The content in the Site does not constitute an offer for sale of any products or services.
- THE WEBSITE CONTENT
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site or other channels, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this Site (collectively, the “Content“), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Worms Asia Limited, and its affiliated companies, licensors and suppliers. Worms Asia Limited actively protects its rights to the Content to the fullest extent of the law. Except as expressly granted to you under these Terms, you have no rights, including any claim for intellectual property or other proprietary rights, in the Site and Worms Asia Limited hereby reserves all rights not expressly granted to you. You must comply with all laws when using the Site as well as all applicable copyright, trademark or other legal notices or restrictions.
The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Site, including the removal or alteration of advertisements, except for limited rights of use granted hereunder, is strictly prohibited. You must not use such material for any purposes except as expressly permitted by these Terms or unless you have obtained a license from us, including for any commercial, personal or non-commercial use.
- USER GENERATED CONTENT AND INTELLECTUAL PROPERTY
The Site may include information and materials uploaded by other users of the Site who have consented to such disclosure (“User Content“). This User Content have not been verified or approved by us. The views expressed by users on our Site do not represent our views or values.
Except as expressly provided in these Terms, you retain intellectual property and other ownership rights that you (or your affiliated companies, licensors or suppliers) may or should have in such User Content, and information and materials which you upload on the Site will not be made available to other users without your consent.
Any User Content you upload to our Site and which you consent to be made available to other users on our Site will be considered non-confidential, and to this extent, non-proprietary. By posting your User Content on the Site, you automatically grant Worms Asia Limited, and its affiliated companies, licensors and suppliers a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and license to: (i) use, copy, edit, adapt, publish, translate, create derivative works from your User Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works; (ii) incorporate the same in other works in any forms, media or technologies now known or later developed. With your consent, we have the further right to make available, communicate and distribute your User Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works to third parties.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originates such User Content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that (i) you, your affiliated companies, licensors or suppliers own all rights to the User Content; (ii) you have the right to publicly post or privately transmit such User Content; and (iii) any User Content you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity or privacy, or any standing laws in the countries in which the Site operates.
Worms Asia Limited takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post on the Site.
We reserve the right to remove any posting and User Content you make on our Site for any reason without notice, including if, in our opinion, your post or User Content contains any illegal content or otherwise is in breach of applicable laws. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their rights, including their intellectual property rights, or their right to privacy. You are solely responsible for securing and backing up your content.
- LINKS TO OTHER WEB SITES AND SERVICES
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect changes in information concerning the products. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
- OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than [number of days] days after they are posted unless they become effective immediately for legal reasons. If you do not agree to the modified terms, you should discontinue your use of the Site.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
- DISCLAIMERS OF WARRANTIES
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Site is accurate, complete or up to date.
Worms Asia Limited does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
To the maximum extent permitted by law, the Content provided on this Site and this Site are provided “as is,” “as available,” and “with all faults”, without warranties, conditions, representations or other terms of any kind, whether express or implied, which may be applicable to the Content or this Site.
- YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information for accessing the Site as part of Worms Asia Limited security procedures, you must treat such information as confidential. You must not disclose it to any third party. Worms Asia Limited shall not be liable for any loss, liabilities or damages arising from the unauthorised access to the Site by any third party using your password or user identification code as a result of your failure to comply with your preceding sentence.
Worms Asia Limited has the right to disable any user identification code or password, whether chosen by you or allocated by the Site, at any time, if in Worms Asia Limited’s opinion, you have failed to comply with any of these Terms.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify Worms Asia Limited at firstname.lastname@example.org.
Worms Asia Limited may, in its sole discretion, terminate or restrict your use or access to the Site (or any party thereof) without prior notice and for any reason, including, but not limited to any violation of the Terms, any violation of the law or any third party’s rights. Upon termination for any reason, the permission to use the Site granted under Clause 1 will immediately terminate. Clauses 2-4, 6-7 and 9-11 will survive any termination.
- LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, in contract or in tort (including negligence), breach of statutory duty, or otherwise, shall Worms Asia Limited, or its affiliates be liable for (i) any direct, indirect, incidental, exemplary or consequential loss or damage; and in particular, (ii) loss of profits, sales, business, or revenues; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation, that may result from the use of, or the inability to use, the Content; unauthorized access to or alteration of your transmissions or data, the Content; any errors or omissions in the Content; any failure of performance, error, omission, interruption, deletion, defect and delay in operation or transmission; computer virus, file corruption, communication-line failure, network or system outage; theft, destruction, unauthorized access to, alteration of or use of any record, even if Worms Asia Limited or its affiliates are advised of the possibility of such loss or damage, or that such loss or damage is foreseeable by us. You specifically acknowledge and agree that Worms Asia Limited and its affiliates are not liable for any conduct of any user.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from its negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the applicable laws.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong“).
You and Worms Asia Limited hereto submit to the exclusive jurisdiction of the courts of Hong Kong to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant terms shall be deemed deleted. Any modification to or deletion of a Term under this paragraph shall not affect the validity and enforceability of the rest of these Terms, except as expressly stated.
Our failure or delay to exercise or enforce any right or remedy provided in these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only if in writing signed by Worms Asia Limited or its authorized representative.
These Terms will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns. No one other than the parties, their successors and permitted assigns, shall have any right to enforce any of these Terms.