Skyfa Terms of Use Agreement
Date of last revision: July 15, 2008
Welcome to Skyfa.com! Skyfa.com Limited of Hong Kong ("Skyfa" or "we") provides its services ("Services") through the internet website to you subject to the following Terms of Use Agreement ("Agreement"). The term "User" or "Users" refers to a visitor or a member.
1. Special Notice
1.1
This Agreement is made and entered into, by and between the User and the Skyfa with regard to services provided by Skyfa. Skyfa covenants and agrees to provide Services to the User in accordance with the terms and conditions set forth in this Agreement and all supplementary agreements. This Agreement may be amended by resolution of Skyfa at any time and without additional notice. Should this Agreement be modified or altered, written appendices and amendments hereto shall be published by Skyfa on the website. The amended agreement shall automatically come into effect upon publication and thereafter replace the existing Agreement.
1.2
Please read this Agreement carefully before registration, so as to fully understand its legal consequences. Particular attention should be given to all provisions concerning exemption of and limitation on liability herein stipulated of Skyfa, or limitation of rights hereby stipulated of the User. Skyfa welcomes any inquiry regarding related provisions and strongly recommends the Users to consult professional legal advice so as to effectively protect its lawful rights and interests.
1.3
You shall be acknowledged as a User of this Service of Skyfa upon your acceptance of this Agreement and the following instructions in the registration process. Choosing to accept this Agreement shall be deemed as agreement to abide by all the terms and conditions of this Agreement as well as those of related policies of Skyfa. In case of dissension, no grievance shall be entered by reason that you have not carefully read this Agreement, which is a standardized agreement of Skyfa, or that Skyfa has not provided any explanation thereof.
1.4
Please note that you cannot make use of Services exclusively entitled to registered users before your agreement to this Agreement.
2. Specific Notice for Minors Using the Internet
2.1
Each and every User shall provide his/her authentic date of birth when disclosing the personal information thereof. In case of a minor, the User shall accept this Agreement only if his/her legal guardian(s) participate in reading and consenting to it. Legal guardian(s) shall ensure strong supervision and protection of minors. Should the interests of minors or Skyfa be negatively affected, the legal guardian(s) concerned take full responsibility. Due to the technical limitation and based on the principle of mutual trust between the two parties, Skyfa will not substantially distinguish or confirm the personal information about the User and subsequently disclaim any and all responsibility or liability for registration information of any and all User, including, but not limited to, distinguishing and confirming accuracy, truthfulness, integrity, suitability of the information and/or whether it is up-to-date.
2.2
Minor Users shall comply with the Hong Kong and All-China Youth Network Civilization Convention; they shall be willing to and capable of online learning, and not access improper information; they shall conduct communication in a sincere and friendly manner, and shall not insult or defraud others; they shall foster a sense of self-protection; they shall not meet net friends indulgently; they shall keep network security, and not go against network orders; they shall aim to keep a good health and sound mind, and not overindulge themselves in internet use.
3. Description of Service
3.1
Services are provided by Skyfa subject to actual conditions, including online Topics, Friends, Events, Groups, Google AdSense revenue sharing, etc. Skyfa reserves all rights to alter, interrupt or terminate all services or any portion thereof at all times.
3.2
Skyfa is entitled to the proprietary rights of any and all data that is produced during the Service process and stored in the Skyfa's system. In accordance with this Agreement and related provisions of Skyfa, Users enjoy access to their personal accounts and are prohibited from passing on, giving, transferring or leasing the right of use to that account.
3.3
Skyfa provides only related network services. The User shall provide and hold sole and full responsibility for networking equipment (for instance, computers, modems and other internet connecting devices) associated with the Service and fees thereof (for instance, telephone fees for internet connection and netsurfing fees).
4. User Account Registration and Security
4.1
The User agrees to and warrants to provide true, accurate, and complete personal information for registration in line with Skyfa requirements.
