LIASAIL Terms of Use
1. Introduction
Welcome to the liasail.com website. The liasail.com website and its subdomains ("the Site") are owned and operated by LIASAIL GLOBAL HONGKONG LIMITED ("LIASAIL," "we," or "us"). Please read these terms carefully. By accessing or viewing the Site or engaging in or using any services provided on the Site (collectively, the "Services"), you agree to these Terms of Use ("Terms of Use" or "Terms"). These Terms constitute a contract between you and LIASAIL. LIASAIL may decide to modify, add, or delete portions of these Terms from time to time and will post such changes here. If LIASAIL does so, your continued use of the Site or Services after any such changes become effective constitutes your agreement to such changes. Revised Terms will automatically be effective when posted on the Site.
2. Privacy Policy
Please review our Privacy Policy, which explains our practices regarding the collection and use of your information through or in connection with the Site or Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. You understand that by using the Site or Services, you consent to the collection and use of this information.
3. Proprietary Rights
You acknowledge that the Site contains content protected by copyright, trademark, service mark, trade dress, patent, moral rights, or other proprietary rights ("Content"), and that these rights are valid and protected in all forms, media, and technologies existing now or later developed. You also acknowledge that, unless otherwise stated in these Terms or elsewhere on the Site, LIASAIL or its licensors own all Content on the Site, including but not limited to all video, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, "look and feel," and arrangement of such Content. Your use of the Site shall not grant you any claim of ownership over any Content, and you agree to abide by all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content (in whole or in part). You may print copies of the Content provided that such copies are for personal, non-commercial use only and that you retain any notices contained in or maintained by licensors or authors of the Content, such as all copyright notices, trademark legends, attributions, bylines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Site. Use of the Content on any other website, including via linking or framing, or in any networked computer environment for any purpose is prohibited without LIASAIL's prior written approval. To request permission to use Site Content or marketing materials created and distributed by LIASAIL, you must apply in writing in advance and provide full attribution. Requests for licensing should be directed to marketing@liasail.com.
4. Digital Content
LIASAIL may make digital content available to you on the Site ("Digital Content"). Your use of Digital Content on the Site is subject to the following conditions:
Your use of the Digital Content is limited to personal, non-commercial purposes;
You may not transfer, sell, rent, lease, display, perform, distribute, broadcast, sublicense, assign, or otherwise provide any rights in the Digital Content or any part thereof to any third party;
You may not remove any proprietary notices or labels on or in the Digital Content;
You may not bypass, modify, defeat, or circumvent any digital rights management used to deliver or protect the Digital Content; and
You may not use any Digital Content in any unlawful or infringing manner.
5. Digital Rights Management ("DRM")
You acknowledge that we may establish general practices and limits concerning the use of the Site and Services, including but not limited to providing DRM by adopting appropriate measures and procedures for receiving, processing, managing, storing, and distributing Digital Content. You acknowledge that we may use a secure encryption system to deliver Digital Content to our customers. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
6. Account Use; Risk of Loss
LIASAIL reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content at its sole discretion. If you use a LIASAIL account, you agree, represent, and warrant that you will provide us with true, current, complete, and accurate information as related to your use of the Site. You also state that your use of your account is for lawful purposes – you may not use your account or the Site or Services to effectuate or facilitate fraudulent activities or carry out any acts that will give rise to civil and criminal liability. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your registration, account, and/or password. You also agree to notify us immediately of any unauthorized access or use of your account.
You may not upload materials to the Site that you know or should know infringe upon another's intellectual property rights, and you may not upload materials that create an unnecessary load affecting the performance of the Site or LIASAIL systems and equipment. You may not use the Site or Services in any manner that could prevent access to, damage, disable, or otherwise impair LIASAIL or any of our servers. You may not attempt to gain unauthorized access to the Site or any other user's account, computer systems, or networks through password mining, keylogging, hacking, or any other means. You may not upload files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. All uploaded materials are subject to applicable federal, state, and international laws.
Products and services sold by LIASAIL must be purchased via credit card or other allowed payment methods. By using a credit card or other allowed payment method, you state that you are the owner or authorized user of the account.
7. Security
Violations of the security of the Site or Services are prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, but are not limited to, unauthorized access to or use of data or systems, including any attempt to probe, scan, or test the vulnerability of the Site or Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network, including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header (except for authorized use of aliases or anonymous remailers), and using manual or electronic means to avoid any use limits.
8. Submissions
Unless specifically requested, LIASAIL does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email addresses posted on the Site). Therefore, if you send LIASAIL any information or creative works, including but not limited to creative submissions, suggestions, business plans, concepts, or demonstrations, via any medium (including photos, graphics, audiovisual media, or other materials) ("Submissions"), you grant LIASAIL a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works, create collective works, and distribute, perform, display, license, and sublicense (through multiple tiers) the Submissions, via any media now known or hereafter devised, including for commercial purposes. In addition to the rights applicable to any Submission, when you post comments or reviews on the Site, you also grant us the right to use the name that you submit in connection with any such comment, review, or other content you submit. If you submit any Submissions to LIASAIL, you also warrant that such Submission is not confidential or secret, and that the Submission is fully owned by you. If you submit any Submissions to LIASAIL, you warrant that you have all necessary rights (including privacy and publicity rights) to authorize LIASAIL to use the Submissions as set forth in this section. You may not use a false email address, impersonate any person, or otherwise mislead us or any third party as to the origin of any Submissions (including comments or reviews). We may, but have no obligation to, remove or edit any Submissions (including comments or reviews) for any reason.
