Thank you for visiting the AsiaXPAT.com Network. Please read the terms and conditions set forth below carefully as they contain the legal terms that govern your use of any Website or Web page operated (collectively "Website") or provided by AsiaXPAT.com. The terms and conditions may be modified by AsiaXPAT.com from time to time in its sole discretion so please return to the terms and conditions from time to time to review them. Your use of the Website means that you accept any and all changes. If you do not agree with any of the terms and conditions you may not use this Website.
You must be eighteen or over to register as a member of AsiaXPAT.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions in the Control Panel, or upon receipt by AsiaXPAT.com of your written or email notice of termination. AsiaXPAT.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to AsiaXPAT.com.
Non Commercial Use by Members
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Proprietary Rights in Content on AsiaXPAT.com
AsiaXPAT.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of AsiaXPAT.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site
- You understand and agree that AsiaXPAT.com may review and delete any content, messages, AsiaXPAT.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of AsiaXPAT.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of AsiaXPAT.com, you automatically grant, and you represent and warrant that you have the right to grant, to AsiaXPAT.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. AsiaXPAT.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- If patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Harasses or advocates harassment of another person.
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although AsiaXPAT.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, AsiaXPAT.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AsiaXPAT.com deems appropriate in its sole discretion.
Content on our sites
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.
Registration, Accounts and Passwords
Certain of the Services and related features made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Website, and (b) all activities that occur under such password or account. Further, you agree to notify AsiaXPAT.com of any unauthorized use of your password or account. AsiaXPAT.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
Forums and Content Submissions
By uploading materials to any chat board or forum available on an AsiaXPAT.com Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on an AsiaXPAT.com Site, you automatically grant (or warrant that the owner of such materials expressly grants) AsiaXPAT.com a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. AsiaPAT.com cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that AsiaXPAT.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
You are solely responsible for your interactions with other AsiaXPAT.com Members. AsiaXPAT.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
AsiaXPAT.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. AsiaXPAT.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. AsiaXPAT.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. AsiaXPAT.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will AsiaXPAT.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and AsiaXPAT.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AsiaXPAT.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Upon a request by AsiaXPAT.com, you agree to indemnify and hold harmless AsiaXPAT.com and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including legal fees and disbursements on a substantial indemnity basis, made by any third party due to or arising out of your conduct including content you submit, post to or transmit through the Website, your use of the Website, your violation of the terms and conditions or your violation of any rights of another.
AsiaXPAT.com reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under the terms and conditions by AsiaXPAT.com. The provisions of the terms and conditions survive the termination of your access to the Website. You are prohibited from terminating your rights and obligations under the terms and conditions.
Subscription / Fee based Services
Certain of the Services made available on an AsiaXPAT.com Site may be offered by AsiaXPAT.com on a payment basis (a "Pay Service"). Pay Services may be offered by AsiaXPAT.com on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. AsiaXPAT.com reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service
Limitations of Liabilities
IN NO EVENT WILL AsiaXPAT.com OR ITS AFFILIATES, OR ANY PERSON OR PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY SITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES) INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN AN ANY WAY RELATED TO THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE OR YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THE ABOVE SHALL APPLY EVEN IF ASIAXPAT.COM OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
AsiaXPAT.com RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE LIMITATIONS OF LIABILITIES APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASIAXPAT.COM OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ASIAXPAT.COM¹S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ASIAXPAT.COM¹S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ONE HUNDRED DOLLARS ($100.00) IN CANADIAN CURRENCY.
Choice of Law and Forum
This Agreement shall be governed solely by and construed in accordance with the laws of the Hong Kong Special Administrative Region, excluding its conflict of law rules. You expressly and irrevocably consent and agree to submit to the exclusive jurisdiction and venue of the courts in the Hong Kong Special Administrative Region in all disputes arising out of or relating to the use of the Website. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST ASIAXPAT.COM OR ITS AFFILIATES OR ANY THIRD PARTY RELATING TO THE WEBISTE, THESE TERMS AND CONDITIONS OR ANY RELATED MATER.