TERMS AND CONDITIONS
1. The Terms and
- Please read these terms and conditions carefully as they apply to your use
of this Internet site (Site). By using this Site you agree to be bound by
these terms and conditions.
- We technically operate the Site. However, we exercise no editorial control
over much of the Content on the Site and in many cases other persons provide
the Content on the Site or operate parts of the Site or other Internet sites
you may view or access through the Site (Third Party Providers).
- We may revise these terms and conditions from time to time by updating
this posting. The revised terms will take effect when they are posted.
- You may be required to register with us in order to access certain parts
of the Site (Sub-Portal). Where you are required to register:
- you must provide us with accurate, complete and updated registration
- you must safeguard any user name and password which we provide to you;
- you authorise us to assume that any person using the Site with your user
name and password is either you or is authorised to act for you.
- You acknowledge that your use of some Sub Portals may be governed by
additional terms and conditions. Where this is the case, you will be notified
accordingly, and those additional terms and conditions:
- will apply to your use of such Sub-portal in addition to these terms and
- will prevail over these terms and conditions to the extent of any
- You acknowledge that we may, in our sole discretion and with or without
- vary the Site or any part of the Site (including any Sub Portal for
which you are required to register); and
- modify or discontinue this Site, any part of the Site and the services
available on it without notice.
- We reserve the right at any time to:
- charge fees; and
- to vary or amend the terms and conditions which cover such fees, for
access to or use of all or some parts of the Site.
- The introduction of charges or amendments to terms and conditions referred
to in paragraph (a) will be treated as (at our sole discretion):
- amendments to these terms and conditions; or
- the introduction of, or amendments to, terms and conditions which govern
a Sub-portal, and you will be notified and bound by those new or amended
terms and conditions accordingly.
5. Site Content
- You acknowledge that Content on the Site is subject to copyright and
possibly other intellectual property rights (Intellectual Property Rights).
Unless you are expressly authorised by law you must not yourself, or
participate in or permit any other person, to:
- sell, reproduce, distribute, modify, display, publicly perform, prepare
derivative works based on, repost or otherwise use any of the Content in any
way for any public or commercial purpose without our prior written consent;
- use any Content on any other web site or in a networked computer
environment for any purpose; or
- reverse engineer any Content consisting of downloadable software; or
- otherwise infringe the Intellectual Property Rights of any person in
using the Site or any Content.
- Nothing you do on or in relation to the Site will transfer any
Intellectual Property Rights to you or licence you to exercise any
Intellectual Property Rights unless this is expressly stated.
6. Your Use of the Site
- You must not Post any Content that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a
group defined by reference to colour, race, sex, origin, nationality or
ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be
- is indecent, obscene, vulgar, pornographic, offensive or of doubtful
- is of a menacing character;
- is likely to cause annoyance, inconvenience or anxiety;
- is likely to encourage crime, public disorder, violence or hatred;
- is likely to damage public health, safety or morals;
- infringes any copyright, trade mark, patent or other intellectual
property right of another person;
- contains any unsolicited or unauthorised advertising or promotional
- contains viruses or similar software or data which is designed to
interrupt, destroy or limit the functionality of any computer software or
- impersonates any person or misrepresents your relationship with any
- You must not:
- disrupt or interfere with the Site or servers or other software,
hardware or equipment connected to or via the Site;
- violate any Applicable Law relating to your use of the Site; or
- collect or store personal data about other users of the Site.
7. Other User Content
- This Site may contain Content uploaded, posted, emailed or otherwise
electronically transmitted (Posted) by users of the Site, including you (User
- We do not monitor or exercise editorial control over User Content however
we reserve the right:
- to access or examine any User Content; and
- at our discretion move, remove or disable access to User Content which
we consider, in our sole opinion to breach any Applicable Law or to be
- In relation to any Content Posted by you, you grant us a perpetual,
irrevocable, royalty-free licence throughout the world to use, reproduce,
modify, adapt, publish, translate, sublicense, create derivate works from,
incorporate in other works (whether electronic or not), distribute, perform
and display such Content, whether in whole or in part.
- You acknowledge that we may remove Content Posted by you in accordance
with any applicable guidelines, such as guidelines relating to period of
storage or the maximum disc space which is allotted to you.
8. Third Party Providers
- You acknowledge that:
- parts of the Site; and
- parts of the Content, are provided or maintained by Third Party
Providers and not by us.
- Your correspondence or dealings with any Third Party Provider are solely
between you and that Third Party Provider, and you agree that we will not be
liable or responsible for any loss or damage of any sort incurred as the
result of such dealings.
