PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including the Legal & Financial Media Limited Privacy Policies) will mean you accept those changes.
Copyright - Restrictions on Use of Materials
This site is operated by Legal & Financial Media Ltd. and its affiliates, (collectively referred to as "Legal & Financial Media”, "we," "us," or "our" herein). No material from Us or any website owned, operated, licensed, or controlled by Us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Our copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Us.
In the event you download any permitted content or software from the site, the content or software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Us. We do not transfer title to the Software to you.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Legal & Financial Media site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from Us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of these terms or otherwise.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein. Save and except as provided hereinabove in the preamble to this Terms of Service, this agreement shall not be modified except in writing, signed by both parties.
These terms shall be governed by Hong Kong law and you shall submit to the non-exclusive jurisdiction of the Hong Kong SAR courts.
By using this website you agree to these terms and to the disclaimer and limitation of liability below. If you do not agree to these terms please leave the site immediately.
1. You have a non-exclusive licence to search and view the materials on a Legal & Financial Media Ltd. website (collectively referred to as "Legal & Financial Media”, "we," "us," or "our" herein) for personal and employer information, browsing and research purposes, and for evaluating whether you wish to subscribe to a Legal & Financial Media online / web service you are using.
2. If you are a Trial or Guest User, during the trial period and in respect of the service(s) that you are trialling, you undertake that you will not:
a. Download to a local machine, network or disk any materials from the site and save them in electronic form
b. Copy and paste any materials from the site
c. Make, print out, or copy of any materials from the site
d. Modify any materials from the site
3. Once you have logged into a Service as a trial or guest user, you are responsible for immediately reading the online service terms and conditions. You agree to, and accept the online service terms and conditions other than terms and conditions of payment. Should you not accept the online service terms and conditions, you are obligated to log out of the service immediately and inform Us of your decision not to accept the terms and conditions by sending an email to firstname.lastname@example.org titled "Terms Not Accepted."
3. DISCLAIMER – FOR ALL USERS
The materials in the site are provided “as is” and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Legal & Financial Media and its contributors disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Legal & Financial Media do not warrant that the features and/or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Legal & Financial Media and its contributors do not warrant or make any representations regarding any actions (or lack thereof) taken as a result of relying on the site, or the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Legal & Financial Media Ltd) assume the entire cost of all necessary correction and changes.
4. LIMITATION OF LIABILITY – FOR ALL USERS
Under no circumstances, including, but not limited to, negligence, shall Legal & Financial Media Limited be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Legal & Financial Media Limited or a Legal & Financial Media Ltd. authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Legal & Financial Media Limited’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you for any 12 month period, if any, for accessing this site.
5. CONTRIBUTOR / SUBMISSION TERMS
Contributor Terms / Submission Terms
The following terms and conditions apply for the submission of any content to Legal & Financial Media Ltd.
1. Your Work with Legal & Financial Media Ltd. (the “Publisher”):
1.1 You have agreed to submit articles, updates, case judgments, drafting notes, model contracts and/or other content (“Your Content”) to Publisher according to a schedule (if any), number or frequency so agreed. By submitting Your Content to Publisher, you are deemed to have accepted these terms;
1.2 You shall be credited as the contributor and author or editor as the case may be of Your Content;
1.3 Your name, firm or company name, contact details and where possible, firm or company logo shall appear with Your Content and on any web page displaying Your Content. Where the title of Your Content appears on a Publisher web page, your name and firm or company name will appear, other than in Publisher online search engine results, where the title or only part of the title may appear;
1.4 Publisher agrees not to modify Your Content without first notifying You. Modification shall not include changing the title or description of Your Content, primarily for space limitation reasons, and general grammatical changes to improve the copy. You shall receive notification of the final publication ready version;
1.5 Your name and firm name may be included in marketing materials by the Publisher. Publisher will notify You of such inclusion in advance.
2. Consideration, Rights.
2.1 You agree to grant to Publisher the irrevocable publishing right to Your Content and all revisions and updates thereof (if any), to reproduce and distribute Your Content, including translations and derivative works, throughout the world in printed, electronic or any other medium, in all languages, for unlimited duration, and in turn to licence, authorise and assign others to do the same.
2.2 For the editing and submission of model contracts and drafting notes, you agree to grant to the Publisher the exclusive irrevocable right and copyright according to Clause 2.1 of these terms. For Overviews and Notes, you agree to grant the Publisher the exclusive irrevocable publishing right (but not copyright) other than self-publishing including Your firm website and Your LinkedIn page.
2.3 The Publisher may require the exclusive irrevocable publishing right for the submission of articles and updates, and if so, will specifically agree this with You.
2.4 You agree to the assignment of this agreement and the rights herein by the Publisher.
2.5 For Vietnam, if You are a content partner having signed the Content Partner Form, You agree that you will not replace or cancel your Vietnamlaws.com subscription for the duration of your Content Partner participation, if any.
3. Author Responsibilities.
3.1 You promise that Your Work will be your original work or that of Publisher, not previously published other than by Publisher and not currently under consideration by another publication unless you have so stated or known to You and Publisher, and that you have the full right and authority to agree to these terms and to grant the rights to Publisher. If your work contains material which is someone else’s copyright, you promise to inform Publisher of this fact and state that you have obtained the unrestricted permission of the copyright owner and that the material is clearly identified and acknowledged within the text.
3.2 Infringement. You promise that Your work will not contain anything which is libelous, illegal, or infringes anyone’s copyright or other rights.
3.3 Accuracy. You promise that Your work will be accurate and current to the date submitted to the Publisher or other date specified at the time of submission, and of the quality that both you and Publisher expect.
4. Confidentiality. The Publisher and You both agree not to disclose any confidential information of the other party (including all documents, correspondence, business know-how, and communication), without the others written consent during the term of Your co-operation, submissions or agreement with the Publisher ("agreement") and for one year from the concluding date of any Agreement. Neither Party shall allow any third party to acquire, through permission or omission, any of the confidential information by disclosure, notice, announcement, publication, transmission, transfer or by other means. Work submitted by You for publication shall be treated as confidential information until such Work is approved by You for publication.
5. Applicable Law.
5.1 This Agreement shall be governed by, and construed in all respects in accordance with, the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”).