YOUR TERMS AND CONDITIONS OF USE
Please read these terms and conditions before using this web site. By continuing to access or use this web site, or any service on this web site, you signify your acceptance of these terms and conditions. From time to time, we may modify these terms and conditions. Accordingly, please review these terms and conditions whenever accessing or using this web site. Your use of the web site, or any service on this web site, after the posting of modifications to these terms and conditions of use will constitute your acceptance of the terms and conditions, as modified. If, at any time, you do not wish to accept the terms and conditions, you may not use the web site.
1. User Consent to Terms and Conditions. You represent that you have read and agree to be bound by these terms and conditions of use ("Terms") for www.heatherandmarch.com . You further agree: (a) to comply with relevant law regarding the transmission of any data obtained from the use of the web site in accordance with the Terms, (b) not to use the site for illegal purposes, and (c) not to interfere or disrupt networks connected to the site.
2. Intellectual Property. This web site, including but not limited to information, data, text, content, logos, photographs, images, video, audio, graphics and button icons (the "Web Site"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. The Web Site is protected as a collective work or compilation and all individual articles, columns and other elements making up the Web Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Web Site.
3. Restrictions on Use. You may not use this Web Site for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Web Site solely for your own personal, noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You acknowledge that this Web Site has been developed, compiled, prepared, revised, selected and arranged by us through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets. You agree to protect our proprietary rights during and after the term of this agreement and to comply with all our reasonable written requests to protect our contractual, statutory and common law rights in the Web Site. You agree to notify us in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Web Site, except that you may download material from the Web Site and/or make one print copy for your own personal, noncommercial use, provided that you leave intact all trademarks and service marks and retain all copyright and other proprietary notices. We however reserve our right to withdraw permission for your said use of any time. The analysis and presentation included in the Web Site may not be recirculated, redistributed or published by you without our prior written consent. Modification of the Web Site's content would be a violation of our copyright and other proprietary rights. Additionally, you may not offer any part of the Web Site for sale, transmit or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without our prior written consent. The Web Site and the information contained therein may not be used to construct a database of any kind. The content of this Web Site may not be copied or otherwise incorporated into or stored in any other web site, electronic retrieval system, publication or other work in any forms (whether hard copy, electronic or other). Nor may the service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Web Site. You may not use the Web Site in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of our trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You will not use the Web Site or the information contained therein in unsolicited mailings or spam material. You will not use any of our trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Web Site. You agree to comply with any other applicable terms and conditions of use set forth on the Web Site.
5. Licence. You acquire absolutely no rights or licences in or to the Web Site and materials contained within the Web Site other than the limited right to utilize the Web Site in accordance with the Terms. Should you choose to download content from the Web Site, you must do so in accordance with the Terms. Such download is licensed to you ONLY for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, trade names, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Web Site (the "Intellectual Property Rights") shall at all times be and remain our sole and exclusive property. All present and future rights in and title to the Web Site (including the right to exploit the Web Site and any portions of the Web Site over any present or future technology) are reserved for our exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Web Site or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Web Site, or the names of any individual participant in, or contributor to, the Web Site, or any variations or derivatives thereof, for any purpose, without our prior written consent.
7. Fees and Payments. We reserve the right at any time to charge fees for access to portions of the Web Site or the Web Site as a whole. If at any time we require a fee for portions of the Web Site or the Web Site as a whole, we will require you to register and create an account. In no event will you be charged for access to portions of the Web Site or to the Web Site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account 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 Web Site. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Web Site through your account, and the purchase of any other products or services.
8. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Web Site, you will select a subscriber identification ID and a password. You will provide us with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that we, in our sole discretion, deem offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify the webmaster of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including without limitation loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in our sole discretion, and we may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to the webmasterand requesting that your account is terminated. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges incurred up to the time the account is terminated.
9. Disclaimer and Limitation of Liability. You agree that your use of the Web Site is at your sole risk and acknowledge that the Web Site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that we make no warranty of any kind, express or implied, as to the Items, including, but not limited to, quality, merchantability, noninfringement, title or fitness for a particular purpose or use. You agree that we are not responsible for your loss (if any) which may arise from reliance on any part of this Web Site. We do not warrant that the Web Site is compatible with your equipment or that the Web Site is free of errors or viruses, worms or "Trojan horses" and are not liable for any damage you may suffer as a result of such destructive features. You agree that we shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence or otherwise arising in connection with the Web Site and shall not be liable for any lost profits, losses, punitive, incidental, special or consequential damages or any claim against us by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Web Site caused by your computer equipment or arising from your use of the Web Site on such equipment. The content of other web sites, services, goods or advertisements that may be linked to the Web Site is not maintained or controlled by us and we are therefore not liable in connection with any of them (including without limitation to liability arising out of any allegation that the content of any third party site infringes any law or the rights of any person or entity) nor are we responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on the Web Site We do not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Web Site, (b) guarantee the quality, accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Web Site or (c) make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the Web Site. We also are not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Web Site. You understand that we and/or third-party contributors to the Web Site may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
10. Further Disclaimer and Limitation of Liability. You acknowledge that (i) the Web Site is provided for information purposes only and we do not guarantee the sequence, accuracy, comprehensiveness, completeness or timeliness of the Web Site and (ii) the provision of certain parts of the Web Site is subject to the terms and conditions of other agreements to which we are a party. Accordingly, anything to the contrary herein set forth notwithstanding, we, our officers and employees, general partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Web Site including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Web Site; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
11. Limitation of Liability. Under no circumstances, including but not limited to negligence, shall we, our suppliers and third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if our authorized representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the Web Site or any links or items on the Web Site or any provision of the terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. To the full extent permissible by applicable law, we limit or exclude all liability or incidental or consequential damages. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you (excluding your capital or non-recurring payments), if any, for accessing the Web Site.
12. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Web Site only as set forth in the Terms.
13. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless ourselves and our officers, employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against us, our officers, employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against us, our officers, employees, representatives, suppliers and agents is based on or arises in connection with the content you submit, pass to or transmit through the Web Site, your use of the Web Site, your connection to the Web Site, or any links on the Web Site, your violation of the Terms, or your violation of a third party's rights. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
14. Availability. All items are subject to availability. Customers will be informed as soon as practicable if the goods ordered are not available.
15. Termination. Either party may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing use of the Web Site and destroying all materials obtained from the Web Site. These Terms will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by us, you must destroy promptly all materials obtained from the Web Site and any copies thereof. Sections two through thirteen (2-13) and fifteen through twenty (15-20) shall survive any termination of the Terms.
16. Governing Law. These Terms shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the courts in the Hong Kong Special Administrative Region with respect to any legal proceedings that may arise in connection with the Web Site or from a dispute as to the interpretation or breach of the Terms. Use of this Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this clause.
17. Access Outside of Hong Kong. We do not represent that materials in the Web Site are appropriate or available for use in countries outside Hong Kong. If you choose to access the Web Site from outside Hong Kong, you are responsible for compliance with foreign and local laws.
18. Miscellaneous. You accept that we have the right to change the content or technical specifications of any aspect of the Web Site at any time at our sole discretion. You further accept that such changes may result in your being unable to access the Web Site.
19. Headings. The section titles in the Terms are used solely for the convenience and have no legal or contractual significance.
20. Severability. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
21. Entire Agreement. The Terms and any other terms and conditions of service on www.heatherandmarch.com and its successor, constitute the entire agreement between you and us and govern your use of the Web Site.