Updated: September 1, 2024
Please be sure to read the following terms of use carefully before accessing or using the services provided by Hong Kong China Tourism Press.
1. Agreement to Terms
1.1. By accessing the Photography Contest website (or “the Website"; the current URL of which is https://contest.cheerimages.com) and using the services provided by the Website (hereinafter referred to as "the Services"), you will be deemed to have agreed to, accepted and be bound by all of the "Terms of Use" (including the Privacy Policy and the Disclaimer) (referred to simply as the "Terms of Use" below).
1.2. The Photography Contest site is owned and operated by Hong Kong China Tourism Press (referred to herein as "the Company" or "HKCTP"). Unless otherwise stated, all content on the Website is owned by HKCTP. The Company reserves the right to amend any or all of the terms and conditions herein or the charges for the contents, Services or/and products provided on the Website without further or prior notice. Such modifications, if any, shall be effective immediately upon posting or notification to you on the Website. Please be sure to review the Terms of Use posted on the Website on a regular basis. If you continue to access or use the Website after the update of the Terms of Use, you will be deemed to have agreed to all the modifications and changes and to be bound by the updated version of the Terms of Use.
1.3. The Company may update these Terms of Use at any time, and any such updates will constitute a part of these Terms of Use. If you do not accept all of the terms and conditions of these Terms of Use, please do not access or use the Website.
2. Description of Services
2.1. The Company uses its own system to provide content services to users via the Internet, including but not limited to text, photos, images, video and audio-visual content ("Content").
2.2. Some of the Services provided on the Website may be provided by third parties. You are aware and understand that the third parties operating these Services may require you to provide your personal information. The Company especially reminds you that you need to carefully read the usage agreements, privacy policies and other relevant terms and conditions of these third parties, and that you are advised to properly protect your own personal information and to provide it to these third parties only when necessary. These Terms of Use do not apply to services provided by any third party, and our Company shall not be liable for any consequences that may arise from the use of personal information provided by you by a third party.
23. If the Website provides or sells individual services, products or activities under separate terms and conditions or codes (hereinafter referred to as "Independent Terms"), users must accept the relevant Independent Terms when using or purchasing such services or products or participating in such activities. In the event of any conflict between the Independent Terms and these Terms of Use, the provisions of the Independent Terms shall prevail.
3. Change, Discontinuation or Termination of Service
3.1. Due to the unique nature of the Services, the Company reserves the right to modify, suspend, or discontinue some or all of the Services at any time with or without notice from the Website. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Services.
3.3. In the following circumstances, the Company reserves the right to immediately terminate, suspend a user's account, and prohibit the use of the website services at any time without prior notice, without incurring any liability to the user or any third party:
3.2.1. The user violates any of the Terms;
3.2.2. The user expressly refuses to accept the new Terms of Use after the Terms have been modified;
3.2.3. The user provides any false, inaccurate, outdated, incomplete or misleading personal information;
3.2.4. The user fails to pay the corresponding fees to the Company in accordance with the regulations when using the paid services;
3.2.5. The Company has other reasonable grounds to believe that it is necessary to interrupt or terminate the provision of services to the subscriber.
4. Account Registration, Use and Closure
4.1. You must register as a user on the Website in order to use some of the Services. You must agree to abide by the Terms and follow the instructions on the Website to complete the registration process. Please read the Terms of Use carefully before clicking the "Sign Up" button. By clicking on the "Sign Up" button, you fully accept all the Terms and you understand these Terms will be legally binding on you.
4.2. After successful registration, the Website will give the user a user account (hereinafter referred to as "account") and the corresponding password, the account number and password by the user is responsible for safekeeping; the user shall be liable for all activities and events that occur under his/her account. The User shall not give, borrow, rent, assign, sell or otherwise authorize others to use the Account and Password in any form. If the Company discovers or has reasonable grounds to believe that the user is not the initial registrant of the account, in order to protect the security of the account, the Company has the right to immediately suspend or terminate the provision of services to the account, and has the right to permanently disable the account.
4.3. If the user finds that his/her account has been illegally used by others, he/she should immediately notify the Company. The Company shall not be liable for any unauthorized use of the account number or password due to hacking or negligence of the user.
4.4. When you register as a user, you must provide true, accurate, up-to-date and complete personal information, and must maintain the validity of the information; any changes in the information can be updated in the "My Account" section of the Website. The user guarantees that he/she will not use other people's information to register or authenticate on the Website.
4.5. The user agrees to voluntarily accept the Company to send product promotions or other related commercial information of the Website to the user by e-mail or other means.
4.6. Users must comply with the following principles in the course of using the Company's network services:
4.6.1. Comply with all network agreements, regulations and procedures related to network services;
4.6.2. Not to use the network service system for any illegal purpose;
4.6.3. Not to use the Company's network service system for any behavior that may adversely affect the operation of the Internet or the use of other users;
4.6.4. Not to use the Company's network services to upload, display or disseminate any information and materials that jeopardize national security, disturb public order, are false, harassing, libelous, abusive, threatening, obscene, vulgar or any other illegal or inappropriate information;
4.6.5. Not to infringe on any third party's copyright, patent, trademark, reputation, portrait, privacy, property rights or any other legal rights and interests;
4.7. If you violate the Terms or other provisions of the Terms of Service and cause a third party to file a complaint or file a lawsuit for damages, you shall handle the matter on your own and bear all legal liabilities that may arise as a result. If the Company, its affiliates, controlling companies, or successor companies pay compensation to any third party or are punished by the state authorities due to your violation of the law or contract, you shall also compensate the Company, its affiliates, controlling companies, or successor companies in full for all losses suffered as a result.
