This disclaimer applies to:(a)the use of any services and information obtained through or available at metroradio.com.hk (collectively “the Site”) offered by Metro Broadcast Corporation Limited, which services may include but not limited to the provision of stock and other financial information services to subscribers (collectively the “Services”);(b)all information stored on or receivable through the Site or any other associated servers (collectively ” Servers”) (“Information”); and(c)any goods or services offered, accessed or obtained through the Services, by you (the “User”).This disclaimer limits the liability of Metro Broadcast Corporation and its associated companies, employees, agents, contractors and any third party Information provider (collectively “Metro”) in relation to any such use, Information, goods and services.
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). The User shall not be permitted to download, copy, transmit, publish, store or otherwise use the Information without the consent of the owner of such rights.
Metro expressly, to the extent permitted by law, disclaims any responsibility, representation or warranty:
(a)in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of the Services or the Information;
(b)in relation to any goods or services accessed, offered or obtained through the Servers or the Services or pursuant to the Information;
(c)that any access to the Servers, the Services or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
(d)that the Information will not be objectionable or offensive to the User or any other person; and
(e)for any error, omission or misstatement in or arising from the Information.Metro does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute or represent Metro’s recommendations, advice views, opinions, attitude, position or standpoint. Metro will not be a party to any transaction between the User and any third person in any way relating to the Information or made through the Servers or the Services unless and only to the extent expressly stated in writing otherwise.
Limitation of Liability
To the extent permitted by law, Metro shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
(a)any direct loss;
(b)any consequential or indirect loss (including without limitation loss of revenue or profits); or
(c)the User’s liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the Services.Without limitation to the foregoing, Metro shall not be liable to the User or any other person, body corporate, unincorporated association or an authority for any failure, delay, malfunction or non-performance of the Services or any function relating thereto directly or indirectly.
Metro does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through the Servers and/or Services. Metro’s current practice is to take reasonable steps to maintain confidentiality. (Refer also to Metro’s personal data policies current from time to time).
In consideration of Metro allowing the User access to the Information, the Site, Servers and/or Services, the User agrees:
(a)not carry out or allow any copyright infringement;
(b)not to use the Information or the User’s access to the Site, Servers and/or Services for any illegal, improper, obscene or defamatory purpose or any purpose which is prohibited hereunder;
(c)not to publish, post, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(d)not to upload materials, information or files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
(e)not to upload materials, information or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(f)not to violate any code of conduct or other guidelines which may be applicable for any particular Service;
(g)not to use the Services in any manner which could damage, disable, overburden, or impair any Service (or the network(s) connected to any Services) or interfere with any other party’s use and enjoyment of any Services;
(h)not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Services through hacking or any other means;
(i)unless otherwise specified, not to use the Services for any commercial purpose. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services;
(j)to take all steps to ensure the Information does not damage the User’s information or systems;
(k)to Metro conducting research on access to the Information;(l)to all Metro’s disclaimers and limitations of liability set out in this disclaimer, and to Metro’s personal data policies current from time to time applying.
Rights of Metro
Metro reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.Metro reserves the right at all times to disclose any information as Metro deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Metro’s sole discretion.
Law and Severability
Hong Kong law governs this disclaimer, and each part of this disclaimer shall apply to the extent permitted thereby. Any part of this disclaimer which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this disclaimer nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.