WELCOME TO ACCELERAM.COM. THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN
YOUR USE OF THE WEBSITE (“SITE”) AND YOUR RELATIONSHIP WITH ACCELERAM
LIMITED (THE “COMPANY”). YOU SHOULD READ THESE TERMS CAREFULLY BEFORE
USING THIS SITE, PARTICULARLY AS THEY INCLUDE LIMITATIONS AND EXCLUSIONS
ON THE LIABILITY OF THE COMPANY. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS AND CONDITIONS, DO NOT USE OR BROWSE THIS SITE OR ANY INFORMATION
CONTAINED ON THE SITE. YOUR USE OF THE SITE MEANS YOU AGREE, WITHOUT
LIMITATION OR QUALIFICATION, TO ABIDE BY THE TERMS AND CONDITIONS BELOW.
This website (the "Site") is published and maintained by
the Company. You can e-mail us at
info@acceleram.com.hk. When you access, browse or use this Site you
accept, without limitation or qualification, these Terms and Conditions.
Registration Required
You agree, in consideration of your use of the Site : (a) to provide true,
accurate, current and complete information (the “Registration Data”) about
yourself as a member as required by the registration form and (b) to
maintain and promptly update the Registration Data to ensure that it
remains at all times current, complete, true and accurate. If you provide
any information that does not meet those standards, or the Company has
reasonable grounds to suspect that such may be the case, the Company has
the right, exercisable in its sole discretion, to suspend or terminate
your membership and to refuse to provide you with any or all current or
future access to or use of the Site (or any part of it).
Member Account, Password and Security
Each person whose application for registration for membership is approved
by the Company will receive a password and membership designation upon
completion of the Company’s registration process. Members are responsible
for maintaining the confidentiality of their password, and shall accept
full responsibility for all activities that occur under their password or
account, whether or not made with the member’s knowledge or by the
member’s authority. Each member agrees (a) to take all reasonable
precautions to prevent fraudulent use of the member’s password, (b) to
immediately notify the Company of any loss, theft, misuse, disclosure or
unauthorized use of the member’s password or membership or any other
breach of security, and (c) to ensure that the member exits from the
member’s membership login to the Site at the end of each session. The
Company will not be liable for any loss or damage arising from the
member’s failure to comply with these rules.
Your Right to Use the Site and its Contents
This Site is only for your personal use. You may not distribute, exchange,
modify, sell or transmit anything you copy from this Site, including but
not limited to any text, images, audio and video, for any business,
commercial or public purpose. As long as you comply with the terms of
these Terms and Conditions, the Company grants you a non-exclusive,
non-transferable, limited right to enter, display and use this Site. You
agree not to interrupt or attempt to interrupt the operation of this Site
in any way.
Copyright and Trade Marks
This Site and the copyright in all materials on this Site, including but
not limited to all text, information, graphics, animation, images,
software and any other materials on this Site (“Content”) and the
arrangement of this Content are owned by or licensed to the Company. The
trade marks on this Site and any other names, images and logos identifying
the Company and its products and services are proprietary trade marks of
the Company. The names and logos of other companies and products mentioned
on this Site may be the trade marks of third parties, including our
business partners and are used by us with the permission of their
respective owners.
You cannot use the Content except as specified in these Terms and
Conditions. You agree to follow all instructions on this Site limiting the
way you may use the Content. By making the Content available on this Site,
the Company is not granting you any license to utilize any proprietary
logos, service marks, or trademarks. Any unauthorized use of the Content
may violate copyright laws, trade mark laws, the laws of privacy and
publicity, and civil and criminal statutes.
You may download one copy only of the Content to be used only by you for
your personal non-commercial use.
You agree you will not :
remove any copyright or trademark notices or other notices that go with
it;
alter or remove any copyright, trade mark or other proprietary notice of
the Company or of any other company appearing on this Site;
modify, frame or edit the Content or publish or sell the Content including
but not limited to making the content available on any other website;
reverse engineer, translate, adapt or modify any software used in
connection with this Site;
create any links from any other website to this Site without the Company’s
express prior written permission; or
use any Content copied from this Site for any business, commercial or
public purpose.
Content may not be Resold
Each member agrees not to reproduce, duplicate, copy, sell, resell or use
for any commercial purposes, any portion of the Site or any Content
forming a part thereof.
The Company's Rights to User's Material
If you send any communications or materials to the Site by electronic mail
or otherwise, including any comments, data, questions, suggestions or the
like, all such communications are, and will be treated as,
non-confidential and non-proprietary. Thus, you give up any claim that any
use of such material violates any of your rights including moral rights,
privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including the
right to approve the way the Company uses such material.
