TERMS OF USE
UNLESS OTHERWISE SPECIFIED
BY US IN THIS WEBSITE OR PURSUANT TO SEPARATE LICENCES GRANTED BY US,
YOU MUST NOT DOWNLOAD, COPY, REPRODUCE, PUBLISH, TRANSMIT, DISTRIBUTE
OR RESELL ANY PICTURES FROM THIS WEBSITE IN ANY FORMAT AND BY ANY MEANS.
BY USING THIS WEBSITE, YOU ARE BOUND BY THE TERMS OF USE STATED HEREIN.
1. Information
This Website presents information, data, content, photo, picture, video,
audio and other materials and items, tangible or intangible (collectively,
the "Information"). If we agree to grant you access to this
Website such access shall be a non-exclusive, non-transferable and limited
licence to access this Website in accordance with these Terms of Use.
2. Change of Terms
of Use
We may change, add to or delete terms from these Terms of Use from time
to time in our sole discretion without notice or liability to you. By
continuing to use this Website following such modifications to the Terms
of Use, you agree to be bound by such modifications.
3. Changes to Website
We may, at our absolute discretion and at any time, without prior notice
to you, add to, amend or remove material from this Website, or alter the
presentation, substance, or functionality of this Website.
4. User Conduct
on this Website
As a condition of your use of this Website, you may not:
(a) trespass, break into, access, use or attempt to trespass, break into,
access or use any other parts of our servers, and/or any data areas for
which you have not been authorized by us;
(b) restrict or inhibit any other user from using and enjoying this Website;
(c) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive, or otherwise
objectionable or unreasonable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offence, give rise to civil liability, or
otherwise violate any local, state, national or foreign law, infringe
any intellectual property right, proprietary rights or confidentiality
obligations of others;
(d) post or transmit any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes or other unsolicited
commercial communication, or engage in spamming or flooding;
(e) post or transmit any information or software which contains a virus,
trojan horse, worm or other harmful component;
(f) post, publish, transmit, reproduce, distribute or in any way exploit
any Information obtained through this Website for commercial purposes
without our prior written permission (unless otherwise specified by us
in this Website or pursuant to separate licence granted by us);
(g) upload, post, publish, transmit, reproduce, or distribute in any way,
any component of this Website itself or any Information obtained through
this Website which is protected by copyright, or other proprietary right,
or create derivative works with respect thereto, without our prior written
permission (unless otherwise specified by us in this Website or pursuant
to separate licence granted by us);
(h) You have no rights in or to the Information and you will not use the
Information, except as permitted under these Terms of Use and/or in accordance
with separate licence granted by us.
5. Third Party
Information
(a) The Information may contain information provided by third parties
or sourced by us from business information sources and other references
or sources.
(b) We are not responsible if any such Information is not up-to-date.
We do not separately verify the Information provided by such third party
or agency and you are cautioned thus to the reliability and accuracy of
the Information accordingly. We do not accept any responsibility whatsoever
in respect of any such Information. Any use of and reliance of such Information
is at your own risk.
6. Prohibition
of Access
(a) Whilst we shall use commercially reasonable efforts to provide users
with access to this Website twenty-four (24) hours per day, we cannot
guarantee your access and you acknowledge that we make no representation
or warranty that this Website will be available. You are responsible for
your own hardware, software and facilities and we cannot guarantee compatibility
of this Website with your systems.
(b) We shall be entitled, at our sole discretion, to (a) temporarily suspend
this Website to upgrade or modify this Website, and/or (b) restrict your
access to and use of this Website where we consider it reasonably necessary
for the operation of this Website. We shall not be responsible for any
loss or damage you may incur as a result of any such suspension, restriction
or prohibition.
(c) We reserve the right at all times to prohibit or deny your access
to this Website or any part thereof immediately and without notice, where
we are of the opinion that you have breached any of the terms contained
in these Terms of Use or that such prohibition or denial is appropriate,
desirable or necessary in our sole opinion.
7. Links to and
from this Website
(a) Links on this Website may take you to other sites and you acknowledge
and agree that we have no responsibility for the accuracy or availability
of any Information provided by linked websites.
(b) Links to other websites do not constitute an endorsement or recommendation
by us of such websites or the Information, products, advertising or other
materials available on those websites.
8. Intellectual
Property Right
(a) All intellectual property rights subsisting in respect of this Website
belong to us or have been lawfully licensed to us for use on this Website.
All rights under applicable laws are hereby reserved. While you may download
or print material from this Website for your personal, non-commercial
use, it remains the property of Midland Realty, unless otherwise stipulated.
(b) Unless otherwise specified by us in this Website or pursuant to separate
licence granted by us, you are not allowed to upload, download, post,
publish, reproduce, transmit or distribute in any way any component of
this Website itself or create derivative works with respect thereto as
this Website is copyrighted under applicable laws.
(c) You agree that we are free to use, disclose, adopt and modify all
and any ideas, concepts, know-how, proposals, suggestions, comments and
other communications and information provided by you to us ("Feedback")
in connection with this Website without any payment to you. You hereby
waive and agree to waive all and any rights and claims for any consideration,
fees, royalties, charges and/or other payments in relation to our use,
disclosure, adoption and/or modification of any or all of your Feedback.
