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11. The Use of the Site Is At Your Risk

You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.
We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you Post to, maintain on or use with the Site.
If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

12. Limitation of Liability

To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the Content is limited to 100 Hong Kong dollars.
To the extent permitted by law no party involved in creating, producing, or delivering the Site or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

13. Cancellation

Where you are required to register with us, you may cancel such registration at any time by notifying us.
We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
When your registration is cancelled, you may no longer have access to Content you have Posted to, or which you keep on or via, the Site, and we may delete such material.
The provisions of these terms and conditions entitled "Use of the Site is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.

14. Notices

We will give you any necessary notices by posting them on the Site. You agree:
to check the Site for notices; and
that you will be considered to have received a notice when it is made available to you by posting on the Site.

15. General Provisions

If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This agreement will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.

16. Definitions

Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

any law, rule or regulation of any country (or political sub-division of a country);
any obligation under any licence in any country (or political sub-division of a country); and
any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
We or us means 26FUN.COM
Posted: 2008-3-26 03:37:38 PM
Posted: 2008-3-26 03:37:54 PM
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