QQ Development Limited (“PROMOHK” or “we”) operates PROMOHK, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by PROMOHK include any PROMOHK branded URL (the "PROMOHK Website"), and any other features, content, or applications offered from time to time by PROMOHK in connection with PROMOHK’s business (collectively, the "PROMOHK Services"). The PROMOHK Services are hosted in Hong Kong.
This Agreement includes PROMOHK' policy for acceptable use of the PROMOHK Services and Content (as defined in Section 6.1 below) posted on or through the PROMOHK Services and your rights, obligations and restrictions regarding your use of the PROMOHK Services and Content posted on or through the PROMOHK Services. In order to participate in certain PROMOHK Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from PROMOHK. Unless otherwise provided by the additional terms and conditions applicable to the PROMOHK Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
PROMOHK may modify this Agreement from time to time and such modification shall be effective upon posting by PROMOHK on the PROMOHK Website. Your continued use of the PROMOHK Services after PROMOHK posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the PROMOHK Services and that you provide to other Users. Your PROMOHK profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other PROMOHK Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and PROMOHK assumes no responsibility or liability for this material. If you become aware of misuse of the PROMOHK Services by any person, please click on the Contact Us at the bottom of the PROMOHK Website pages.
PROMOHK reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the PROMOHK Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. PROMOHK expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the PROMOHK Services if PROMOHK determines, in its sole discretion, that you have violated this Agreement or pose a threat to PROMOHK and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the PROMOHK Services and registration to be a Member for the PROMOHK Services ("Membership") is void where prohibited. By using the PROMOHK Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the PROMOHK Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the PROMOHK Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. PROMOHK may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that PROMOHK reserves the right to charge for any portion of the PROMOHK Services and to change its fees (if any) from time to time in its discretion. If PROMOHK terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PROMOHK immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members.
The PROMOHK Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by PROMOHK. PROMOHK reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the PROMOHK Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PROMOHK Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. PROMOHK reserves the right to take appropriate legal action for any illegal or unauthorized use of the PROMOHK Services.
6. Proprietary Rights in Content on PROMOHK.
6.1 PROMOHK does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the PROMOHK Services. After posting your Content to the PROMOHK Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the PROMOHK Services, you hereby grant to PROMOHK (see Copyright Policy ) a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the PROMOHK Services, including without limitation distributing part or all of the PROMOHK Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the PROMOHK Website. This limited license does not grant PROMOHK the right to sell or otherwise distribute your Content outside of the PROMOHK Services. After you remove your Content from the PROMOHK Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the PROMOHK Website you change the Content’s privacy setting to "private", we will cease distribution of such "private" Content outside the PROMOHK Website as soon as practicable after you make the change.
6.2 The license you grant to PROMOHK is non-exclusive (meaning you are free to license your Content to anyone else in addition to PROMOHK), fully-paid and royalty-free (meaning that PROMOHK is not required to pay you for the use on the PROMOHK Services of the Content that you post), sublicensable (so that PROMOHK is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the PROMOHK Services), and worldwide (because the Internet and the PROMOHK Services are global in reach).
6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the PROMOHK Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the PROMOHK Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the PROMOHK Services.
6.4 The PROMOHK Services contain Content of PROMOHK ("PROMOHK Content"). PROMOHK Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and PROMOHK owns and retains all rights in the PROMOHK Content and the PROMOHK Services. PROMOHK hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PROMOHK Content (excluding any software code) solely for your personal use in connection with viewing the PROMOHK Website and using the PROMOHK Services.
6.5 The PROMOHK Services contain Content of Users and other PROMOHK licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PROMOHK Services.
6.6 PROMOHK performs technical functions necessary to offer the PROMOHK Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PROMOHK Services.
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.18 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the PROMOHK Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, PROMOHK reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PROMOHK deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the PROMOHK Services, you acknowledge that you will have caused substantial harm to PROMOHK, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PROMOHK USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the PROMOHK Services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the PROMOHK Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any PROMOHK page via HTML/CSS or any other means;
8.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
8.24 interfering with, disrupting, or creating an undue burden on the PROMOHK Services or the networks or services connected to the PROMOHK Services;
8.25 impersonating or attempting to impersonate another Member, person or entity;
8.26 for band, comedy, filmmaker and other profiles containing a PROMOHK player, copying the code for your PROMOHK Player and embedding it (or directing others to embed it) anywhere other than your band profile on PROMOHK;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the PROMOHK Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the PROMOHK Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
8.31 using the PROMOHK Services in a manner inconsistent with any and all applicable laws and regulations.
9 Protecting Copyrights and Other Intellectual Property. PROMOHK respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. PROMOHK has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the PROMOHK Services in a way that constitutes copyright infringement, please refer Copyright Policy .
10. Member Disputes. You are solely responsible for your interactions with other PROMOHK Members. PROMOHK reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
12. Disclaimers. PROMOHK is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the PROMOHK Services, whether caused by Users of the PROMOHK Services or by any of the equipment or programming associated with or utilized in the PROMOHK Services and such User Content does not necessarily reflect the opinions or policies of PROMOHK. Profiles and third party applications created and posted by Members on the PROMOHK Website may contain links to other websites. PROMOHK is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by PROMOHK. Inclusion of any linked website on the PROMOHK Services does not imply approval or endorsement of the linked website by PROMOHK. When you access these third-party sites, you do so at your own risk. PROMOHK takes no responsibility for third party advertisements or third party applications that are posted on or through the PROMOHK Services, nor does it take any responsibility for the goods or services provided by its advertisers. PROMOHK is not responsible for the conduct, whether online or offline, of any User of the PROMOHK Services. PROMOHK assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PROMOHK is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PROMOHK Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PROMOHK Services. Under no circumstances shall PROMOHK be responsible for any loss or damage, including personal injury or death, resulting from use of the PROMOHK Services, attendance at a PROMOHK event, from any User Content posted on or through the PROMOHK Services, or from the conduct of any Users of the PROMOHK Services, whether online or offline. The PROMOHK Services are provided "AS-IS" and as available and PROMOHK expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PROMOHK cannot guarantee and does not promise any specific results from use of the PROMOHK Services.
13. Limitation on Liability. IN NO EVENT SHALL PROMOHK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PROMOHK SERVICES, EVEN IF PROMOHK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROMOHK 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROMOHK FOR THE PROMOHK SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Hong Kong SAR, without regard to its conflict of law provisions. You and PROMOHK agree to submit to the exclusive jurisdiction of the courts located within the Hong Kong to resolve any dispute arising out of the Agreement or the PROMOHK Services.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15 Indemnity. You agree to indemnify and hold PROMOHK, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PROMOHK Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the PROMOHK Services causes PROMOHK to be liable to another.
16. Other. This Agreement is accepted upon your use of the PROMOHK Website or any of the PROMOHK Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PROMOHK regarding the use of the PROMOHK Services. The failure of PROMOHK to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PROMOHK is a trademark of PROMOHK. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.