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| 1. |
ACCEPTANCE OF TERMS |
| The services that The Hong Kong Institution
of Engineers (the HKIE) provides to User is subject to the following
Terms of Use ("TOU"). The HKIE reserves the right to update
the TOU at any time without notice to User. The most current version
of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages. |
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A. |
This Agreement, which incorporates by
reference other provisions applicable to use of the Websites of
the HKIE (Websites), including, but not limited to, supplemental
terms and conditions set forth hereof ("Supplemental Terms")
governing the use of certain specific material contained in Websites,
sets forth the terms and conditions that apply to use of Websites
by User. By using the Websites (other than to read this Agreement
for the first time), User agrees to comply with all of the terms
and conditions hereof. The right to use Website is personal to User
and is not transferable to any other person or entity. User is responsible
for all use of User's Account (under any screen name or password)
and for ensuring that all use of User's Account complies fully with
the provisions of this Agreement. User shall be responsible for
protecting the confidentiality of User's password(s), if any. |
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B. |
The HKIE shall have the right at any
time to change or discontinue any aspect or feature of Website,
including, but not limited to, content, hours of availability, and
equipment needed for access or use. |
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| 2. |
CHANGED TERMS |
| The HKIE shall have the right at any
time to change or modify the terms and conditions applicable to
User's use of Websites, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on Websites, or by electronic or conventional
mail, or by any other means by which User obtains notice thereof.
Any use of Websites by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or
additions. |
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| 3. |
DESCRIPTION OF SERVICES |
| Through its Web property, the HKIE provides
User with access to a variety of resources, including download areas,
communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features,
and/or the addition of any new Web properties, are subject to the
TOU. |
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| 4. |
EQUIPMENT |
| User shall be responsible for obtaining
and maintaining all telephone, computer hardware, software and other
equipment needed for access to and use of Websites and all charges
related thereto. |
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| 5. |
USER CONDUCT |
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A. |
User shall use Websites for lawful purposes only.
User shall not post or transmit through Websites any material which
violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law, or which,
without the HKIE's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct
by a User that in the HKIE's discretion restricts or inhibits any
other User from using or enjoying Websites will not be permitted.
User shall not use Websites to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services
competitive with the HKIE. |
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B. |
The foregoing provisions of Section 5 are for the
benefit of, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf. |
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| 6. |
USE OF SERVICES |
| The Services may contain email services,
bulletin board services, chat areas, news groups, forums, photo
albums, and/or other message or communication facilities designed
to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send
and receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example,
and not as a limitation, User agrees that when using the Communication
Services, User will not: |
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Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
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Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others. |
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Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information. |
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Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have received all
necessary consent to do the same. |
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Use any material or information, including images
or photographs, which are made available through the Services in
any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party. |
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Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another. |
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Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services specifically
allows such messages. |
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Download any file posted by another user of a Communication
Service that User know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner. |
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Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded. |
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Restrict or inhibit any other user from using and
enjoying the Communication Services. |
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Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service. |
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Harvest or otherwise collect information about others,
including email addresses. |
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Violate any applicable laws or regulations. |
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Create a false identity for the purpose of misleading
others. |
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Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any portion thereof. |
| The HKIE has no obligation to monitor
the Communication Services. However, the HKIE reserves the right
to review materials posted to the Communication Services and to
remove any materials in its sole discretion. The HKIE reserves the
right to terminate User's access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
The HKIE reserves the right at all times to disclose any information
as it deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in the HKIE's sole discretion.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable
information in any Communication Services. The HKIE does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, the HKIE specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from User's participation in any Communication Services. Managers
and hosts are not authorized the HKIE spokespersons, and their
views do not necessarily reflect those of the HKIE.
