Disclaimer

By using this website (the “Site”), you agree to the terms and conditions set forth by us (the “Spear Group”) (ie “You” or “End User”). If you do not agree with the terms and conditions (ie “Disclaimer” or “Agreement”), please stop using this website.

Spear Group reserves the right to make changes on any terms and / or privacy policy (which will be cited and constitute part of this document) if necessary and appropriate, without giving out prior notice. Therefore, a regularly view on this disclaimer is recommended. If you continue to use this site upon any changes on terms hereby, you are deemed as agree to those terms.

I. Terms of Use

1. Definitions

“Spear Group” provides business information services on ExperionXon.com (“Network”) via the Internet, which is operated by Spear Group Limited (“Spear Group”). Spear Group means Spear Group, its subsidiaries as well as its affiliates.

2. General Terms

The terms and conditions set forth in this Agreement shall apply to the all End Users on this site. By using this website, the End User agrees to comply with all terms and conditions of this Agreement. The right to use this website may not be transferred to any other person or entity. It is the responsibility of the End User to keep the account ID and password private.

The End User acknowledges that even if the Internet is safe, there may be occations where service is interrupted which is beyond Spear Group’s control. Spear Group is not responsible for any data lost during transmission over the Internet. Although Spear Group aims to provide surveillance service on the website 24/7, still, maybe for any reason, including but not limited to routine maintenance, becomes occasionally unavailable. You understand and confirm that your service may occasionally be interrupted, suspended, or terminated that may be attributed to reasons within or beyond Spear Group’s control.

Spear Group reserves the right to change or terminate any of the services and features on the Site at any time, including, but not limited to, the content, service availability as well as the equipments that is required to browse or use the Site. In addition, the Spear Group may stop propagating information or any part thereof, may change or stop using any means of propagation, and may change the speed of propagation, without giving any prior notifications.

3. Changing of Terms

Spear Group reserves the right to discontinue or change any terms  and / or privacy policy at any time when we deem it necessary or appropriate without prior notice. In addition to service changes, it may also contain the imposition of certain fees or changes in the fee structure. Therefore, a regular view on this disclaimer and privacy policy is recommended. If you continue to use this site upon any changes of Terms, you are deemed as agreed to those terms. Any deletion or modification will take effect immediately after the releases. Any End User who uses the site after the release is deemed as agreed to the amendments.

4. Equipments

The End User shall be responsible for obtaining and maintaining all telephone, computer, other equipment, and all costs associated with the use of the Site. Spear Group shall not be liable for any damage to the equipment caused by the use of this site.

5. End User Behavior

This site, as well as any external sites or external hyperlinks specified by End User, are private property. This site and all external sites must comply with these Terms of Use. The End User shall not publish or disseminate any material that violates or infringes the rights of others through this site, or any illegal, threatening, insulting, defamatory, infringing, vulgar, obscene or otherwise bad information, for preaching of criminal offense, causing of any civil liability or breach of any law, or publish or distribute information that contains information about product or service or any solicitation without Spear Group’s prior written consent. Spear Group, upon professional evaluation and judgement, possesses the absolute authority to limit and deny the right of using this site. End users may not use this website, directly or indirectly, for any commercial, religious, political or non-commercial solicitation on users of this website, and direct them to other sites that are potential competitor of Spear Group.

The same applies to Spear Group, its subsidiaries, affiliates, and its third party content providers and licensors.

6. Copyright and Trademark

All contents featured on this site are the exclusive property of Spear Group Limited. Any reproduction, distribution, transmission, distribution, connection, or otherwise of modifing this website without written permission of Spear Group Limited, are prohibited. Any violation of this policy may result in infringement of copyright, trademark or other intellectual property rights that may entail End Users to civil and / or criminal penalties.

This site contains copyrighted material, trademarks and other proprietary information, including but not limited to text, software, photographs, videos, charts, music, sounds, and the entire contents, according to the copyright laws of Hong Kong, as a collective Creation is protected by the copyright regulations.  Spear Group has the right to select, coordinate, arrange, add content upon the original content. End User may not modify, distribute, transmit, participate in the transfer or sale, create derivative works, or use any or all of the content in any way. End User can download / print / save copyrighted material, but only for private use.

