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Terms and conditions
Effective DATE: April 19 2005
Welcome to the Sharon Rocks web site, which is located at sharonrocks.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site. These TOS describe your rights and responsibilities and what you can expect from Sharon Rocks. If you do not read, understand, and agree to all of the TOS, you may not use the Web Site.
Sharonrocks.com reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
1. Use of the Web Site.
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1.1 Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Web Site.
1.2 Your License to Use the Web Site
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(a) Sharonrocks.com solely and exclusively owns all intellectual property and other right, title and interest in and to the Web Site, except as expressly provided for in these TOS. For example and without limitation, Sharonrocks.com owns the trademarks SHARON ROCKS the copyrights in and to the Web Site. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Sharonrocks.com grants you a limited revocable license to access and use the Web for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Sharonrocks.com; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Sharonrocks.com may revoke the license granted to you. |
1.3 Third-Party Services. Sharonrocks.com may use third parties to provide certain services accessible through the Web Site. Sharonrocks.com does not control those third parties or their services, and you agree that Sharonrocks.com will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with Sharonrocks.com's TOS, agreements or policies, you must comply with Sharonrocks.com's TOS, agreements or policies, as applicable. |
2. General Rules.
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2.1 Prohibited Use. Except as may be expressly permitted by Sharonrocks.com, you may not: (i) interfere with the Web Site by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used on Sharonrocks.com; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Sharonrocks.com's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the Web Site; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
2.2 Privacy Policy. By entering into these TOS, you agree to Sharonrocks.com's collection, use and disclosure of your personal information. |
3. Reservation of Rights.
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3.1 Monitoring. Sharonrocks.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Sharonrocks.com determines, in its sole and absolute discretion, that you or another Sharonrocks.com user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Sharonrocks.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. |
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Sharonrocks.com permission to use such submissions for marketing and other promotional purposes. You agree that Sharonrocks.com will have no obligation to keep any Submissions confidential and you will not bring a claim against Sharonrocks.com based on "moral rights" or the likes arising from Sharonrocks.com's use of a Submission.
5. Representations and Warranties.
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5.1 Mutual Representations and Warranties. You represent and warrant to Sharonrocks.com and Sharonrocks.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions. |
6. Disclaimers, Exclusions, and Limitations.
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6.1 DISCLAIMER OF WARRANTIES. SHARONROCKS.COM PROVIDES THE WEB SITE AND SHARONROCKS.COM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHARONROCKS.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, SHARONROCKS.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SHARONROCKS.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
6.2 EXCLUSION OF DAMAGES. SHARONROCKS.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SHARONROCKS.COM SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY SHARONROCKS.COM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) US$100. |
7. Indemnification. You must indemnify and hold Sharonrocks.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify Sharonrocks.com under this Section, Sharonrocks.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Sharonrocks.com's express written permission.
8. Termination.
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8.1 Termination. Sharonrocks.com may suspend or terminate your use of the Web Site if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
8.2 Survival. These TOS will survive indefinitely unless and until Sharonrocks.com chooses to terminate them.
8.3 Effect of Termination. If you or Sharonrocks.com terminates your use of the Web Site, Sharonrocks.com may delete any Content or other materials relating to your use of the Sharonrocks.com Service on Sharonrocks.com's servers or otherwise in its possession and Sharonrocks.com will have no liability to you or any third party for doing so. |
9. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Hong Kong without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Sharonrocks.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Sharonrocks.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. |
