The website located at www.oxbridge.org.hk/and the services of The Oxford and Cambridge Society of Hong Kong (“The HK Oxbridge Society”) available thereon (collectively, the “Site”), together with the networking services available to members are provided subject to the terms set forth herein.
Trademarks and Copyrights
The HK Oxbridge Society’s logo and other marks displayed on the Site are proprietary service marks or trademarks of The HK Oxbridge Society or third parties. The HK Oxbridge Society’s marks may not be used in connection with any product or service that is not The HK Oxbridge Society’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit The HK Oxbridge Society. All other trademarks and service marks not owned by The HK Oxbridge Society that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The HK Oxbridge Society. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the owner thereof.
All content on the Site (excluding Member Content, as defined below), including works of authorship, publications, presentations, job boards, blogs, RSS feeds, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on the Site are the property of The HK Oxbridge Society or its licensors, and are protected by international copyright and other intellectual property laws.
Nothing in this Agreement shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, service mark, trade secret or other proprietary right of The HK Oxbridge Society or any other person.
Use of the Site and Connect
The Site may include information regarding The HK Oxbridge Society and its services, job boards, blogs, RSS feeds, posts, chat rooms, user comments, publications and presentations proprietary to The HK Oxbridge Society, and links to third party websites. You may download, view, copy and print information, materials and any other aspect of the password protected portions of the Site to which you are provided access solely for your personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You agree not to upload on or transmit to or via the Site any information which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right of any third party; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; (v) by its disclosure violates any agreement or other obligation to which you are bound; or (vi) otherwise violates any applicable treaty, law or regulation.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site member. You further agree not to take any other action in connection with your use of the password protected portions of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site.
You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any other page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof, or any information or content on the Site, without the prior written permission of The HK Oxbridge Society. In addition, you agree not to link to any page of the Site other than the home page of the Site located atwww.oxbridge.org.hk.
Unauthorized Use of the Site
The HK Oxbridge Society reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; any action that imposes an unreasonable load on the Site; or any link to any page of the Site other than the Site home page. The HK Oxbridge Society’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of this Agreement or The HK Oxbridge Society’s legal rights.
You acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) you may be granted as a registered member or registered supporter of The HK Oxbridge Society, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools.
As between you and The HK Oxbridge Society, you shall own and retain ownership of all rights, title and interest in any and all information, posts, materials, photos and other content uploaded by you to your profile page (“Member Content”). As a registered member of The HK Oxbridge Society, you acknowledge that you are responsible for the Member Content you submit through the Site, and that you, and not The HK Oxbridge Society, will bear full responsibility for each item of Member Content, including its legality, reliability, appropriateness, originality and copyright. You grant to The HK Oxbridge Society a perpetual, irrevocable, worldwide, sublicenseable and transferable (to any future owner or operator of the Site) right and license to use, copy, store, modify, create derivative works based on, and transmit such information and communications in connection with operation, marketing or promotion of the Site or for such other activities related to the business of The HK Oxbridge Society as The HK Oxbridge Society deems appropriate.
You represent and warrant that: (i) you have the right, power and authority to enter into this Agreement and to grant the license set forth herein, and such execution and performance will not violate any other agreement or other obligation to which you are bound; and (ii) neither the Member Content nor any use by The HK Oxbridge Society of the Member Content or any portion thereof, in any manner or media throughout the world, will in any way infringe or otherwise violate any intellectual property, privacy, or other rights of any individual or entity.
The HK Oxbridge Society Does Not Endorse Comments of Members
The HK Oxbridge Society does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of you or third parties displayed on or transmitted via the Site. Any information or material placed on the Site by you or third parties reflect the views and are the responsibility of those who post such information or material, and do not necessarily represent the views of The HK Oxbridge Society.
No Financial Advice Provided
No aspect of the Site is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice.
Third Party Advertisements and Links to Third Party Sites
You acknowledge that, at any time, The HK Oxbridge Society may provide links to the websites of third parties via the Site, including without limitation via any RSS Feeds or RSS Content. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. The HK Oxbridge Society is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by The HK Oxbridge Society of the advertisement or linked site or any content therein. IN NO EVENT WILL The HK Oxbridge Society BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, PRESENTATIONS, JOB BOARDS, BLOGS, RSS FEEDS, RSS CONTENT, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OXBRIDGE SOCIETY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE SITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, FINANCIAL ADVICE OF ANY TYPE OR AS A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY SECURITY, FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, THE OXBRIDGE SOCIETY MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE OXBRIDGE SOCIETY OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF THE OXBRIDGE SOCIETY OR ITS AFFILIATES (THE “THE OXBRIDGE SOCIETY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, ANY INFORMATION POSTED ON THE SITE BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON THE SITE (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify and hold The HK Oxbridge Society Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) use of the Site, or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the password protected portions of the Site under any Access Method assigned to you; (ii) your violation of this Agreement; (iii) any submissions provided by you to The HK Oxbridge Society via the Site, including any Member Content; or (iv) your violation of any rights of any third party.
Modification or Discontinuance of the Site by The HK Oxbridge Society
At any time, without notice to you, and for any or no reason, The HK Oxbridge Society may modify or discontinue the Site. The HK Oxbridge Society shall in no way be held liable for any consequence which results from The HK Oxbridge Society’s decision to modify or discontinue providing the Site. Any discontinuation of the Site may result in deletion of any Member Content, secured messages or other information you have stored on the Site.
Denial of Access / Removal of Member Content
The HK Oxbridge Society may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you. In addition, The HK Oxbridge Society shall have the right, in its sole and reasonable discretion, to refuse or remove any Member Content for any reason, including in the event (i) The HK Oxbridge Society reasonably believes or receives any notice indicating such Member Content infringes or otherwise violates the intellectual property or other proprietary right of any individual or entity; or (ii) The HK Oxbridge Society reasonably believes or receives any notice indicating such Member Content is pornographic, obscene, libelous, profane, exploitative of a minor, unlawful, promotes gambling, expresses hate, or tends to ridicule or embarrass. Nonetheless, The HK Oxbridge Society shall have no obligation under this Agreement to review or monitor any Member Content.
Nothing in this Agreement shall constitute or be deemed to establish a partnership, joint venture, association, agency or employment relationship between you and The HK Oxbridge Society, and neither party shall have the authority or power to bind the other party, or to contract in the name of the other party, in any manner or for any purpose.
The failure of The HK Oxbridge Society to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by The HK Oxbridge Society hereunder shall be effective unless agreed to pursuant to a writing signed by an authorized representative of The HK Oxbridge Society.
Headings, Plurals, and “Including”
Section headings in this Agreement are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word “including” will be interpreted to mean “including, but not limited to,” unless otherwise indicated.
The laws of Hong Kong will govern this Agreement, without giving effect to any principles of conflicts of laws. You agree that any action arising out of this Agreement or your use of the Site shall be brought in the courts in Hong Kong, and you consent to the jurisdiction of such courts.
You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without the prior written consent of The HK Oxbridge Society. If any portion of this Agreement is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. This Agreement sets forth the entire understanding between you and The HK Oxbridge Society with respect to the subject matter hereof and supersedes any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and The HK Oxbridge Society with respect to such subject matter.
If you have any questions relating to this Agreement, the Site, or The HK Oxbridge Society, please contact:
P. O. Box 2397
General Post Office
Hong Kong SAR,
Tel: +852 2537 4170