Last Updated: April, 2020
3.1 The Site contents, features and functionality (including but not limited to all product listings, registered and unregistered trademarks, blog post (whether by us or by any third parties), information, displays, images and the design, selection and arrangement, thereof, – collectively the “Intellectual Property”) are the exclusive properties of HOKK fabrica and/or its content suppliers. The Intellectual Property is protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property under any circumstances without the prior written consent of HOKK fabrica.
3.2 Without prejudice to Clause 3(1) above, you may not distribute or exploit the Site or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using “framing” or similar technology or otherwise). Any use of the on-line communication features of this Site may only be used for lawful purposes only and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); HOKK fabrica reserves the right, but without the obligation or liability, to prohibit or remove any such material at our sole discretion and without prior notice.
Editors typically include images as part of their blog posts and the images that they are authorised to use is the following:
- Images that are commissioned by HOKK fabrica.
- Images that are licensed from vendor.
- Images that are supplied to our editors or released into the public domain by public relations and marketing companies for
- press or other purposes.
- Images that are supplied by the Site’s users, with the implied representation that the users supplying such image(s) owns the
- copyright to the image(s) and has authorized us to use it on the Site.
- Images that are obtained on PhotoBucket, Flickr, Picasa and other photo sharing websites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case.
Images that, to our best knowledge and belief, are covered by the Fair Use Doctrine:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source.
- Images that are used to illustrate a newsworthy story, where the image itself tells a story.
- Images used in a transformative manner, such as parody.
- Images that are widely distributed that they have become part of the news.
5. Accessing the Site and Account Security
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.
We reserve the right to withdraw or amend this Site, and any product listing, service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
6. Your Use of the Site
- You agree not to use the Site for any illegal purpose. You must not copy, modify, create derivative works of, publicly display,
- publicly perform, republish, download, store or transmit any of the material on our site, except to:
- Print a reasonable number of pages of the Site for a permitted use.
- Store copies of such materials temporarily in RAM.
- Store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Transmit, or procure the sending of, any advertising or promotional material, unsolicited mass communication without our prior written consent.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Use any device, software or routine that interferes with the proper working of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Introduce any software viruses, trojan horses, worms, logic bombs or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other electronic equipment, steal or collect private information.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
With regards to conduct on our blog comments section, you must not:
- Post anything that violates any applicable law, foreign or domestic.
- Post abusive, obscene, threatening, harassing, defamatory, libelous, offensive, sexually explicit or otherwise objectionable material. We have the sole right to determine what is objectionable.
- Post any content that promotes illegal or fraudulent activities/services and misleads users to visit legally doubtful websites..
- Infringe on the intellectual property rights of anyone
- Post any content that you do not have a right to make publicly available or promotes the illegal use of any work without rights or license.
- Post content that contains software viruses, trojan horses worms, logic bombs or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other electronic equipment, steal or collect private information.
- Engage in unsolicited marketing activities, whether commercial or non-commercial on our blog comments section
- Advertise on our website without our authorization.
- Impersonate another person or organization.
- Post any material that collects or contains personal information of other users for any unlawful purpose or without the respective users’ permissions.
- Do anything that infringes on the rights of us or a third party
If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “Moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and (iii) you grant us the right to publish your name, Facebook ID or Instagram ID in connection with the posting or use of the Submission, such as in promotions or other publications, whether online or otherwise, including but not limited to the website and its affiliates, Facebook, Google+, Instagram, Pinterest, Tumblr, Twitter, Vimeo and YouTube, Wexin, Tengxun QQ, Youku. In no event are we obligated to use, reproduce, or publish any Submission.
With regards to all comments on our blog posts, all contents of the posting only represent the personal opinion of the relevant individual who made the relevant posting, and do not in any way represent the stance or position of HOKK fabrica.
Please note that the above lists under section 6. “Your Use of the Site” are non-exhaustive and we reserve the right to take appropriate action against anyone in our sole discretion. We may delete any content without prior notice to the relevant individuals. We may also discontinue our services to you and terminate your account.
7. Monitoring, Termination
Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Block violator’s IP address and/or notify his or her Internet Service Provider
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
HOKK fabrica also sells Internet advertising space and related services. Various Internet advertisements may be displayed within the Site: http://http://www.hokkfabrica.com.
Such advertisements do not in any way represent the stance or position of HOKK fabrica.
Prohibited or illegal usage of the advertising service on HOKK fabrica include:
- Any content that violates any applicable law, foreign or domestic.
- Any content that is abusive, obscene, threatening, harassing, defamatory, libelous, offensive, sexually explicit or otherwise objectionable material. We have the sole right to determine what is objectionable.
- Any information that is false or misleading.
- Any content that promotes illegal or fraudulent activities/services and misleads users to visit legally doubtful websites.
- Any content that infringes on the intellectual property rights of anyone.
- Any content that you do not have a right to make publicly available or promotes the illegal use of any work without rights or license.
- Any content that contains software viruses, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other electronic equipment, steal or collect private information.
- Any material that collects or contains personal information of other users for any unlawful purpose or without the respective users’ permissions.
- Any content that infringes on the rights of us or a third party.
9. Links to Other Sites
Our Site may make available a link to a third party’s website from time to time. These links will let you leave our Site. The linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. HOKK fabrica is not responsible for webcasting or any other form of transmission received from any linked website. HOKKfabrica.com provides the links only as a convenience. We do not endorse any linked website or its contents, so use such websites at your own risk.
This Site(including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the Hong Kong SAR and other countries. All individual articles, content and other elements comprising this Site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Site. By posting content on the Site, a user is giving HOKK fabrica the right to display such content on the Site and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may download material from this Site for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
(b) We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Site. Neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
11. Indemnity and Limitation of Liability
You agree to indemnify and hold harmless HOKK fabirca and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim
HOKK fabrica and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Site (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Site.
TO THE FULLEST EXTENT PERMITTED BY THE LAW OF APPLICABLE JURISDICTION, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS. AS A NEUTRAL VENUE FOR THE SALE OF PRODUCTS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFIT OR INTANGIBLE LOSS RELATED TO YOUR USE OF THE SITE OR USE OF ANY OF THE PRODUCTS PURCHASED AT ITS SITE). PLEASE READ ALL INFORMATION, WARRANTIES OR WARNINGS PROVIDED BY THE MANUFACTURER OWNER OR SELLER OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON OUR SITE. HOKK FABRICA SHALL NOT BE LIABLE FOR THE ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY OF SUCH PRODUCTS OR RELIABILITY OF ANY INFORMATION PROVIDED BY ANY MANUFACTURER OWNER OR SELLER OF SUCH PRODUCTS AND IT IS YOUR RESPONSIBILITY TO EVALUATE SUCH INFORMATION.
14. Severability and Non-Waiver
15. Applicable Law and Jurisdiction
16. Prevailing Language
17. Further Information