The use of this website of Cyberphage Limited (below referred to as “OwlGaze”) is carried out according to the Terms of Use expressed here. Please read these Terms of Use carefully before using our website. Usage of the OwlGaze website is conditional upon you agreeing to be bound by these terms and conditions. By accessing, browsing and/or using this website (“Site”), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. OwlGaze may, in its sole discretion and without notice, revise these terms at any time. So, please check back from time to time
- Copyrights
The copyright in all materials provided on this Site is held by OwlGaze or by the original creator of the material. All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of OwlGaze or the copyright owners and is protected by Hong Kong and international copyright laws. None of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of OwlGaze or the copyright owner. All rights not expressly granted are reserved.
- Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) used and displayed on this Site are the registered and unregistered Trademarks of OwlGaze and its licensors. The name OwlGaze and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from OwlGaze or its Trademarks owners. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other OwlGaze intellectual property displayed on this Site. OwlGaze also prohibits use of OwlGaze and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by OwlGaze in writing.
- Use of site content
OwlGaze hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on this Site (the “Site Content”) on a single computer solely for your personal or internal business use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without prior written consent by OwlGaze.
- User postings
You acknowledge and agree that OwlGaze shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (the “Submissions”), and you hereby waive any claims against OwlGaze for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with OwlGaze use and publication of the Submissions. This means that anything submitted by you to this Site will be owned by OwlGaze and may be used by OwlGaze for any purpose, now or in the future, without any payment to, or further authorization by you. In the event OwlGaze’s ownership of such Submissions is successfully contested, you automatically grant OwlGaze a perpetual, royalty-free, non-exclusive, sublicensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. OwlGaze expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post or otherwise publish on this Site any materials that (a) are threatening, libellous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. OwlGaze does not and cannot review all information posted to this Site by users and is not responsible for such information. However, OwlGaze reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
- Notices of infringement and takedown
OwlGaze prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this Site, please notify OwlGaze of your copyright infringement claim in accordance with the following procedure:
- identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, and daytime telephone number, and an e-mail address if available;
- a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
- the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
The notifications of claimed copyright infringement should be sent to:
OwlGaze
36/F, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong
info@owlgaze.com
+852 3611-0130OwlGaze will process notices of alleged infringement which it receives and will take appropriate action upon receipt of such a statement. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Disclaimers
The content and functionality on this site is provided with the understanding that OwlGaze is not herein engaged in rendering professional advice and services to you. All content and functionality on this site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. OwlGaze and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. OwlGaze shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the site, or provided by third parties. Neither OwlGaze nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
- Third-party websites
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. OwlGaze has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.
- Limitation of liability
Under no circumstances shall OwlGaze or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this site or the information contained on this site or obtained from your use of this site, including for viruses alleged to have been obtained from the site, even if OwlGaze has been advised of the possibility of such damages. In no event shall OwlGaze’s or any of its predecessors’, successors’, parents’, subsidiaries’, affiliates’, officers’, directors’, shareholders’, investors’, employees’, agents’, representatives’ and attorneys’ and their respective heirs’, successors’ and assigns’ 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 $1. some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
- Indemnification
You hereby indemnify, defend, and hold harmless OwlGaze and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Terms of Use or the representations, warranties, and covenants you have made by agreeing to this Terms of Use. You shall cooperate as fully as reasonably required in the defense of any such claim. OwlGaze reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- Governing law and jurisdiction
These Terms are governed by the laws of the Hong Kong Special Administrative Region without reference to the principles of conflicts of laws thereof. You expressly agree that exclusive jurisdiction resides in the courts of the Hong Kong Special Administrative Region. You further agree and expressly consent to the exercise of personal jurisdiction in the Hong Kong Special Administrative Region in connection with any dispute or claim involving OwlGaze. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
