Terms And Conditions
In these terms and conditions, the following terms shall have the following meanings:
flashon.com means ORIENTAL PAPERZINE PUBLISHER LIMITED, its successors and assignees;
"Services" means any premium services designated as such by flashon.com from time to time which the Member wishes to access via the Internet and/or the World Wide Web; and "Member" means the person described under "Member Details" on the Member registration Form.
"Content" includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical and other content or material that can be accessed by or through the Services;
“Content Provider” means any entity or person, other than flashon.com, who distributes, displays, posts or publishes the Content;
"Login Password" means any unique personal identifiers issued by flashon.com to the Member and/or being chosen under the member’s consent for gaining access to the Services;
"Fees" means any subscription fee which is non-refundable and payable by the Member associated with the Member’s use and/or access to the Services together with such other connect time charges, access fees and other fees and charges as may be charged by flashon.com from time to time, and whether or not as agent, for the Member’s use and/or access to the Services (and any other person’s use and/or access to the Services where such person was able to access the Services by using the Login ID and Password) and/or the on-line delivery of Content;
1. flashon.com Responsibilities
* allow the Member to access the Services
flashon.com reserves the right at all times to
* immediately suspend the Member’s access to the Services without notice and without any liability, where flashon.com is of the opinion that the Member has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the reasonable opinion of flashon.com;
* adjust or revise the Fees or introduce new fees or amend any of the terms and conditions of this Agreement which amendments shall be notified to the Member by sending them e-mail and which shall take effect 7 days after sending any such e-mail.
* freely assign or transfer all or any of its rights/ obligations herein without the prior consent of the Member.
* add to or remove Content from the Services.
2. Member’s Responsibilities
The Member agrees that
* the Member shall join one of the payment plans provided by flashon.com and pay the subscription fee to its associated company in the accordance with flashon.com’s direction .
* the Member will not reproduce, distribute, publish, copy, download, transmit or otherwise exploit any Content which is protected by copyright or other intellectual property or similar rights
* the Member will not hack, break into, access, use or attempt to hack, break into, access or use any other parts of flashon.com’s servers, its Content and/or any data areas for which the Member has not been authorised by flashon.com;
* the Member shall not assign, transfer or sub-license all or any part of it’s rights or obligations under this Agreement;
* the Member shall not allow or attempt to allow any third party to use the Login Password;
* all the personal information provided by the Member in the Member Registration Form shall be true, correct and accurate;
* and in accordance with the provisions of the Personal Data (Privacy) Ordinance, the Member hereby consents to flashon.com using any personal data (as defined in the Ordinance) supplied in connection with this Agreement for flashon.com’s own internal and direct marketing purposes, to flashon.com supplying such personal data to any other companies in its group or selected third parties to use for such purposes and to flashon.com supplying such personal data to such third parties as may be necessary for the operation of the Services unless written notice to the contrary has been received by flashon.com. The Member also consents to any such personal data being transferred to another legal jurisdiction outside Hong Kong that may not have laws protecting personal data similar to the Ordinance.
The Member hereby agrees to indemnify and to keep flashon.com fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by flashon.com arising from or which is directly or indirectly related to
* the Member’s use of the Services and any other person’s use of the Services where such person was able to access the Services by using the Login ID and Password; and
* any breach or non-observance of any term of this Agreement by the Member or any other person where such person was able to access the Services by using the Member Login ID and Password.
3. Warranties & Liability
flashon.com makes no representation and warranty and disclaims any responsibility in relation to the Content and the operation or quality of the Services, that the Services will be uninterrupted or error free, the results to be obtained from use of the Services, any Content, goods or services which may be offered by Content Providers and, to the extent permitted by law. flashon.com expressly disclaims any warranties whether express or implied as to the title, fitness for a particular purpose, merchantability or standard of quality of the Services or any Content, goods or services available by or through the Services, including but not limited to the goods or services sponsored by the Content Providers.
flashon.com disclaims any liability for
* any damage to or loss of data suffered by the Member arising from the Member’s use of the Services;
* any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not which the Member suffers as a result of the Member’s use of the Services;
* any claim relating to goods or services supplied, provided, sold or made available by or through the Services including those offered, supplied, provided or sold by the Content Provider; and
* any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond flashon.com’s control.
flashon.com’s liability under this Agreement shall in any event not exceed the total Fees paid by the Member to flashon.com for the immediately preceding twelve months prior to any incident giving rise to a claim.
4. Termination and Effect
Either party may terminate this Agreement at any time on the giving of one month’s prior notice to the other.
flashon.com may terminate this Agreement forthwith at any time by notice to the Member if the Member breaches any term of this Agreement or if the Member’s use of or actions in connection with the Services are inappropriate in the reasonable opinion of flashon.com.
Termination of this Agreement shall not prejudice or affect the rights accrued and liabilities incurred by either party up to the effective date of termination.
Upon the effective date of termination of this Agreement
* all licences and other rights and privileges granted to the Member under the terms of this Agreement shall forthwith cease; and
* the Member shall not be entitled to a refund of any Fees on the termination of this Agreement unless specified otherwise herein.
If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deemed to be deleted from this Agreement.
No failure or delay on the part of flashon.com to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.
This Agreement shall be governed by the law of The Hong Kong SAR and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.
If there is any inconsistency or conflict between the English and the Chinese versions of these terms and conditions, the English version shall prevail.
I fully understand the above terms and conditions and agree to be bound by and to comply with the said terms and conditions.
ORIENTAL PAPERZINE PUBLISHER LIMITED
ORIENTAL PAPERZINE PUBLISHER LIMITED has a policy on Personal Data Privacy and Protection.