9. Limited Liability
and Warranty
All Information is for your general reference or use pursuant to any licence
separately granted by us only. We do not accept any responsibility whatsoever
in respect of such Information.
YOUR ACCESS TO AND
USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS",
"AS AVAILABLE". THIS WEBSITE IS FOR YOUR PERSONAL USE ONLY AND
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS ADVERTISED, BOUGHT OR SOLD
USING THIS WEBSITE OR ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. REFERENCE IN THIS WEBSITE TO ANY THIRD PARTY PRODUCTS,
EVENTS OR SERVICES DO NOT CONSTITUTE OR IMPLY OUR ENDORSEMENT OR RECOMMENDATION
OF ANY KIND.
Without limiting any
exclusion specifically provided for in these Terms of Use, we shall in
no event be liable for any costs, damages or liability for any unauthorized
use of this Website or breach of security relating to this Website.
We do not guarantee
or assume any responsibility that and you acknowledge that we make no
representation or warranty, that:
(a) the Information on this Website is accurate, adequate, current or
reliable, or may be used for any purpose other than for general reference
or as specified in any separate licence granted by us;
(b) the Information on this Website is free of defect, error, omission,
virus or anything which may change, erase, add to or damage your software,
data or equipment;
(c) messages sent through the internet will be free from interception,
corruption or loss;
(d) access to this Website will be available or be uninterrupted; or
(e) defects in this Website will be corrected.
In no event shall
we be liable (whether in tort or contract or otherwise) to you or any
other person for any direct, indirect, incidental, special, punitive or
consequential damages, including any loss of business or profit, arising
out of any use, or inability to use, errors or omission in this Website
or the Information, even if we have been advised of the possibility of
such damages.
You will exercise and rely solely on your own skill and judgment in your
use of this Website and use and interpretation of the Information. You
are responsible to ensure that your use of this Website and the Information
complies with all applicable legal requirements.
The limitation of
liability contained in these Terms of Use will apply to the fullest extent
permitted by applicable laws.
10. Indemnity
You agree to defend, indemnify and hold us, our employees, agents, officers,
directors, agents, contractors, suppliers and other representatives harmless
from and against all liabilities, damages, claims, actions, costs and
expenses (including legal fees), in connection with or arising from your
breach of these Terms of Use and/or your use of this Website. We may,
if necessary, participate in the defence of any claim or action and any
negotiations for settlement. You will not make any settlement that may
adversely affect our rights or obligations without our prior written approval.
We reserve the right, at our own expense and on notice to you, to assume
exclusive defence and control of any claim or action.
11. Privacy Policy and Personal Information Collection Statement
For information about our privacy policies and practices, please refer
to our Privacy Policy and Personal Information Collection Statement.
12. Partial Invalidity
The illegality, invalidity or unenforceability of any provisions of these
Terms of Use under the law of any jurisdiction shall not affect its legality,
validity or enforceability under the laws of any other jurisdiction nor
the legality, validity or enforceability of any other provision.
13. Miscellaneous
No waiver of any breach under these Terms of Use will amount to a waiver
of any other breach. The headings in these Terms of Use are for convenience
only and do not affect interpretation.
14. Governing Law
and Jurisdiction
These Terms of Use shall be governed by the law of the Hong Kong Special
Administrative Region of the People's Republic of China. You agree to
submit to the exclusive jurisdiction of the Hong Kong Court.
Disclaimer
The information provided
by Midland Realty (Midland) on this website is for reference only. Whilst
endeavours have been made to ensure the accuracy of the information on
this site, no express or implied warranty or representation is given to
the accuracy or completeness of the information or its appropriateness
for use in any particular circumstances.
Midland is not responsible
for any loss or damages whatsoever arising out of or in connection with
this web site. Midland reserves the right to omit, suspend or edit all
information compiled by Midland on this web site at any time in its absolute
discretion without giving any reason or prior notice. Users are responsible
for making their own assessment of all information contained on this web
site and are advised to verify such information and obtaining independent
advice before acting upon it.
Please note that the
maps presented on this website have been simplified and may carry more
updated map features as compared with the other publications. Some discrepancies
may occur. Refinements will be made if necessary and when opportunities
arise.
The mapping information
provided on this web site is produced by Starnet Technology Limited (the
"Company") and protected by copyright owned by the Company.
No express or implied warranty or representation is given to the accuracy
or completeness of such mapping information or its appropriateness for
use in any particular circumstances. Midland and the Company shall not
be responsible for any loss or damages whatsoever arising from any cause
whatsoever in connection with such mapping information or with this web
site.
Copyright
The contents available
on this web site, including but not limited to all text, graphics, drawings,
diagrams, photographs and compilation of data or other materials are protected
by copyright. Any reproduction, adaptation, distribution, dissemination
or making available of such copyright work to the public is strictly prohibited
unless prior written authorisation is obtained from the relevant copyright
owners. Please contact Midland if you wish to seek permission for use
of any material on this web site.
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