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| 7. |
MEMBER ACCOUNT, PASSWORD, AND SECURITY |
| User is entirely responsible for maintaining
the confidentiality of User's password and account. Furthermore,
User is entirely responsible for any and all activities that occur
under User's account. User agrees to notify the HKIE immediately
of any unauthorized use of User's account or any other breach of
security. the HKIE will not be liable for any loss that User may
incur as a result of someone else using User's password or account,
either with or without User's knowledge. However, User could be
held liable for losses incurred by the HKIE or another party due
to someone else using User's account or password. User may not use
anyone else's account at any time, without the permission of the
account holder. |
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| 8. |
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEBSITE |
| Permission to use Documents (such as
Constitution, Disciplinary Regulation, Rules of Conduct, manuals
meeting minutes etc.) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that both
the copyright notice and this permission notice appear, (2) use
of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of
any Documents are made. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
The HKIE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. The HKIE AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL the HKIE AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The
HKIE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
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| 9. |
NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS SITE |
| IN NO EVENT SHALL the HKIE AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. |
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| 10. |
MATERIALS PROVIDED TO the HKIE OR
POSTED AT ANY OF ITS WEBSITES |
The HKIE does not claim ownership of
the materials User provide to the HKIE (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of
any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
User's Submission User is granting the HKIE, its affiliated companies
and necessary sublicensees permission to use User's Submission in
connection with the operation of their Internet businesses (including,
without limitation, all the HKIE Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User's
Submission; to publish User's name in connection with User's Submission;
and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User's Submission,
as provided herein. the HKIE is under no obligation to post or use
any Submission User may provide and the HKIE may remove any Submission
at any time in its sole discretion. By Posting a Submission User
warrants and represents to own or otherwise control all of the rights
to User's Submission as described in these Terms of Use including,
without limitation, all the rights necessary for User to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
User warrant and represent that (a) User is the copyright owner
of such Images, or that the copyright owner of such Images has
granted User permission to use such Images or any content and/or
images contained in such Images consistent with the manner and
purpose of User's use and as otherwise permitted by these Terms
of Use and the Services, (b) User have the rights necessary to
grant the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction
of such Images. By Posting Images, User is granting (a) to all
members of User's private community (for each such Images available
to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services,
other than a private community), permission to use User's Images
in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not
as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
User's Images without having User's name attached to such Images,
and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for
a Images will terminate at the time User completely remove such
Images from the Services, provided that, such termination shall
not affect any licenses granted in connection with such Images
prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User's Images.
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| 11. |
LINKS TO THIRD PARTY SITES |
| THE LINKS IN THIS AREA WILL LET YOU LEAVE
the HKIE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE
HKIE AND THE HKIE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. THE HKIE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE HKIE
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE HKIE OF THE SITE.
The HKIE is a distributor (and not a publisher) of content supplied
by third parties and Users. Accordingly, the HKIE has no more
editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers, Users or any
other user of Websites, are those of the respective author(s)
or distributor(s) and not of the HKIE. Neither the HKIE nor any
third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
In many instances, the content available through Websites represents
the opinions and judgments of the respective information provider,
User, or other user not under contract with the HKIE. The HKIE
neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on Websites by anyone
other than authorized the HKIE employee spokespersons while acting
in their official capacities. Under no circumstances will the
HKIE be liable for any loss or damage caused by a User's reliance
on information obtained through Websites. It is the responsibility
of User to evaluate the accuracy, completeness or usefulness of
any information, opinion, advice or other content available through
the HKIE. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion,
advice or other content.
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| 12. |
UNSOLICITED IDEA SUBMISSION POLICY |
| THE HKIE OR ANY OF ITS EMPLOYEES DO NOT
ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN THE HKIE'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO THE HKIE. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO the HKIE OR ANYONE AT THE HKIE. IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT THE HKIE MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. |
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| 13. |
MONITORING |
| The HKIE shall have the right, but not
the obligation, to monitor the content of Websites, including chat
rooms and forums, to determine compliance with this Agreement and
any operating rules established by the HKIE and to satisfy any law,
regulation or authorized government request. the HKIE shall have
the right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on Websites. Without limiting
the foregoing, the HKIE shall have the right to remove any material
that the HKIE, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable. |
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| 14. |
INDEMNIFICATION |
| User agrees to defend, indemnify and
hold harmless the HKIE, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of the HKIE by
User or User's Account. |
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| 15. |
TERMINATION |
| Either the HKIE or User may terminate
this Agreement at any time. Without limiting the foregoing, the
HKIE shall have the right to immediately terminate User's Account
in the event of any conduct by User which the HKIE, in its sole
discretion, considers to be unacceptable, or in the event of any
breach by User of this Agreement. |
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| 16. |
MISCELLANEOUS |
| This Agreement and any operating rules
for Websites established by the HKIE constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the Hong Kong SAR, China, without
regard to its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any
legal import.
Any rights not expressly granted herein are reserved.
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