Any material submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold,
transmitted or used by the Company anywhere in the world, in any medium,
forever. Furthermore, the Company is free to use, without any compensation
to you, any concepts, ideas, know-how or techniques contained in any
communication you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products using
such information. However, you agree and understand that the Company is
not obligated to use any such ideas or materials and you have no rights to
compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You
understand that any message or information you send to this Site may be
read or intercepted by others unless there is a special notice from the
Company that a particular message is encrypted. Sending a message to the
Company does not cause the Company to have any special responsibility to
you.
Use and Storage Practices
Each member acknowledges and agrees that the Company may establish general
practices and limits concerning the use of the Site, including without
limitation imposing a maximum on the number of days that email messages
will be retained by the Site, imposing a maximum on the number of email
messages that may be sent from or received by the member on the Site,
imposing a maximum on the size of any email message that may be sent from
or received by the members on the Site, imposing a maximum on the amount
of disk space that is allotted on the Company’s servers on the member’s
behalf, and imposing a maximum on the number of times (and the maximum
duration for which) members may access the Site in a given period of time.
Each member acknowledges and agrees that the Company has no responsibility
or liability for the deletion or failure to store any messages or other
communications or other Content maintained or transmitted by the Site on
such member or any other person’s or entity’s behalf. Each member
acknowledges that the Company reserves the right to terminate memberships
that are inactive for an extended period of time. Each member further
acknowledges that the Company reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
All information on projects is displayed “as is”, as has been submitted by
contributing members. The Company does not interfere whatsoever with the
actual content of the displayed database records. The Company simply
copies the information to the online database, believing in good faith
that it is accurate. The Company does not check the accuracy of the
information prior to publication on the Site.
The Company does not guarantee that the Content of the displayed records
represents accurate information. The Company does not accept any
responsibility whatsoever resulting form inaccuracy of any kind, intended
or not, of the information displayed on this Site. The Company does not
accept responsibility for any damages, direct or indirect, incurred as a
result of the information displayed on this Site.
The Company makes every possible effort to copy the records accurately to
the online database, and ensure the integrity and availability of the
database. If information is copied to the online database inaccurately due
to human error of the Company’s staff or for any other reason, the
liability of the Company is limited strictly to correct the entries. The
Company does not accept any other liability whatsoever for damages or
losses, direct or indirect, resulting from the use of the database by
users of this Site.
Each member agrees that the member must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
completeness, accuracy or usefulness of such Content.
The information displayed on this Site has been contributed willingly by
members, either directly or indirectly or through messages sent to the
Company’s offices. It is the responsibility of contributing members to
ensure that the items submitted have not been copyrighted by somebody
else.
Arrangements between Members
The Company acts as an intermediary only and shall not be responsible for
any representations made by any member or for any contract or arrangement
entered into between a member and another member or third party, which
shall be considered by the Company to be a private matter between the
parties. Members are solely responsible in connection with completing all
legal, financial and logistical requirements related to any transaction
entered into between them. Relationships between members shall be governed
by the terms of any contract entered into between those members and the
Company accepts no liability whatsoever for any loss or damage of any kind
arising as a result of private transactions entered into between members.
Availability of Online Data
The Company has taken every reasonable step to ensure the 24-hour
availability of the online data and the easy and fast access of every
visitor to it. Should the Site or the online database become unavailable
or operate incorrectly due to any kind of technical reasons, or for any
other unforeseen circumstances, the Company will make every reasonable
effort to restore normal operation in the shortest possible time. The
Company does not accept any other responsibility for any problems or
damages, direct or indirect, resulting from the unavailability or
incorrect operation of the Site or of the online database.
The Company has taken specific steps to ensure that the Site can be
accessed by large numbers of users simultaneously, without speed
degradation and without communication problems. The Company does not
accept any responsibility for any communication problems which might
affect the accessibility of users to the Site.
Links
This Site may contain links to other Internet sites on the World Wide Web.
The Company provides such links for your convenience only, and is not
responsible for the content of any site linked to or from this Site, which
is not under its direct control. Links from this Site to any other site do
not mean that the Company approves of, endorses or recommends that site.
The Company accepts no responsibility or liability in respect of such
third party Content, or for the operation of other sites and disclaims all
warranties, express or implied, as to the accuracy, legality, reliability
or validity of any content on any other site. Please also note that use of
such third party sites will be subject to their own terms and conditions.
Use by persons under 18
This Site is designed and intended for use only by adults. Minors under
the age of 18 may not use this Site.
