Terms & conditions
1 Terms & conditions
Date of Last Revision: 5 Nov 2010
adamcheck.com and its sub-domains (hereinafter referred to as the "Site") is under the administration of adamcheck.com (hereinafter referred to as the "Company"). Whatever the user (hereinafter referred to as "You") is anonymous or authenticated, You agree that the Privacy Statement and the terms and conditions set out below are binding upon You.
1 Prohibition
1.1 WARNING
1.1.1 You should not apply, store, transmit or distribute material in violation of any applicable law or regulation.
1.1.2 You should not download any information on the site.
1.1.3 You should not post any content which is libelous, pornographic, abusive, threatening, hateful or contains nudity or graphic or gratuitous violence.
1.1.4 You should not post content or take any action on the Site that violates someone else's rights or otherwise violates the law.
1.1.5 You should not harass, bully or intimidate any user.
1.1.6 You should not offer any promotion, giveaway or contest on the Site without the Company’s written permission.
1.1.7 You should not use the Site to do anything unlawful, malicious, misleading, or discriminatory.
1.1.8 You should not do anything that could overburden, disable, or impair the proper working of the Site.
1.1.9 You should not upload viruses or other code.
1.1.10 You should not send or post commercial communication (such as spam) on the Site.
1.1.11 All information on the site (e.g. layout, text, images, database and others) are the intellectual properties of the Company. You should not infringe the Company’s copyright, trademark, trade secrets or other intellectual property rights of others.
1.1.12 You should not post any advertisement on the Site without written approval.
1.1.13 You should not engage in unlawful marketing activity on the Site.
1.1.14 You should not access the third party’s account.
2 Account
2.1 You should not provide any false personal information on the Site, or create an account for anyone other than You without the Company’s written permission.
2.2 You should keep your contact information accurate.
2.3 If You select a username for your account the Company reserves the right to remove or reclaim it if the Company believes appropriate.
2.4 You should not use your personal profile for your own PERSONAL AND COMMERCIAL gain.
2.5 You should not create more than one personal profile.
2.6 If the Company disables your account, You cannot create another account without the Company’s written permission.
2.7 You should not share your password.
2.8 You should not transfer your account to the third party.
2.9 You should not use the Site if You are under 14.
2.10 You should not use the Site if You are a convicted sex offender.
3 Use of the Site
3.1 Any personal data of You which are irrelevant to all terms’ and conditions’ purposes shall be disregarded. The Company may delete Your account.
3.2 You agree that the Company and the Company’s affiliates may use personal data of You for purposes relating to the provision of services offered by the Company and special events arranged by the Company and the Company’s affiliates.
3.3 The Company reserves the right to expel You and prevent Your further access to the Site, at any time for breaching this Agreement or violating the law and also reserves the right to remove any material which is inappropriate , abusive, illegal or disruptive in the Company’s sole discretion without notice.
4 Right of other users
4.1 The Company has the right to remove any content or information You post on the Site if the Company believes that it violates this terms and conditions.
4.2 If You repeatedly infringe other people's intellectual property rights, the Company disable your account at once without notice.
4.3 If You collect information from other users, You should obtain their consent, make it clear You are the one collecting their information, and post a privacy policy explaining what information You collect and how You will use it.
4.4 You should not post someone’s identification documents or sensitive financial information on the Site.
5 Link function
5.1 The Company would not give You permission to use the Link function so that You cannot post links or content from your website on the Site.
5.2 You give the Company’s permission to use and allow others to use such links and content on the Site.
5.3 You should not place the Link function on any page containing content that would violate this terms and conditions if posted on the Site.
5.4 If you send the video link to the Company by e-mail, the content of the link should be relevant.
6 Authority of the site
6.1 After You posted comment, feedback, information and other content on the Site, You unconditionally grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to exercise the copyright, publicity and database rights in the content in order that the Company can host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the content in any form, and carry out the purposes set out in the Privacy Statement and herein without prior notice.
6.2 When You delete the content, the deleted content and materials still persist in backup copies for a reasonable period of time.
6.3 The Company may use feedback or suggestions from You without any obligation to compensate You for them.
7 Advertisement or marketing promotion
7.1 The Company does not guarantee the activity that your advertisement or marketing promotion will receive, such as the number of clicks You will get.
