This statement applies to:
- the use of keyparc.com, keyparc.cn, keyparc.com.cn (Keyparc service);
- all information stored on or receivable through this keyparc.com and keyparc.com portal site or any other server linked to keyparc.com and keyparc.com portal site (the Information); and
- any use of keyparc.com service, the Information, any goods or services offered, accessed or obtained through keyparc.com and Keyparc service, by you (the User). This statement limits the liability of BLOOMBASE and its associated companies, directors, employees, agents contractors and any third party Information provider (collectively BLOOMBASE) in relation to any such use, the Information, and goods and services.
- The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement (Copyright Infringement) will occur.
- BLOOMBASE do not acquire the intellectual property right in the Information. The User is deemed to permit, allow and/or authorised BLOOMBASE to copy, distribute, broadcast, display, duplicate, edit, translate encrypt and/or format the Information and to disclose and publish the identity and/or name of the User.
- BLOOMBASE shall not pay any fees in respect of the use of the Information. BLOOMBASE has the absolute discretions to remove the Information and any part of it. The User warrants and declares that he has all rights in the Information provided, uploaded or put by him.
BLOOMBASE expressly disclaims any responsibility, representation or warranty:
- in relation to the availability, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of keyparc.com and Keyparc service or the Information;
- in relation to any goods or services or its level accessed, offered or obtained through keyparc.com and Keyparc service or pursuant to the Information;
- that any access to keyparc.com and Keyparc service or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
- that the Information will not be objectionable or offensive to the User or any other person;
- for any error, omission or misstatement in or arising from the Information. BLOOMBASE does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute BLOOMBASE' views or opinions. BLOOMBASE will not be a party to any transaction between the User and any third person in any way relating to the Information or made through keyparc.com and Keyparc service unless and only to the extent expressly stated in writing otherwise.
Limitation of Liability
BLOOMBASE (and its directors, officers, agents, subsidiaries and employees) shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
- any direct loss;
- any consequential or indirect loss (including without limitation loss of revenue or profits); or
- the User's liability to any other person,
which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the use of keyparc.com and Keyparc service or arising from any incompleteness, inaccuracies, error, omission, misstatement, unavailability or interruption, or any delay in transmission of any Information.
BLOOMBASE does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through keyparc.com and Keyparc service. BLOOMBASE's current practice is to take reasonable steps to maintain confidentiality. (Refer also to Keyparc's data privacy policies current from time to time).
In consideration of BLOOMBASE allowing the User access to the Information and/or keyparc.com and Keyparc service, the User agrees:
- not carry out or allow any Copyright Infringement;
- not to use the Information or the User's access to keyparc.com and Keyparc service for any commercial, military, illegal, improper, obscene or defamatory purpose;
- to take all steps to ensure the Information does not damage the User's information or systems;
- BLOOMBASE conducting research on access to the Information;
- to all BLOOMBASE' disclaimers and limitations of liability set out in this statement, and to BLOOMBASE' data privacy policies current from time to time applying.
- Not to publish, put, upload, distribute, spread any inappropriate, defamatory, damaging, indecent, obscene, unlawful, information, public and/or material;
- that the use by the User of keyparc.com and Keyparc service or the Information will not overload, spam, damage or destroy keyparc.com and Keyparc service and will not interfere the use of the Information, access to goods and services or keyparc.com and Keyparc service by others;
- Not to use keyparc.com and Keyparc service or Information for commercial uses or purposes and not to amend copy, distribute, transmit, display Information or resell the Information or its copy;
- Not to share with other his / her user account with keyparc.com or Keyparc.com; and
- To use strong password and change the password from time to time so as to protect his / her identity.
BLOOMBASE has the rights, but not the obligations, to monitor, check, examine, edit and/or remove the Information without any conditions and prior notice to the User. BLOOMBASE has the rights to disclose any information and materials to any person, as it deems fit if requested by the Hong Kong SAR Government or in compliance of any laws or regulations.
Law and Severability
Hong Kong SAR law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this statement nor affect the validity or enforceability of that part in any other jurisdiction.
Last revised: 8 May 2007