• “We”, “our” or “us”
means Ewell Hong Kong Limited;
means all things that you may see, read, access or download on or via this Site (including without limitation information, data, content, communications, software, scripting, photos, pictures, programs, text, video, graphics, music, sounds, images and other materials and services found on this Site);
• “Hong Kong”
means the Hong Kong Special Administrative Region of the People’s Republic of China;
• “the Sites”
means this Site and other website(s) from time to time hosted or linked up by or from Ewell; and
2. Changes to the TOU and this Site
• We may, at any time in our sole discretion and without notice to you, amend the TOU. By continuing to use this Site following our amendments to the TOU, you agree to be bound by such amendments.
• We may, at any time in our sole discretion and without notice to you, modify, suspend, withdraw or discontinue this Site or the Content, in whole or in part.
• We reserve the right at all times to refuse, deny or terminate, in our sole discretion, your access to this Site or the Content or any part thereof at any time.
3. Restrictions on Use of this Site and the Content
• We hereby permit you to use this Site and the Content for your personal and non-commercial use. Such permission terminates automatically upon your breach of any term of the TOU.
• Unless you have obtained our prior written consent, we do not permit any uses of this Site and the Content in any manner or for any purpose other than those expressly permitted herein, including but not limited to uploading, downloading, modifying, publishing, transmitting, participating in the transfer or sale of, copying, reproducing, republishing, creating derivative works from, distributing, incorporating into another web site, reproducing this Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part.
4. User’s Conduct
You must NOT:
• use this Site or the Content for any purpose that is unlawful or prohibited by this TOU;
• use this Site or the Content in any manner that could damage, disrupt, disable, or impair any of our servers, or the networks connected to our servers, or interfere with any other person’s use and enjoyment of this Site and the Content; or
• collect or store personal data about other users of this Site.
5. Account Registration
• If any part of this Site requires you to register with us, you must complete the registration process by providing us with current, complete and accurate information required.
• You agree to: (a) maintain the confidentiality of your password and account;(b) take entire responsibility for any and all activities under your account; and(c) inform us immediately of any unauthorized use of your password or account or any other breach of security.
• We accept no liability for any losses or damages arising out of any use of your password or account by someone else, either with or without your knowledge. However, you may be held liable for any losses or damages suffered by us or any other party due to any use of your password or account by someone else.
6. Exclusion of Warranty
• This Site and the Content are provided for your general reference, on an “as is” and “as available” basis only. We accept no liability whatsoever in respect of this Site or the Content.
• You use this Site and the Content at your own risk.
• We make no warranty or representation of any kind, either express or implied, including without limitation, any warranties of title or non-infringement or merchantability or fitness for any particular purpose.
7. Limitation of Liability
• We accept no liability whatsoever for any direct, indirect, incidental, special or consequential damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or business interruption arising out of the use of or inability to use this Site or the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we have been advised of the possibility of such damages.
• In jurisdictions which do not allow exclusion of certain warranties or limitations of liability, our liability shall be limited to the maximum extent permitted by law.
• You agree to fully indemnify, defend and save us, our officers, directors, employees and agents harmless from and against all liabilities, damages, claims, losses, costs and expenses (including actual legal fees and costs) incurred by us as a result of your breach of any term of this TOU and/or your use of this Site or the Content.
9. Intellectual Property Rights
• The contents on the Sites are subject to copyright and possibly other intellectual property rights of us and/or third parties. Any rights not expressly granted herein are reserved.
• Except with our prior written consent, you must not, by yourself or through other persons, do the following:
(a) upload, post, publish, reproduce, transmit, distribute, sell, modify, create derivative works based on, or otherwise use any of the contents on the Sites for any purpose other than expressly permitted by this TOU;(b) reverse engineer any contents on the Sites consisting of downloadable software; or(c) infringe the intellectual property rights of any person in using the Sites or the contents thereon.
• Use of the Sites and the contents does not confer upon you any license under any of our or any Third-Party’s intellectual property rights.
10. Links to and from this Site and Third-Party Information
• This Site may provide links to other third-party sites and/or contain information provided by Third-Party providers. We make no representation or warranty whatsoever about any third-party sites and the contents thereon nor do we make any recommendation or endorsement of the Third-Party information which you may access on or through this Site.
• By linking to the third-party sites, you agree to those third-party sites’ rules of use before using those sites. You must evaluate and bear all risks associated with the use of the third-party sites, and the Third-Party information.
• We accept no liability whatsoever for any losses or damages arising out of any use of or reliance on any such third-party sites, the contents, products and/or services available on or through any such sites.
• Where you have registered with us, you may cancel such registration at any time by a written notice to us.
• We may cancel your registration if you do not visit this Site for an extended period of time, or if you are found in breach of any term of this TOU, or we reasonably believe that you have violated any applicable laws.
• If any part of this TOU shall be held to be illegal, invalid or unenforceable under any jurisdiction, the illegality, invalidity or unenforceability shall be given effect to the greatest extent possible and the remainder shall remain in full force and effect.
13. Governing Law
• This TOU shall be governed by the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
14. Survival of Termination
• With the exception of Clauses 5 and 11 hereof, all the other terms of this TOU shall survive cancellation of your registration or termination of this agreement.