4.2
Registration of an account or ID should conform to public order and standards of decency. A registered account or ID shall not make available, expressly or by implication, any content that is illegal, harassing, abusive, threatening, defamatory, harmful, provocative, vulgar, obscene, erotic and/or invasive of anothers lawful rights, interests or human dignity.
4.3
Where the Services provided by Skyfa are adversely affected by the Users late updating of changes to personal registration information, the User shall take full responsibility.
4.4
The User shall carefully maintain the confidentiality of his/her account data and take precautions against theft and leakage. Under no circumstances shall the User transfer or lend his/her designated account to another, otherwise User shall hold entire legal responsibility for all activities that occur under his/her account. Where it comes to the Users attention that his/her account has been subject to unauthorized and illegal use by others, User should notify Skyfa immediately.
4.5
Skyfa shall not be liable for any loss or damages arising from the loss or theft of account password due to reasons outside our control. The User is entirely responsible for any such losses or damages. The User should inform Skyfa immediately in writing of any unauthorized access to his/her designated account, and submit a certificate of the Users right of use of the account and other materials in compliance with Skyfa's requirements. Skyfa is entitled to suspend the account so as to protect the rights of the User.
4.6
Notice concerning user account password security:
(1) Account passwords should be complicated yet easy to remember. They should not be the same as or similar to the username, the Users birthday, contact number, ordinary words or others that may be easily guessed.
(2) The User should avoid logging in and using the Services via insecure terminal computer(s). When accessing the Internet via terminal computer(s) in public places, please do not allow the computer to remember the password.
(3) The User may change password on a regular basis so as to prevent password leakage.
4.7
The User may change account password or apply for a new one. In case of the loss or theft of the account, Skyfa takes no responsibility for any incurred loss or damages. A registered account may be deleted upon Skyfa consent with an application in writing from the User.
4.8
Where the User desires to alter or reset the account password, complete and accurate personal registration information (registration date included) is required. Otherwise Skyfa has the right not to act, in conformity with the principle of preserving confidentiality for the User.
5. Rights of the User
5.1
The User becomes eligible for the right to use of an account upon completion of its registration.
5.2
The User has the right to consult, via published contacts, the User Service Department of Skyfa regarding related issues.
5.3
The User has the right to attend related activities organized by Skyfa and enjoys certain rights and interests according to the rules of such activities.
5.4
The User has the right to put forward constructive proposals and advice, and to conduct constructive supervision over the Services of Skyfa.
5.5
The User has other rights as announced by Skyfa.
6. User Conduct
6.1
The User shall abide by related laws, statutes, rules and other regulating documents; abide by network agreements, regulations and procedures concerning network services; abide by this Agreement; and shall not conduct any behavior detrimental to the lawful interests of the nation, Skyfa and/or any party. The User shall not harm minors in any way.
6.2
The User shall abide by the Agreement, administrative regulations, announcements etc., tailored for detailed services in accordance with the principle of cooperation when accessing the Services via his/her registered account or when making use of products or services operated by Skyfa partner(s).
6.3
If not permitted, the User shall not access the computer system of Skyfa or those of any other party to browse, add, delete, alter or copy data, and shall not intentionally make available malicious computer programs such as viruses or any other sort designed to interrupt, destroy or limit the functionality of the computer systems of Skyfa and/or any other party.
6.4
Without a written approval from Skyfa, the User shall not make use of the Services provided by Skyfa to conduct business activities in any form, including investigation, advertising, distribution, promotion, etc.
6.5
The User takes sole responsibility for messages, materials, letters, software, music, voice messages, photos, images, video messages, information or other data uploaded, posted, emailed, transmitted or otherwise made available during using the Services of Skyfa. The User acknowledges and agrees not to make use of the Services to release any illegal or unlawful information, including, but not limited to the following:
6.5.1
Making available any content that is untrue, harassing, abusive, threatening, harmful, provocative, vulgar, obscene, erotic etc., any content that violates public order and standards of decency, and any other content that is restricted or prohibited by Chinese law, rules, statutes or any regulations with the force of law.
