TERMS OF USE & DISCLAIMER

This website of the “Hong Kong Arts Development Council” ("Website") is developed and maintained by the Hong Kong Arts Development Council ("HKADC" or “we”).

Users of this Website (“you” or “user”) should read the terms and conditions below (“Terms of Use”) carefully as they apply to your use of this Website and control all aspects of your access to and use of it. If you do not accept the Terms of Use in full, the use of this Website must be terminated immediately.

HKADC may change the Terms of Use from time to time in its absolute discretion without prior notice or liability to you. By continuing to use the Website following such changes to the Terms of Use, you unconditionally agree to be bound by such changes.

 

DISCLAIMER

  1. You acknowledge and agree that if you decide to browse or utilise the services provided by HKADC, you do it entirely at your own risk. HKADC will not be liable for any loss or damage arising from or in connection with or otherwise associated with browsing or using the Website.
     
     
  2. The information and content provided or compiled by HKADC is based on and governed by the laws of the Hong Kong Special Administrative Region, which means that such information and content may not be suitable to the needs and norms or the practical circumstances of other jurisdictions.
     
     
  3. The information contained on the Website is compiled by HKADC for general information only. Information about the arts activities, news and job details of arts individuals and groups contained on the Website is provided to HKADC by third party individuals and groups.  While HKADC endeavours to ensure the accuracy of information contained on the Website, no statement, representation, warranty or guarantee, express or implied, is given as to its accuracy, adequacy or appropriateness for use in any particular circumstances. HKADC is also not responsible if any such information is not up-to-date.
     
     
  4. HKADC reserves the right to omit, suspend, add to, delete or edit all information on the Website including its presentation or functionality at any time in its absolute discretion without giving any reason or prior notice. Users are responsible for making their own assessment of all information contained in the HKADC website and are advised to verify such information or obtaining independent advice before acting upon it.
     
     
  5. HKADC does not guarantee or assume any responsibility that the information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment, or that messages sent through the Internet will be free from interception, corruption or loss, or that access to the Website will be available or uninterrupted. For the avoidance of doubts, any materials downloaded or otherwise obtained through the use of the services provided by HKADC is done at your own risk and discretion and that you will be solely responsible for any damages to your computer system or damage or loss of data resulting from the download of any information.
     
     
  6. The links on the Website may take you to other sites and you acknowledge and agree that HKADC has no responsibility for the accuracy or availability of any content or information provided by any such linked websites. Links to other websites do not constitute an endorsement by HKADC of such websites or any information, products, advertising or other materials available on those websites.
     
     
  7. You expressly acknowledge and agree that HKADC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (notwithstanding HKADC may have been informed of such possibility), resulting from:
    • i. the use or inability to use the service of the Website.
    • ii. data, information, or messages received directly from or via the HKADC;
    • iii. unauthorized access to or alteration of your transmissions or data;
    • iv. statements or conduct of any third party as a result of service provided by the Website;
    • v. any claims for defamation, or infringement of copyrights or intellectual property rights relating to the use or reliance of information on the Website; or
    • vi. any other matters relating to the service of the Website.
       
       
  8. The limitation of HKADC’s liability contained in these Terms of Use shall apply to the fullest extent permitted by applicable laws.

 

 

INTELLECTUAL PROPERTY RIGHTS AND USER CONDUCT

  1. All content included on this Website, including but not limited to all text, images, photos, audios, visuals, graphics, logos, button icons, codes, software and programs and compilations thereof (meaning its collection, arrangement and assembly) and all intellectual property rights thereto, produced or licensed for use by HKADC is the property or licenced property of HKADC and is protected by Hong Kong and international copyright laws. Any content posted, uploaded or otherwise caused to be placed on the Website otherwise than by HKADC shall at all times be subject to an irrevocable and non-exclusive licence granted in favour of HKADC for its use, reproduction, manipulation or display in whole or in part by HKADC in the operation of the Website. Should you post, upload or otherwise cause to be placed on the Website any materials, you are solely responsible for complying with all applicable laws and securing all necessary consents in providing and securing the provision of such licence to HKADC in the absence of which you shall indemnify and keep indemnified HKADC for losses resultant from such failure.
     
     
  2. Unless expressly stated otherwise, no information, materials or artworks contained on the Website may be copied, modified, reproduced, published, uploaded, transmitted and distributed in any forms or by any means, without prior written consent of HKADC. If you should become aware of any infringement of HKADC’s copyright by other individuals or organisations, please contact us immediately.
     
     
  3. Persons submitting material other than the information placed on the Website by  HKADC are solely responsible for the material and for any claims relating to its content, whether made against HKADC or otherwise. Whilst HKADC does not exercise editorial control over any content posted to the Website by users, HKADC reserves the right at its sole discretion to remove any content which it has been notified or reported to be objectionable, whether or not the objection is substantiated, and otherwise to review, edit or delete any comments posted by users which it deems defamatory, unlawful, threatening or otherwise objectionable. Notwithstanding the foregoing, and to the extent permitted in law, HKADC accepts no responsibility or liability for any materials communicated by third parties via the website.
     
