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| Disclaimer of warranties; Limitation of liability: |
| 1 . | The web user expressly agrees that use of http://www.ied.edu.hk/pai/smallclassproject is at the sole risk of the web user. The content, materials, goods and services are provided on an "as is" and "as available" basis. |
| 2. | The Small Class Project expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose and non-infringement. |
| 3. | The Small Class Project makes no warranty that the content, materials, goods and services will meet your requirements, or that your access to the site will be uninterrupted, timely, secure, or error free; nor does the project group make any warranty as to the results that may be obtained from the use of goods or services, or as to the accuracy or reliability of any information or content obtained through http://www.ied.edu.hk/pai/smallclassproject, or that defects in software or hardware problems will be corrected. |
| 4. | This disclaimer of liability applies to any damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. |
| 5. | In no event shall the Small Class Project, or any person or entity involved in creating, producing or providing any content, materials, goods and services through http://www.ied.edu.hk/pai/smallclassproject be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service, or for the cost of procurement of substitute goods and services, or for said damages resulting from any goods or services purchased or obtained, or messages received or transactions entered into through http://www.ied.edu.hk/pai/smallclassproject, including but not limited to, damages for loss of profits, use, or data, or any other intangible losses, even if the project group has been advised of the possibility of such damages. |
| 6. | Links to Third Party Websites |
| We have no control over linked sites and we are not responsible for the content of any linked site, or any links contained in such linked sites, or any changes or updates of such sites. We are not responsible for webcasting or any other form of transmission received from linked sites. We provide these links to you only as a convenience and the inclusion of any linked site on the Website does not imply endorsement by us of the linked site or any association with its operator. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any linked site. Any concern regarding linked sites should be directed to the responsible site administrator or webmaster. | |
| 7. | You will exercise and rely solely on your own judgment in using the Website for purchasing or redeeming products. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, goodwill, use, data or other intangible losses, arising out of any use or inability to use the Website, or the use of or reliance on the content or service available on the Website, even if we have been advised of the possibility of such damages, including without limitation unauthorised access to your User's Account using your Login Name and Password or transmission of content or any transactions entered into through the Website. You specifically agree that neither we nor our affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither we nor our affiliates shall be responsible for the content sent out and/or included in the Website by any third party. |
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8. |
We make no representation that materials on the Website are appropriate or available for use in any jurisdiction. Those who access the Website from other locations do so at their own discretion and are solely responsible for compliance with local laws and rules. You confirm that you have all the requisite approvals for using the internet and online conduit. |
| 9. | Intellectual Property |
| 9.1. | The Website together with all content made available as part of the Website are our property or are licensed to us. They are protected by copyright, trademarks, service marks, patents or other propriety rights and laws. Our licensors and we own the copyright in the selection, co-ordination, arrangement and enhancement of such content as well as in the content itself. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content in whole or in part. You may only download such part of the content as is expressly permitted to be downloaded from the Website for the use specified and for your personal use only. |
| 9.2. | Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. |
| 10. | System Availability |
| We do not guarantee uninterrupted, continued or secure access to the Website. Part or the entire Website may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruption, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the Website is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Website for any reason whatsoever. We reserve the right to take any part or all of the Website offline for various reasons including but not limited to system maintenance or upgrading. | |
| 11. | Governing Law and Jurisdiction |
| The Website (excluding the linked sites) is hosted by the Small Class Project. By accessing the Website, you agree that any claim relating to the Website shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. |