to provide users with
access to this Website twenty-four (24) hours per day, we cannot guarantee your
access and you acknowledge that we make no representation or warranty that this
Website will be available. You are responsible for your own hardware, software
and facilities and we cannot guarantee compatibility of this Website with your
systems.
We shall be entitled, at our sole discretion, to (a) temporarily suspend this
Website to upgrade or modify this Website, and/or (b) restrict your access to
and use of this Website where we consider it reasonably necessary for the
operation of this Website. We shall not be responsible for any loss or damage
you may incur as a result of any such suspension, restriction or prohibition.
We reserve the right at all times to prohibit or deny your access to this
Website or any part thereof immediately and without notice, where we are of the
opinion that you have breached any of the terms contained in these Terms of Use
or that such prohibition or denial is appropriate, desirable or necessary in
our sole opinion.
7. Links to and from this
Website
Links on this Website may take you to other sites and you acknowledge and agree
that we 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 us of such websites or the Information,
products, advertising or other materials available on those websites.
8. Embedded Content
Embedded content (including embedded images, audio and video content and text)
on this Website that is identified with social media such as Facebook, Twitter,
YouTube, Sina Weibo, and Instagram are embedded from third party hosted sites.
Embedded content is subject to the license terms of the website or digital
platform at which such content is hosted, or the license terms imposed by the
owner of such content. Embedded content may be used or linked to only in
accordance with the terms of the relevant license. You are liable for any
consequences of failure to comply with those license terms.
9. User Generated Content
This Website may include features that support and publish User Generated
Content, which is defined as any comments, discussions, Visualization Threads,
audio and video content and other content submitted by registered users for uploading
onto the Website. By accessing the Website, you agree that you will not make
use of these features:
(a) |
To make
comments that are threatening, knowingly false, or unlawful; to use foul
language; or to engage in personal attacks; |
(b) |
To
impersonate any person or entity or create a false identity (other than a
pseudonym) on the Website; |
(c) |
To post
material that infringes a copyright, trademark, or patent right, trade secret
or other legal right of any person, corporation or institution or any right
of privacy; |
(d) |
To
collect, print out, reproduce, distribute, or otherwise make available or use
any personally identifiable information about other users; |
(e) |
To engage
in any conduct prohibited under these Terms of Use. |
By
submitting User Generated Content for publication on this Website, you
grant Family Tree an irrevocable, worldwide, transferable,
royalty-free, non-exclusive, sub-licensable license to reproduce, publicly
perform, publicly display, edit, create derivative works of, and distribute
said content.
By submitting User Generated Content, you warrant and represent that you own or
otherwise control all of the rights to your content, including without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the content, grant the license as above mentioned and for us to post,
upload, cross-post and cross-upload the content.
You may edit or remove content you have posted on this Website at any time.
When you delete content from the Website, such deleted content, while not
available to the viewing public and other site users, will remain on the
Website server until such time as you make a specific request to us for
permanent deletion of such content from the Website server. (We may retain an
archival copy of such content as may be required by relevant law, rule or
regulations or for auditing purposes.) Such requests may be made in writing,
via email as follows:
Email to: cs@organo.hk
You further
understand and agree that User Generated Content posted to the Website will be
made available for the public to access, view, and use under the License
described above. Specifically, you understand that if you submit a
Visualization Thread for publication on the Website, activate the Website
functionality or respond affirmatively to the Website messages and enable
public sharing, it will be visible to anyone in the public.
You understand and agree that we may monitor User Generated Content on the
Website, and that we reserve the right to modify, edit, or remove any of said
content at our discretion, without notice, and for any reason. You further
understand and agree that we may prescreen User Generated Content and may
decide, in our discretion, without notice, and for any reason, not to publish
it. We assume no responsibility for monitoring, modifying, removing, or
declining to publish User Generated Content.
You further understand and agree that the views and opinions expressed by other
users on this Website are theirs alone and should not be ascribed to Organo™ Gold
International (H.K.) Limited. User Generated Content and
Third-Party Information are the sole responsibility of the users and third
parties, and their accuracy and completeness are not endorsed or guaranteed by
us. User Generated Content and Third-Party Information are the property of the
creator or copyright holder and we claim no right, title or interest to any
such content and disclaim all warranties and liabilities related thereto.
