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Disclaimer

TERMS OF USE & DISCLAIMER

This website of the “Hong Kong International Film Festival Society” ("Website") is developed and maintained by the Hong Kong International Film Festival Society Limited ("HKIFFS" or “we”).Users of this Website (“you” or “user”) confirm that they have read, fully understand and will comply with and be bound by all the terms and conditions below (“Terms of Use”) because they apply to your use of this Website and control all aspects of your access to and use of it. If you cannot so confirm you will be deemed not to accept the Terms of Use in full, in which case your use of this Website must be terminated immediately.

HKIFFS may change the Terms of Use from time to time in its absolute discretion without prior notice or liability to you. By continuing to use the Website following such changes to the Terms of Use, you unconditionally agree to be bound by such changes.

PERSONAL INFORMATION COLLECTION STATEMENT AND DISCLAIMER

  1. You acknowledge and agree that if you decide to browse or utilise the services provided by HKIFFS, you do it entirely at your own risk. HKIFFS will not be liable for any loss or damage arising from or in connection with or otherwise associated with browsing or using the Website.
  2. The information and content provided or compiled by HKIFFS is based on and governed by the laws of the Hong Kong Special Administrative Region, which means that such information and content may not be suitable to the needs and norms or the practical circumstances of other jurisdictions.
  3. The information contained on the Website is compiled by HKIFFS for general information only. Information about the events and activities, details of films and filmmakers contained on the Website is provided to HKIFFS by third party individuals and groups. While HKIFFS endeavours to ensure the accuracy of information contained on the Website, no statement, representation, warranty or guarantee, express or implied, is given as to its accuracy, adequacy or appropriateness for use in any particular circumstances. HKIFFS is also not responsible if any such third party provided information is not up-to-date.
  4. HKIFFS reserves the right in its absolute discretion to omit, suspend, add to, delete or edit all information on the Website including its presentation or functionality at any time without giving any reason or prior notice. Users are responsible for making their own assessment of all information contained in the HKIFFS website and are advised to verify such information or obtain independent advice before acting upon it.
  5. HKIFFS does not guarantee or assume any responsibility that the information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment, or that messages sent through the Internet will be free from interception, corruption or loss, or that access to the Website will be available or uninterrupted. For the avoidance of doubts, any materials downloaded or otherwise obtained by you through the use of the services provided by HKIFFS is done at your own risk and discretion and that you will be solely responsible for any damages to your computer system or damage or loss of data resulting from the download of any information.
  6. The links on the Website may take you to other sites and you acknowledge and agree that HKIFFS has no responsibility for the accuracy or availability of any content or information provided by any such linked websites. Links to other websites do not constitute an endorsement by HKIFFS of such websites or any information, products, advertising or other materials available on those websites.
  7. You expressly acknowledge and agree that HKIFFS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (notwithstanding HKIFFS may have been informed of such possibility), resulting from:
    1. the use or inability to use the services available on or through the Website;
    2. data, information, or messages received directly from or via the HKIFFS;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party as a result of service provided by the Website;
    5. any claims for defamation, or infringement of copyrights or intellectual property rights relating to the use or reliance of information on the Website; or
    6. any other matters relating to the service of the Website.
  8. The limitation of HKIFFS’s liability contained in these Terms of Use shall apply to the fullest extent permitted by applicable laws.

INTELLECTUAL PROPERTY RIGHTS AND USER CONDUCT

  1. All content included on this Website, including but not limited to all text, images, photos, audios, visuals, graphics, logos, button icons, codes, software and programs and compilations thereof (meaning its collection, arrangement and assembly) and all intellectual property rights thereto, produced or licensed for use by HKIFFS is the property or licenced property of HKIFFS and is protected by Hong Kong and international copyright laws. Any content posted, uploaded or otherwise caused to be placed on the Website otherwise than by HKIFFS shall at all times be subject to an irrevocable and non-exclusive licence granted in favour of HKIFFS for its use, reproduction, manipulation or display in whole or in part by HKIFFS in the operation of the Website. Should you post, upload or otherwise cause to be placed on the Website any materials, you are solely responsible for complying with all applicable laws and securing all necessary consents in providing and securing the provision of such licence to HKIFFS in the absence of which you shall indemnify and keep indemnified HKIFFS for losses resultant from such failure.
  2. Unless expressly stated otherwise, no information, materials or artworks contained on the Website may be copied, modified, reproduced, published, uploaded, transmitted and distributed in any forms or by any means, without prior written consent of HKIFFS. If you should become aware of any infringement of HKIFFS’s copyright by other individuals or organisations, please contact us immediately.
  3. Subject to the above and the other terms and conditions set out under this Website, those gaining access to the Website are authorised to make use of the Website for any lawful purposes. The following is a non-exclusive list of uses which are expressly prohibited:
    1. using the Website to commit or encourage unlawful acts, including unlawful copying of copyright material;
    2. distributing any types of virus or other device intended to cause nuisance, loss or corruption of any information on the Website or accessed through it, or of any systems used to operate the Website or any systems accessed through it;
    3. hacking or attempting to hack any parts of the Website, or any systems used to run it, or any systems accessed through the Website;
    4. storing personal data derived from the Website unless expressly authorised under other terms of the Website;
  4. You as a person browsing or accessing the Website agree not to conduct any activities not in compliance with all applicable intellectual property laws, or infringe or cause to be infringed any intellectual property right and/or other proprietary right of any materials on the Website, and you agree not to link any parts of the Website to any websites which may conduct such infringing activities. Such infringing activities include, for instance:
    1. infringement of copyrights, trademarks, patents or other intellectual or proprietary rights of any parties (the "IP Rights");
    2. breach of any security measures for protection of IP Rights, including falsifying serial numbers or registration codes or use of hackers' tools;
    3. copying, reproduction of or exploitation in any way of contents of the Website without prior HKIFF authorization or consent;
    4. supply of pirated files or links to such files.
  5. You are fully responsible to ensure that your use of any information contained on this Website complies with all applicable legal requirements.
  6. If in HKIFFS’s sole opinion you are found conducting activities infringing IP Rights or to have breached any applicable laws in connection with your use of this Website or otherwise breached any provision in these Terms of Use, we may without liability or recourse to you, with or without notice:
    1. remove any posting, content or materials on this Website as HKIFFS considers appropriate;
    2. prohibit or deny your use of the Website (or any part thereof); and/or
    3. consider taking appropriate legal actions.
  7. You agree to defend, indemnify, and hold harmless, HKIFFS, its employees, agents, consultants, directors and other representative, from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising directly or indirectly from your breach of these Terms of Use and/or your use of the Website.

USER REPRESENTATIONS

  1. By using the Website, you represent and warrant that:
    1. all registration information you submit will be true, accurate, current, and complete;
    2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
    3. you have the legal capacity and you agree to comply with these Terms of Use;
    4. you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise;
    5. you will not use the Website for any illegal or unauthorized purpose;
    6. your use of the Website will not violate any applicable law or regulation.
    7. If you provide any information that is untrue, inaccurate, not current, or incomplete, you shall be responsible for all and any consequences and we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

ADVERTISERS

  1. We allow advertisers to display their advertisements and other information in certain areas of the Website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Website and any services provided on the Website or products sold through those advertisements.
  2. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
  3. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

GOVERNING LAW AND JURISDICTION

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.