- Definitions: In these Terms of Services:
"APLF" means APLF Limited;
"Member" means a User who has agreed to subscribe to the Website and has paid APLF any applicable membership fee;
"User" means users of the Website comprising Members and Visitors;
"Registered Visitor" means any User of the Website who is not a Member, but has been offered "Registered Visitor" status by APLF or completed a registration form as required by APLF, and is approved by APLF to access permitted parts of the Website;
"Unregistered Visitor" means any User of the Website who is not a Member or a Registered Visitor and who can access part of the Website;
"Visitor" means Registered Visitors and Unregistered Visitors;
"Website" means FashionNetAsia.com, including but not limited to the information and services provided by FashionNetAsia.com.
- Acceptance of Terms: These Terms of Services constitute a valid and binding agreement between APLF and the User relating to the User's use of the Website. By accessing the Website or clicking on the "Accept" button or similar buttons or links as may be designated by APLF, the User accepts these Terms of Services as binding upon it and its use of the Website.
- Visitors: Registered Visitors may access those parts of the Website and use those services which (in UBM's discretion) are made available to Registered Visitors in addition to Members. Unregistered Visitors may access only those parts of the Website and use only those Services which (in UBM's discretion) are not restricted to Members and/or Registered Visitors. Visitors shall not access, or attempt to access, non-public parts of the Website or utilise the password and/or account of any Member.
- Member Account, Password, and Security: Members shall receive a log-in name and a password after subscribing to APLF's services and agreeing to these Terms of Services. Registered Visitors shall receive a log-in name and a password after their registration is approved by APLF and agreeing to these Terms of Services. User shall keep the same confidential, and is entirely responsible for any use of the same by third parties if the User does not maintain the confidentiality of the log-in name and password. Furthermore, the User is entirely responsible for any and all activities, which occur under the User account and all costs incurred.
- Access to Services: Both Members and Visitors have access to the various free services (determined by APLF) which are made available to all Users. Members will have access to paid services as made available to Members by APLF from time to time. APLF may create additional classes of User and may impose different or additional terms of services for each class of User. APLF reserve the right to modify, suspend or terminate access to any service on APLF's system at any time to Members and/or Visitors for any reason without notice or refund, including the right to require any Member or Registered Visitor to change his/her login identification code or password and to prohibit or restrict access until this is done.
- Modifications to Terms of Service: APLF may change these Terms of Services (or the terms of service for one or more classes of User) from time to time without individual notice to and consent of the User. The User can review the most current version of the Terms of Services at any time at: http://www.fashionnetasia.com/tos.aspx. If the User does not agree to any changes, the User must return a formal written notification either by fax or conventional post to APLF to terminate the User's uses of the Service at that time. Otherwise the changes will be deemed as accepted by the User upon continued use of the Website. User's continued use of the Service affirms on each occasion of use: (1) acknowledgment by User of the Terms of Services and its modifications; and (2) agreement by User to abide and be bound by the Terms of Services and its modifications.
- Dealings between Members and Visitors: Use of the Website may permit Members and Visitors to contact each other and enter into contractual and other arrangements between them ("Dealings"). APLF is not a party to any such Dealings, and accepts no liability to any Member or Visitor in relation thereto. APLF is not responsible for any acts or omissions of a Member or Visitor, the quality, safety or legality of any goods or services offered by any Member or Visitor, or for any representations, warranties or undertakings given by a Member or Visitor. Each Member or Visitor is solely responsible for satisfying itself as to the terms of any Dealing with another Member or Visitor and APLF have no liability whatsoever in relation thereto.
- User's Conduct: User's use of the Website is subject to all applicable, local, state, national and international laws and regulations. User agrees to comply with Hong Kong law regarding the transmission of technical data exported from Hong Kong through the Website; not to use the Website for illegal purposes; not to interfere to disrupt networks connected to the Website; and to comply with all regulations, policies and procedures of networks connected to the Website. User agrees not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and not to impede or interfere with others' use of the Service. User further agrees not to alter or tamper with any information or materials on or associated with the Website. The Website makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. IP addresses are recorded when messages or materials are sent and received. User agrees not to post or transmit through the Website any material of any kind or nature which is false, defamatory, inaccurate, unlawful, harassing, libelous, abusive, hateful, threatening, harmful, vulgar, obscene, objectionable, racist, or invasive of a person's or legal entity's privacy. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation. Attempts to gain unauthorised access to any computer systems related to or supporting the Website are prohibited. User is solely responsible for the contents of his or her communication or material through the Service and in the Website. User is responsible for ensuring that any communication or material transmitted to the Website does not violate or infringe upon the copyright, patent, trademark or any other personal or proprietary rights of any third party, and is posted with the permission of the owner of such rights. By submitting or uploading any materials to the Website, User represents and warrants that he or she is the owner of such materials and by that action grants APLF a perpetual, royalty-free, irrevocable, nonexclusive right and license to use and reproduce any such material for display on the Website or a derivative created from the Website. APLF may, at its sole discretion, immediately terminate the Services or access to any part of the Website for a Member or Visitor should their conduct fail to conform to the terms listed in these Terms of Services. Where Users collaborate with each other as a result of use of the Website, they do so as independent contracting parties and the User acknowledges that APLF will not in any way be construed as a party to such collaboration nor be liable or responsible in any way for the dealings of such collaboration or the parties to such collaboration.