     
  4. Subject to the above and the other terms and conditions set out under this Website, those gaining access to the Website are authorised to make use of the Website for any lawful purposes. The following is a non-exclusive list of uses which are expressly prohibited:
    • i. using the Website to commit or encourage unlawful acts, including unlawful copying of copyright material;
    • ii. misrepresenting the user's identity or authority;
    • iii. distributing any types of virus or other device intended to cause nuisance, loss or corruption of any information on the Website or accessed through it, or of any systems used to operate the Website or any systems accessed through it;
    • iv. tampering with communications which are not the user's, or making any alteration to any information on the Website;
    • v. accessing or attempting to access other parties' user accounts;
    • vi. hacking or attempting to hack any parts of the Website, or any systems used to run it, or any systems accessed through the Website;
    • vii. disrupting the flow of communications in interactive areas;
    • viii. storing personal data derived from the Website unless expressly authorised under other terms of the Website;
    • ix. posting material which:
      • infringes intellectual property rights;
      • defames or threatens other people or organisations; or
      • is offensive, obscene or hateful, or which other users of the Website are likely to consider offensive, obscene or hateful.
         
         
  5. Persons browsing or accessing the Website agree not to conduct any activities not in compliance with all applicable intellectual property laws, or infringe or cause to be infringed any intellectual property right and/or other proprietary right of any materials on the Website, and you agree not to link any parts of the Website to any websites which may conduct such infringing activities. Such infringing activities include, for instance:
    • infringement of copyrights, trademarks, patents or other intellectual or proprietary rights of any parties (the "IP Rights");
    • breach of any security measures for protection of IP Rights, including falsifying serial numbers or registration codes or use of hackers' tools;
    • copy, reproduce or exploit in any way contents of the Website without prior authorization or consent;
    • supply pirated files or links to such files.
       
       
  6. All users agree and accept that any webspace or storage capacity (the "Storage") provided by or through the HKADC is subject strictly to its first right of use.
     
     
  7. All users agree and accept not (and that they have no right) to sell, transfer, assign, part or otherwise share with or allow the usage by others whole or part of the Storage except with our express consent. No user may derive or receive any commercial benefit, which we consider in our sole discretion to be material, by any means arising directly or indirectly from or in connection with the use or exploitation of the Storage or the Website in general.
     
     
  8. No user may upload, post or disseminate any content or information which is in violation or breach of any laws, legislations or regulations currently in force in Hong Kong on the Website, such contents or information include but are not limited to:
    • i. any programs or files which contain computer viruses;
    • ii. statements or information which may be discriminatory on the basis of gender, age, sexual orientation, race, culture, religion, socio-economic status or otherwise;
    • iii. contents which are prejudicial, malicious, abusive or portray any one or any organisations in a demeaning light, or are generally profane;
    • iv. contents which are pornographic or contain obscene images or material, or are otherwise contrary to the Control of Obscene and Indecent Articles Ordinance (Cap. 390 of the Laws of Hong Kong);
    • v. supply information for or procure any activities which are illegal, or adversely affecting any persons or the public, including but not limited to:
      • providing computer virus software or the method of designing or writing computer virus;
      • providing the method of illegal entry, the deletion of homepage or the homepage of network provider's;
      • providing methods to de-code or crack the copyright protective device set up by the manufacturer, including software serial number or registration number;
      • providing method of transmission of "Spam" emails or providing any software to the public for cracking software;
      • providing pirated music, pirated software or links to the related websites;
      • malicious spreading or dissemination of other's privacy, and requesting passwords from the user of the Website;
      • using the Website for collecting information for illegal purposes;
      • falsely representing or holding out to be the staff of the HKADC, or attempting to cause others to falsely assume the identity of the sender or the source of message or information.
         
         
  9. You are fully responsible to ensure that your use of any information contained on this Website complies with all applicable legal requirements.
     
     
  10. If in HKADC’s sole opinion you are found conducting activities infringing IP Rights or to have breached any applicable laws in connection with your use of this Website or otherwise breached any provision in these Terms of Use, we may without liability or recourse to you, with or without notice:
    • i. remove any posting, content or materials on this Website as HKADC considers appropriate;
    • Ii. prohibit or deny your use of the Website (or any part thereof); and/or
    • Iii. consider taking appropriate legal actions.
       
       
  11. You agree to defend, indemnify, and hold harmless, HKADC, its employees, agents, consultants, directors and other representative, from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising directly or indirectly from your breach of these Terms of Use and/or your use of the Website.
     

 

GOVERNING LAW AND JURISDICTION

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
     
     
  2. You agree to defend, indemnify, and hold harmless, HKADC, its employees, agents, consultants, directors and other representative, from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising directly or indirectly from your breach of these Terms of Use and/or your use of the Website.