Terms and Conditions Agreement
Union Creations Limited ("Union Creations") operates the i-Buddy.com Community ("Community"), which is a social networking service that allows users to create unique personal profiles online in order to find and communicate with other users. You must read and agree to these terms and conditions ("Agreement") before you may access the Community. Please read them carefully. By visiting the Community, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting.
| 1. License Grant & Restrictions |
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| Union Creations hereby grants you a non-exclusive, non-transferable, worldwide right to use the Community and to use the Community, in object code form only, solely for your own personal purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Union Creations. You shall not, directly or indirectly, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Community or the Content in any way; reproduce, duplicate, copy, modify, translate or make derivative works based on the Community or the Content; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Community ; or create Internet "links" to the Community or "frame" or "mirror" any Content on any other Internet-based device. |
| 2. Customer Data |
| You shall own all data, information or material that you enter into the Community ("Customer Data"), except as agreed in the Community Contract by you and Union Creations. You, but not Union Creations, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data, and Union Creations assumes no responsibility for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Except as permitted in this Agreement, Union Creations will not edit, delete or disclose the contents of Customer Data unless it is required to do so by law or in the good faith belief that such action is necessary to: 1. conform with applicable laws or comply with legal process served on Union Creations; 2. protect and defend the rights or property of Union Creations; 3. enforce this Agreement; 4. improve the quality of the Community; or 5. respond to claims that any Customer Data violates the rights of third parties. Union Creations shall be entitled, but is not obligated, to review and retain Customer Data for your compliance with the Agreement and the security of the Community. Union Creations may also access Customer Data to respond to Community or technical problems, solution upgrade or maintenance with the Community. Union Creations reserves the right to establish a maximum amount of memory or other computer storage and a maximum amount of Customer Data that you may store, post or transmit on or through the Community. Union Creations reserves the right to withhold, remove, and/or discard Customer Data without notice for any breach, and your right to access or use Customer Data ceases immediately, Union Creations shall not have any obligation to maintain or forward any Customer Data. |
| 3. General Policies and Restrictions |
| You are solely responsible for the Customer Data that you publish or display on the Community, or transmit to other Community users. Union Creations will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Community and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the Community - it includes content that: is patently offensive to the Community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. |
| You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Community. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. |
| You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". |
| 4. Intellectual Property and Proprietary Rights |
| Union Creations alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Union Creations Technology, the Content and the Community, including but not limited to text, software, music, sound, photographs, video, graphics, third party materials and advertisements, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Community, excluding any Customer Data. Union Creations retains exclusive ownership of the same throughout the world, including all related copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights thereto. This Agreement does not transfer any right, title, or interest in the Community, Content, Technology or Intellectual Property Rights to you. |
| 5. Termination |
| Any breach of your obligations or unauthorized use of the Community will be deemed a material breach of this Agreement. Union Creations, in its sole discretion, may terminate your password, account or use of the Community if you breach or otherwise fail to comply with this Agreement. In addition, Union Creations reserve the right to terminate user account for any reason or no reason. |
| 6. Links |
| Union Creations may, at its election, provide links from the Community to other World Wide Web sites or resources. Because Union Creations has no control over such sites and resources, you acknowledge and agree that Union Creations is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Union Creations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. |
| 7. Disclaimer of Warranties |
| UNION CREATIONS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE COMMUNITY OR ANY CONTENT. UNION CREATIONS DOES NOT REPRESENT OR WARRANT THAT 1. THE USE OF THE COMMUNITY WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, 2. THE COMMUNITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 3. ANY STORED DATA WILL BE ACCURATE OR RELIABLE, 4. THE QUALITY OF ANY PRODUCTS, APPLICATIONS/SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 5. ERRORS OR DEFECTS WILL BE CORRECTED, OR 6. THE COMMUNITY OR THE SERVER(S) THAT MAKE THE COMMUNITY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMMUNITY AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY UNION CREATIONS. |
| 8. Limitation of Liability |
| IN NO EVENT SHALL UNION CREATIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMMUNITY SERVICES, EVEN IF UNION CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNION CREATIONS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UNION CREATIONS FOR THE COMMUNITY SERVICES DURING THE TERM OF MEMBERSHIP. |
| 9. Indemnity |
| You agree to defend, indemnify and hold Union Creations and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Agreement, the Hong Kong Special Administrative Region laws or regulations of the Community location (Union Creations makes no representation that the Community is appropriate or available for use outside the Hong Kong Special Administrative Region, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of other countries), or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of the Community. |
| 10. Notice |
| Union Creations may give notice by means of a general notice on the Community or electronic mail to your e-mail address on record in the Community. Such notice shall be deemed to have been duly given upon the expiration of 24 hours after sending by email. |
| 11. Modification to Terms |
| Union Creations reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Community at any time, effective upon posting of an updated version of this Agreement on the Community. You are responsible for regularly reviewing this Agreement. Continued use of the Community after any such changes shall constitute your consent to such changes. |
| 12. Assignment |
| This Agreement shall be binding on and shall inure to the benefit of the parties hereto and there respective successors and permitted assigns. Except with respect to wholly owned affiliates, you may not assign this Agreement without Union Creations's prior written consent, not to be unreasonably withheld. Union Creations may assign this Agreement to any parent, subsidiary or affiliate or to any successor to its business, and Union Creations may subcontract any or all of its obligations hereunder, but shall nevertheless remain responsible for the performance of its obligations hereunder. |
| 13. Governing Law & Venue |
| This Agreement and any disputes hereunder shall be governed in all respects, including validity, interpretation and effect, by the laws of the Hong Kong Special Administrative Region, without regard to the conflict of laws principles thereof. Any dispute under this Agreement shall be brought exclusively in the courts for the Hong Kong Special Administrative Region, and Customer hereby submits to the exclusive jurisdiction of such courts. Customer agrees that any cause of action arising out of or related to this Agreement shall be brought within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. |
| 14. No Waiver and Severability |
| No waiver of any default, condition or breach of this Agreement shall be deemed to imply or constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. In the event that any one or more of the provisions of this Agreement are invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired. |
| 15. Force Majeure |
| Neither party shall be in default if its failure to perform any obligation under this Agreement is caused solely by supervening conditions beyond that party’s reasonable control, including acts of God, civil commotion, war, strikes, labor disputes, third party Internet service interruptions or slowdowns, vandalism or "hacker" attacks, acts of terrorism or governmental demands or requirements. |
| 16. Headings |
| The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. |
(Revised June 2009)