YP.SCMP.COM IS AN INTERNET-BASED ONLINE INFORMATION AND COMMUNICATION SERVICE (THE "SERVICE"). PLEASE READ THIS ONLINE SERVICE AGREEMENT (THIS "AGREEMENT") BEFORE USING THE SERVICE. BY CONTINUING TO USE YP.SCMP.COM, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT
1. GENERAL RULES.
BY REGISTERING FOR OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. SOUTH CHINA MORNING POST PUBLISHERS LIMITED, WHICH OPERATES YP.SCMP.COM, ("SCMP" OR "WE"), RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT OR ANY FEATURES OF THE SERVICE AT ANY TIME. SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR FEATURE, AS THE CASE MAY BE, OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICE WITHOUT NOTICE OR LIABILITY.
2. CONTENT AND USER SUBMISSIONS.
2.1 The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws of the Hong Kong SAR and other countries, and owned or controlled by SCMP, their affiliates, licensors or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. By posting any content on the Service, a user is assigning to SCMP and its affiliates all of such user's copyright interests in such content and granting to SCMP and its affiliates the right to display such content on the Service and their affiliated publications and to use such content for promotional and marketing purposes.
2.2 Except for Content you have posted on the Service, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service, except that you may download material from the Service for your own personal, non-commercial use, provided you maintain all copyright and other notices contained therein. Without limiting the generality of the foregoing, you may not distribute any part of the Service or Content over any network, including a local area network, nor sell or offer it for sale or use it in connection with the issuance, trading, marketing or promotion of investment products. In addition, these files may not be used to construct any kind of database.
2.3 We have designed YP.SCMP.com for presentation of the Content in a unique format and appearance to our users. We are concerned about the integrity of the Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with the Service. Without limiting the provisions of 2.1, neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights (including copyright), including but not limited to "framing", downloading or establishing unauthorized links to any part of the Content on your or any third party's Web site.
3. FORUMS AND DISCUSSION GUIDELINES.
3.1 You shall not upload to, or distribute or otherwise publish on the Service's message boards or chat rooms (the "Forums") any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.2 You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3.3 You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.4 We encourage active discussions in our Forums. However, personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.5 The Forums shall be used only in a non-commercial manner. You shall not, without the express approval of SCMP, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.6 You are solely responsible for the content of your messages. However, while SCMP does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, SCMP reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.7 You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by SCMP and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
4. FEES AND PAYMENTS.
4.1 SCMP reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. Where fees and charges are (at your election) charged to your credit card, SCMP reserves the right to charge additional fees and charges for renewed and/or continuing subscriptions to the credit card for which details have previously been provided to SCMP.
4.2 All new fees, if any, will be posted in the Customer Service section or in other appropriate locations on the Service. You shall pay all fees and charges incurred at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service, by SCMP or any third-party merchant or service provider. All fees and charges shall be billed to you, or at your election charged to your credit card, and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
4.3 You expressly agree that SCMPshall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
5. REPRESENTATIONS AND WARRANTIES; INJUNCTIVE RELIEF; USER INDEMNITY.
5.1 Upon your registration for the Service or from time to time, SCMP will request you to provide your personal data (as defined in the Personal Data (Privacy) Ordinance) to be set out in the subscription form, messages that you upload or post on YP.SCMP.com and any other information obtained from you as permitted under law ("Personal Data"). You may decline to provide the Personal Data but in that case it may not be practicable for SCMP to provide the Service to you.
5.2 You hereby acknowledge and agree that SCMP may access, hold and use the Personal Data for any or all of the following purposes in relation to the Service: (a) to provide the Service to you and manage its daily operation; (b) to enforce this Agreement; (c) to respond to any third party's claims that any content of your messages violates the rights of such third party; (d) to facilitate collection of service fee payable by you in relation to the provision of the Service; (e) to process any payment instructions, direct debit facilities and/or credit facilities in relation to the provision of the Service; (f) to comply with any requirement by law, court order, regulatory bodies, or other authorities; (g) to obtain advice from any professional advisers appointed by SCMP including but not limited to legal advisers, accountants and auditors in relation to any terms and conditions of this Agreement.
