·þÎñÌõ¿î
The EZU Web Site (the "Service")
is an online information and communications service
provided by EZU Rentals Limited ("EZU"),
subject to your compliance with the terms and
conditions set forth below including, all exhibits
hereto.
"EZU" design are registered trademarks
of EZU in the Hong Kong States and other countries.
Other marks which appear on this Web site may
be marks of third parties that are not affiliated
with EZU. EZU and its affiliates do not control or endorse the content
of third party Web sites.
Please read this Agreement
carefully before accessing or using the Service.
By accessing or using the Service, you agree to
be bound by the terms and conditions set forth
below. If you do not wish to be bound by these
terms and conditions, you may not access or use
the Service. EZU
may modify this Agreement at any time, and such
modifications shall be effective immediately upon
posting of the modified Agreement. You agree to
review the Agreement periodically to be aware
of such modifications and your continued access
or use of the Service shall be deemed your conclusive
acceptance of the modified Agreement.
|
1. |
Operating Policies.
You agree to comply with the Operating Policies
set forth in Exhibit A (as they may be amended
by EZU from time to time), which are the
rules that govern your activity in connection
with the Service. EZU
has the right but not the obligation to
remove any communications and materials
that EZU believes in its sole discretion
violate the Operating Policies.
|
|
2. |
Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the
copyright laws of the Special Administrative
Region of Hong Kong ("Hong Kong")..
The owner of the copyright is EZU. You may
print and download portions of material
from the different areas of the Service
solely for your own non-commercial use.
You may make: (a) one machine readable copy,
(b) one backup copy, and (c) one print copy
of any portions of material downloaded from
the different areas of the Service solely
for your non-commercial use. Any other copying,
redistribution, retransmission or publication
of any downloaded material, is strictly
prohibited without the express written consent
of EZU or any third party information provider
to the Service. You agree not to change
or delete any proprietary notices from materials
downloaded from the Service. You agree to
grant to EZU a non-exclusive, royalty-free,
worldwide, perpetual license, with the right
to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly
display and publicly perform any materials
and other information (including, without
limitation, ideas contained therein for
new or improved products and services) you
submit to public areas of the Service (such
as bulletin boards, forums and newsgroups)
by all means and in any media now known
or hereafter developed. You also grant to
EZU the right to use your name in connection
with the submitted materials and other information
as well as in connection with all advertising,
marketing and promotional material related
thereto. You agree that you shall have no
recourse against EZU for any alleged or
actual infringement or misappropriation
of any proprietary right in your communications
to us. |
|
3. |
Use
of the Service. You understand that, except for information, products or services
clearly identified as being supplied by
EZU, EZU
does not operate, control or endorse any
information, products or services on the
Internet in any way. Except for EZU-identified
information, products or services, all information,
products and services offered through the
Service or on the Internet generally are
offered by third parties that are not affiliated
with EZU. You also understand that EZU cannot and does not guarantee or warrant that files available
for downloading through the Service will
be free of infection or viruses, worms,
Trojan horses or other code that manifest
contaminating or destructive properties.
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 the Service for the
reconstruction of any lost data. You
assume total responsibility and risk for
your use of the Service and the Internet.
EZU
does not make any express or implied warranties,
representations or endorsements whatsoever
(including without limitation warranties
of title or noninfringement, or the implied
warranties of merchantability or fitness
for a particular purpose) with regard to
the Service, any merchandise, information
or service provided through the Service
or on the Internet generally, and EZU
shall not be liable for any cost or damage
arising either directly or indirectly from
any such transaction. It is solely your
responsibility to evaluate the accuracy,
completeness and usefulness of all opinions,
advice, services, merchandise and other
information provided through the Service
or on the Internet generally. EZU
does not warrant that the Service will be
uninterrupted or error-free or that defects
in the Service will be corrected. The Service
and any software made available on the Service
are provided on an "as is, as available"
basis.
You
understand further that the Internet contains
unedited materials some of which are sexually
explicit or may be offensive to you. You
access such materials at your risk. EZU
has no control over and accepts no responsibility
whatsoever for such materials.
In no event will EZU be liable for (I) any incidental, consequential, or indirect
damages (including, but not limited to,
damages for loss of profits, business interruption,
loss of programs or information, and the
like) arising out of the use of or inability
to use the Service, or any information,
or transactions provided on the Service
or downloaded or hyperlinked from the Service,
even if EZUor
its authorized representatives have been
advised of the possibility of such damages,
or (II) any claim attributable to errors,
omissions, or other inaccuracies in the
Service and/or materials or information
downloaded through, or hyperlinked from,
the Service. because some states do not
allow the exclusion or limitation of liability
for consequential or incidental damages,
the above limitation may not apply to you.
