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Tomoike Industrial (HK) Ltd (hereby "Tomoike") maintains this web site and other Tomoike's web sites that are linked to this site which is identified by the uniform resource locator tomoike.com.hk (collectively the "Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively the "Content"), for the use of its customers, employees and members of the general public but only for the lawful purposes described below. The Site is offered to you conditional upon your acceptance of these Terms of Use. Your use of and access to the Site constitutes your acceptance.
Tomoike may periodically amend these Terms of Use. As you are bound by these Terms of Use, you should periodically review this page.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the Site. This Agreement is entered into between you as the user of the Site (the" User") and Tomoike.
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1.
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APPLICATION OF AND ACCEPTANCE OF TERMS AND CONDITIONS
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1.1
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For purposes of this Agreement, a "User" is any person who accesses this Site for whatever purpose. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
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1.2
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By accessing, browsing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User and to comply with all applicable laws and regulations. You shall be bound by the terms and conditions of this Agreement with respect to your access, browse or use of the Site and any further upgrade, modification, addition or change to the Site. You represent you have the legal authority to accept this Agreement on behalf of yourself or any party you represent. If you do not accept all of the terms and conditions of this Agreement, please do not use the Site.
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1.3
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Tomoike may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Tomoike of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Tomoike.
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2.
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USER GENERALLY
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2.1
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User may use the Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Tomoike Content") for the purpose of re-selling or re-distributing the Tomoike Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Tomoike, or otherwise commercially exploiting the Tomoike Content. Systematic retrieval of Tomoike Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Tomoike is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
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2.2
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Tomoike may allow User access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to a third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policy before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that such linked web sites are not under the control of Tomoike. Tomoike is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites. Tomoike shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.
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2.3
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We urge that you read Tomoike 's Privacy Practices which governs the protection and use of each User's information in Tomoike 's possession. Each User hereby accepts the Privacy Practices and any updates and amendments thereto. Each User acknowledges that Tomoike may change the Privacy Practices from time to time provided that Tomoike shall make available the updated version of the Privacy Practices on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Practices which is then displayed on the Site at the time of such use.
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3.
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RESTRICTIONS OF USE OF MATERIALS
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3.1
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You acknowledge that the Content is protected in Hong Kong and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively "Rights").
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3.2
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No material from the Site or any web site owned, operated, licensed or controlled by Tomoike may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your own private and non-commercial viewing only. Modification of the materials or use of the materials for any other purpose is a violation of Tomoike's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
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3.3
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In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Tomoike. Tomoike retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
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3.4
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Nothing contained in the Site should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark, logos or service marks displayed on the Site without the written permission of Tomoike or its third party owner.
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4.
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TERMINATION
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4.1
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Tomoike reserves the right to terminate your access to all or part of the Site, with or without notice.
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5.
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DISCLAIMER
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5.1
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THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Tomoike DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tomoike DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. Tomoike DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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5.2
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Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Tomoike or through or from the Site shall create any warranty not expressly stated herein.
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6.
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LIMITATION OF LIABILITY
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6.1
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Tomoike WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENTS OR LINKS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST BUSINESS OR LOST DATA.
6.2 IF YOU ARE DISSATISFIED WITH THE SITE, THE MATERIALS AVAILABLE ON IT, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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7.
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INDEMNIFICATION
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7.1
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You agree to indemnify, defend and hold harmless Tomoike, its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Site, the content or transmitted by you on or through the Site. Tomoike reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
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8.
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MODIFICATION TO THE SITE
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8.1
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Tomoike reserves the right to modify or discontinue the Site without prior notice. Tomoike shall not be liable to you for any modification to or discontinue of the Site.
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9.
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MISCELLANEOUS
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9.1
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This Agreement, and any disputes arising out of or in connection with this Agreement or these Terms of Use, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and the Privacy Practices constitute the entire agreement between you and Tomoike relating to the subject matter herein.
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9.2
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Tomoike's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Tomoike's right to act with respect with subsequent or similar breaches.
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