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WEB SITE TERMS AND CONDITIONS
These Terms and Conditions (hereinafter "T&C") were created by GENIUS RAINBOW LIMITED , the company duly incorporated under the laws of Hong Kong, having its registered address at Suite 504, 5/F, Nathan Centre, 580G-580K, Nathan Road, Kowloon, Hong Kong (hereinafter referred as "the Company") and govern the Visitor’s use of http://addays.com/ (hereinafter referred as "the Site"). By using this Site, the Visitor accept these T&C in full. If the Visitor disagree with these T&C or any part of it, the Visitor must not use this Site.
The Visitor must be at least 18 years of age to use this Site. By using this Site and by agreeing to these T&C you warrant and represent that you are at least 18 years of age.
2. License to use Site
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.
The Visitor may view, download for caching purposes only, and print pages or other content from the Site only for its own personal use, subject to the restrictions set out below and elsewhere in these T&C.
The Visitor must not:
3. Acceptable use
The Visitor must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The Visitor must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
The Visitor must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without the Company’s express written consent.
The Visitor must not use this Site for any purposes related to marketing.
4. Intellectual property
All intellectual property rights (including any patent, copyright (including such rights that subsist in computer software and databases), database rights, registered and unregistered designs, design rights, registered and unregistered trademarks, trade names, logos, service marks, domain names, moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), know-how or other intellectual property right subsisting anywhere in the world and any applications to protect any of the above) and goodwill in and relating to this Site (including all components developed and produced for the Website now and in the future including up-dates, format, look and feel and content) (hereinafter "the Intellectual Property Rights") are owned by the Company or licensed to the Company by its third party suppliers or contractual partners.
The content and information displayed on this Site is for Visitor’s personal non-commercial use only and any use without the Company's prior written permission is prohibited. The content and information shall not be copied, reproduced or included in any other work or publication in any medium; modified or altered in any way (and no derivative work shall be produced from it); or distributed or sold to any third party; and you may not remove any copyright or proprietary notices displayed on the Site.
5. Privacy and Cookies
Personal data of the Visitor may be collected through the Site for the following purposes and using the following services:
Google Analytics (Google Inc.) - Cookies and Usage Data are collected;
AdRoll - Cookies and Usage Data are collected.
6. Third Party Sites and Contributors
To the fullest extent permitted by law, the Company shall not be liable for any loss, claim, damage, or any punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings or loss or corruption of data) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with:
The Company shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property when using or browsing this Site or when downloading any data, text, applications, images, video or audio from the Site.
The Company hereby makes warranties in relation to the Site or the information and materials provided on this website. All information on the Site is complete, true, accurate or non-misleading.
The Company does not warrant that the Site will be constantly available or operate without any interruptions.
Nothing on the Site constitutes, or is meant to constitute, advice of any kind.
Nothing in this site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
The Visitor hereby agree to indemnify and undertake to keep the Company harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees incurred, arising out of or in connection with Visitor’s use of the Site (other than in accordance with its terms) or from any violation of these T&C.
10. Unenforceable provisions
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.
11. Breaches of these T&C
Without prejudice to the Company’s other rights under these T&C, if the Visitor breach these T&C in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending the Visitor’s access to the Site, prohibiting the Visitor from accessing the Site, blocking computers using the Visitor’s IP address from accessing the Site, contacting the Visitor’s internet service provider to request that they block the Visitor’s access to the Site and/or bringing court proceedings against the Visitor.
The Company may revise these T&C from time-to-time. Revised T&C will apply to the use of the Site from the date of the publication of the revised T&C on this Site. The Visitor shall check this page regularly to ensure that he is familiar with the current version.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these T&C without notifying the Visitor or obtaining the Visitor’s consent.
The Visitor may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these T&C.
If a provision of these T&C is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Entire agreement
16. Law and jurisdiction
These T&C will be governed by and construed in accordance with English law, and any disputes relating to these T&C will be subject to the exclusive jurisdiction of arbitration under the Rules of London Court of International Arbitration (hereinafter – the “LCIA Rules”) then in effect, which LCIA Rules are deemed to be incorporated by reference into this Clause. The number of arbitrators shall be 1, chosen in accordance with the LCIA Rules. The seat of arbitration shall be London. The arbitration proceedings shall be conducted in the English language and the award shall be in English. Pursuant to and in accordance with Article 28.4 of the LCIA Rules, the Parties hereto agree that, as a general principle, the losing Party of any arbitration shall pay all costs and expenses of the arbitration including all reasonable costs, fees and expenses of the other Party and the other Party's counsel.
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