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TERMS
OF SERVICE AND CONDITIONS OF USE |
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Please read the following terms of
service and conditions of use carefully before using this site.
By using this site, you signify your agreement to abide by these
terms and conditions. If you do not agree to these terms and conditions,
please do not use this site. We reserve the right, at our sole and
absolute discretion, to change, modify, add or remove all or any
part of these terms and conditions at any time. Please check these
terms and conditions periodically for changes. Your continued use
of this site subsequent to the posting of changes to these terms
and conditions will mean your acceptance of those changes. ACCEPTABLE WEB SITE USE You may only use this site for lawful purposes. You may not post any information that is inaccurate or false, or that infringes or violates the rights of any third parties, or that in any way misrepresents you or your interests. If you have a password to this site or our email service, you may not share that password with third parties. You may not use this site to transmit, publish, upload, post or circulate any material that is unlawful, harmful, threatening, harassing, tortuous, defamatory, obscene, libelous, violates another's privacy or publicity rights, violates another's intellectual property rights, or is otherwise offensive or objectionable. In addition, you may not in any way manipulate any of the materials in this site, or in any way interfere with the operation of this site, including, without limitation, any transmission of software viruses or any computer codes or messages designed to disrupt, interrupt or alter the operation of this site. RESTRICTIONS ON USE OF MATERIALS This site is owned and operated by Windy City International Limited (referred to as "we", "us", or "our" herein). You may include a text-based link to any portion of this site on your home page or web site. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. INDEMNITY AND RELEASE By using this site, you agree to indemnify us, subsidiaries, associates, owners, directors, officers, agents, and employees and hold them harmless from any and all claims and expenses incurred by all or any of them arising from your use of this site or the services provided in this site or the materials contained in this site or otherwise. By using this site, you hereby agree to release us, subsidiaries, associates, owners, directors, officers, agents, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against all or any of them arising out of or in any way related to the use of this site or the services provided in this site or the materials contained in this site or otherwise. You hereby agree to waive all laws that may limit the efficacy of such release. DISCLAIMER THE MATERIALS IN THIS SITE ARE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE ACCEPT NO LIABILITY OR RESPONSIBILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY USE, MISUSE, INACCURACY OR OMISSION OF THE SERVICES PROVIDED IN OR THE MATERIALS OR OTHER CONTENTS PUBLISHED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DO NOT WARRANT AND WE ASSUME NO LIABILITY OR RESPONSIBILITY THAT THE FUNCTIONS CONTAINED OR SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES PROVIDED OR THE MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT US) 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. WITHOUT LIMIATATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THIS SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT WE HAVE NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THE CONTENTS OR APPPROPRIATENESS OF CONTENTS ON SUCH SITES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES. WHEN YOU ACTIVATE ANY OF THESE LINKS YOU LEAVE THIS SITE AND ACCESS TO SUCH SITES AT YOUR OWN RISK FOR WHICH WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY. EXCLUSION / LIMITATION OF LIABILITY Under no circumstances, including, but not limited to, negligence, shall we be liable for any particular or consequential damages that result from the use of, or the inability to use, the services provided or the materials contained in this site or any other sites, even if we or our authorized representative has been advised of the possibility of such damages. Without prejudice to anything contained herein, in no event shall our total liability to you for all damages, losses and/or causes of action (whether in contract or tort or otherwise) exceed the amount (if any) paid by you to us for accessing this site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. DEALINGS WITH ADVERTISERS AND ONLINE STORE AND SERVICE PROVIDERS AND AFFILIATES OF THIS SITE Your correspondence or business or other dealings with, or participation in promotions of, advertisers or online stores or service providers or affiliates of this site found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or the merchants concerned. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or online stores or service providers or affiliates on this site. COMPANY PROMOTIONS From time to time, we shall run online and offline promotions and events on this site. You agree to abide by the terms and conditions of such promotions and events as the case may be and we reserve our rights to modify at any time without notice to you the specific terms and conditions relating to such promotions and events. If such promotions or events involve the earning of free gifts, promotional items or other things of value, our determination of the free gifts, promotional items or other things of value you have earned (as recorded by us) shall be final and conclusive. In the event of a dispute, our decision shall be final. You agree and accept that any products or services for such promotions and events shall only be provided subject to availability and if any of such services require the consent of a third party, you agree and accept that such service shall only be available if that third party consents. We accept no liability for the quality, availability or otherwise of such goods and services. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to merchantability, fitness for a particular purpose, any implied warranties arising from course of performance or course of conduct in relation to all or any of such free gifts, promotional items or other things of value. We accept no responsibility and in no event shall we be liable for any damages whatsoever, including, without limitation, costs of procurement of substitute goods or services, lost profits, lost data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the use, inability to use, performance or non-performance of the information, products, free gifts, promotional items or other things of value that is offered, introduced or mentioned in this site. JURISDICTIONAL ISSUES Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting programs and other products or services available in the Hong Kong SAR. This site is controlled and operated by us from our offices within the Hong Kong SAR of the People's Republic of China. We make no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. TERMINATION This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this agreement or any terms or provision of our online or offline promotions or events. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise. MISCELLANEOUS This agreement shall be governed by and construed in accordance with the laws of the Hong Kong SAR, 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 these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement made between us relating to the subject matter herein. PERSONAL INFORMATION COLLECTION STATEMENT The information collected from you ("your Information") will be used for the purposes of account maintenance, statistical analysis and marketing activities of our company, our parent and subsidiaries and associated companies and of providing our members with better parenting information and of verification for our online and offline promotions and events. We also provide membership information to outside parties on an aggregrate basis only, and we pledge to adhere to our Privacy Policy Statement for personal identifiable information. You agree that we may release your Information to anyone when such release is reasonably necessary to (i) comply with applicable law, (ii) enforce or apply the terms of any of the agreements between us, (iii) protect our rights, property or interest or those of the users of this site or (iv) in compliance with our Privacy Policy Statement. You are aware of your rights under the Personal Data (Privacy) Ordinance, Chapter 486, Laws of the Hong Kong SAR, to have access to your Information held by us, to request correction of your Information, to be informed of action taken in response to any such request and/or request that there be attached to your Information a statement which you can supply to us relating to the fact that you have requested a correction. If you wish to access or correct your Information held by us, please e-mail info@windy-city.com.hk. MINOR To comply with the Children's Online Privacy Protection Act of the United States, we require that each minor registrant and member (i.e. those under the age of 13) obtains consent from his/her parent or legal guardian to utilize the email, discussion forum and chat room services provided by our site. In the registration process, the consent form is to be printed and signed and returned to us as outlined on such form. For minor registrants and members outside the United States, we request that you also obtain parental consent to utilize our email, discussion forum, and chat room services. However, we are not obliged to verify your age during the membership registration process, but in the event it is discovered that you have provided inaccurate information, we reserve our rights as may be available against you, or your parents or guardians, including the right to cancel your registration. TERMS AND CONDITIONS FOR PROMOTIONAL DRAWS By participating in our promotional draws, you agree to be bound by the following terms and conditions in addition and without prejudice to the Terms of Service and Conditions of Use of this site. 1. The promotional draws are only open to registered members of Windy City Group. Those who registered for membership more than once will be disqualified. 2. To claim the prize, the winner must submit identification documents acceptable to Windy City Group for purpose of verification. 3. Windy City Group reserves the right, at its dole and absolute discretion and at any time: (a) to change these terms and conditions; (b) to withdraw and discontinue the draws or the award of prizes; (c) to substitute prizes of equivalent or similar values. 4. All winners of the prizes must participate in Windy City Group's promotional activities when requested, and agree to the use and posting by Windy City Group of their pictures and other information for marketing, advertising or other promotional purposes. 5. Members under the age of 14 can have their parents or legal guardians claim prizes on their behalf. 6. All employees and business partners of Windy City Group and their relatives are not eligible to participate in our promotional activities. 7. Windy City Group gift certificate prizes. Registered Windy City Group members who enter our lucky draw in our site have chance to receive a HK$50 gift certificate from participating Windy City Group. TRADEMARKS All trade marks, service marks and trade names that appear throughout the materials in this site belong to us, our affiliates or the respective owners of such marks and names, and are protected by the Hong Kong SAR and international copyright, trademark and intellectual property laws. Any unlawful use of any of such marks and names without the express written consent of us or the owners thereof, as appropriate, is strictly prohibited. INTERLLECTUAL PROPERTY INFRINGEMENT CLAIMS We will respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously remove or disable access to any material claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers. Notice of claimed infringement should be directed to: Windy City International Limited Email: info@windy-city.com.hk Telephone: (852) 2577-2053 Facsimile: (852) 2576-9549 |
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METropolitan Cafe is a proud member of the Windy City Group. |
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© 2006 Windy City International Limited. All rights reserved. |
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