Each time you access, you are representing to the Company that you are an
individual of 18 years of age or older.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL
CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS
PROVIDED ON AN ‘AS IS’ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF
ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, OR THAT THE SERVER
THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT
MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER
PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS
SITE.
Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL
NOT BE LIABLE FOR ANY INDIRECT LOSSES INCLUDING LOSS OF PROFITS, LOSS OF
OPPORTUNITY, LOSS OF DATA OR ANY OTHER CONSEQUENTIAL OR SPECIAL LOSS,
DAMAGE OR EXPENSE OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THIS SITE OR ANY OF THE CONTENT ON THIS SITE, OR FROM
YOUR ACCESS TO OTHER MATERIAL ON THE INTERNET VIA ANY LINKS TO THIS SITE.
THE COMPANY EXCLUDES ALL LIABILITY FOR ANY INTERRUPTION, DELAY OR
INABILITY TO ACCESS THE SITE, OR ANY ERRORS IN TRANSMISSION FOR WHATEVER
REASON.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY
SHALL NOT BE RESPONSIBLE FOR ANY DIRECT LOSS, DAMAGE OR EXPENSE ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE.
Indemnification
You agree to indemnify, defend and hold the Company and all of its agents,
directors, employees, information providers, licensors and licensees and
officers, (collectively, “Indemnified Parties”) harmless on demand from
and against any and all liability and costs (including, without
limitation, lawyers fees and costs), incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you of these
Terms and Conditions or the foregoing representations, warranties and
covenants. You agree to cooperate as fully as reasonably required in the
Company’s defence of any claim. The Company reserves the right, at its own
expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you and you shall not in any event
settle any matter without the written consent of the Company.
Note Regarding Exclusions and Limitations
Because some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages, certain of the limitations set out above may not
apply to certain users.
Termination of Usage
The Company may terminate or suspend your access to all or part of this
Site or your membership, without notice, for any conduct that the Company,
in its sole discretion, believes is in violation of any applicable law or
is harmful to the interests of another user, a service provider or the
Company. The Company may immediately deactivate or delete the member’s
password or membership and any related information or files relating to
the member’s membership and/or bar any further access to such files or the
Site. Further, each member acknowledges and agrees that the Company shall
not be liable to any member, any user or any third party for the
termination of any member’s access to the Site or any of the foreseeable
or unforeseeable consequences thereof.
Amendment to the Terms or Content on the Site
The Company reserves the right to add to, change or remove any part of
these Terms and Conditions at any time, without notice. The Company will
notify you of such changes by posting an updated version of these Terms
and Conditions on this Site and such changes will apply as soon as they
are posted. You are responsible for regularly reviewing these Terms and
Conditions. Continued use of this Site after any changes are posted shall
constitute your consent to such changes. The Company may add to, change,
discontinue, remove or suspend any other Content posted on this Site,
temporarily or permanently, at any time, without notice and without
liability. If you are dissatisfied with any part of this Site or the
Content, or with these Terms and Conditions, your sole and exclusive
remedy is to discontinue using this Site.
Entire Agreement
These Terms and Conditions and any additional terms posted on this Site
together constitute the entire agreement between the Company and you with
respect to your use of this Site.
Severability
If for any reason a court of competent jurisdiction finds any provision of
these Terms and Conditions, or portion thereof, to be void, voidable or
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this agreement, and the
remainder of these Terms and Conditions shall continue in full force and
effect in that jurisdiction without in any manner affecting the validity
or enforceability of the entirety of these Terms and Conditions in any
other jurisdiction, as though the void or unenforceable provision were not
a part of these Terms and Conditions.
Disputes
The Company reserves the right of final decision in the event of a
dispute.
Applicable Law
This Site is created and controlled by the Company in Hong Kong. As such,
the laws of Hong Kong will govern these Terms and Conditions, without
giving effect to any principles of conflict of laws. Users hereby
irrevocably and unconditionally consent to submit to the non-exclusive
jurisdiction of the courts of Hong Kong for any litigation arising out of
or relating to the use of or services obtained through the Company (and
agree not to commence any litigation relating thereto except in such
courts), waive any objection to the laying of venue of any such litigation
in Hong Kong courts and agree not to plead or claim in any such court that
such litigation brought therein has been brought in an inconvenient forum.
Any cause of action you may have with respect to your use of this Site
must be commenced within (1) year after the claim or cause of action
arises.
Headings
Titles used in these Terms and Conditions are for convenience of reference
only and have no legal or contractual effect.
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