5.3 You shall immediately notify SCMP of any changes of address or any other particulars provided to SCMP which may affect the provision of the Service or any part thereof to you. On SCMP's request, you shall provide SCMP with information relating to you and your use of the Service reasonably required by SCMP and to the extent permissible under law: (a) to assist SCMP in complying with SCMP's obligations under any applicable law; (b) to report to any government authorities or agencies regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this Agreement.
5.4 You represent, warrant and covenant (a) your personal data and other information provided to us for registration or subscription purpose are true and accurate; (b) that no materials of any kind submitted through your account will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, defamatory, indecent, pornographic or otherwise unlawful material; and (c) that you will not allow any third party to use or to acceses the Service by using your registrant ID and/or password or otherwise use your account with YP.SCMP.com.
5.5 You acknowledge and agree that SCMP and its information providers, licensors and Licensees would suffer irreparable harm, not compensable with money damages if you infringe on copyrights to the Content, and you irrevocably consent to the grant of injunctive relief to enforce such rights. Such remedy shall be in addition to all other remedies available at law or equity.
5.6 You hereby agree to indemnify, defend and hold harmless SCMP, and all of their respective officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and Licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, full attorneys' fees on a solicitor and client basis, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the representations, warranties and covenants contained herein. You shall cooperate as fully as reasonably required in the defence of any such claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and we shall be entitled to be reimbursed by you for the full costs incurred by us such defence.
6. DISCLAIMER OF WARRANTIES.
THE SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION, E-COMMERCE PRODUCT OFFERINGS OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR SERVICES OF OTHER THIRD-PARTY PROVIDERS, ONLINE MERCHANTS OR ADVERTISERS THAT MAY BE LINKED TO OR POSTED WITHIN THE SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THROUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
7. LIMITATIONS OF LIABILITY.
SCMP AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS OR OTHER THIRD-PARTY PROVIDERS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THE SERVICE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SERVICE (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT) EVEN IF SUCH DAMAGES, CLAIMS, LOSSES OR INJURIES WERE FORESEEN OR FORESEEABLE. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE.
8. ACCESS AND AVAILABILITY OF SERVICE AND LINKS.
The Service contains links to other related World Wide Web Internet sites, resources, and sponsors of YP.SCMP.com. Since SCMP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
9. REGISTRATION AND SECURITY.
9.1 As part of the registration process, you will select a password and a registrant ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a registrant ID of another person with the intent to impersonate that person; (ii) use a registrant ID in which another person has rights without such person's authorization; or (iii) use a registrant ID that SCMP, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of SCMP.
9.2 You shall notify Young Post at email@example.com or Customer Service at firstname.lastname@example.org of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.
9.3 You are responsible for all usage or activity on your YP.SCMP.com account, including use of the account by any third party authorised by you to use your registrant ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at SCMP's sole discretion, and SCMP may refer you to appropriate law enforcement agencies.
10. COMMUNICATIONS BETWEEN YP.SCMP.COM AND REGISTRANTS.
10.1 You agree that SCMP may send electronic mail to you for the purpose of informing you of changes or additions to the Service.
11. SOFTWARE LICENCES.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sub-licence, assign or transfer any Licences granted by SCMP, and any attempt at such sub-licence, assignment or transfer shall be null and void. You may make one copy of such software for personal, non-commercial use only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from, Access Software.
This Agreement may be terminated by either party for any reason at any time. Sections 2 through 8 and Section 11 of this Agreement shall survive such termination. You may terminate your account at any time by sending an email to Young Post at email@example.com or to the Customer Service Department at firstname.lastname@example.org. You are responsible for all charges incurred, if any, up to the time of deactivation of your account by YP.SCMP.com. This Agreement shall remain valid and effective until one party terminates the same in the manner prescribed above.
This Agreement shall be governed by the laws of the Hong Kong SAR. Any action arising under this Agreement shall be submitted to the courts of the Hong Kong SAR.