(1) Where you are required to register with us, you may cancel such registration at any time by notifying us.
(2) We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
(3) The provisions of these terms and conditions entitled "Use of the Site is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.
We will give you any necessary notices by posting them on the Site. You agree:
(1 ) to check the Site for notices; and
(2) that you will be considered to have received a notice when it is made available to you by posting on the Site.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Hong Kong Court for the judicial district in which your physical address is located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Covered Sites of any user who repeatedly infringes the proprietary rights of any third party.
17. General Provisions
(1) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(2) This agreement will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
(3) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.
(4) The section titles in this Agreement are for convenience only and have no legal or contractual effect. The words including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Press Mark Media Ltd. is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Press Mark Media’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
(5) The English version of these terms and conditions shall prevail over any Chinese version (if any) which is provided for information purposes only.
18. Trademark Information.
Copyright © 2013, Press Mark Media Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Covered Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(1) any law, rule or regulation of any country (or political sub-division of a country);
(2) any obligation under any license in any country (or political sub-division of a country); and
(3) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
(4) "Content" includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
(5) "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
(6) "We" or "Us" means Press Mark Media Ltd.