6.5.2
Making available any content that infringes any copyright, patent, trademark, trade secret, or other intellectual property rights or proprietary rights of any party;
6.5.3
Uploading, posting, emailing, transmitting or otherwise making available any content that the User is entitled to access but does not have the right to make available under any law or under contractual or legal relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.5.4
Uploading, posting, emailing, transmitting or otherwise making available any advertising, promotional materials, unsolicited wholesale emails, "junk mail", "spam", "chain letters", "pyramid schemes", surveys or any other forms of solicitation;
6.5.5
Deleting legitimate and proper notices regarding authority management embedded in uploaded data, or proprietary names, marks of origin, software sources or other data, or override or circumvent technology-encrypting procedures.
6.6
The User acknowledges and agrees that in case of discovering potential system bugs of Skyfa, it shall timely inform Skyfa and shall not make negative use of such bugs.
6.7
The User shall not reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest warranties or otherwise transfer any rights in the software.
7. User Obligations and Usage Rules
7.1
The User acknowledges and agrees that Skyfa takes actions where the User violates usage rules and that we makes public the related account. Skyfa is entitled to authorize relevant persons to exert management rights.
7.2
Where the User disobeys this Agreement or related rules of Skyfa, we are entitled to delete any uploaded information that goes against such provisions, interrupt or terminate part of the Services, suspend the account concerned, terminate the Services, etc. The above measures may be taken together.
7.3
Skyfa is not obliged to inform the User with prior notice of such measures. We shall inform the User after usage contrary to the Agreement has been dealt with. Suspension or termination of any portion of the Services by Skyfa shall not require notice either in advance or afterwards.
7.4
Where the Users account or ID violates Clause 4.2 hereinabove, Skyfa is entitled to suspend or terminate part of the Services, suspend the account or terminate the services.
7.5
Where the Users account or ID violates Clause 6.3 hereinabove, Skyfa is entitled to terminate the Services, submit the case to related national offices and to ascertain the legal liabilities of the User.
8. Skyfa Proprietary Rights
8.1
Skyfa reserves the ownership of and the right to operate Skyfa.com. Content of the Services provided by Skyfa includes, but is not limited to, words, software, audio, image, animation, video, diagram etc. All content hereinabove is protected by copyright, trademarks and other applicable intellectual property and property laws. Except as expressly authorized by Skyfa or others with related rights, the User shall not duplicate, utilize, modify, extract and compile, adapt, translate, release, publish, exhibit, display, lease, loan, sell, distribute or create content or derivative works based on the Services, or to exert intellectual property and property rights that belong to Skyfa. Without prior written consent of Skyfa, the User shall not exhibit, use or otherwise manipulate the trademark and marks, and shall not claim the right to do so.
8.2
In case that the User does not access the designated account within three months of or for six straight months after registration, Skyfa has the right to withdraw and exert the right of use of that account. Skyfa does not and is not liable to return, refund, compensate or indemnify the products of Skyfa, in any form, attached to the account and personal information of the User.
8.3
Skyfa is entitled to adjust its Service charges, and reserves the right to charge for Services that were previously provided to the User for free. Where the User refuses to pay certain fees accordingly, Skyfa may refuse to provide related services.
8.4
Skyfa is entitled to delete information or works released or published by the User, at all times and without notice to the User, at its sole discretion, so as to preserve order at Skyfa.com.
8.5
The User acknowledges and agrees to receive business information from Skyfa via email or in other ways.