9. Third-Party Websites
The Site may contain links to third-party websites that will take you outside the liasail.com Site and Services ("Linked Sites"). We do not control, endorse, sponsor, recommend, or are otherwise responsible for the content of such Linked Sites, and we make no express or implied warranties or representations regarding the content (or the accuracy, currency, or completeness thereof) on any Linked Site. When you click on a link to another website, that site will be governed by different terms of use and a different privacy policy. You should ensure that you read and agree to those policies.
10. Indemnification
You agree to defend, indemnify, and hold LIASAIL GLOBAL HONGKONG LIMITED and its officers, directors, employees, affiliates, and agents harmless from and against any claims, losses, damages, fines, penalties, or other liabilities arising out of or related to: (i) your use and access of the Site or Services; (ii) your violation of any of these Terms; and (iii) your infringement of any third-party rights, including any copyright, trademark, trade secret, or privacy rights related to your User Content (if applicable) or use of the Site.
11. Disclaimer
LIASAIL makes no representations about the completeness, accuracy, or timeliness of any information on the Site. The content and information on the Site are provided "as is" without any express or implied warranties, including but not limited to any warranties regarding products, information, or services provided through or in connection with the Site, and any implied warranties of merchantability, fitness for a particular purpose, privacy expectations, or non-infringement. LIASAIL does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
12. Limitation of Liability
To the fullest extent permitted by law: In no event shall LIASAIL (or its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of revenue, profits, or data or business interruption) arising out of or related to these Terms of Use, the Site, Services, or Content, whether based on warranty, contract, tort, or any other legal theory, even if LIASAIL has been advised of the possibility of such damages. In no event shall LIASAIL's cumulative liability (or the cumulative liability of its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) arising out of or related to these Terms of Use, the Site, or Services (whether in contract, tort, negligence, warranty, or otherwise) exceed the greater of one hundred US dollars ($100) or the amount you paid us for the Service giving rise to the claim during the 12 months preceding the liability. The limitations in this Section 12 apply only to the maximum extent permitted by applicable law.
13. Release
If you have a dispute with one or more users of the Site or Services, you release LIASAIL (and its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14. Infringement Claims
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work you claim has been infringed. If multiple works are covered by this Notice, you may provide a representative list of the copyrighted works you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Site.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed, or have a good faith belief that the use is infringing."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to LIASAIL's designated Copyright Agent: Copyright Agent LIASAIL GLOBAL HONGKONG LIMITED RM 602, 6/F, KAI YUE COMM BUILDING, NO.2C, ARGYLE STREET, MONGKOK KOWLOON, HONG KONG Although LIASAIL takes all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. Therefore, if you are not sure whether material infringes your copyright (including whether use of copyrighted material constitutes fair use), you may wish to seek legal advice.
15. Termination
LIASAIL reserves the right to limit, suspend, or terminate these Terms of Use and your access to all or any part of the Site or Content or Services at its sole discretion, without notice or liability. You may terminate these Terms of Use by ceasing to use the Services and accessing the Site. LIASAIL also reserves the right to stop providing the Services and the Site at its discretion at any time.
16. Severability
If any provision of these Terms is found to be wholly or partially invalid, void, or unenforceable in any jurisdiction, for any reason, the remainder of that provision and the entire agreement shall be severable and remain in full force and effect.
17. General Terms
These Terms of Use shall be governed by the laws of Hong Kong, without reference to its conflict of law rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the courts of Hong Kong. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties under this agreement, and any such attempt is void and of no effect. LIASAIL may assign its rights under this agreement and delegate its duties in their entirety in connection with a merger, reorganization, or sale of all or substantially all of its assets related to these Terms of Use. Nothing in this agreement constitutes a partnership or joint venture between you and LIASAIL. LIASAIL does not guarantee continuous, uninterrupted, or secure access to the Site or Services, and the operation of the Site may be interfered with by numerous factors beyond its control. LIASAIL's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and LIASAIL with respect to its subject matter. Section 3 (Proprietary Rights); Section 8 (Submissions); Section 10 (Indemnification); Section 11 (Disclaimer); Section 12 (Limitation of Liability); Section 13 (Release); Section 16 (Severability); and Section 17 (General Terms) shall survive any termination or expiration of this agreement. Additionally, any provision which by its nature is intended to survive termination of these Terms shall also survive.
18. Contact Us
If you have questions about these Terms or the Services, you may contact LIASAIL at marketing@liasail.com.
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