If you believe your copyright-protected work was posted on this Website without
authorization, you may submit a copyright infringement notification to us
requesting for removal of the content, via email as follows:
Email to: cs@organo.hk
These
requests should only be submitted by the copyright owner or an agent authorized
to act on the owner’s behalf together with valid proof of ownership. We reserve
the right to modify, edit, or remove any of said content subject to copyright
infringement notification at our discretion, without notice, and for any
reason. You agree that we may terminate your account if your account has been
notified of infringing activity more than twice.
10. Intellectual Property
Right
All intellectual property rights subsisting in respect of this
Website belong to us or have been lawfully licensed to us for use on this
Website. All rights under applicable laws are hereby reserved. While you may
download or print material from this Website for your personal, non-commercial
use, it remains the property of Organo™ Gold International (H.K.) Limited, unless
otherwise stipulated.
Unless otherwise specified by us in this Website or pursuant to separate license
granted by us, you are not allowed to upload, download, post, publish,
reproduce, transmit or distribute in any way any component of this Website
itself or create derivative works with respect thereto as this Website is
copyrighted under applicable laws.
You agree that we are free to use, disclose, adopt and modify all and any
ideas, concepts, know-how, proposals, suggestions, comments and other
communications and information provided by you to us (“Feedback”) in connection
with this Website without any payment to you. You hereby waive and agree to
waive all and any rights and claims for any consideration, fees, royalties,
charges and/or other payments in relation to our use, disclosure, adoption
and/or modification of any or all of your Feedback.
11. Limited Liability and
Warranty
All Information is for your general
reference or use pursuant to any license separately granted by us only. We do
not accept any responsibility whatsoever in respect of such Information.
YOUR ACCESS TO AND USE OF OUR WEBSITE IS
AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE”. THIS WEBSITE IS FOR
YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS ADVERTISED,
BOUGHT OR SOLD USING THIS WEBSITE OR ANY WARRANTIES ON MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. REFERENCE IN THIS WEBSITE TO ANY THIRD
PARTY PRODUCTS, EVENTS OR SERVICES DO NOT CONSTITUTE OR IMPLY OUR ENDORSEMENT
OR RECOMMENDATION OF ANY KIND.
Without limiting any exclusion specifically provided for in these Terms of Use,
we shall in no event be liable for any costs, damages or liability for any
unauthorized use of this Website or breach of security relating to this
Website.
We do not guarantee or assume any responsibility that and you acknowledge that
we make no representation or warranty, that:
(a) |
the
Information on this Website is accurate, adequate, current or reliable, or
may be used for any purpose other than for general reference or as specified
in any separate licence granted by us; |
(b) |
the
Information on this Website is free of defect, error, omission, virus or
anything which may change, erase, add to or damage your software, data or
equipment; |
(c) |
messages
sent through the internet will be free from interception, corruption or loss; |
(d) |
access to
this Website will be available or be uninterrupted; or |
(e) |
defects
in this Website will be corrected. |
In no event shall we be
liable (whether in tort or contract or otherwise) to you or any other person
for any direct, indirect, incidental, special, punitive or consequential
damages, including any loss of business or profit, arising out of any use, or
inability to use, errors or omission in this Website or the Information, even
if we have been advised of the possibility of such damages.
You will exercise and rely solely on
your own skill and judgment in your use of this Website and use and
interpretation of the Information. You are responsible to ensure that your use
of this Website and the Information complies with all applicable legal
requirements.
The limitation of liability contained in
these Terms of Use will apply to the fullest extent permitted by applicable
laws.
12. Indemnity
You agree to defend, indemnify, and hold us, our employees, agents, officers,
directors, agents, contractors, suppliers, and other representatives harmless
from and against all liabilities, damages, claims, actions, costs and expenses
(including legal fees), in connection with or arising from your breach of these
Terms of Use and/or your use of this Website. We may, if necessary, participate
in the defense of any claim or action and any negotiations for settlement. You
will not make any settlement that may adversely affect our rights or
obligations without our prior written approval. We reserve the right, at our
own expense and on notice to you, to assume exclusive defense and control of
any claim or action.
13. Privacy Policy
For information about our privacy policies and practices, please
refer to our Privacy
Policy.
14. Partial Invalidity
The illegality, invalidity, or unenforceability of any provisions of these
Terms of Use 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.
15. Miscellaneous
No waiver of any breach under these Terms of Use will amount to a waiver of any
other breach. The headings in these Terms of Use are for convenience only and
do not affect interpretation.
16. Governing Law and
Jurisdiction
These Terms of Use shall be governed by the law of the Hong Kong
Special Administrative Region of the People’s Republic of China. You agree to
submit to the exclusive jurisdiction of the Hong Kong Court.