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HomeStation Terms of Use
Date 11 Jan 2007
This
agreement (the "Agreement") is entered into by and between you ("you") and
Homestation Property Agency Limited, (hereinafter referred to as "HomeStation") regarding your use
of the Hot News and HomeStation Property Agency Services (the "Services"). By using the Services,
you are entering into this Agreement with HomeStation and indicating that you agree to be bound
by these terms and conditions. If you do not agree with these terms and
conditions as originally stated, please do not use the Services.
| 1. |
Rights
Associated with the Services. The Services are designed to help
you find news information that resides on sites not owned or controlled
by HomeStation. In particular, the Services provide brief descriptions
of news stories to help you identify the stories of interest to you.
When you select a story that appears to be interesting, you will be
linked to the news site on which that story appears. HomeStation owns and
retains all intellectual property rights to the Services; but HomeStation
does not claim ownership rights to the full news stories, which are
instead held by the sites to which the Services link.
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| 2. |
Use
of the Services. You may only display the content of the Services
for your own personal use (i.e., non-commercial use) and may not otherwise
copy, reproduce, alter, modify, create derivative works, or publicly
display any content. For example, you may not do any of the following:
use the Services to sell a product or service; use the Services to increase
traffic to your Web site for commercial reasons, such as advertising
sales; take the results from the Services and reformat and display
them, or mirror any portion of the results on your Web site; or use
the Services as part of a "meta-search" offering. You also agree that
you will not use any robot, spider, other automated device, or manual
process to monitor or copy any content from the Services. If you are
uncertain whether your intended use of the Service is permissible,
please contact us. In addition, HomeStation shall have the right in its
sole discretion to suspend or terminate the Services or your access
to it.
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| 3. |
No Warranty.
HomeStation makes no warranty of any kind and you use the Services at your own risk.
HomeStation expressly disclaims any warranty, express or implied, regarding the Services,
including any implied warranty or merchantability, fitness for a particular purpose
or non-infringement.
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| 4. |
Limitation
of Liability.
Under no circumstances will HomeStation be liable to you for any indirect, incidental,
consequential, special or exemplary damages arising out of or in connection with use
of the Services whether or not you have been advised of the possibility of such damages.
Under no circumstances shall HomeStation be liable to you for any amount for Services
rendered pursuant to this Agreement.
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| 5. |
Hold
Harmless and Indemnity. You agree to hold harmless and indemnify
HomeStation, and its employees, agents and representatives, from and against
any third party claim arising from or in any way related to your use
of the Services, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature.
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| 6. |
Release
and Waiver. To the maximum extent permitted by applicable
law, you hereby release, and waive all claims against HomeStation and its
employees and agents from any and all liability for claims, damages
(actual and consequential), costs and expenses (including litigation
costs and attorneys' fees) of every kind and nature, arising out of
or in any way connected with use of the Services.
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| 7. |
Modifications
of Terms. HomeStation shall have the right to modify the terms
of this Agreement at any time, which modification shall be effective
immediately upon posting. Accordingly, we suggest that you check this
page periodically. To make your review more convenient, we will post
a version number or date at the top of this page.
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| 8. |
Miscellaneous.
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be deemed superseded by a valid enforceable provision
that most closely matches the intent of the original provision and
the remaining provisions shall be enforced. HomeStation's failure to act
with respect to a breach by you or others does not waive HomeStation's
right to act with respect to subsequent or similar breaches. The failure
of HomeStation to exercise or enforce any right or provision of these terms
and conditions shall not constitute a waiver of such right or provision.
Any dispute or claim arising out of or in connection with this Agreement
shall be adjudicated in Hong Kong Special Administrative Region. Notwithstanding
any provision hereof, for all purposes of this Agreement each party
shall be and act as an independent contractor and not as partner,
joint venturer, agent, employee or employer of the other and shall
not bind nor attempt to bind the other to any contract. This Agreement
constitutes the entire agreement between HomeStation and you with respect
to the subject matter hereof. |
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