Terms and Conditions of Use
Last Updated: 5 April 2012
Please read these Terms and Conditions of Use carefully before you use this website www.aaa.org.hk (the ‘Site’), whether as a guest or registered user (‘User’). By accessing and/or using the Site, you accept and agree to abide by the following terms and conditions (‘the Agreement’). Asia Art Archive (AAA) may revise these Terms from time to time; you are responsible for checking this page when you visit the Site to ensure that you are familiar with the most recent Terms and Conditions of Use.
(note: A copy of this document in PDF is available here.)
1. Limited Agreement
2. Permitted Uses
3. You May Not …
4. Security Maintenance on the Site
5. My Archive Account Profile Page
6. Termination of Inactive My Archive User Account
8. Limited Warranty & Disclaimer of Liability
9. Notice: User-Generated Content Disclaimer
AAA’s website consists of online publications and electronic databases containing ‘Contents’ (as defined herein) in conjunction with software and other electronic tools that are designed to permit you to access, use, reference, and conduct research into such Contents for limited purposes.
- Contents include all images, cataloguing and other texts, graphics, and all other materials incorporated into AAA’s website, including Contents selected by AAA.
- AAA hereby grants you a limited, nonexclusive license to access and use the Site, and to use the material here solely in accordance with these Terms and Conditions of Use. You may not sublicense, assign, or transfer the Agreement, and any attempt at such sublicense, assignment, or transfer is void.
You may access or display the Contents in the Site. Unless otherwise indicated in relation to specific elements of the Site, you are free to:
- Share—to copy, transmit, and make available the Contents of this Site for your personal and/or educational reference. You may not modify the Contents of any material you share in any way and you may not share any Contents separately from any accompanying text—under the following conditions:
- Attribution—you must give acknowledgement or credit to the respective copyright owner(s) and acknowledge AAA for making the material accessible. You must also keep all attributed information intact (but not in any way suggests that those attributes endorse you or your use of the Site or its Contents).
- Non-commercial use—the Site and its Contents can be used by public Users for non-commercial, scholarly, and educational uses set forth herein. Commercial use (including displays, performances, reproductions, and distributions) of the Site and its Contents are strictly prohibited.
- Use the Site, or use, display, make performances with, reproduce, or distribute Contents from the Site, for any commercial purpose whatsoever, including but not limited to fee-for-service use of the Site. Neither may you make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; Distribute and/or make available Contents in the Site to persons other than as expressly permitted herein;
- Provide and/or authorise access to the Site’s electronic database, such as through passwords, to persons or entities other than authorised Users;
- Download or print, or attempt to download or print, substantial portions of the Site;
- Incorporate Contents into print or electronic materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press);
- Use (including reproduction, distribution, display or making a performance of) the Site in any way that may infringe another’s Intellectual Property Rights;
- Make any adaptation or modification of, or any derivative work from Contents;
- Attempt to override, circumvent, or disable any encryption features or software protections employed in the Site;
- Post, transmit or otherwise distribute any virus, worm, or other code that may be damaging to software or hardware;
- Advertise on the Site.
- You are responsible to for maintaining the confidentiality and security of your Username and/or password (if such are provided), and for all usage or activity by you of the My Archive feature, and you hereby agree not to provide access to the feature to anyone else.
- A User should not obtain multiple My Archive accounts by using proxy or anonymous remailer.
- AAA reserves the right to remove or block the access of a User (registered or not) to the Site, if the User has breached any sub-clause in this Agreement.
When you register for a My Archive account, a profile page will automatically be created for you and certain Registration Data will automatically be pre-popolated in your profile page, including User name, your registration email, and the date you registered as a My Archive User.
- You may choose to add information (such as interests, personal description, and location) to or delete certain information from your profile page, but your Username and the date you registered as a My Archive User are required information for your profile page.
- Your profile page will also automatically display activities hosted by AAA and any text (tag and/or comments) you have submitted via the My Archive Services.
The amount of storage space and bandwidth per registered User may be limited. AAA may periodically alter the amount of storage space and/or bandwidth allocated to Users, at its discretion.
- Your My Archive account may be terminated and/or deleted from AAA’s system if it remains inactive for a period of 365 days or more. In the event of the suspension or deletion of an account, materials (whether submissions or other communications) may no longer be accessible by the User.
- You agree that AAA is not responsible or liable for the deletion or failure to store, serve, or process any materials or other information.
AAA and its service providers make diligent efforts to maintain Services. Users access and use the information available on the Site and the materials accessible on the Internet at their own risk. The Contents of the Site has been compiled from a variety of sources and is subject to change without notice.
- AAA, its employees and agents do not warrant that the Site will be available, uninterrupted or error free, or that the Information or the Site are free from viruses and other harmfol components.
- AAA and its service providers are not responsible for any defects or failures associated with the Site or any damages (such as lost profits or other consequential damages) that may resolt from any such defects or failures.
Except to the extent required by applicable law, in no event will AAA be liable on any legal theory for any special, incidental, consequential, punitive, or exemplary damage arising out of this Agreement or the use of the Site and its Contents. In particolar, it will not be liable for the following:
- accuracy, completeness, etc. of the Site or its Contents;
- any infringement of privacy, publicity, or other rights;
- any use by third parties that goes beyond the rights expressed in these Terms and Conditions of Use.
- If a User discovers any image or information on this Site that shoold not be published, please contact AAA’s webmaster at firstname.lastname@example.org.
- AAA disclaims all liability for any direct, indirect, consequential, and/or incidental loss and damages, business interruptions, and loss of profit arising from all use of the Site including without limitation the User’s reliance on the information on the Site.
AAA does not and cannot review all submissions posted to or created by Users accessing the Site, and is not in any manner responsible for the content of comments or tags, or the activities of Users of the Site.
- You acknowledge that by providing you with the ability to view and distribute User-generated content throughout the Site, AAA is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability related to the content or the Users' activities.
- Accordingly, AAA does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content.
Notwithstanding the foregoing, AAA reserves the right to monitor some, all, or no areas of the channels, groups, tags, and comments for adherence to the conditions of use in this document; and to remove or block any content from the Site at any time for any reason, which may include but is not limited to:
- The receipt of claims or allegations from third parties or authorities relating to such content; or
- The determination that the content is:
abusive, defamatory, or obscene;
- fraudolent, deceptive, or misleading; or
- in violation of a copyright, trademark, patent, trade secret, intellectual property right, or other rights of another; or
- offensive or otherwise unacceptable to AAA, in its sole discretion.