- Disclaimer of Warranties: (A) USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. (B) APLF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (C) APLF MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES APLF MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. (D) USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA POSTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS RECEIVED AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE POSTING OR DOWNLOAD OF SUCH MATERIAL AND/ OR DATA. (E) APLF MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE FROM A MEMBER OR APLF OR ANY DEALINGS ENTERED INTO THROUGH THE SERVICE. (F) APLF HAS NO LIABILITY WHATSOEVER FOR ANY REPRESENTATION, WARRANTY OR UNDERTAKING MADE BY ANY MEMBER OR VISITOR IN DEALINGS WITH ANOTHER MEMBER OR VISITOR. (G) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM APLF OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. (H) ALL COMMUNICATIONS MADE AVAILABLE AS PART OF THE WEBSITE AND ANY OPINIONS, ADVICE, STATEMENTS, VIEWS OR OTHER INFORMATION EXPRESSED IN THE WEBSITE ARE SOLELY PROVIDED BY, ACT IN THE OWN RIGHT, AND THE RESPONSIBILITY OF THE USER POSTING SUCH COMMUNICATION AND DO NOT NECESSARILY REFLECT THE VIEWS OF THE WEBSITE AND APLF. (I) APLF DOES NOT CERTIFY, ENDORSE, VERIFY, EDIT OR REVIEW THE CONTENTS OF ANY COMMUNICATION POSTED TO THE WEBSITE AND MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE POSTED COMMUNICATIONS OR INFORMATION CONTAINED THEREIN. (J) APLF IS NOT RESPONSIBLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER IN THE WEBSITE.
- Limitation of Liability: (A) APLF will not be liable for any delays in delivery and/or non-delivery of materials, services and/or data in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. related to the Website howsoever arising. (B) APLF does not represent or warrant that the Website will meet the objectives or needs of the User. (C) In no event will APLF be liable for any failure, disruption, downtime, interruption, delay, inaccuracy or any other nonperformance related to the Website. (D) APLF shall not be liable for any statement, misstatement, inaccuracy or omission of any type for any content submitted by any User at the Website. (E) APLF reserves the right to remove any postings or materials of any kind or nature from the Website at its discretion; this reservation creates no affirmative duty in APLF, and failure to exercise this power shall not subject APLF to any liability of any sort. (F) UNDER NO CIRCUMSTANCES WILL APLF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USER'S ACCESS TO, OR USE OF THE WEBSITE, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OR THE WEBSITE, FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THE WEBSITE, OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF APLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful but that liability may be lawfully limited, APLF's aggregate total liability to any User for all such damages and losses shall be limited to the greater of the subscription fees paid by the User suffering loss during the 12 months preceding the event giving rise to liability and US$100.
- Proprietary Rights: The use of the Website by User remains within APLF's exclusive proprietary control. APLF or the Website's content providers own or licence all intellectual property rights to any and all protectable components of the Website and its contents. User may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, de-compile or dissemble any aspect of the Website and its contents in any format without the prior written permission from APLF or the content providers.
- Indemnification: User agrees to indemnify and hold APLF, its parents, subsidiaries, affiliates, directors, officers and employees, harmless from any and all liability, damages, losses, claims (including reasonable legal fees) made by any third party due to or arising out of User's use of the Website, or the infringement by User, or other user of the Website using User's computer, or any intellectual property or other right of any person or entity. In addition, each Member and Visitor agrees to indemnify and hold APLF, its parent, subsidiaries, affiliates, directors, officers and employees harmless from any and all liabilities, damages, losses, claims (including reasonable legal fees) made by any Member and Visitor or third party as a result of any Dealings between them, directly or indirectly through use of the Website.
- Legal Expenses: The User agrees to bear all legal expenses that may be incurred by APLF for the recovery of all overdue billings, charges and damages for breach of this agreement by the User.
- Links to third party sites: The linked sites in the Website are not under the control of APLF and APLF is not responsible for the contents of any linked site or any link contained in a linked site.
- Suspension of Service: In the event of default by Member in payment, APLF reserves the right to suspend all Services and access until balance brought current.
- Conflicting Terms: No condition which conflicts with these conditions is binding on APLF or the User unless it is in writing and signed by or on behalf of both parties.
- Governing Law: Each User agrees that the agreement between the User and APLF constituted in these Terms of Services, and the User's use of the Website, and any dispute arising in any way in relation to the Website, will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.
- English Language Version to Prevail: These Terms of Services may be published in English and Chinese language versions. In the event of any inconsistency or discrepancy between the same, the English language version shall prevail. The Chinese language version shall not be translated into English for the purposes of comparison or as an explanation of the English language version.