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Terms of Use

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THE HONG KONG ARTS FESTIVAL SOCIETY (“the Society”) websites at www.hk.artsfestival.org, dudamel.artsfestival.org (“the Websites”) or any of its webpages. Your use of the Websites will constitute your full acceptance of these terms of use so do not visit or use the Websites if you do not agree to be bound by these terms. We may update and amend these terms from time to time, so please check these terms regularly. Your continued visit or use of the Websites indicates your acceptance of any changes to these terms.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE WEBSITES ABOUT THE SOCIETY, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE WEBSITES CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE SOCIETY.

THE WEBSITES CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE SOCIETY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THE WEBSITES ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE WEBSITES WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES Of MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ALL OF WHICH ARE EXCLUDED.

COPYRIGHT AND TRADEMARK

The contents of the Websites, including text, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of the Websites (including the collection, arrangement and compilation of such materials) (“Materials”) are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of the Society or websites contents provider of the Society or its clients. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without prior written permission from Society, you shall not, for any purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue, alter or amend the Materials in any way, nor store the Materials in any retrieval system or use the Materials in any other way. You acknowledge that by hyperlinking to, adopting, reproducing or redistributing, copying or printing or downloading of any of the content of the Websites you do not acquire any intellectual property rights in the Materials or any of their contents. For the avoidance of doubt, your permitted access to the Websites and to the Materials does not concern or constitute any commitment of the Society to extend to any contents on other websites linked to or otherwise accessible from the Websites. If you intend to reproduce, distribute or otherwise use any contents on any such linked websites, you shall obtain all necessary authorisation or permission from the other website and copyright owners concerned.

All rights not expressly granted by the Society are hereby reserved.

PERSONAL USE

Your use of the Materials is for informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the Materials or other contents of the Websites in any way. You agree to indemnify, defend and hold harmless the Society for any and all unauthorized uses you may make of any Materials or other content on the Websites. You acknowledge the unauthorized use of the contents could cause irreparable harm to the Society and that in the event of an unauthorized use, the Society shall be entitled to a equitable relief by way of injunction in addition to any other remedies available at law or in equity.

FEEDBACK AND SUBMISSIONS

You agree that you are and shall remain solely responsible for the contents of any interactive submissions you make to the Websites, and you will not submit material that is unlawful, defamatory, abusive or obscene nor will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

LINKS

Some links on the Websites will allow you to connect with sites that are not under our control. The Society is providing these links only as a convenience. The appearance of a link does not imply or incur any responsiblility of the Society for the contents of any linked site. You access them at your own risk.

PRIVACY & SECURITY

For an explanation of the Society practices and policies related to the collection, use and storage of our online guests’ information, please read our Privacy Policy which is available on the Websites.

ACCOUNT

You are not obliged to register to use the Websites. However, access to certain services is only available to registered users. When you register to use the Websites, you will provide the Society with accurate and complete information for your account.

If you open an account, you are responsible for maintaining the confidentiality and security of your account, and you will remain responsible for all use of your account, and all activities emanating from your account, whether or not such activities were authorized by you. If you believe that your account has been accessed by unauthorized third parties, you are advised to notify the Society in writing immediately.

The Society reserves the right to disallow, cancel or remove certain users and permalinks in appropriate circumstances, as determined at its discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You are advised to save or back up any material or activity that you have created with your account, as the Society assumes no liability for any material that is residing in your account, or pertaining to activity from your account.

DISCLAIMER

The Society does not guarantee that the functions contained in the Websites will be uninterrupted or error-free, that the Websites or its server will be free of viruses or other harmful components, or that defects will be corrected even if the Society is aware of them. To the fullest extent allowed by applicable law, the Society will not be liable for any direct, indirect or consequential loss arising from the use of the content contained in the Websites or from your access to any other material on the Internet via web links from these sites. The Society does not seek to limit liability in respect of fraudulent misrepresentation nor in respect of death or personal injury directly caused by its negligence.

MINORS

Parents or guardians are fully responsible to supervise their children while online.

COMPENSATION

In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user’s infringement of these Terms of Use or illegal behaviour, the user agrees to compensate the Society and its affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and hold them harmless from any and all loss and cost.

JURISDICTIONAL

Any dispute arising from these terms shall be resolved exclusively in the courts of the Hong Kong Special Administrative Region of the People’s Republic of China. The Society makes no representation that the Materials or other content in the Websites are appropriate or available for use in other locations. If you access the Websites from outside the Hong Kong, be advised that the Websites may contain references to products and services that are not available or are prohibited in your country.

If there is any conflict between the Chinese and English versions of this Statement, the English version prevails.

Last Updated: 8 August 2017