Unless otherwise expressly provided for in the Copyright Act, it is prohibited to reproduce, redistribute, retransmit, publish or commercialize the downloaded data without express permission from Spear Group and the copyright owner. Reproduction, redistribution or publication of copyrighted material is permitted without alteration or deletion of author’s signature, trademark mark or copyright notice. The end user confirms that he / she can not obtain any ownership by downloading the copyrighted material. Sites that are located on the site, or otherwise owned or operated by Spear Group, shall not be deemed to be in the public domain and are exclusive to Spear Group unless the site is granted with trademark owner’s license, in which case the license is for the exclusive benefit and use of Spear Group unless otherwise stated.

You may not upload, distribute or otherwise make any material protected by copyright, trademark or other proprietary rights on this website under the express permission of the owner of the copyright, trademark or other proprietary rights. Spear Group does not have any express burden or liability to provide end-users with instructions, markings or anything else that may help end-users determine whether the material in question is copyrighted or trademarked. Any infringement of any damage caused by copyright, trademark, title rights, or any other injury caused by the submission, the end user shall be liable for himself.

By submitting the information in any public domain of the Site, the End User undertakes that the owner of the information has expressly granted the Spear Group royalty-free, perpetual, irrevocable, non-exclusive rights and permission, which may be present in the information (In whole or in part), and / or to incorporate it into any other form of work, media, or is now known to be used, reproduced, modified, adapted, published, translated and distributed worldwide. The End User also allows any other End Users to access, view, store or copy data for their personal use. The End User hereby grants Spear Group the right to edit, reproduce, publish and distribute any information provided by the End User on this Site.

The above provisions of Article 6 apply equally to Spear Group, its subsidiaries, affiliates, and its third party content providers and licensors, and for Spear Group, its subsidiaries, affiliates, and its third party content providers.

7. Disclaimer; Limitation of Liability

End Users expressly agree to use this site the End User must bear all the risks. Neither the Spear Group, its affiliates, or any of its respective employees, agents, third party content providers, or licensors warrant that the Site will be discontinued or error-free. The accuracy, reliability or content of any content, services or merchandise provided by this site, or through this site, will not be guaranteed.

This disclaimer applies to any failure caused by any performance failure, error, omission, interruption, deletion, defect, operation or transmission delay, computer viruses, communication line failure, theft or destruction or unauthorized access, modification or use of records Loss or injury, whether in breach of contract, tort, negligence, or any other cause of action. The end user expressly acknowledges that Spear Group is not responsible for any slander, aggressive or unlawful conduct against other users or third parties, and that the risk of injury to the foregoing is entirely borned the end user.

IN NO EVENT SHALL Spear Group or any person or entity involved in the creation, production or distribution of the Site or its contents, including microsite and any software, shall not be liable for any damages, including but not limited to, the use and inability to use of this site. This website is liable for direct, indirect, incidental, special, consequential or punitive damages. The End User hereby acknowledges that the provisions of this Article shall apply to all contents of this site.

In addition to the terms set forth above, Spear Group or its affiliates, information providers or content partners, regardless of the cause or duration, for any errors, omissions, or any other information contained in this site shall hold no responsibility on any defects, or inappropriate or inaccurate information, or any delay or interference of the transmission to the End User. The foregoing party shall not be liable for any third party claims or any loss of any nature, including but not limited to loss of profits, punitive or consequential damages.

Spear Group will not be liable for any content that may be published by the user, registrant, or unauthorized user on this siite. Any content that is published or uploaded is considered or may be deemed inappropriate, and Spear Group may and may remove the content. In addition, Spear Group reserves the right to edit, alter, modify, delete and disregard any content that and any Spear Group considers to be inappropriate.

8. Monitoring

Spear Group reserves the right, but no obligation, to monitor the contents of the Site, including any chat rooms and forums that may be included in the Site as part of the Site with reference to compliance rules established on this Agreement, any applicable law, regulations or government requirements. Without limiting the foregoing, Spear Group shall have the right to remove any information that Spear Group has found to be in violation of this provision or otherwise disagreed on its own judgment.

9. Privacy

We value your privacy, and we will not share your personal information with others, except for those who are listed in this policy.

