LEGAL NOTES AND TERMS AND CONDITIONS FOR USE OF THE WEB SITE BY INTERNET VISITORS
1. Legal notes
The www.byyb.com.hk web site is produced by BY Y.B. Studio Asia Limited, a Hong Kong, Chinese Company with capital of HKD 10.000 having its Registered Office at Unit 9A, R&T Centre, 81-83 Larch Street, Tai Kok Tsui, Kowloon, Hong Kong, registered with the Hong Kong Trade and Company Register under N° 20270629.
Tel.: (+ 852) 2317 6798 – Fax: (+ 852) 2317 6768
Web site: www.byyb.com.hk
Publication director: YS Wong
1.2. Creation & Development
BY Y.B. Studio Asia Limited, firstname.lastname@example.org
The www.byyb.com.hk web site is hosted by Culture Point Limited, Hong Kong.
Scope of these Terms and Conditions for Use
2.1. In accessing this website (hereinafter cited as the “Site”), you, the user of the Site, agree to be subject to these Terms and Conditions for Use of the Website by Internet Visitors (hereinafter known as “the Terms and Conditions”) outlined below.
BY Y.B. Studio Asia Limited (hereinafter cited “BYYB”) may revise or supplement these Terms and Conditions from time to time and it is your responsibility to re-read these Terms and Conditions each time you access the Site.
Any subsequent use of the Site indicates your acceptance of such Terms and Conditions as modified from time to time.
2.2. These Terms and Conditions manage the use of the website www.byyb.com.hk
They are not General Sales Conditions. The sale of goods or services on an online shop will be managed by separated General Sales Conditions.
Moreover these Terms and Conditions do not manage the subscriptions to the BYYB’s publications which have separated Conditions.
2.3. These Terms and Conditions manage exclusively the content published by BYYB on its website www. byyb.com.hk are excluded from their scope and depend, if necessary, on the General conditions of Use of the BYYB’s partners, the contents published by third parties or in partnership with a third party, even if they appear under the BYYB’s graphic charter, if are accompanied of BYYB’s trademarks, or are hosted by BYYB or by a technical hosting of BYYB (for instance, but not limited to:
third party content in framing, hyperlink to a partner site…).
The presence of contents published by BYYB’s partners on the Site, or the ability to access to such contents from the Site, does not constitute an approval of such contents by BYYB.
The responsibility of BYYB cannot be engaged by the information, opinions, recommendations or services provided by its partners and BYYB will not be prosecuted or pursued because of these contents.
2.4. The advertising spaces and advertisements are excluded from the scope of these Terms and Conditions.
3.1. BYYB endeavors to ensure as far as possible, that the information provided on this Site and any other web site belonging to its immediate corporate affiliates is right and up-to-date.
However, BYYB cannot guarantee the correctness, accuracy or exhaustive nature of the information provided on this Site.
BYYB reserves the right to correct the content of the Site, at any time without prior warning.
3.2. BYYB excludes, to the fullest extent permitted by applicable law, its responsibility considering the published expressed and implied information and pictures and their compliance with the needs and expectations of users.
BYYB declines all responsibility and may not be held liable in any case:
– for any interruption in provision of the Site or services accessible via the Site,
– for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
– for any inaccuracy, isolated and unforeseen error or omission relating to information available on the Site,
– for any damage resulting from a fraudulent intrusion by a third party that has led to a modification of the information provided on the Site,
– and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.
In any event, BYYB expressly limits any and all liability it may have in respect of your use of this Site to not more than 100 HKD in aggregate.
3.3. Furthermore, BYYB does not guarantee the fact that the server hosting of this Site is free from viruses or that a technical problem may not occur, which may damage the user’s computer’s components or data that may be stored there.
The user is responsible for ensuring that he has an up-to-date virus checking software and security mechanisms to protect his systems and data.
3.4. Each of the provisions of this section (and each part thereof) shall be given effect to the fullest extent permitted by applicable law and the invalidity or unenforceability of any provision shall not render the remaining provisions invalid or unenforceable. Subject to the foregoing, BYYB or its sub-contractors may not be held responsible for any harm whatsoever that may occur when connected to the Site.
3.5. BYYB is free to modify or axe the proposed service at any time.
4. Acceptable Use and limits
4.1. To the extent you communicate with other users of the Site BYYB does not necessarily actively monitor such communications and such communications are not endorsed by BYYB and do not necessarily reflect its opinions.
BYYB does not control content submitted by third parties through the Site. Your use of the Site is at your own risk.
