Terms and Conditions
This website (the “Site”) is maintained by Tomson International Entertainment Company Limited (referred to below as “Tomson Entertainment”), a company incorporated in Hong Kong Special Administrative Region (“Hong Kong”) with its registered office at Rooms 1501-2 & 1507-12, 15/F., Wing On Centre, 111 Connaught Road Central, Hong Kong.
- Acceptance of the Terms and Conditions
In order to use the Site, you must first agree to the Terms and Conditions. You may not use the Site if you do not accept the Terms and Conditions. You can accept the Terms and Conditions by clicking to accept the Terms and Conditions, where this option is made available to you by Tomson Entertainment in the Site. Alternatively, you are deemed to have accepted the Terms and Conditions by actually using the Site. In this case, you understand and agree that Tomson Entertainment will treat your use of the Site as acceptance of the Terms and Conditions from that point onwards.
You may not use the Site and may not accept the Terms and Conditions if (a) you are not of the age of 18 to form a binding contract with Tomson Entertainment or (b) you are a person barred from using the Site under the laws of Hong Kong.
- Use of the Site
You may access and use the Site solely for your personal and non-commercial use. You agree to use the Site only for purposes that are permitted by (a) the Terms and Conditions and (b) any applicable laws, rules and regulations in Hong Kong. You agree that you will not use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Site. You agree that you will not engage in any activity that interferes with or disrupts the Site. You agree that you will not reproduce, duplicate, copy, create derivative works from, sell, trade or resell any content on the Site.
You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Tomson Entertainment may suffer) of any such breach or any acts, and Tomson Entertainment has no responsibility or liability to you or to any third party for such breach.
Tomson Entertainment may update the Site from time to time in order to provide the best experience for its users. You acknowledge and agree that the contents and form of the Site may change from time to time without prior notice to you. You also acknowledge and agree that Tomson Entertainment may stop providing any features of the Site to you at Tomson Entertainment’s sole discretion, without prior notice to you.
- Privacy and Your Personal Information
In order to access certain features of the Site, you may be required to provide information about yourself. You agree that any information you give to Tomson Entertainment will always be accurate, correct and up to date.
- Proprietary Rights
You acknowledge and agree that Tomson Entertainment owns all legal right, title and interest in the Site, including without limitation any intellectual property rights which subsist in any content of the Site, including without limitation all trade marks, trade names, copyright works, inventions, designs (whether registered or not). You shall not modify, copy, reproduce, create derivative works from, republish, display, upload, post, transmit, distribute or in any other way use any content of the Site except as specifically permitted in the Terms and Conditions.
- Limitation of Liability
Tomson Entertainment does not represent or warrant to you that your use of the Site will be uninterrupted, timely, secure or free from error, and any information you obtain from the Site will be accurate or reliable. Any material downloaded or otherwise obtained from the Site is done at your own risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. Tomson Entertainment also expressly disclaims all representations, warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of non-infringement and you agree that Tomson Entertainment shall not have any liability towards you of any kind or nature including without limitation arising from any misrepresentation, negligence or fraud.
You expressly understand and agree that Tomson Entertainment shall not be liable to you for (a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data or other intangible loss; or (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance by you on any content of the Site; any changes to the Site or any permanent or temporary cessation of any features of the Site.
Notwithstanding the above, nothing in the Terms and Conditions shall exclude or limit Tomson Entertainment’s warranty or liability for losses which may not be lawfully excluded or limited under Hong Kong laws, including without limitation liability for death or personal injury resulting from negligence of Tomson Entertainment. Tomson Entertainment’s liability will be limited to the maximum extent permitted by the laws of Hong Kong only.
- Third Party Materials
The Site may include hyperlinks to other web sites or content or resources. Tomson Entertainment has no control over these third party sites. You acknowledge and agree that Tomson Entertainment is not responsible for the availability, contents or any acts or omissions of any such external sites, and does not endorse any materials on or available from such sites. You acknowledge and agree that Tomson Entertainment is not liable for any loss or damage which may be incurred by you resulting from the availability of those external sites, or your reliance on the completeness, accuracy or existence of any materials on, or available from, such sites.
- Changes to the Terms and Conditions
Tomson Entertainment may change the Terms and Conditions from time to time. When these changes are made, Tomson Entertainment will make a new copy of the Terms and Conditions available at this page. You understand and agree that if you use the Site after the date on which the Terms and Conditions have changed, your use is deemed to be acceptance of the updated Terms and Conditions.
The Terms and Conditions will continue to apply until terminated by Tomson Entertainment.
Tomson Entertainment may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms and Conditions or any applicable laws or third party rights (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions or any applicable laws or third party rights); or
- Tomson Entertainment is required to do so by law; or
- the maintenance or operation of the Site is, in Tomson Entertainment’s opinion, no longer commercially viable.
- Entire Agreement
The Terms and Conditions constitute the whole legal agreement between you and Tomson Entertainment and govern your use of the Site, and completely replace any prior agreements, representations, warranties or understanding, whether oral or in writing, between you and Tomson Entertainment in relation to the Site.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms and Conditions is invalid, then that provision will be deemed severable and omitted from the Terms and Conditions without affecting the rest of it. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
The Terms and Conditions shall be governed by the laws of Hong Kong. You and Tomson Entertainment agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong to resolve any legal matter arising from the Terms and Conditions.
Dated the 1st day of March, 2016