Provision of Service & Data
All services offered on the Website ("Services") shall, unless explicitly stated otherwise, be subject to these terms and conditions. You understand and agree that EYEBOOT assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services.
You understand that the technical processing and transmission of the Services may involve :
a. transmissions over various networks; and
b. changes to conform and adapt to technical requirements of connecting networks or devices.
EYEBOOT shall, accordingly, in no circumstances, be liable for any failure of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access.
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to :
a. provide true, accurate, current and complete personally identifiable information about yourself as required;
b. provide true, accurate, current and complete information about any contents posted or offered by you through any Websites ("Other Information"); and
c. maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete.
If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or EYEBOOT has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, EYEBOOT has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions before using any of the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. EYEBOOT presumes that every User of the Websites has the requisite capacity required for any use of any of the Services and, by using any of the Services, you undertake and warrant to us that you have the requisite capacity. EYEBOOT is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, EYEBOOT reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Website.
Account PIN & Password
You will receive a password and/or Personal Identification Number ("PIN") upon completing our on-line registration form. You are responsible for maintaining the confidentiality of the said passwords and PIN, and are fully responsible for all activities that occur under those passwords or PIN. You agree to
a. immediately notify EYEBOOT of any unauthorized use of your passwords or PIN or any other breach of security; or
b. ensure that you exit from your passwords or PIN at the end of each visit to the Websites. EYEBOOT cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 9 or your use of any digital or electronic certificates in connection with the Services.
You acknowledge that the said passwords and PIN are confidential and must not be disclosed to any other person(s) under any circumstances. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to EYEBOOT for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said passwords and PIN. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with those passwords and PIN shall constitute and be deemed the use of the Services by you. You shall notify EYEBOOT immediately of any actual or possible unauthorised use of those passwords and PIN and shall confirm the same in writing without delay to EYEBOOT. Until EYEBOOT has received such written confirmation you shall have no claim against EYEBOOT and shall be liable to EYEBOOT for all losses and damages incurred by EYEBOOT in respect of any use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of EYEBOOT is to verify those passwords and PIN and EYEBOOT shall not be liable in respect of:
a. any loss or damage suffered by you or any other person as a result of any failure to effect or execute instructions through various electronic delivery channels or perform any obligation thereunder where such failure is attributable either directly or indirectly to any circumstances or events outside our control: and
b. any other loss or damage whatsoever suffered by you or by any other person as a result of any instructions through various electronic delivery channels given with the correct password and/or PIN.
Modifications of Services
EYEBOOT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that EYEBOOT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATION REGION. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE COURTS LOCATED IN HONG KONG, SAR AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
If any provision of these terms shall be deemed 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. The preceding terms and conditions represent the entire agreement between EYEBOOT and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof.