NecesCity.com (hereinafter "the Guide") comprises a website and email newsletter as provided by NecesCity (hereinafter "NecesCity" or "we") for your personal and non-commercial enjoyment. By using this Guide, you agree to be bound by all of the terms and conditions of this Agreement (hereinafter “User Agreement”). We reserve the right to change the terms and conditions of this User Agreement or to modify any features of the Guide at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Guide, shall also be subject to this User Agreement. The most current version of the User Agreement can be viewed at any time on this Guide. Your use of this Guide constitutes your agreement to all such terms, conditions and policies. If at any time you choose to not accept these Terms and Conditions, please do not use this Guide.
Changes and Updates
NecesCity expressly reserves the right to modify, update, delete or discontinue, temporarily or permanently, the Guide (or any part thereof) with or without notice at any time and from time to time, at NecesCity’s sole discretion. NecesCity shall not be liable to you or any third party for any modification, suspension or discontinuance of the Guide.
Intellectual Property
NecesCity is the sole owner of all content in the Guide, including and without limitation, all patents, trademarks, and trade secrets, and other intellectual property right thereto. This Guide (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of Hong Kong and other jurisdictions. All individual articles, content and other elements comprising this Guide are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Guide. By posting content on the Guide, a user is giving NecesCity the right to display such content on the Guide and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.As this Guide is solely for your personal and non-commercial use, screens may not be reproduced, printed, or copied in any manner without NecesCity’s written consent. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Guide, except that you may download material from this Guide for your own personal use as follows: you may make one print copy that is limited to occasional articles saved in ‘MyNecesCity’ user account for personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Guide any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. As we are concerned about the integrity of our Guide when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Guide, neither you nor any third party shall make use of the contents of the Guide in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us. As for any linked sites found on this Guide, all intellectual property rights are the property of the respective content owner.
Disclaimer of Warranties
NecesCity makes no warranties or representations regarding the use or the results of the use of the materials in this Guide. Your use of the Guide and its services is at your sole risk. You, (and not NecesCity, or any of its agents) assume the entire cost of all use of the Guide and of any materials therein.This Guide is available “as is”, “where is” and “as available”. We do not make any warranties, express or implied, including but not limited those of merchantability and fitness for a particular purpose, with respect to this Guide or any information or goods that are available or advertised or sold through this Guide. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement or other material or database displayed on, uploaded to or distributed through this Guide or available though links in this Guide. We do not warrant that this Guide will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Guide. We reserve the right to correct any errors or omissions in this Guide. This disclaimer of liability applies to any damages or injury caused by the Guide, including without limitation as a result of any error, omission, deletion, or defect in the content, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alternation of or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.Although we intend to take reasonable steps to prevent the introduction of viruses, worms, Trojan Horses or any other contaminating or destructive materials to this Guide, we do not guarantee or warrant that this service or materials that may be downloaded from this Guide do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Guide and any materials available through this Guide, you do so solely at your own risk.We also make no warranty that the Guide will meet your requirements, the quality of any products, services, information, or other material purchased or obtained by you through the Guide will meet your expectations and any errors on the Guide will be corrected. No advice or information, whether oral or written, obtained by you from NecesCity or through or from the Guide or its advertisers shall create any warranty not expressly stated in the User Agreement.The Guide may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by NecesCity or by third-parties. Due to the number of sources from which content in this Guide is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on the Guide or through links is not adopted or endorsed by NecesCity and remains the responsibility of such third parties.
Limitation of Liability
Under no circumstances shall NecesCity its officers, directors, employees, shareholders, partners, agents, sponsors, advertisers, licensors, parents, affiliates, successors or assigns be liable for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the Guide, or from the interruption, suspension, or termination of the Guide (including such damages incurred by third parties), the performance or non-performance of the Guide, even if NecesCity or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort (including negligence), or otherwise, including without limitation to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation of liability shall also apply to any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Guide, any information or merchandise that appears on, or is linked or related in any way to, the Guide, damages incurred by reason of other services or goods received through or advertised on the Guide or received through any links provided in the Guide or its advertisers, as well as by reason of any information or advice received through or advertised on the Guide or received through any links provided in the Guide. Without limiting the foregoing, under no circumstances shall NecesCity be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, and non-performance of third parties.Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Indemnity
You agree to indemnify and hold harmless NecesCity, its officers, directors, employees, shareholders, partners, agents, sponsors, advertisers, licensors, parents, affiliates, successors, or assigns from and against all losses, liability, claim, demand, expenses, damages or costs, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your use or misuse of the Guide, including your use of the Guide to provide a link to another site, upload content or other information in the Guide, posting, publishing, e-mailing, reproduction, distribution, or transmission of any content or other materials or any violation of this User Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Links
NecesCity is not responsible for the availability or content of other services that may be linked to this Guide. As NecesCity has no control over such external websites and resources, you acknowledge and agree that NecesCity is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that NecesCity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns to that site's administrator or webmaster. NecesCity reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to such external websites or resources and/or introduce different features or links to different users.
Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Guide and its services, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that NecesCity shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Guide.
Contests, Promotions, Simulations or Games
From time to time, NecesCity may offer either on or through the Guide, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of NecesCity. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. NecesCity, at its sole discretion, may suspend or revoke the registration of any Registered User.Registered Users agree to release NecesCity and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Guide. NecesCity is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Guide, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. NecesCity is under no obligation to award any prize to any Registered User who violates a published rule or guideline. Where Games offer prizes to Registered Users, all prizes are subject to the official game or contest rules published with that Game.NecesCity reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
