TERMS AND CONDITIONS OF USE
Tom Lee Music Foundation Ltd. ("Tom Lee" or "we") maintains this website, including all of its features and content ("Site"). Access to and use of this Site is subject to the following terms and conditions ("Terms"). Your use of this Site constitutes your acceptance of these Terms.
Tom Lee reserves the right to change these Terms at any time by posting changes online. You are responsible for reviewing regularly these Terms. Your continued use of this Site after changes are posted constitutes your consent to such changes.
The text, images, audio/video clips, information, services, software and other materials made available to you on this Site ("Content") are protected by copyrights or other intellectual property rights and laws. The Content is for your personal non-commercial use only. Any other use of the Content requires the prior written permission of Tom Lee.
If you copy any of the Content, and a copyright notice for Tom Lee or for a third party is affixed to any of the Content, the said Content must be copied with the copyright notice unaltered and intact. Each Content may have separate usage conditions set forth by the copyright owner for purposes other than described above.
You agree that Tom Lee is not liable for any liability you incur as a result of using the Content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL TOM LEE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL LOSSES OR DAMAGES FOR ANY USE OF OR COPY OF ANY CONTENT OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You also agree not to adopt, alter or create a derivative work from any of the Content or reproduce, republish, download, distribute or exploit the Content for any use other than your personal non-commercial use.
Nothing herein confers any license or right in any copyright of Tom Lee or other copyright owner whose materials are posted or provided on this Site.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Tom Lee or other parties. You are not permitted to use these Marks without the prior written consent of Tom Lee or such other parties who own the Marks.
Certain areas of this Site require you to register with your user name and password. You are responsible for maintaining the confidentiality of your user name and password and shall not permit any other person to use your user name and password to access the restricted or controlled areas of this Site or to conduct online purchase on this Site. You are responsible for all claims or liabilities arising from the activities conducted on this Site in your user name and with your password.
No damage to this Site
You shall not use this Site in a manner which causes, or is likely to cause, this Site or access to it to be disrupted, inhibited or damaged.
Postings on Forum of the Site
You may participate in the message boards, chat rooms or email forums on this Site (collectively "Forum") provided that:
(a) You shall not post, publish, upload or distribute any message, information or any other materials ("Postings") which are unlawful, abusive, threatening, defamatory, libelous, pornographic, obscene or racially, ethnically or otherwise objectionable or constitute junk mail, any form of "spam" or invade anyone¡¦s privacy, infringe anyone¡¦s intellectual property rights, give rise to civil liability or otherwise violate any local or international law or regulation;
(b) Your Postings shall be accompanied by your name and electronic mail address. You shall not misrepresent your identity or your affiliation with any person or entity; and
(c) The Forum is provided solely for your personal use. You shall not include in your Postings or otherwise distribute on or through this Site any content or material containing any advertising or promotion (save as expressly permitted by Tom Lee), solicitation for goods, services or funds or make any commercial or other unauthorized use of the Forum.
Tom Lee does not monitor or screen the Postings on a regular basis, takes no responsibility and assumes no liability for the content of the Postings. The Postings are not the views of Tom Lee nor endorsed by Tom Lee. Tom Lee reserves the right to remove or delete any Postings from the Forum at any time without giving reason or notice.
By posting, uploading or submitting the Postings on this Site or the Forum, you grant Tom Lee a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, distribute, modify, adapt and create derivative works from the Postings. You agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.
We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.
Purchase of Products or Services
In these Terms, the following terms and expressions have the following meanings:
|"Tom Lee Group"
||means Tom Lee and companies controlled by or under common control with Tom Lee; and
|"Tom Lee Products"
||means the musical instruments, musical courses and such other products and services offered for sale by Tom Lee Group on this Site.
When you place an order to purchase Tom Lee Products via this Site, your order represents your offer to Tom Lee Group to buy the Tom Lee Products stated in your order. Tom Lee Group may accept to sell to you all or part of the Tom Lee Products ordered by you. Goods or services not stated in Tom Lee Group¡¦s reply to you does not form part of your purchase contract.
The purchase of Tom Lee Products via this Site is subject to the Terms and Conditions of Payment and Delivery.
a. You use the Site at your own risk. You must evaluate, and bear all risks associated with the use of any Content. Tom Lee does not make any warranties or representations as to the accuracy, completeness, currency or reliability of any Content. In particular, where information relating to companies or products (other than the Tom Lee Products) is provided on or via the Site, such information is provided for information purposes only. You should seek independent professional advice or ascertain the accuracy of any Content before acting on such Content.
b. We endeavour to provide a convenient and functional Site, but we do not represent or warrant that this Site or the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
c. Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Postings. We urge you to keep backup copies of your Postings.
d. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
e. This Site may contain advertisements. Unless otherwise expressly stated on this Site, Tom Lee does not endorse, recommend or make any representation regarding the reliability, quality or accuracy of any information, products or services featured in or linked to any advertisement that appears on this Site.
f. This Site may contain links to third party websites. These linked sites are not under the control of Tom Lee. Tom Lee shall not be responsible for and assumes no liability for any content of the linked sites. Tom Lee is providing these links only as a convenience. You acknowledge that the information or opinion in the linked sites is neither endorsed by nor does it represent the belief of Tom Lee.
g. Without limiting the above provisions, this Site and the Content are provided to you on an "as is" and "as available" basis without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement or arising from a course of dealing, usage or trade practice. We exclude all representations and warranties to the fullest extent permissible by the applicable law in relation to the information, products or services available from the Site and disclaim all responsibility for any loss, damage, liability or expense incurred or suffered whatsoever resulting from, arising out of or any way related to your use of this Site or the Content, any errors in or omissions from this Site or the Content, any interruption of, delay in the transmission or unavailability of this Site or the Content or loss or damage of data arising out of the use or inability to use this Site.
h. Tom Lee shall not be liable for any business loss (including loss of profits, revenue or goodwill) or any special, direct, indirect, incidental or consequential damages of any kind whatsoever in any way due to, resulting from or arising in connection with the use or inability to use this Site or the Content or reliance on the information available on this Site (including negligence of Tom Lee).
i. Tom Lee shall not be liable for any damages howsoever arise except damages for death or personal injury caused by our negligence or breach of duty.
You agree to indemnify and hold Tom Lee, its directors and officers from and against all claims, losses, damage, liabilities and expenses resulting from your breach of these Terms.
If any of these Terms shall be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any territory or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms and conditions shall survive, remain in full force and affect and continue to be binding and enforceable.
These terms and conditions shall be governed by and constructed in accordance with the Laws of the Hong Kong Special Administrative Region of the People¡¦s Republic of China.
If you do not accept these Terms, you must immediately terminate the use of this Site and the Content.