4.8. Users have the right to apply for the right to cancel and terminate the use of the Website account;
4.8.1. Users can only apply for the cancellation of their own account and follow the procedures of the Website to cancel their account in "My Account";
4.8.2. After successful cancellation, account records and functions cannot be restored or provided.
4.9. Cancellation of an account is irrevocable and irreversible. After the account is canceled, the user cannot log in, use the account, retrieve the account and the information and content related to the account, the Website will stop providing related services for you and delete all information about your account at your request, unless otherwise provided by laws and regulations.
4.10. The Company reserves the right to close any account that has not been used by the user for a long period of time.
5. Intellectual Property Protection and Content Usage Guidelines
5.1. Unless otherwise specified, the contents of the Website (including but not limited to all text, graphics, video, user interface, design, patents, trademarks, service marks and trade names) and the software or applications used in the Website are the property of the Company or the Company's licensors, products/services providers, or content providers. They are protected by the Copyright Ordinance of the Hong Kong Special Administrative Region of the People's Republic of China and the copyright laws of other countries.
5.2. Without the written permission of the Company, no one is allowed to copy, re-distribute, pirate link, upload, download, display any resources of the Website; copy or imitate the Website or create mirrors on servers that are not part of the Website. Otherwise, the Company will pursue legal responsibility in accordance with the law.
6. Privacy Policy
The Company recognizes the importance of your personal information and is committed to keeping it safe and secure. The terms of this Agreement include the Company's Privacy Policy, which can be found at Privacy Policy for more information.
7. Disclaimer
7.1. Under no circumstances, including, but not limited to, negligence, will the Company be liable to you for any direct, indirect, compensatory, consequential, incidental, special punitive, or all other losses or damages (including, but not limited to, any lost profits, lost data, loss of goodwill, loss of business, loss of profits, or loss of business) arising out of your use of or inability to use the Services, your submission of your Content through the Services, and/or your receipt of products/services through the Services, loss of data, loss of goodwill, business interruption or computer damage or downtime); you agree to assume full responsibility, risk and liability for all damages arising out of your use of the Website and the Products.
7.2. The Company does not warrant or accept any responsibility for the accuracy, completeness or suitability of the information on this website or any linked website, or for any errors or omissions in such information; the Company does not accept any liability and will not indemnify any user of this website or any linked website against any loss or damage (including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses) suffered or incurred by any user of this website or any linked website as a result of the use of, or reliance upon, the information, materials or data.
7.3. The Company shall not be liable for any action, claim or demand arising out of or in connection with any content provided, submitted or uploaded to the Company's website by any user of the Services or any third party.
7.4. The Company does not warrant or guarantee that materials or files available for downloading from the Website will be free of viruses, worms or other destructive properties. The Company shall not be liable for any loss or damage caused by such destructive materials.
7.5. The Company does not warrant that the network services and products offered will meet your requirements or expectations, nor does it make any representations or warranties as to the accuracy, validity or completeness of the information provided in the products.
7.6. For any force majeure (including due to natural disasters, fires, floods, accidents, riots, wars, government policies, embargoes, strikes, labor difficulties, equipment failures, global pandemics, epidemics, or any circumstances beyond the control of the Company) caused by any delays, interruptions or other defects in the Network Services, the Company will not be liable to the user or to any third party; and you agree to bear all losses.
7.7. In any event, you agree that the total liability of the Company arising out of the Services shall not be limited to the total amount of service fees paid by you to the Company for the use of the Services.
8. Indemnification
You agree to indemnify and hold us, our directors, employees, employees, agents and agents of the Company harmless from and against all losses, damages, liabilities, costs (including, without limitation, attorneys' fees), or claims or demands of third parties arising out of or in connection with the use of the Services, any breach of the Terms of Use, the submission of your Content, or any violation by you of any applicable law, or infringement by you of any third party's rights, including, without limitation, intellectual property rights, and you agree and covenant to indemnify and hold harmless the Company, its directors, employees and agents.
9. Notices
Any notice to the other party must be in writing and sent by e-mail or otherwise. The Company may also display notices or notices through the Website when there are changes to the Terms or other recitals. Such notices will constitute part of the Terms.
10. General Terms and Conditions
10.1. These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("HKSAR") with respect to the formation, validity, understanding, interpretation and resolution of disputes. In the event of any dispute or controversy, both parties shall first resolve it by friendly negotiation; if negotiation fails, you agree to submit it to arbitration in the HKSAR or to litigation in the courts of the HKSAR. In the course of arbitration or litigation, both parties shall continue to fulfill the Terms.
10.2. If for any reason these Terms of Use are partially invalid or unenforceable, the remaining Terms shall remain in effect and shall be binding on the parties.
10.3. To the fullest extent permitted by law, the Company reserves the right to interpret the Terms.
10.4. Unless an express written waiver is provided, the Company's failure to exercise its rights under the Terms in a timely manner shall not be deemed a waiver of such rights and shall not affect the Company's ability to exercise such rights in the future.
10.5. The Company shall have the right to assign or transfer the Services and/or any of its rights or obligations under the Terms to a third party without notice to you.
This document is translated into English. In case of any discrepancies, the Chinese version shall prevail.
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