By using this site it means you agree to receive emails from Spear Group that is about management and promotion. Information about User activity, purchase activity, the latest product and promotion offer will be sent to you regularly.  You will be able to change your decision anytime on the email as well as on this site.

10. Permission granted

End User shall act as a royalty-free, irrevocable, non-exclusive license to use, copy, modify, publish, edit, translate, distribute, perform and display content, or part of any other form of work, media, or any technology that is now known or to be developed, and a license to delegate such rights at multiple levels by re-granting the licensee.

11. Indemnification

The End User agrees to maintain and indemnify Spear Group, its affiliates and their respective directors, officers, employees and agents and waive their liability for all claims and expenses and will not pursue any of their claims and expenses, including the cost of attorneys.

12. Termination

Spear Group may terminate this Agreement at any time. Without limiting the foregoing, Spear Group shall have the right to terminate any end-user’s password immediately or if Spear Group determines that any End User’s conduct is unacceptable or if the End User has any breach of this Agreement. After the termination, the provisions of paragraphs 3, 5, 6, 7, 10, 11 and 12 of this Agreement shall remain in force.

13. Trademarks

ExperiXon is a trademark of Spear Group Limited. All rights to this trademark are hereby expressly claimed to be the copyright of Spear Group Limited. Unless otherwise stated, all other trademarks appearing on ExperiXon are the property of their respective owners.

14. Third party content

Spear Group is similar to an Internet service provider and is an issuer (rather than a publisher) of content provided by Experixon, third parties, and End Users. As a result, Spear Group has no editorial control over the content same as public libraries, bookstores or newsstands. Any opinion, suggestion, statement, service, offer, or offer expressed or provided by a third party, including a provider or any other End User, or other information or content is expressed or provided by their respective authors or issuers, not Spear Group. Neither Spear Group nor the information provided by any third party provider guarantee the accuracy, completeness or availability of any Content, nor does it guarantee its commercial suitability or fitness for a particular purpose. (Please refer to section 6 above for full information on regulatory restrictions and disclaimers)

In many cases, the content of this website may represent the views and judgments of the respective providers, End Users, or other users who do not have contracts with Spear Group. Spear Group is neither recognized nor responsible for the accuracy or reliability of any opinion, advice or statement made by any person at ExperiXon, except in the case of an authorized Spear Group employee. In no event will Spear Group be responsible for any loss or damage caused by the information provided by End User on ExperiXon. It is the End User’s responsibility to evaluate the accuracy, completeness, or availability of any information, opinions, suggestions, etc., or other content that may be obtained by ExperiXon.

ExperiXon contains links to third-party websites maintained by other content providers. The Spear Group hereby expressly disclaims any representations regarding the accuracy of the content or information on such third party websites. If the End User decides to access to the linked third party website, it is of his own risk. You cannot provide hyperlinks from any other website to this site unless you have signed a written agreement with Spear Group to explicitly allow you to do so. Spear Group reserves the right to withdraw its consent to any link at any time, on its own discretion.

15. Other matters

This Agreement and any operating rules entered into by Spear Group shall constitute all the parties’ agreements with respect to the subject matter of this Agreement. Any party giving up the right to take legal action towards other party upon any violation, breach or negligence of regulations, does not mean to give up any right before or after the violation. The title used here is for convenience only and should not have any legal effect or effect. If any provision of this Agreement is invalidated by a court of competent jurisdiction, the invalidity shall not affect the enforceability of any other provision contained in this Agreement and the remainder of this Agreement shall continue to be of full force and effect. Any party who fails to exercise any of the rights entered into in this Agreement shall not be deemed to have waived or lied to such rights or any other rights provided below.

Spear Group is headquartered in the Hong Kong Special Administrative Region. The legal issues arising from this website are governed by the laws of the Hong Kong Special Administrative Region and are subject to the laws of the Hong Kong Special Administrative Region (excluding those ordinances). By using this site, the End User agrees that any dispute or claim arising out of or in connection with this Agreement, or by any performance, breach or termination of any dispute or claim arising out of or in connection with, or caused by or associated with the Site, any dispute or claim shall be dealt with in an amicable manner and will be resolved in accordance with the arbitration rules of the Hong Kong International Arbitration Center in the Hong Kong Special Administrative Region.

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