UNLESS OTHERWISE SPECIFIED
BY US IN THIS WEBSITE OR PURSUANT TO SEPARATE LICENCES GRANTED BY US, YOU
MUST NOT DOWNLOAD, COPY, REPRODUCE, PUBLISH, TRANSMIT, DISTRIBUTE OR RESELL
ANY PICTURES FROM THIS WEBSITE IN ANY FORMAT AND BY ANY MEANS. FOR REQUISITION
OF OUR AGREEMENT/ LICENCE FOR USE OF OUR PICTURE, PLEASE REFER TO OUR TERMS
AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF PICTURE AND TRCINFO@hktb.com
FOR ENQUIRY.
BY USING THIS WEBSITE,
YOU ARE BOUND BY THE TERMS OF USE STATED HEREIN.
| 1. |
Information
This Website presents information,
data, content, photo, picture, video, audio and other materials
and items, tangible or intangible (collectively, the "Information").
If we agree to grant you access to this Website such access shall
be a non-exclusive, non-transferable and limited licence to access
this Website in accordance with these Terms of Use.
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| 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.
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| 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.
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| 4. |
User Conduct on this
Website
As a condition of your use of this
Website, you may not:
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(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;
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(b) |
restrict or inhibit any other user
from using and enjoying this Website;
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(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, state, national or foreign law, infringe any intellectual
property right, proprietary rights or confidentiality obligations
of others;
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(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;
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(e) |
post or transmit any information or
software which contains a virus, trojan horse, worm or other harmful
component;
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(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);
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(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);
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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.
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| 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.
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| 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.
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| 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.
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| 8. |
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 Hong Kong Tourism Board, unless otherwise stipulated.
Unless otherwise specified by us in
this Website or pursuant to separate licence 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.
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| 9. |
Limited Liability
and Warranty
All Information is for your general
reference or use pursuant to any licence 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:
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(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;
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(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;
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(c) |
messages sent through the internet
will be free from interception, corruption or loss;
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(d) |
access to this Website will be available
or be uninterrupted; or
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(e) |
defects in this Website will be corrected.
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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.
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| 10. |
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 defence 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 defence and control of any claim or action.
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| 11. |
Privacy Policy and
Personal Information Collection Statement
For information about our privacy policies
and practices, please refer to our Privacy
Policy and Personal Information
Collection Statement.
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| 12. |
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.
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| 13. |
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.
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| 14. |
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.
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