However, BYYB reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its own sole discretion, BYYB believes may be offensive, illegal or otherwise objectionable in any way. You may not use the Site to conduct any commercial activity or to sell or endorse any product or service.
You agree that Internet is not a secure mean of communication and as a result any communication transmitted via the Site shall not be confidential and may be intercepted by third parties. BYYB shall not be liable for any loss or damage as a result of any use or disclosure of materials submitted by you to BYYB to the fullest extent permitted by applicable law.
4.2. You, the Internet visitor or user, undertake not to insert or spread on the Site any document, content, information or file or any other data in any form, which is likely to restrict, to slow down, disorganize, to prevent, or to interrupt the good working and the normal use of the Site, BYYB’s equipments and/or telecommunications, and those of its service providers and partners and others visitors of the Site.
Especially, you undertake:
– not to use any spiteful software (namely virus, worm, Trojan horse, spy software…etc.)
– not to spread any spam or any other mean for massive emailing and/or automatic emailing
– not to use any mean for crawling web pages or any other mean to copy or download massively the content of the Site. The use of such a mean would be considered as a counterfeit violating the BYYB’s intellectual property rights specified in the Article 5 of these Terms and Conditions.
5. Copyright, brands and other property rights
5.1. The Site (including all texts, images, web pages, sounds, videos and other materials on or accessible via the Site) as well as any software that needs to be used in relation to the Site, may contain information that is protected by intellectual property rights or other legislation. For the purposes of the Terms and Conditions, intellectual property rights include, without limitation, all copyrights, designs, trademarks, rights in data, database rights, know-how, rights in the get-up of the Site and any other intellectual property rights of any kind, whether registered or not, anywhere in the world.
BYYB has, where necessary and as far as is possible, secured the appropriate intellectual property rights relating to the reproduction and or use by it of any and all images available in this Site.
Except where stipulated to the contrary, intellectual property rights to documents contained within the Site and each of the items created for the Site are the sole property of BYYB, its subsidiary companies or its licensors: no license or any right other than the right to view the Site is granted to anyone, with regard to intellectual property rights.
Specific additional details and limitations to intellectual property rights as the case may be are explicitly stated in the Site. You must comply with any restriction identified on this Site.
5.2. The reproduction of material on the Site is expressly prohibited.
Especially, printing or downloading any material or information that is contained on the Site is prohibited.
You are also prohibited from copying, modifying, creating a derived piece of work, inverting the design or composition or in any other way attempting to find the source code (with the exception of cases outlined in law), selling, passing on, sub-licensing or transferring any right relating to the software used to operate this Site in any way whatsoever.
Finally, you are also prohibited from modifying the software or using modified versions of the software, specifically (without this list being exhaustive) with a view to obtaining unauthorized access to the service and accessing the Site by another means than via the interface that you have been provided with for this purpose by BYYB.
The reproduction or use of the trademark and logos which are on the Site are also prohibited.
Any violation of this section (and each part thereof) will be considered as a counterfeit which is likely to justify civil or penal proceedings.
6. Governing Law
These Terms and Conditions constitute the entire agreement between BYYB and the Internet visitors or users in relation to this Site.
Failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provision.
If any provision of these Terms and Conditions is unenforceable or invalid under applicable law, the other provisions of the Terms and Conditions shall remain in full force and effect.
BYYB may transfer its rights and obligations under these Terms and Conditions to third parties.
These Terms and Conditions are subject to Hong Kong law. The laws of Hong Kong will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Hong Kong for the purpose of litigating all such claims.
7. Privacy statement The following statement describes BYYB’s practices as regards the collection and use of information relating to identifiable individuals (“personal information”) for this Site, in particular the type of information collected and the way in which it is used.
7.1 Protection of personal data
7.1.1. In general terms, you may visit this Site without needing to supply personal information such as your name, address, telephone number or e-mail address.
7.1.2. In certain sections of the Site, BYYB may ask you to provide certain personal information in order to provide you with the information that you have requested, respond to your reactions on line and even to enable you to take part in its surveys. BYYB may also request certain demographic data (language, country of residence), in order to adapt the content of the Site to your needs. You are not obliged to give us this personal information, but please be aware that without it we may be unable to respond to certain of your requests. If you do not wish personal information to be collected in your account, all you need to do is not respond to requests for information on the Site.
