This Terms of Use and Notices was last updated on [19th Mar, 2009]
此網站條款於2009年3月19日更新

PERSONAL DATA AND PRIVACY

To learn about how KongSolo.com and its sub-domains (hereinafter collectively referred to as the "Sites") collects & protects your personal data, refer to our Private Policy. Any non-personal information or material sent to the Sites by you will generally NOT be treated as confidential.

個人資料及私隱

1. ACCEPTANCE OF TERMS - GENERAL

    一般接受條款

 
  1.1  
The use of the KongSolo.com Website (“KongSolo”) is subject to this Terms of Use and Notices (“TOU & Notices”). By accessing and using KongSolo you agree to be bound by this TOU, and any Notices (which term shall include guidelines and rules) which may be posted by the Sites on KongSolo from time to time.
 
  1.2  
You agree that the Sites may modify and amend this TOU & Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by the Sites, shall be subject to this TOU. All such Notices are hereby incorporated by reference into the TOU. You are responsible for regularly reviewing the Sites’s TOU & Notices posted on KongSolo. By continuing to use KongSolo, you are deemed to have agreed to be bound by any modifications and amendments to this TOU & Notices.
 
  1.3  
You can access KongSolo home page and browse KongSolo without disclosing your personal data. The service and links of KongSolo may include links to third party websites and are subject to Section 7 herein.
 
  1.4  
Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions by submitting your information you consent to these transfers.
 
  1.5  
"You" shall mean any user of KongSolo and "your" shall be interpreted accordingly.
 
  1.6  
“Member Service” shall mean the services made available to you by the Sites through KongSolo.
 
  1.7  
“Member Account” shall mean the membership service which retains all personal and confidential information pertaining to registered members of.
 

2. REGISTRATION, USE AND SECURITY

    登記,使用及保安

 
  2.1  
To be a registered member of KongSolo, you must provide the information required in the member registration form. You will need to provide a unique password and user ID upon completing the member registration process. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID whether or not actually or expressly authorized and/or used by you.
 
  2.2  
The Sites reserves the right to terminate any dormant Member Account that has not been used for a period of six months or longer.
 
  2.3  
Information on KongSolo may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Sites may also make improvements and/or changes to KongSolo and to the fees and rates for the Member Services, if any, at any time without notice.
 
  2.4  
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the member registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Sites suspects that such information is untrue, inaccurate, not current or incomplete, the Sites has the right to suspend or terminate your Member Account and refuse any and all current or future use of KongSolo (or any part thereof).
 
  2.5  
KongSolo may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access KongSolo and assume all risk associated therewith.
 
  2.6  
KongSolo may not be not available to be accessed from all regions and countries of the world. The Sites reserves the right, in its sole discretion, to limit or terminate your ability to access KongSolo from certain regions or countries, and you assume all risk associated with the accessibility of the Member Service and KongSolo from any given region or country of the world.
 
  2.7  
The Sites reserves the right to limit or prohibit your entry into KongSolo in its sole discretion and shall not be liable for such limitation or prohibition.
 

3. YOUR CONDUCT

    本網站使用人的行為守則

 
  3.1  
You agree to use KongSolo only for lawful purposes and in accordance with this TOU & Notices.
 
  3.2  
You agree to (a) notify the Sites immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from Member Account at the end of each session. The Sites cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
 
  3.3  
Your Member Account is not transferable and may not be assigned to any third party. KongSolo is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of KongSolo to any other party; or (b) make commercial use of KongSolo without the express written consent of the Sites.
 
  3.4  
You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Member Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
 
  3.5  
You may not use KongSolo in any manner that could damage, disable, overburden, or impair KongSolo (or the network(s) connected to Member Service) or interfere with any other party's use and enjoyment of the Member Service. You may not attempt to gain unauthorized access to KongSolo and other Member Accounts, computer systems or networks connected to KongSolo, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through KongSolo.
 