9. Intellectual Property
9.1
The User acknowledges, consents and agrees that with respect to the users submitted original works to Skyfa.com, Skyfa has the right to use, reproduce, modify, adapt, film, publish, translate, collect and compile, distribute via the internet, and/or to distribute, release and publish, lease and loan, display, exhibit such content in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed. Skyfa claims full copyright over such derivative works that are based on the above-mentioned original works and recreation thereof. Skyfa usage of the derivative works is not restricted by the Users permission. The above license is of a worldwide, non-exclusive, perpetual and irrevocable nature. Skyfa has the right to grant and authorize sub-licenses of the foregoing to a third party in whole or in part. Skyfa shall not be charged by the User when exerting such rights hereinabove.
9.2
The User acknowledges and agrees to grant Skyfa worldwide, royalty-free, irrevocable and non-exclusive license to reproduce, modify, rewrite, adapt or publish any content submitted to Skyfa.com other than the Users original works for service-oriented purpose of exhibition, distribution, promotion and posting of such content. With respect to photos and graphics, the purpose shall solely be to make these photos and graphics available through the Services. The license remains effective only for as long as the User elects to continue to include such Content in the Service and shall terminate at the time the User removes such Content from the Service.
9.3
The User grants Skyfa all rights required by licenses stated in Clause 9.1 and 9.2, including but not limited to copyright and image rights.
9.4
The User shall guarantee his/her copyright over works submitted to Skyfa.com, and shall represent and warrant that he/she is lawfully granted and has the right to grant copyright to Skyfa. The User shall bear full responsibility for disputes over his/her submitted works and granted copyright. iness information from the Skyfa via email or in other ways.
10. Protection of Personal Information of the User
10.1
Skyfa agrees and warrants to protect the Users personal information. Skyfa shall not make public or provide to a third party (except stipulated in Clauses 10.2 and 10.3) the Users registration information and non-public information stored in the system of Skyfa.
10.2
Skyfa may disclose or provide to a third party the Users personal information in case of the following:
(1) Skyfa has been authorized to do so by the User beforehand;
(2) To comply with related laws, rules, regulations and other legal norms;
(3) Conform to requirements of related government departments and judicial organs;
(4) To partners of Skyfa consenting and agreeing to assume the same and equal responsibility for protecting the Users personal information;
(5) To respond to claims, supported by evidence, that the User has violated the rights of a third party;
(6) To protect the lawful rights, property or personal safety of Skyfa, the User or the public.
10.3
Skyfa is entitled to provide the Users personal information to its partners so as to preserve the lawful interests of the partner. Where thereby the User is exposed to loss or damages, the User may claim his rights to that partner; Skyfa is not responsible and not liable for such loss or damages.
11. Service Risks And Disclaimer
11.1
The Users use of the Service is at its sole risk. The Service is provided on an as-is and as-available basis. Skyfa expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. Skyfa is not responsible and not liable for any direct, indirect, incidental, special, consequential or exemplary damages.
11.2
There are risks that the Services of Skyfa may suspend or fail to meet the Users demands due to reasons including, but not limited to, force majeure, government control, computer viruses or hacker attack, program bugs, system instability, network failure, or correspondence problems. The User shall hold sole responsibility for the above-mentioned risks. Skyfa does not guarantee that the provided Services will necessarily satisfy the Users needs. Skyfa also disclaims express or implied warrants of timeliness, security and accuracy of the Services, and is not responsible to the User for possible loss of profits incurred thereby.
11.3
Skyfa is not liable to the User for possible loss of profits incurred as a result of Skyfa.com conflicting with certain software programs installed and operated by the User.
11.4
Under no conditions shall Skyfa be responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, software and hardware damages, or loss of data resulting from the use of or the inability to use the Services.
11.5
The User consents and agrees that Skyfa reserves the right to optimize server resources by means of, including but not limited to, incorporating servers and that Skyfa is not liable to the User for possible loss of profits.
11.6
The Users correspondence or business dealings with advertisers and providers of commercial services through the Service are solely between the User and such advertisers or providers and the User acts at its sole judgment and takes risks accordingly. The User acknowledges and agrees that Skyfa shall not be responsible or liable for any loss or damages of any sort incurred as the result of any such dealings, except when expressly stipulated otherwise.