7.1.3. BYYB uses personal information relating to you to administer this Site and operate its business, for marketing and statistical research, to provide you with information you have requested, to inform you of its products and services and affiliates and otherwise as reasonably required by applicable law. BYYB does not sell, lend or otherwise disclose this information to third parties, unless required for the foregoing purposes, or if BYYB is required to do so by law, by the relevant authorities or in order to cooperate with legal proceedings. This may involve the worldwide international transfer of personal information relating to you to its affiliates, service providers and business partners for the foregoing purposes, including to countries transfer to countries without data protection laws equivalent to those in your jurisdiction. We may share data with other companies, with which BYYB works, for the purpose of market research.
7.1.4. Finally and pursuant to art. 34 of the “IT and freedoms” law of 6 January 1978, we should like to remind you that you have a right to access, modify, correct, oppose and delete data relating to you. To exercise these rights, please contact BYYB : email@example.com
7.2. Data collected automatically When you visit our Site, the web server automatically sends to BYYB your IP address as well as information including the date and duration of your visit to our Site or even the IP addresses to which you are directed using links provided on our Site. This information may be used in order to adapt the content of our Site to meet your needs. Just like numerous companies, we can store information on your computer in the form of “cookies”. Cookies enable us to see, in particular, what Sites you have visited before coming to ours or even what pages you have viewed on our Site. These cookies are in no way capable of collecting personal information. You can remove these cookies from your hard disk, block them or even request a warning before they are stored on your hard disk.
8. Un-solicited e-mail BYYB will not send any un-solicited e-mail or spam to the extent this is prohibited by applicable laws. You can unsubscribe from the mailing list at any time by sending an e-mail to the following address: firstname.lastname@example.org
9. Links The Site may include links to other web sites or other internet sources. As BYYB cannot control these web sites and these external sources, BYYB cannot be held responsible for the provision of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, BYYB cannot be held responsible for any proven or alleged harm or losses resulting from or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.
10. Forums/comments 10.1. To send a comment, The Internet visitor/user must inform BYYB of the following : – Name or nickname: it determines the identity under which the comments appear – Title: it serves to summarize the comments and encourage their reading by the other visitors – Email address: it must be active. Any invalid email address will result in automatic deletion of the comment by BYYB.
10.2. Charter and moderation
10.2.3. The use of the Site by minors is under the responsibility and supervision of their parents and legal guardians.
10.2.4. BYYB offers the user an Internet address: email@example.com for reporting abuses and comments which may be considered as not complying with these terms and conditions or the law. BYYB is free of the outcome of this alert. Therefore BYYB will be free to withdraw a comment that he believes contrary to these Terms and Conditions of Use or the law, and without formality or notice.
10.2.5 The BYYB’s moderating team review each comment received. Therefore it is requested that the user not to repeat unnecessarily sending a comment, do not post the same comment under different aliases, and ban any technique of spam « junk mail », « troll » … etc. BYYB is free to publish or not publish comments of his choice, the choice is entirely discretionary. The user agrees by submitting his comment that it is reproduced according to the rules of indexing and editing and enhancement are the sole responsibility of BYYB, in his capacity as editor of the Site. To improve the readability of the comments, BYYB ensures to delete speech errors (spelling, typography … etc.) but cannot correct everything. The reactions contained entirely in capital letters or whose meaning is rendered uncertain by abbreviations or language errors (spelling, vocabulary and syntax) will not be accepted. If BYYB remove a word or a brief passage in a commentary, this modification will be apparent and will appear in brackets. BYYB is careful to let live as much as possible the comments, while enhancing them. The deletions made do not alter the general meaning of the commentary. If the user is still dissatisfied with these changes, it may still request their deletion at the following Internet address : firstname.lastname@example.org BYYB reserves the right to interrupt a debate that would become redundant or which would be invested by a flow of militants for any reason.
10.2.6. The user acknowledges that his comment addressed to BYYB is simply a reaction to a news, posted on a press site, and as such it is public, free of copyright, and may be freely distributed, reused and commented.
At any useful purpose and if a comment would be able to create intellectual property rights including copyright, the user, by posting this comment, agrees to give graciously to BYYB all its rights including the right of reproduction, representation, adaptation, translation, publication and for the legal period of protection. This authorization is given for the publication of the commentary on the Site as defined in section 1 above, whatever the form of publication, and processes of development of the commentary. Also under this authorization graceful BYYB may select the comment and publish it in whole or in part in the magazine (name) or any other publication published by BYYB, its subsidiaries or any affiliates.
The assignment of rights applies to all media and types of consultation (including digital, mobile applications…) and without geographic boundaries.