TERMS
AND CONDITIONS OF USE
OF
(Four Season Limited aka Total Internet Privacy)
1 ACCEPTANCE
OF TERMS
PLEASE
NOTE THAT WHEN YOU MAKE A PAYMENT FOR A SERVICE YOU WILL BE MAKING YOUR PAYMENT
TO FOUR SEASON LIMITED A REGISTERED COMPANY IN HONG KONG. IF YOU REQUIRE ANY
CLARIFICATION OF THE SIGNUP PROCESS, THE SERVICE TO BE PROVIDED OR THE PAYMENT
METHODS OFFERED INCLUDING CREDIT CARD PAYMENTS, PLEASE CONTACT FOUR SEASON
LIMITED ON HONG KONG NUMBER +85230076276. IF UNAVAILABLE PLEASE LEAVE A MESSAGE
AND WE WILL RESPOND IMMEDIATELY.
1.1 Your
access to and use of [TOTAL INTERNET PRIVACY]
("the Website") and any Services referred to in Clause 2, is subject
exclusively to these Terms and Conditions.
You will not use the Website/Services for any purpose that is unlawful
or prohibited by these Terms and Conditions.
By using the Website/Services you are fully accepting the terms, conditions
and disclaimers contained in this notice. If you do not accept these Terms and Conditions
you must immediately stop using the Website/Services.
1.2 We
reserve the right to update or amend these Terms and Conditions at any time
and your continued use of the Website/Services following any changes shall
be deemed to be your acceptance of such change.
It is therefore your responsibility to check the Terms and Conditions
regularly for any changes.
2 THE
SERVICES
The Website may provide communication tools such as privacy
software, TIP tunnel anonymiser, internet logon facilities, email, bulletin
boards, chat areas, the TIP Vault, email services,news groups, forums and/or
other message or communication facilities ("the Services") designed
to enable you to communicate with others. Unless stated otherwise the Services
are for your personal and non-commercial use only.
3 CHILD
SUPERVISION
We are concerned about the safety and privacy of our
users, particularly children. Parents
who wish to allow their children access to and use of the Website/Services
should supervise such access and use. By
allowing your child access to the Services you are allowing your child access
to all of the Services, including privacy software, TIP tunnel anonymiser,
internet logon facilities, email, bulletin boards, chat areas, the TIP Vault,
email services, news groups, forums and/or other message or communication
facilities. It is therefore your responsibility to determine
which Services are appropriate for your child. Always use caution when revealing personally
identifiable information about yourself or your children via any of the Services.
4 PRIVACY
POLICY
We
are committed to responsible data management and subscribe to the principals
of the data protection legislation in
4.1 We
use a technology called "cookies" as part of our normal business
procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website
sends to your browser that is then stored on your system. You can set your browser to prevent this happening.
Any information collected in this way can be used to identify you unless
you change your browser settings.
5 USER
ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account
you will be required to complete the registration process by providing certain
information and registering a username and password for use with that Service.
You are responsible for maintaining the confidentiality of the username
and password and also for all activities which take place under your account.
You agree to immediately notify us of any unauthorised use of your
password or account or any other breach of security. In no event will [TOTAL
INTERNET PRIVACY] be liable for any indirect or consequential loss
or damage whatsoever resulting from the disclosure of your username and/or
password. You may not use another person’s
account at any time, without the express permission of the account holder.
6 ACCEPTABLE
USE
6.1 You
acknowledge that all information, text, graphics, logos, photographs, images,
moving images, sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the sole responsibility
of the person from whom such Content originated. We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of such Content and you
acknowledge that by using the Services you may be exposed to Content that
is offensive and/or indecent. [TOTAL INTERNET PRIVACY] will not be liable in any way
for any Content or for any loss or damage of any kind resulting from the use
of any Content transmitted via the Services and you agree to bear all risks
associated with the use of any Content, including any reliance on the accuracy
or completeness of such Content.
