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服務條款 OWS Terms and Conditions regarding Services

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE USE OF AND ITS RELATED SERVICES. By using and its related services, you hereby accept and agree the terms set out in this terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time.

1. Acceptance of Terms

1.1. Thank you for using and its related services (collectively, “OWS Services”), services provided by Online Web Services, its subsidiaries, or affiliated companies (collectively, “OWS”). By using the OWS Services, you accept and agree the terms and conditions sets out below (the “T&C”) to govern your use of the OWS Services.

1.2. This T&C may be updated from time to time without notice. You are responsible to check the most current version of the T&C at

2. Use of Services

2.1. In consideration of your use of the OWS Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Hong Kong Special Administrative Region or other applicable jurisdiction.

2.2. In order to access the OWS Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the OWS Services. You are responsible for maintaining the confidentiality of your OWS account password (if any), and are responsible for all activities that occur under your account. You agree to immediately notify OWS of any unauthorized use of your password or account or any other breach of security. OWS cannot and will not be liable for any direct, indirect, or consequential loss or damage arising from your failure thereof.

2.3. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are responsible for your own conduct, Content, and what you are exposed to while using the OWS Services and that you use the OWS Services at your own risk.

2.4. You may use the OWS Services only for legal and proper purposes and in accordance with this T&C and any applicable policies and guidelines.

2.5. You agree when using the OWS Services that you will not:

2.5.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
2.5.2. upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content; or
2.5.3. upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content; or
2.5.4. upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, this T&C or any applicable policies or guidelines; or
2.5.5. download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner; or
2.5.6. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; or
2.5.7. restrict or inhibit any other user from using and enjoying the OWS Services; or
2.5.8. use the OWS Services for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on the OWS Services; or
2.5.9. interfere with or disrupt the OWS Services or OWS’s servers or networks connected to the OWS Services; or
2.5.10. disobey any requirements, procedures, policies or regulations of networks connected to the OWS Services; or
2.5.11. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of OWS Services or collect information about users for any unauthorized purpose; or
2.5.12. submit Content that falsely expresses or implies that such Content is sponsored or endorsed by OWS; or
2.5.13. create user accounts by automated means or under false or fraudulent representations; or
2.5.14. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
2.5.15. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

2.6. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the Hong Kong Special Administrative Region or your country of residence.

2.7. By using the OWS Services, you acknowledge and agree that OWS may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

2.7.1. satisfy any applicable law, regulation, legal process or governmental request; or
2.7.2. enforce this T&C, including investigation of potential violations; or
2.7.3. detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); or
2.7.4. respond to user support requests, or
2.7.5. protect the rights, property or safety of OWS, its users and the public.

3. OWS’s Rights and Liabilities

3.1. OWS reserves the right to refuse service to anyone at any time without notice for any reason.

3.2. While OWS prohibits such conduct and Content in connection with the OWS Services, you understand and agree that OWS may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to the OWS Services.

3.3. OWS will not be responsible or liable for the exercise or non- exercise of its rights under the T&C.

3.4. OWS has the right when processing and transmission of the OWS Services, including your Content, to:

3.4.1. transmit over various networks; and
3.4.2. change to conform and adapt to technical requirements of connecting networks or devices.

3.5. OWS reserves the right to syndicate Content submitted, posted or displayed by you on or through the OWS Services and use that Content in connection with any of the OWS Services.

3.6. OWS has the right to access, index, cache or crawl the URL(s) (or equivalent), the Content itself, or any portion (without regard to any robots.txt file which does not authorize crawling) in connection with OWS’s authorized use of the Content.

3.7. OWS has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the OWS Services.


3.8. OWS retains the right, at OWS’s sole discretion, to create limits of any Content upload or storage at any time with or without notice.

3.9. OWS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OWS Services (or any part) with or without notice.

4. Intellectual Property and Proprietary Rights

4.1. You acknowledge and agree that the OWS Services and any necessary software used in connection with the OWS Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the OWS Services or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OWS or OWS’s advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the OWS or the Software, in whole or in part.

4.2. OWS claims no ownership or control over any Content submitted, posted or displayed by you on or through the OWS Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the OWS Services. You are responsible for protecting those rights, as appropriate.

4.3. By submitting, posting or displaying Content on or through the OWS Services which are intended to be available to the general public, you grant OWS a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on the OWS Services solely for the purpose of displaying, distributing and promoting the OWS Services. This license terminates 12 months from the date that such Content is deleted from the OWS Services to which you originally submitted.

4.4. By submitting Content to the OWS Services, you authorize OWS to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with OWS's authorized distribution of the Content.


4.5. You are not allowed to use the OWS’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) unless a prior written consent has been given by OWS. If you are interested in using any of the Brand Features, please contact our Intellectual Property Department for more information.