In such states, EZU's liability is limited to the greatest extent permitted
by law.
|
|
4. |
Indemnification.
You agree to indemnify, defend and hold
harmless EZU, its officers, directors, employees, agents, licensors,
suppliers and any third party information
providers to the Service from and against
all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting
from any violation of this Agreement by
you. |
|
5. |
Third Party Rights.
The provisions of paragraphs 3 (Use of the
Service), and 4 (Indemnification) are for
the benefit of EZU
and its officers, directors, employees,
agents, licensors, suppliers, and any third
party information providers to the Service.
Each of these individuals or entities shall
have the right to assert and enforce those
provisions directly against you on its own
behalf. |
|
6. |
Term; Termination. This
Agreement may be terminated by either party
without notice at any time for any reason;
provided that you may no longer use the
Service after you have terminated this Agreement.
The provisions of paragraphs 2 (Copyright,
Licenses and Idea Submissions), 3 (Use of
the Service), 4 (Indemnification), 5 (Third
Party Rights) and 7 (Miscellaneous) shall
survive any termination of this Agreement.
|
|
7. |
Miscellaneous. This
Agreement shall all be governed and construed
in accordance with the laws of Hong Kong
applicable to agreements made and to be
performed in Hong Kong. You agree that any
legal action or proceeding between EZU and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be
brought exclusively in a federal or state
court of competent jurisdiction sitting
in Hong Kong. Any cause of action or claim
you may have with respect to the Service
must be commenced within one (1) year after
the claim or cause of action arises or such
claim or cause of action is barred. EZU's
failure to insist upon or enforce strict
performance of any provision of this Agreement
shall not be construed as a waiver of any
provision or right. Neither the course of
conduct between the parties nor trade practice
shall act to modify any provision of this
Agreement. EZU
may assign its rights and duties under this
Agreement to any party at any time without
notice to you. |
Exhibit
A
Operating Policies
Your participation in on-line
communications occurs in real time and is not
edited, censored, or otherwise controlled by EZU.
EZU cannot and does not screen content provided by users of
the Service. Notwithstanding the foregoing, EZU reserves the right to monitor content on the Service and
to remove content which EZU,
in its sole discretion, determines to be harmful,
offensive, or otherwise in violation of these
Operating Policies. In order to maintain an informative
and valuable service that meets the needs of the
users of the Service and avoids the harm that
can result from disseminating statements that
are false, malicious, violate the rights of others,
or otherwise harmful, it is necessary to establish
the following rules to protect against abuse:
(i)
|
Unless you are participating in an area of the Service that requires
or encourages anonymity, use your real name
in online communications. |
(ii)
|
You may not post or transmit any message which is libelous, defamatory
or which discloses private or personal matters
concerning any person. You may not post
or transmit any message, data, image or
program which is indecent, obscene or pornographic.
|
(iii)
|
You may not post or transmit any message, data, image or program
that would violate the property rights of
others, including unauthorized copyrighted
text, images or programs, trade secrets
or other confidential proprietary information,
and trademarks or service marks used in
an infringing fashion. |
(iv)
|
You may not interfere with other users use of the Service.
|
(v)
|
You may not post or transmit any file which contains viruses,
worms, "Trojan horses" or any
other contaminating or destructive features.
|
(vi)
|
You may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's
intent to discourage you from taking controversial
positions or expressing vigorously what
may be unpopular views; however, EZU
reserves the right to take such action as
it deems appropriate in cases where the
Service is used to disseminate statements
which are deeply and widely offensive and/or
harmful. |
(vii)
|
You may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating
to pyramid schemes. You may not post or
transmit any advertising, promotional materials
or any other solicitation of other users
of the Service for goods or services except
in those areas (e.g., a classified bulletin
board) that are designated for such purpose.
|
(viii)
|
You may not post or list articles which are off-topic according
to the description of the group or list
or send unsolicited mass emailings to 10
people or more if such e-mail could reasonably
be expected to provoke complaints from its
recipients. |
(ix)
|
You may not use the facilities and capabilities of the Service
to conduct any activity or solicit the performance
of any illegal activity or other activity
which infringes the rights of others.
|
|