6.2 In
using the Website/Services you agree not to:
6.2.1 use
the Services to send junk email, spam, chain letters, pyramid schemes or any
other unsolicited messages, commercial or otherwise;
6.2.2 post,
publish, distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post,
publish, distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race, religion,
disability, nationality or otherwise;
6.2.4 threaten,
abuse, disrupt, stalk or otherwise violate the legal rights (including rights
of privacy and publicity) of others;
6.2.5 use
any information or material in any manner that infringes any copyright, trademark,
patent or other proprietary right of any party;
6.2.6 make
available or upload files that contain a virus, worm, trojan or corrupt data
that may damage the operation of the computer or property of another;
6.2.7 collect
or store personal information about others, including email addresses;
6.2.8 advertise
or offer to buy or sell goods or services for any commercial purpose, unless
such communication facility specifically allows such messages;
6.2.9 impersonate
any person or entity for the purpose of misleading others;
6.2.10 violate
any applicable laws or regulations;
6.2.11 use
the Website/Services in any manner that could damage, disable, overburden
or impair the Website/Services or interfere with any other party’s use and
enjoyment of the Website/Services;
6.2.12 post,
publish, distribute or disseminate material or information that you do not
have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information or confidential information disclosed in the course
of employment or under a confidentiality agreement);
6.2.13 attempt
to gain unauthorised access to any of the Services, other accounts, computer
systems or networks connected to the Website/Services through hacking, password
mining or any other means.
6.3 We
have no obligation to monitor the Services but shall be entitled to review
materials posted to a communications facility and, at our sole discretion,
to remove any material that breaches these Terms and Conditions or is otherwise
objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of the Services
at any time, without notice, for any reason, including without limitation,
breach of these Terms and Conditions. We
may also at any time, at our sole discretion, discontinue the Website/Services
or any part thereof without prior notice and you agree that we shall not be
liable to you or any third party for any termination of your access to the
Website/Services.
8
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party
websites that are controlled and maintained by others. Any link to other websites is not an endorsement
of such websites and you acknowledge and agree that [TOTAL INTERNET PRIVACY] is not responsible for the content
or availability of any such sites.
9 INTERNATIONAL
USE
You
agree to comply with all applicable laws regarding the transmission of technical
data exported from Hong Kong or other countries or the country in which you
reside (if different) and with all local laws and rules regarding acceptable
use of and conduct on the Internet.
10 INTELLECTUAL
PROPERTY RIGHTS
10.1 The
Website and its content (including without limitation the Website design,
text, graphics and all software and source codes connected with the Website
and the Services) are protected by copyright, trade marks, patents and other
intellectual property rights and laws. In
accessing the Website you agree that you will access the contents solely for
your personal, non-commercial use. None
of the content may be downloaded, copied, reproduced, transmitted, stored,
sold or distributed without the prior written consent of the copyright holder.
This excludes the downloading, copying and/or printing of pages of
the Website for personal, non-commercial home use only.
10.2 [TOTAL INTERNET PRIVACY] does not claim ownership of
any materials you post, upload or submit to any publicly accessible area of
the Services. However, by doing so you are granting us a world-wide, royalty
free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly
display, edit, translate or publish such Content for as long as you elect
to display such Content via the Services.
The licence shall be terminated when such Content is deleted from the
Services.
11 INDEMNITY
You agree to indemnify and hold [TOTAL INTERNET PRIVACY] harmless from and against any
breach by you of these Terms and Conditions and any claim or demand brought
against [TOTAL INTERNET PRIVACY] by any third
party arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses) howsoever suffered or incurred
by [TOTAL INTERNET PRIVACY] in consequence
of your breach of these Terms and Conditions.
12 DISCLAIMERS
AND LIMITATION OF LIABILITY
12.1 Use
of the Website/Services is at your own risk.
The Website/Services are provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including but not limited
to the implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
12.2 To
the extent permitted by law, [TOTAL INTERNET PRIVACY]
will not be liable for any indirect
or consequential loss or damage whatsoever (including without limitation loss
of business, opportunity, data, profits) arising out of or in connection with
the use of the Website/Services.
12.3 [TOTAL INTERNET PRIVACY] makes no warranty that the Website/Services
will meet your requirements, that Content will be accurate or reliable, that
the functionality of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services or the server
that makes them available are free of viruses or anything else which may be
harmful or destructive.
12.4 Nothing
in these Terms and Conditions shall be construed so as to exclude or limit
the liability of [TOTAL INTERNET PRIVACY] for
death or personal injury as a result of the negligence of [TOTAL
INTERNET PRIVACY].
12.5 Nothing
in these Terms and Conditions shall affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined
to be invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction then such Term or Condition shall be severed and the remaining
Terms and Conditions shall survive and remain in full force and effect and
continue to be binding and enforceable.
14 GOVERNING
LAW
These Terms and Conditions shall be governed by and construed
in accordance with the law of [Hong Kong] and
you hereby submit to the exclusive jurisdiction of the [