5. Termination

5.1. You may cancel your use of the OWS Service and/or terminate this T&C with or without cause at any time by providing notice to OWS at the Contact Us Page provided that:

5.1.1. a terminated account may continue to exist for up to 10 business days before such cancellation takes effect; and
5.1.2. for any paid services, termination will depend on the specific terms of those services; or

5.1.3. by leaving this web site

5.2. OWS may at any time and for any reason, including but not limited to, a period of account inactivity, terminate your access to the OWS Services, terminate this T&C, or suspend or terminate your account.

5.3. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

5.4. Except as otherwise provided in this T&C or unless OWS has previously canceled or terminated your use of the OWS Services (in which case subsequent notice by OWS shall not be required), if you have provided an alternate email address, OWS will notify you via email of any such termination or cancellation, which shall be effective immediately upon OWS's delivery of such notice.

5.5. Paragraph 6 to 10 of this T&C (including the paragraphs regarding limitation of liability and rights of OWS), shall survive expiration or termination.

6. Indemnity

You agree to indemnify and to hold OWS and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, not liable to any third party claim or demand arising from or in any way related to your use of the OWS Services, violation of this T&C or any other actions connected with use of the OWS Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, OWS will provide you with written notice of such claim, suit or action.

7. Disclaimer of Warranties

7.1. OWS shall not be responsible or liable:

7.1.1. for any actions taken, either wholly or in part, based on the information provided on the OWS Services; or

7.1.2. for any loss, damage, expense or injury resulting from any transactions conducted with other users, any online merchant or other third party through any of the OWS Services; or

7.1.3. to honor (or to cause any merchant to honor) of the OWS Services that relates to products, shopping, or auction, any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available through any of the OWS Services; or

7.1.4. for any loss, damage, expense, or injury that you may suffer by: using any of the OWS Services; or reliance on information provided through any of the OWS Services; or using any third party products and services;
whether or not they are accessible through any of the OWS Services.

7.2. The information, services, products, and materials contained or available through any of the OWS Services, including but not limited to, text, graphics, and links, are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, OWS disclaims all representations and warranties of any kind, whether express or implied, including but not limited to:

7.2.1. quality, merchantability quality, and fitness for any particular purpose;
7.2.2. title, non-infringement, freedom from computer viruses, worms, and other operating problems;
7.2.3. course of dealing or course of performance;
7.2.4. any of the OWS Services will meet any user’s requirements, fulfillment of any purposes or needs; and
7.2.5. that the OWS Services will be uninterrupted, timely, secure; complete, current or error free.

7.3. Any material downloaded or otherwise obtained through the OWS Services is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

7.4. No advice or information, whether oral or written, obtained by you from OWS or through or from the OWS Services shall create any warranty not expressly stated in the T&C.

8. Limitation of Liability

OWS shall not be liable to you and/or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, even if OWS has been advise of the possibility of such damages, resulting from:

8.1. The use or the inability to use the OWS Services; or
8.2. Any modification, suspension, or discontinuance of the OWS Services; or
8.3. The cost of procurement of substitute goods and services resulting from any good, data, information or services purchased or obtained or messages received or transaction entered into, through, or from the OWS Services; or
8.4. Unauthorized access to or alteration of your transmission or data; or
8.5. Statements or conduct of any third party on the OWS Services; or
8.6. Any other mater relating to the OWS Services.

9. Notice

9.1. OWS may provide you with notices, including but not limited to, notice regarding changes to the T&C, by e-mail, regular mail, or posting on the OWS Services.

9.2. Any notice or any other communication in connection with the OWS Services shall be in writing in either Chinese or English.

9.3. A notice or any other communication to you shall be effective upon receipt and shall be deemed to have been received at the time of posting if delivered by regular mail, at the time of transmission if delivered by e-mail, or at the time of posting if posted on the OWS Services.

10. Other Provisions

10.1. Assignment

10.1.1. This T&C is personal to you. Accordingly you shall not, without prior written consent of OWS, assign, delegate, sub-contract, mortgage, charge, or otherwise transfer any or all of the benefit and/or obligations in or arising out of this T&C to any third parties.

10.1.2. Except as otherwise expressly provided in this T&C, there are no third party beneficiaries to this T&C.

10.2. Place of Formation

Any order, sales, contract, or any other types of agreement, made between you and OWS, shall be deemed to be made and concluded in Hong Kong Special Administrative Region.

10.3. Governing Law

This T&C shall be governed by and construed in accordance to the laws of Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction to the courts of the Hong Kong Special Administrative Region.

10.4. Invalidity

If any provision in this T&C shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall, to the extend required, be severed from this T&C and rendered ineffective as far as possible without modifying the remaining provisions of this T&C and shall not in any way affect any other circumstances of or the validity or enforcement of this T&C.

10.5. Whole Agreement

This T&C contains the whole agreement between you and OWS relating to the subject matter of this T&C to the exclusion of any terms implied by law, which may be excluded by contract and supersedes any previous written or oral agreement.

10.6. Language

The English version of the T&C prevails over other language versions.

10.7. Headings

Headings shall be ignored in interpreting this T&C.