Terms and Conditions
Larry's List Terms & Conditions
(Version: July 2013)
The website www.larryslist.com ('the Website') is operated by Larry's List Limited ('the Company' 'we' 'us' and 'our') a Hong Kong company having its registered office at Suite 2006, 20th Floor, 340 Queen's Road Central, Hong Kong. These Terms and Conditions represent a legal agreement between you and the Company and govern your use of the following:
(i) the Website and any related website operated by the Company; and
(ii) any information, data or other materials contained on the Website; and
(iii) any products, services or applications offered by the Company directly and through the Website;
((i) (ii) and (iii) together 'the Services')
If you wish to register as a subscriber to the Website or as a client, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and also our Privacy Policy (which can be found here http://www.larryslist.com/terms) The Company reserves the right to change or modify these Terms and Conditions and our Privacy Policy at any time without prior notice. Your continued use as a subscriber to the Website will signify your acceptance of any such changes. You are advised to review these Terms and Conditions and our Privacy Policy from time to time to ensure that any changes are acceptable to you. The Company will prominently post material changes to the Website prior to implementing those changes. By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms and Conditions. Use of certain features on the Website may be subject to additional terms and conditions, including the payment of additional fees, which we will post on the Website. Such additional terms and conditions will apply and be deemed incorporated into these Terms and Conditions.
USE OF THE WEBSITE/OUR SERVICES
If you register as a subscriber to the Website or as a client, you represent and warrant that all information provided by you in connection with your registration will be accurate, current and complete. As a subscriber to the Website, you are solely responsible for safeguarding the security of your account information, and you must take all necessary precautions to ensure that no one other than yourself uses your account information to access or use the Website. To register as a subscriber you must be 18 years of age or older. The Company retains the right to deny you access to the Website and/or to cancel your subscription immediately without notice at any time if the Company considers that you have violated these Terms and Conditions in any respect.
USER LICENCE
When you register as a subscriber to the Website, the Company grants you a non-exclusive, non-assignable, revocable licence to access and use the Services subject to these Terms and Conditions, valid registration as a subscriber, valid payment and any other requirements specified on registration as a subscriber. By providing the Services to subscribers the Company does not grant any licences to any copyright, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services contained in the user licence. All rights not expressly granted herein under the licence are reserved by the Company.
INTELLECTUAL PROPERTY RIGHTS
The Company owns or has the right to use all software and other technology provided or employed by the Company in the Website and the content, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyright, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. The text, images, layout, database, graphics, pictures, and all other materials on the Website may not be downloaded or otherwise copied without the express written permission of the Company Nothing in these Terms and Conditions shall give you a right to use any of the Company's trade names, trademarks, service marks, logos or domain names. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.
LINKS TO OTHER WEBSITES
The Website may contain links to third party websites, which are provided for convenience only and which do not indicate, expressly or impliedly, any endorsement, approval, recommendation or preference by the Company of those third party websites or the products or services provided on those third party websites. If you access any linked third party websites, you do so entirely at your own risk. Unless stated otherwise on the Website, the Company has no relationship with the owners or operators of those third party websites and the Company has no control over or rights in those third party websites.
USER CONDUCT
In using the Services, you agree that you shall not:
(a) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Use any data or information obtained from the Website for direct marketing or any other marketing communication purposes.
(c) Reproduce, distribute, modify, supplement or split the contents or structure of the information contained on the Website.
(d) Reverse engineer, decompile or disassemble any portion of the Services; or
(e) 'Scrape' information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than the search engine and search agents available on the Website and generally available to third party web browsers (e.g., Firefox, Google Chrome and Microsoft Internet Explorer).
ADDITIONAL RESTRICTIONS
(a) You may not develop or derive for commercial sale any data in any form that incorporates or uses any of the information contained on the Website except with the prior written consent of the Company. (b) You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, licence, create derivative works from, transfer or sell any data obtained from the Website and your subscription to the Services, except that you may store, print and/or email summaries of the subscription content obtained from the Website as needed for your personal, non-commercial use.
UNWANTED SUBMISSIONS
The Company does not accept unsolicited submissions to the Website. Any information or material sent to us will be deemed NOT to be confidential.
FEES AND REFUND POLICY
Fees for subscribing to and using the Services are posted on the Website. You agree to pay the fees associated with your use of the Services by bank transfer or by providing us with a valid credit card. You hereby certify that you are an authorised user of the credit card. You understand that the Company takes credit card fraud and non-payment very seriously, and may work with law enforcement agencies and private parties to address those issues if they occur. The Company further reserves the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact us before you complete any payment. You are responsible for (and must pay for) all purchases made by individuals using your account. If you suspect that unauthorised use of your account is taking place, you must notify us immediately. All purchases are final with no refunds.
ADVERTISING
The Company reserves the right to run advertisements and promotions on the Website. The timing, frequency, placement and extent of advertising by the Company within the pages comprising the Website are subject to change and shall be determined by the Company at its sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.
TERMINATION
The Company may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason and with no prior notice to you; provided, however, if the Company terminates for a reason other than your misconduct or breach of these Terms and Conditions, and you have prepaid for Services, the Company will reimburse you on a pro rata basis for such pre-paid amounts. You may terminate these Terms and Conditions at any time by discontinuing use of the Services. Upon termination of these Terms and Conditions for any reason, the Licence will likewise terminate and you shall immediately cease using the Services.
INFRINGEMENT
We respect the intellectual property of others, and we ask you to do the same. We have made every effort to ensure that all necessary consents have been obtained for the use of any third party content on the Website. If you believe that your work has been copied, posted, or used in any way on the Website that constitutes copyright or other infringement of your rights please contact us by sending an email to: (contact@larryslist.com) To facilitate the processing of any notice received by us from you, please include the following:
(a) your contact details;
(b) proof of your ownership of the intellectual property rights claimed;
(c) a copy of, and if applicable, the hyperlinks to, that part of the Website that allegedly infringes your intellectual property rights; and
(d) a description of the alleged infringement.
MISCELLANEOUS
(a) Entire Agreement. These Terms and Conditions represent the entire binding agreement between you and the Company and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services.
(b) Assignment and Waiver. The Company may assign these Terms and Conditions at its discretion. You may not assign, sublicence or transfer these Terms and Conditions or the Licence in whole or in part to anyone else.
(c) International use. Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and privacy.
(d) Severability. These Terms and Conditions are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent.
DISCLAIMER
Whilst attempting to provide a quality service to you, the Company does not guarantee that the Website will operate error-free or that the Website and its server are free of viruses or other harmful mechanisms. If the use of the Website or its contents result in the need for servicing or replacing equipment or data by you, the Company shall not be responsible for those costs. The Website and its contents are provided on an 'as is' basis without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, including without prejudice to the foregoing, in respect of merchantability, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness or timeliness of the content on the Website. The Company, its officers, directors, employees or agents shall not be liable in any event for any losses, claims or damages suffered by your whatsoever and howsoever arising as a result of your use of or reliance on the Content. The Company is not responsible for the content of any third party websites linked to the Website and does not make any representations or warranties regarding the contents or accuracy of materials on such third party websites.
INDEMNITY
You agree to indemnify, and hold harmless to the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from your access and/or use of the Website.
GOVERNING LAW AND JURISDICTION
The Terms and Conditions as set out herein and any dispute or matter arising from or incidental to the use of the Website shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ('Hong Kong'). You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
