Disclaimer & Intellectual Property Rights

This website of the JOCKEY CLUB New Arts Power at www.newartspower.hk  (“the Website”) is developed and maintained by the Hong Kong Arts Development Council (“HKADC” or “we”).

Users of this Website (“you” or “user”) should read the terms and conditions below (“Terms of Use”) carefully as they apply to your use of this Website and control all aspects of your access to and use of it. If you do not accept the Terms of Use in full, the use of this Website must be terminated immediately.

HKADC may change the Terms of Use from time to time in its absolute discretion without prior notice or liability to you. By continuing to use the Website following such changes to the Terms of Use, you unconditionally agree to be bound by such changes.

Disclaimer:

    1. You acknowledge and agree that if you decide to browse or utilise the services provided by the HKADC, you do it entirely at your own risk. The HKADC will not be liable for any loss or damage arising from or in connection with or otherwise associated with browsing or using the Website.
    2. The information and content provided or compiled by the HKADC is based on and governed by the laws of the Hong Kong Special Administrative Region, which means that such information and content may not be suitable to the needs and norms or the practical circumstances of other jurisdictions.
    3. The information contained on the Website is compiled by the HKADC for general information only. While the HKADC endeavours to ensure the accuracy of information contained on the Website, no statement, representation, warranty or guarantee, express or implied, is given as to its accuracy, adequacy or appropriateness for use in any particular circumstances. HKADC is also not responsible if any such information is not up-to-date.
    4. The HKADC reserves the right to omit, suspend, add to, delete or edit all information on the Website including its presentation or functionality at any time in its absolute discretion without giving any reason or prior notice. Users are responsible for making their own assessment of all information contained in the HKADC website and are advised to verify such information or obtaining independent advice before acting upon it.
    5. HKADC does not guarantee or assume any responsibility that the information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment, or that messages sent through the Internet will be free from interception, corruption or loss, or that access to the Website will be available or uninterrupted. For the avoidance of doubts, any materials downloaded or otherwise obtained through the use of the services provided by the HKADC is done at your own risk and discretion and that you will be solely responsible for any damages to your computer system or damage or loss of data resulting from the download of any information.
    6. The links on the Website may take you to other sites and you acknowledge and agree that HKADC has no responsibility for the accuracy or availability of any content or information provided by any such linked websites. Links to other websites do not constitute an endorsement by HKADC of such websites or any information, products, advertising or other materials available on those websites.
    7. You expressly acknowledge and agree that the HKADC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary or punitive damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses (notwithstanding the HKADC may have been informed of such possibility), resulting from:
      • the use or inability to use the service of the Website;
      • data, information, or messages received directly from or via the HKADC;
      • unauthorised access to or alteration of your transmissions or data;
      • statements or conduct of any third party as a result of service provided by the Website;
      • any claims for defamation, or infringement of copyrights or intellectual property rights relating to the use or reliance of information on the Website; or
      • any other matters relating to the service of the Website.
    1. The limitation of HKADC’s liability contained in these Terms of Use shall apply to the fullest extent permitted by applicable laws.

 

INTELLECTUAL PROPERTY RIGHTS AND USER CONDUCT

    1. All content included on this Website, including but not limited to all text, images, photos, audios, visuals, graphics, logos, button icons, codes, software and programmes and compilations thereof (meaning its collection, arrangement and assembly) and all intellectual property rights thereto, produced or licensed for use by the HKADC is the property or licenced property of the HKADC and is protected by Hong Kong and international copyright laws. Any content posted, uploaded or otherwise caused to be placed on the Website otherwise than by the HKADC shall at all times be subject to an irrevocable and non-exclusive licence granted in favour of the HKADC for its use, reproduction, manipulation or display in whole or in part by the HKADC in the operation of the Website.
    2. Unless expressly stated otherwise, no information or materials contained on the Website may be copied, modified, reproduced, published, uploaded, transmitted and distributed in any forms or by any means, without prior written consent of the HKADC. If you should become aware of any infringement of the HKADC’s copyright by other individuals or organisations, please contact us immediately.
    3. You are fully responsible to ensure that your use of any information contained on this Website complies with all applicable legal requirements.
    4. If in HKADC’s sole opinion you are found conducting activities infringing IP Rights or to have breached any applicable laws in connection with your use of this Website or otherwise breached any provision in these Terms of Use, we may without liability or recourse to you, with or without notice:
      • prohibit or deny your use of the Website (or any part thereof); and/or
      • consider taking appropriate legal actions.
    1. You agree to defend, indemnify, and hold harmless, HKADC, its employees, agents, consultants, directors and other representative, from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising directly or indirectly from your breach of these Terms of Use and/or your use of the Website.

GOVERNING LAW AND JURISDICTION

    1. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

 

Last Updated: 30 June 2020