This website (the “Site”) is maintained by Imagine Station Limited (refer to below as “we”, “us”, “our” or “IS”), a company registered in Hong Kong with its office at Suite 2104-7, 21/F, Shui On Centre, 6-8 Harbour Road, Wan Chai, Hong Kong.
2. Acceptance of the Terms and Conditions
In order to use this Site, you must first agree to the Terms and Conditions. You may not use this 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 IS in this Site. Alternatively, you are deemed to have accepted the Terms and Conditions by actually using this Site. In this case, you understand and agree that IS will treat your use of this Site as acceptance of the Terms and Conditions from that point onwards.
You may not use this Site and may not accept the Terms and Conditions if you are a person barred from using this Site under the laws of Hong Kong.
3. Use of this Site
You agree to use this 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 this 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, resell or otherwise use any content on the Site for commercial purpose without IS’s express consent.
You agree that you are solely responsible for your breach of any of these Terms and Conditions and for the consequences (including any loss or damage which IS may suffer) of any of your breach or any of your acts including without limitation your use of the Site, and IS has no responsibility or liability to you or to any third party for such breach or acts.
IS may update this 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 this Site may change from time to time without prior notice to you. You also acknowledge and agree that IS may stop providing any features or contents of this Site to you at IS’s sole discretion, without prior notice to you.
4. Privacy and Your Personal Information
In order to access certain features of this Site, you may be required to provide information about yourself. You agree that any information you give to IS will always be accurate, correct and up to date.
5. Proprietary Rights
You acknowledge and agree that IS 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, and any of IS’s products and materials 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, republish, display, upload, post, transmit, distribute or in any other way use any content of the Site or any of IS’s products and materials except as specifically permitted in these Terms and Conditions.
6. Information / Materials provided by you
If IS choose to produce or submit any information or materials to IS through this Site, you agree that you will not post or provide to IS any materials or contents which are defamatory, illegal, offensive, pornographic or otherwise in breach of any applicable laws or third party right. You irrevocably grant, transfer and assign to IS in perpetuity and in all jurisdictions any and all right, title and interest in all documents, materials, works, inventions, ideas, articles or any other items you provide to IS through the Site and any drafts, versions, variations or derivations thereof (“Works”), including without limitation copyright, patent, or other intellectual property rights, right to exploit any rights in the Works, right to take action against any past or future acts of infringement (“Rights”). You acknowledge and confirm that IS is the sole and exclusive owner of all the Rights. You confirm and agree that IS has full right and authority to use, reproduce, alter, delete from, add to or assign, transfer or deal with the Works or the Rights in any way at its sole discretion without further reference or payment to you. You shall not exploit the Works or the Rights in any manner at all time.
You expressly acknowledge and confirm that IS will not be liable to pay any fees or remunerations to you in relation to the assignment and transfer under these terms of or the use or exploitation of the Rights.
You waive and undertake you have caused and procured all such relevant persons to waive any moral rights that you or they may have in the Works before submission to IS including without limitation any rights to object to derogatory treatment, to be identified as the author or to object to false attribution of the Works.
You warrant to IS that the Works are wholly original and have not been copied from any third party work, that you have the full rights and authority to grant all the Rights granted to IS herein, that you have no agreement with or obligations to any third party with respect to the Works or the Rights which may conflict with or adversely affect any of the Rights granted to IS herein, that the existence or exercise of the Rights will not infringe on any third party rights of whatever nature and that the information provided by you to IS through the Site is true and accurate.
You undertake to fully indemnify IS from any and all claims, demands, actions, costs and liabilities of every kind and character whatsoever (including legal costs and expenses), arising out of your breach or violation of the above warranties.
If you do not agree to the above assignment and indemnity, please DO NOT submit any works to IS.
7. Limitation of Liability
IS does not represent or warrant to you that your use of the Site will be uninterrupted, timely, secure or free from error or bugs, or that 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 or other damage that results from the download of any such material. IS 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 IS 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 IS 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, (a) any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data or other intangible loss; (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 or contents of the Site; or (c) any liability, loss or damage incurred by you as a result of or in connection with IS’s use or exploitation of the Works and/or exercise of the Rights.
Notwithstanding the above, nothing in these Terms and Conditions shall exclude or limit IS’s 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 IS. IS’s liability will be limited to the maximum extent permitted by laws of Hong Kong only.
8. Third Party Materials
The Site may include hyperlinks to other web sites or content or resources. IS has no control over these third party sites. You acknowledge and agree that IS is not responsible for the availability, contents or any acts or omissions of any such external sites, and does not endorse any materials, services or products on or available from such sites. You acknowledge and agree that IS 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, services or products on, or available from, such sites.
9. Changes to the Terms and Conditions
IS may change the Terms and Conditions from time to time. When these changes are made, IS will make a new copy of the Terms and Conditions available at www.imaginestation.com.hk marked with the updated date. 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 IS.
IS may at any time, terminate its legal agreement with you and/or cease providing access to you of the Site or any of the product, service or information and/or remove any contents or material that you have posted if:
(a) you have in the opinion of IS breached (are likely to breach) any provision of the Terms and Conditions or any applicable laws or third party rights (or have acted in manner which in IS’s opinion indicates 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
(b) IS is required to do so by law; or
(c) the maintenance or operation of the Site is, in IS’s opinion, no longer commercially viable.
11. IS’s Distributors
If you have an existing distribution agreement with IS and there is a conflict between the terms of the said distribution agreement and this Terms and Conditions, the terms of the said distribution agreement shall prevail.
12. Entire Agreement
The Terms and Conditions constitute the whole legal agreement between you and IS and govern your use of the Site, and completely replace any prior agreements, representations, misrepresentations, warranties or understanding, whether oral or in writing, between you and IS in relation to the Site.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will 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 IS 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.
Date: 17th January 2019