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TERMS AND
CONDITIONS
of MobileSuitz {MobileSuitz}
Welcome to MobileSuitz (hereafter called as MSUITZ) Web Site (hereafter
called as "Site"). Access to the Site and use of
the Services provided by MSUITZ (hereafter called as "Services")
are subject to the following terms and conditions (hereafter
called as "Terms") which may be amended, changed
or updated by MSUITZ from time to time without notice to you
and all applicable laws and regulations in Hong Kong Special
Administrative Region of the People's Republic of China (hereafter
called as "HKSAR") or other countries, including
the laws and regulations governing copyright and trademarks.
By accessing the Services and the Site, you agree to be bound
by these Terms as amended by MSUITZ from time to time.
SITE CONTENTS
All materials used and displayed on the Site (including but
not limited to text, photographs, video, audio and graphics,
music, logos, marks and other materials that appear on the
Site) ("Contents") are owned by or licensed to MSUITZ
and its proprietors and are protected by copyrights, trademarks,
Services marks, and/or other proprietary laws of HKSAR or
other countries ("the Intellectual Property Rights")
and all present and future Intellectual Property Rights in
and to the Contents shall at all times be the sole and exclusive
property of MSUITZ. You agree that the use of the Contents
on the Site is solely for personal and noncommercial (other
than for the purchase of merchandise from the Site) purposes
(the "Permitted Use") provided that no right, title
or interest of any nature in the Contents downloaded or copied
for the Permitted Use shall be transferred to you. You acknowledge
that you have no ownership rights or license rights in and
to, the Contents other than the limited right to utilize the
Services for the Permitted Use in accordance with these Terms.
You may not reproduce, publish, transmit, distribute, display,
modify, create derivative works from, store to construct a
database of any kind for access by you or any third party,
offer for or participate in the sale of, or exploit in any
way, in whole or in part, the Contents on the Site without
the written consent of MSUITZ.
COMMENTS, FEEDBACK, PHOTOS, POSTCARDS
AND OTHER SUBMISSIONS FROM USERS
You agree that all comments, feedback, photos, postcards,
suggestions, ideas, and other submissions in whatever form
disclosed, submitted or offered to MSUITZ on or through the
use of the Site or otherwise disclosed, submitted or offered
in connection with your use of the Site (the "Comments")
shall be deemed not confidential. Such disclosure, submission
or offer of the Comments shall constitute an assignment to
MSUITZ of all Intellectual Property Rights in the Comments.
MSUITZ shall thereafter own exclusively all the Intellectual
Property Rights in the Comments and shall not be limited in
any way in its use, commercial or otherwise, of the Comments.
MSUITZ shall not be obliged to (1) maintain any of the Comments
in confidence (except that MSUITZ shall not disclose your
identity without your consent); (2) compensate you for the
assignment of the Comments to MSUITZ; or (3) respond to any
of the Comments.
You agree that no Comments submitted to the Site will violate
any right of any third party, including the Intellectual Property
Rights and the Comments will not contain libelous, unlawful,
abusive or obscene material. You shall remain solely responsible
for the content of any Comments you make. If any of the Comments
is suspected to constitute copyright or other intellectual
property rights infringement, MSUITZ reserves the right to
require a written confirmation from you confirming that you
are the owner of such rights or you are authorized to act
on the owner's behalf.
You agree that MSUITZ may use and/or disclose information
about your use of the Site in any manner that does not reveal
your identity in promotional and marketing activities or product
updates.
MSUITZ'S COMMUNICATIONS
TO YOU
You agree that MSUITZ may send electronic mail to you for
the purpose of advising you of changes or additions to the
Site or to the Contents or for such other purpose(s) as MSUITZ
deems appropriate. You may inform MSUITZ in writing if you
do not wish to receive such communication from MSUITZ.
LINKS TO OTHER
WEB SITES
MSUITZ may provide links to other sites or resources. MSUITZ
shall not be responsible for the contents and services of
such sites and resources that it is hyper-linked to. MSUITZ
shall not be responsible for any content, advertising, products,
or other materials on such sites or resources and shall not
be responsible for any damage or loss caused by or in connection
with the use of such sites or resources.
DUTY AND OBLIGATION
TO NON-TARGET CLIENTS OR SURFERS
The site is ONLY intended for use and access by natural persons
physically situated in HKSAR. All terms, conditions, details,
warranties, indemnities, invitations, agreements, products,
sale item, auction item, materials, advice or information
or MSUITZ provided through or via the Internet, telephone
communications, television or radio broadcasting, or any form
of media or telecommunications are intended for natural persons
physically situated in HKSAR. Please refer to the GOVERNING
LAW below.
DISCLAIMER
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND PRODUCTS
IS AT YOUR SOLE RISK. THE SITE AND CONTENTS ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. MSUITZ SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE
LOSSES RELATED TO YOUR USE OF THE SITE, THE SERVICES AND PRODUCTS.
ALL ADVICE OR INFORMATION IN THE SITE IS FOR YOUR INFORMTION
ONLY. PROFESSIONAL ADVICE OR OPINIONS MUST BE SOUGHT TO CLARIFY
AND JUSTIFY ALL ADVICE OR INFORMATION PROVIDED IN THE SITE.
MSUITZ DO NOT WARRANT OR INDEMNIFY THE ACCURACY OR RELIABILITY
OF ALL ADVICE OR INFORMATION PROVIDED IN THE SITE.
INDEMNITY
You agree to defend, indemnify and hold MSUITZ harmless from
and against all claims, damages, costs and expenses, including
legal costs, arising from or related to (a) your use of the
Site, the Services and the Products and (b) your submission
or transmission of the Comments to MSUITZ.
TERMINATION
You agree that MSUITZ may at any time at its sole discretion
terminate without giving reason your access to the Site and
the provision of the Services and MSUITZ shall not be liable
for any loss of any kind that you may suffer as a result of
such termination.
GOVERNING
LAW
This Agreement shall be governed by and construed in accordance
with the laws of HKSAR, without regard to any conflict of
law provisions. You irrevocably agree that the courts of HKSAR
shall have exclusive jurisdiction in relation to any claim
or dispute concerning this Agreement.
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