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Terms of Use

AMOTION LABS LIMITED TERMS OF USE

  1. ACCEPTANCE OF TERMS

The following agreement outlines your obligations when using the Amotion Labs Limited website available at https://www.amotionlabs.com (the “Website”). The Website is owned and operated by Amotion Labs Limited., and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR ANY CONTENT ON THE WEBSITE. BY ACCESSING THE WEBSITE OR ANY CONTENT ON THE WEBSITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT OR ANY SERVICES IN THE WEBSITE. AMOTION LABS LIMITED’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY AMOTION LABS LIMITED, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Please read these terms of use carefully before you start to use the site. These terms of use (together with the documents referred to in them) tell you the terms on which you may make use of our website, www.amotionlabs.com (hereinafter – our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, registering to use our site or communicating.

These terms constitute the entire agreement between you and us and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.

By using our site, you agree to be bound by these terms, confirm that you accept these terms of use and that you agree to comply with them.

In the event that any part of these terms is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.

Use of site and these terms are subject to the laws of Hong Kong which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of Hong Kong and the parties submit to the exclusive jurisdiction of the Hong Kong courts.

It is hereby asserted that no representation or warranty is made as to whether our site complies with the regulatory regime and local laws of any other countries.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE AND LEAVE IT.

INFORMATION ON YOUR VISITS TO OUR SITE

Information about you and/or your visits which is collected on this site is collected and used by us and other third parties in accordance with our Privacy Policy and our Cookie Policy.

By using our site, you agree to the use of your personal data in accordance with our Privacy Policy.

 

 

  1. MODIFICATIONS OF TERMS OF USE

Amotion Labs Limited reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Amotion Labs Limited will notify you by posting an announcement on the Website. What constitutes a “material change” will be determined at Amotion Labs Limited’s sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Website by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

  1. PERMITTED USE, LIMITED LICENSE AND AUTHORIZATION TO REPRODUCE

The Site, all of the information and materials contained herein, and the software used to make the Site available (collectively, “Content”) are and shall remain the property of Amotion Labs Limited and its licensors and suppliers, and are protected, without limitation, pursuant to Hong Kong and international copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title, or interest in such Content by virtue of accessing the Site or making use of the Permitted uses allowed under these Terms of Use.

  1. UNAUTHORIZED USE OR ACCESS

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section.

You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:

Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:

  1. Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the holder of such right.
  2. Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  3. Any virus, worm, Trojan Horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  4. Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
  5. Any material, non-public information about any entity.
  6. Use the Website for any fraudulent or unlawful purpose.
  7. Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
  8. Impersonate any person or entity, including without limitation any representative of Amotion Labs Limited; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  9. Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
  10. Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
  11. Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Amotion Labs Limited’s express prior written consent.
  12. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
  13. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
  14. Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
  15. Frame or mirror any part of the Website without Amotion Labs Limited’s express prior written consent.
  16. Create a database by systematically downloading and storing Website Content.
  17. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.
  18. Post information about another individual without that individual’s express permission.

Additionally, you acknowledge and agree that you (and not Amotion Labs Limited) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.

 

  1. INTELLECTUAL PROPERTY RIGHTS

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

You represent and warrant that:

  1. you own the content posted by you on or through our site or otherwise have the right to grant the rights and licenses set forth in these terms;
  2. the posting and use of your content on or through our site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
  3. you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on our site; and
  4. you have the legal right and capacity to enter into these terms in your jurisdiction.

Except as otherwise described in our Privacy Policy, any provided OR COLLECTED ON YOUR BEHALF content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of YOUR content.

You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit or provide us any content does not place us in a position that is any different from the position held by members of the general public, including with regard to your content.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

  • OUR SITE;
  • SITE SERVICES;
  • SITE CONTENT;
  • USER CONTENT;
  • YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE;
  • ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE;
  • ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
  • ANY ERRORS OR OMISSIONS IN OUR SITE OPERATION; OR
  • ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
  • YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

Our site may contain content of users and other our licensors. Except as provided within these terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through our site.

  1. NO RELIANCE ON INFORMATION

The content on our site is provided for general information only.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.

  1. OUR LIABILITY

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.

To the extent permitted by law, we hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site and its services or access to our site and any materials posted on it.

We expressly exclude liability for any consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by any user or a member.

If any part of this clause is held to be invalid, we shall only be liable to the member for an amount not exceeding the sum paid by the member for the provision of the site services.

Notices of any claims against us shall be made by the user within 10 days of the alleged incident giving rise to the claim together with sufficient evidence. 

  1. INDEMNITY

You undertake fully and effectively to indemnify and keep indemnified at all times us and our officers, employee’s agents or authorized representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or our site directly or indirectly in respect of:

  • access to and/or use of our site;
  • access to and/or use of the service by the user;
  • any information data or material published or transmitted by the user;
  • any breach by the user of any of the provisions of these terms or of any code law or regulation relating thereto. 
  1. VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

  1. LINKING TO OUR SITE

You may link to our page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

 

  1. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. 

  1. SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our site.  When a breach of these terms of use has occurred, we may take such action as we deem appropriate. 

Failure to comply with these terms of use may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use.  The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate. 

  1. IP; CONTENT OWNERSHIP AND USAGE RIGHTS

Amotion Labs Limited shall retain all worldwide rights in the intellectual property of the Website and any content on the Website, including, but not limited to, trademarks, the “look and feel” of the Website, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Website is copyrighted or otherwise protected and owned by Amotion Labs Limited, or a third party who licensed the right to use such content to Amotion Labs Limited. Unless otherwise expressly noted, nothing that you read or see on the Website or other website content, or any of the source code or HTML code that Amotion Labs Limited uses to generate the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Amotion Labs Limited, except as provided in the Terms of Use, without prior written consent or otherwise permitted by relevant law.

TRADEMARKS AND TRADE NAMES

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties appearing within Website (collectively the “Trademarks”) displayed on the Website are protected intellectual property under both Hong Kong and international laws and includes registered and unregistered trademarks owned by or licensed to Amotion Labs Limited, affiliated entities and others. Nothing contained on the Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Amotion Labs Limited or such third party that may own the Trademark displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. Amotion Labs Limited’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

 

For your complaint to be valid under the Hong Kong Code of Conduct, you must provide all of the following information when providing notice of the claimed copyright infringement:

  1. Email;
  2. Copyright Infringement Details; and
  3. Detailed email with contact details.

Please send all your inquiries to legal@amotionlabs.com

APPLICABLE LAW

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter and its formation (and any non-contractual disputes or claims) are governed by Hong Kong law.

 

Last Updated: APRIL 2018