7.2 The Company does not warrant that any advertisement or web page or materials will be viewed by any specific number of users or that it will be viewed by any specific user.
7.3 The Company cannot control how people interact with your advertisement or marketing promotion, and is not responsible for click fraud or other improper actions.
7.4 The Company will determine the size, placement, and positioning of advertisement or marketing promotion of You.
7.5 The Company’s license to run your advertisement or marketing promotion will end when the Company has completed your order.
7.6 The Company can use your advertisement and related content and information for marketing or promotional purposes.
7.7 You will pay for your advertisement or marketing promotion in accordance with the Company’s terms of payment.
7.8 The Company may reject or remove any advertisement or marketing promotion for any reason.
7.9 When the Company decides to remove any paid advertisement or marketing promotion not relating to any breach of the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Site, refund the remaining fees.
7.10 You cannot post any advertisement or marketing promotion on behalf of someone except the Company’s written permission.
7.11 You cannot issue any press release or make public statements about your relationship with the Site or the Company without the Company’s written permission.
8 Responsibility
8.1 You acknowledge that the Company does not edit, review or approve any content posted on the Site or any content sent through the Site. The Company takes no responsibility for the content on the Site.
8.2 The Company is not responsible for any improper use by any user or third party from linked third party web sites of any data or materials posted on the Site.
8.3 The Company does not represent or guarantee the truthfulness, accuracy or reliability of any advertisement or marketing promotion or materials posted by others or endorse any opinions expressed by others.
8.4 The Company is not responsible for the content of any third party web sites linked to the Site.
8.5 If You access any linked third party web sites, You have to take your own risk.
8.6 The Company should have the right to remove any materials or content posted on the Site without any compensation to You.
8.7 The Company should not in be considered an agent of user with respect to any use of the Site and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Site, for whatever reason made. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITES OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS, MEDIA AND LINKS OF THE SITE.
9 Indemnity
9.1 If anyone brings a claim against the Company related to your actions, content or information on the Site, you will indemnify and hold the Company harmless from and against all losses, damages and expenses of any kind (including reasonable legal fees and costs) related to such claim.
10 Limitation of the Service
10.1 The Company should have the right to limit the use of the Services, including the period of time that contents will be posted on the Site, the size of the contents, email messages or any other contents which are transmitted by the Services.
10.2 The Company reserves the right, in its sole discretion, to modify or remove any contents or materials posted on the Site, for any reason, without giving any prior notice or reason to users. You acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Service.
10.3 The Company should have no obligation to deliver any material or content posted on the Site to You at any time, both before or after cessation of the Services or upon removal of the related contents from the Site.
11 Termination of Service
11.1 The Company should have the right to delete or deactivate any account, or block the email or IP address of You, or terminate the access of You to the Services, and remove any content within the Services immediately without notice for any reason.
12 Disclaimer
12.1 The Company does not have control over and does not guarantee the truth or accuracy of listings of any advertisement or materials on the Site.
12.2 You expressly agree that use of the Site is at the sole risk of web user. The content, materials, goods and/or service are provided on an "as is" and "as available" basis.
12.3 IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHOULD NOT BE LIABLE IN ANY EVENT FOR ANY CLAIMS, LOSSES OR DAMAGES SUFFERED BY YOU WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.
13 Limitation of Liability
13.1 Without prejudice to the above and subject to the applicable laws, the aggregate liability by the Company to You for all claims arising from their use of the Services and the Site shall be limited to the amount of HK$5.
14 Security Measure
14.1 The Company will protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.
14.2 The Company will ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by You.
15 Law and Jurisdiction
15.1 The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong"). The Company and You shall submit to the exclusive jurisdiction of the courts of Hong Kong.
16 Privacy
16.1 The Company maintains a strict confidentiality policy on all personal data submitted by You via adamcheck.com and its sub-domains.
16.2 Collection of personal data from You shall be for purposes relating to the provision of the services offered by the Company and marketing the services and special events of the Company.
16.3 You consent to transfer of personal information outside of your country.
16.4 You are entitled to access to your own personal data kept with the Company.
17 Amendments
17.1 The Company can amend all the Privacy Statement and terms and conditions, upon notice without opportunity to comment.
17.2 The Company will give You a minimum of seven days notice of amendments.
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