  3.6  
You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Member Service, if any, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
 

4. TERMINATION/ACCESS RESTRICTION

    終止或限制連接

 
  4.1  
You may terminate and close your Member Account by e-mailing the webmaster of KongSolo from the e-mail address provided by you the time you opened your Member Account and created your user ID. Your e-mail must specify your user ID, and expressly state that you wish to terminate your Member Account.
 
  4.2  
Without limiting anything herein contained, the Sites reserves the right to terminate the services of KongSolo and your use of the Member Account at any time without notice and for any reason.
 
  4.3  
In addition to any termination rights the Sites may have under this TOU & Notices, the Sites may suspend or terminate your Member Account and access to KongSolo without notice and in its sole discretion if:
 
  
The Sites, at its sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or
for inactivity, which is defined as failing to log into your Member Account for an extended period of time, as specified in Section 2.2 above.
The Sites suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your user ID and password to third parties, or (b) entering invalid or apparently invalid user information for your Member Account) of KongSolo and/or your Member Account; or
You materially violate this TOU or any Notice posted from time to time on KongSolo, any applicable law, rule or regulation relating to the use of the Member Service; or
Any law, regulation, or governmental action renders all or any portion of KongSolo (or your use of the Member Service) unlawful or impracticable; or
• Your use of your Member Account or KongSolo impairs or threatens to impair the integrity or functionality of KongSolo in any manner; or
The Sites believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
 
  4.4  
You agree that the Sites shall not be liable to you or any third-party for any termination of your access to KongSolo or your Member Account.
 

5. DISCLAIMER & LIMITATION OF LIABILITY.

    免責聲明及豁免條款

 
  5.1  
The Sites makes no warranty that KongSolo will meet your requirement or that KongSolo will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through KongSolo or your Member Account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to KongSolo for the reconstruction of any lost data. All use of KongSolo is at your own risk and you are solely responsible for all damages resulting therefrom.
 
  5.2  
KongSolo is not intended for "mission critical" circumstances and is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
 
  5.3  
To the maximum extent permitted by applicable law, the Sites disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to KongSolo and transactions performed through the service or on the Internet generally. The Sites makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
 
  5.4  
In no event the Sites, or any party involved in creating, producing or providing any contents, materials, goods and/or services through KongSolo shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of revenue or anticipated profits, loss of business, goodwill, data or other intangible losses even if the Sites has been advised of the possibility of such damages resulting from but not limited to (i) the inaccuracy, invalidity or incompleteness of the contents and materials so provided by KongSolo; (ii) use of or inability to use KongSolo; (iii) the cost of procurement of substitute goods and/or services resulting from any goods data, information or services purchased or obtained through KongSolo; (iv) unauthorized access to or alteration of your transmission or information; and (vi) other matters related to KongSolo. In the event of any of the said circumstances results from the gross negligence or wilful act of the Sites, the claims that the Sites may account shall be limited to the amount of fees (if any) paid to the Sites for the use of goods and/or services.
 
  5.5  
The Sites also disclaims any liability as a result of any damages or injury howsoever caused by use of KongSolo which results in mistake error omission interruption deletion defects, error or delay in transmission or receipt, computer virus followed by download, communication network failure, theft or destruction or unauthorized access, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, defamation, or under any other cause of action.
 
  5.6  
If you are dissatisfied with KongSolo, the materials available on or through the Member Service, KongSolo or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using KongSolo or any of KongSolo’s other products and services.
 
  5.7  
The Sites will take reasonable measures to maintain the privacy and security of all private information provided by you to KongSolo, but third parties (such as hackers) may breach or attempt to breach the Sites's security measures or may gain unauthorized access to KongSolo database or other equipment containing your information. You agree that the Sites shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of KongSolo or any other company equipment or user information.
 
  5.8  
This "Flash Jetso" push notification message contains information provided by a third party. Kongsolo shall make no representation or warranty regarding the accuracy of the information, and shall have no liability to any loss incurred in reliance of the information.
 