9. Links and Advertisements
- We have not reviewed all of the sites linked to this Site and are not
responsible for the content or accuracy of any off-site pages or any other
sites linked to this Site (including without limitation sites linked through
advertisements or through any search engines).
- Some links which appear on the Site are automatically generated, and may
be offensive or inappropriate to some people. The inclusion of any link does
not imply that we endorse the linked site, and you use the links at your own
- Your correspondence or dealings with, or participation in promotions of,
advertisers on the Site are solely between you and such advertisers.
- We will not be liable or responsible for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence
of advertisements on the Site.
10. Personal Data and Cookies
- In using the Site you may give us "personal data" as defined in the
Personal Data Privacy Ordinance (PDPO). You have certain rights in this
personal data. By using this Site you grant us the consent to use your
Please click on this link to view our Privacy
- During your use of the Site, we may issue to and request from your
computer blocks of data known as "cookies". You must not alter any cookies
sent to your computer from the Site and you must ensure that your computer
sends correct and accurate cookies in response to any relevant request from
11. The Use of the Site Is At
- You use the Site at your risk. You must evaluate, and bear all risks
associated with, the use of any Content, including reliance on the accuracy,
completeness or usefulness of any Content. In particular, where information
relating to companies, investments or securities is provided on or via the
Site, such information is provided for information purposes only. You should
seek your own independent advice with respect to any Content.
- We endeavour to provide a convenient and functional Site, but we do not
guarantee that the Content will be error free or that the Site or the server
that operates it are free of viruses or other harmful components.
- Although we will use reasonable endeavours to maintain the Content, we do
not undertake to provide support or maintenance services for the Content. We
urge you to keep backup copies of Content you Post to, maintain on or use with
- If your use of the Site results in the need for servicing or replacing
property, material, equipment or data, we will not be responsible for such
- Without limiting the above provisions, everything on the Site is provided
to you "as is" and "as available" without warranty or condition of any kind,
either expressed or implied, including, but not limited to, any implied
warranties of merchantability, fitness for a particular purpose, or
non-infringement. We exclude all representations and warranties to the fullest
extent permissible under any Applicable Law.
- If a jurisdiction does not allow the exclusion of implied warranties in
accordance with paragraph (e) but allows limitations of a certain maximum
extent then we limit our warranties to that extent.
12. Limitation of Liability
- To the extent permitted by law our aggregate liability to you, whether for
breach of these terms or in negligence or in any other tort or for any other
common law or statutory cause of action arising in relation to these terms,
the Site or the Content is limited to 100 Hong Kong dollars.
- To the extent permitted by law no party involved in creating, producing,
or delivering the Site or any Content will be liable for any direct,
incidental, consequential or indirect damages, loss or corruption of data,
loss of profits, goodwill, bargain or opportunity or loss of anticipated
savings resulting from your access to, or use of, or inability to use the Site
and the Content, whether based on warranty, contract, tort, negligence or any
other legal theory, and whether or not we know of the possibility of such
- If a jurisdiction does not allow the exclusion or limitation of liability
in accordance with paragraph (a) or (b) but allows a limitation of a certain
maximum extent then our liability is limited to that extent.
- Where you are required to register with us, you may cancel such
registration at any time by notifying us.
- We may cancel your registration if you do not visit the Site for an
extended period of time, or if we reasonably believe that you have violated
any Applicable Laws, acted inconsistently with the letter or spirit of this
agreement, or have violated our rights or those of another party.
- When your registration is cancelled, you may no longer have access to
Content you have Posted to, or which you keep on or via, the Site, and we may
delete such material.
- The provisions of these terms and conditions entitled "Use of the Site is
at Your Risk", "Limitation of Liability," and "General Provisions" will
survive cancellation of your registration or termination of this agreement.
- We will give you any necessary notices by posting them on the Site. You
- to check the Site for notices; and
- that you will be considered to have received a notice when it is made
available to you by posting on the Site.
15. General Provisions
- If any part of this agreement is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and
the remainder will remain in full force and effect.
- This agreement will be governed by the laws of Hong Kong. You irrevocably
submit to the exclusive jurisdiction of the courts of Hong Kong.
- You agree to defend, indemnify, and hold harmless us, our officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Site or the Content or your breach
of this agreement.
Applicable Law in relation to any person, action or thing means the following
in relation to that person, action or thing:
- any law, rule or regulation of any country (or political sub-division of a
- any obligation under any licence in any country (or political sub-division
of a country); and
- any lawful and binding determination, decision or direction of a regulator
in any country (or political sub-division of a country).
Content includes things that you may see, read, hear, download or access on
or via the Site (including but not limited to messages, files, data, software,
images, photographs, illustrations, text and other materials).
We or us means 26FUN.COM