6. INDEMNITY

    賠償條款

 
  6.1  
You agree to indemnify and hold the Sites, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers whosoever indemnified against any claims losses damages (actual and consequential), suits, judgments, litigation costs and liabilities or expenses whatsoever in nature made by any third party due to or arising out of Member’s use of Membership Services, the violation of this TOU & Notices by Member, use of Member’s computer by Member or other persons resulting in infringement of any intellectual rights and other rights of any person or entity.
 
  6.2  
The provisions of this paragraph are for the benefit of the Sites and its officers, directors, employees, agents, shareholders, licensors and suppliers to KongSolo. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
 

7. LINKS TO THIRD PARTY SITES

 
  7.1  
KongSolo may contain links to third party Web sites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for the Sites to provide the Member Service. Such links and advertisements are provided to you only as a convenience. The Sites shall not be responsible if the Linked Website is not working appropriately. The Sites has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
 
  7.2  
Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that the Sites shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. The Sites has no responsibility or liability for any merchant or your relationship with such merchant.
 

8. DISCLOSURE AND CONFIDENTIALITY

    公開及保密條款

 
  8.1  
The Sites reserves the right to disclose any personal information about you or your use of the Member Service and without your prior permission if the Sites in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Sites or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
 
  8.2  
Any non-personal information or material sent to the Sites by you will generally NOT be treated as confidential.
 
  8.3  
For further details on use and disclosure of your personal information please see our Private Policy.
 

9. PROPRIETARY RIGHTS

    專利權

 

  [COPYRIGHT 版權]


  9.1  
KongSolo, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on KongSolo are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of KongSolo and Content found on KongSolo is strictly prohibited, without the Sites’s express and prior written consent. Any reproduction or redistribution of Member Service, and Content found on KongSolo, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
 
  9.2  
Elements of KongSolo, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
 
  9.3  
No logo, graphic, sound or image from KongSolo may be copied or retransmitted unless expressly permitted by the Sites.
 

  [GRANT OF LICENSE AND RESTRICTIONS 授權許可及限制]


  9.4  
You acknowledge and agree that KongSolo and any necessary software used in connection with KongSolo ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Sites reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
 
  9.5  
The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, use in connection with Member Service. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of any end user license agreement (“License Agreement”) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
 
  9.6  
You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
 
  9.7  
Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
 
  9.8  
Without limiting the provisions of Section 5 above, the Software is provided "as is," and the Sites hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
 

  [TRADEMARKS AND THIRD PARTY MATERIALS 商標及第三者的材料]


  9.9  
The Sites reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with the Sites. The Sites do not control or endorse the content of third party websites.
 

10. GENERAL

    一般條款

 
  10.1  
This TOU & Notices are governed by the laws of Hong Kong SAR, without reference to conflict of laws principles. Any dispute between you and the Sites regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Hong Kong SAR and you expressly waive all defenses to jurisdiction. You agree that KongSolo shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by the Sites in and from Hong Kong SAR.
 
  10.2  
This TOU & Notices contain the entire understanding between the parties hereto with respect to KongSolo, and supersedes all previous oral or written agreements or understandings between you and the Sites, and no advice or information, whether oral or written, obtained by you from KongSolo (whether before or after the date you accept this TOU & Notices) shall create any obligation or warranty on the part of the Sites not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Sites, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
 
  10.3  
The Sites’ performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of the Sites's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of KongSolo or information provided to or gathered by the Sites with respect to such use.
 
  10.4  
If any provision(s) of this TOU & Notices is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as much as possible, to give effect to the intentions of the parties as reflected in such provision(s) with the other provisions remaining in full force and effect.
 
  10.5  
The Sites’ failure to exercise or enforce any right or provision of this TOU & Notices shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Sites in writing.
 
  10.6  
In case there arises discrepancy in Chinese and English versions, the English version shall prevail.
Should you have any questions concerning this TOU, or if you desire to contact KongSolo.com for any reason, please visit our “Contact Us” section of KongSolo.