11.7
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Skyfa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The User acknowledges and agrees that Skyfa shall not be responsible or liable for any damages or loss caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
11.8
Skyfa makes no warranty that the content of uploaded works will be accurate, complete and of quality. Under no circumstances shall Skyfa be responsible and liable for such content, including, but not limited to, any errors of or omissions in such content, and any loss or damages incurred through and on the Services. Skyfa, however, is entitled to stop transmitting such content and take actions accordingly, including, but not limited to, suspending the use of all Services or any portion thereof, saving records involved, and reporting to related offices.
12. Modification, Suspension and Termination of Services
Skyfa is not liable to compensation or indemnity in any form where modification or termination of the Services occurs due to the User. Please note that the User acknowledges and agrees that Skyfa is entitled to modify, suspend or terminate the Services (or any portion thereof) with prior notice or notice after the event. Therefore Skyfa is not liable for compensation or damages in any form to the User or a third party that may be exposed to loss or damages.
13. Indemnity
The User acknowledges and agrees to indemnify and hold Skyfa and its subsidiaries, affiliates, senior officers, agents, brand-sharers and/or partners free from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content that the User submits, posts, or transmits through the Services, his/her violation of the Agreement, or his/her violation of any rights of another.
14. Specific Rights of the User
Skyfa respects, and appeals to the User to respect, the intellectual property rights and other lawful rights and interests of others at all times. In case that the User believes that he/she has been exposed to copyright infringement of that of other rights and interests, please contact Skyfa in writing. Where infringement is proved to have occurred by necessary materials provided by the User, Skyfa will immediately adopt available measures to effectively counteract copyright infringement. Meanwhile the User should fully understand the legal consequences of perjury, and thus warrants that the above materials are legitimate and accurate and that the User is the copyright owner or authorized to act on the copyright owner's behalf.
15. Modification or Supplement of Agreement
Skyfa reserves the right to modify or supplement the Agreement at all times. Should the Agreement be modified or supplemented, Skyfa shall inform the User by means of public announcement, instead of individual notice. Where the User does not agree with the modified or supplemented content, the Services may be terminated and Skyfa shall not be responsible or liable for compensation or indemnity in any form. The Users continued use of the Services shall be regarded as his acceptance of the modified or supplemented content.
16. Legal Governance
16.1
The establishment, execution and interpretation of the Agreement and related rules of Skyfa and settlement of disputes shall be governed by the laws of Hong Kong without regard to any conflict between law provisions.
16.2
Should there be any dispute about the Agreement and related rules of Skyfa between the two parties, such disputes should be settled through amicable negotiation. Where negotiation fails, the parties shall consent to apply for arbitration by the Hong Kong Arbitration Commission in accordance with currently effective arbitrational rules. Final arbitration is binding to both parties. Where the arbitrational rules are of no effect according to legal provisions, the dispute(s) shall be lodged in a Hong Kong court governing the district where Skyfa is located.
17. Serving of Notice
17.1
Skyfa provides the User notices mainly via the Skyfa.com website, topics, friends, events, groups and system message board. Service is affected upon and after the publication of a notice.
17.2
In rare cases, Skyfa shall inform the User by logging-in notice, email, regular mail, phone calls or other ways. Nevertheless, Skyfa is not obliged to give individual notice in such a manner.
17.3
The User acknowledges and agrees to pay close attention to notices of Skyfa. Where loss or damages arise from the Users failure to read notices, we shall not be liable therefor.
18. Others
18.1
If any provision of this Agreement is held entirely or partially invalid, the User nevertheless consents and agrees to endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of this Agreement shall remain in full force and effect.
18.2
That Skyfa does not exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
18.3
The title of this Agreement is added for reason of convenience and does not have legal effect.
18.4
Skyfa reserves the final right to interpret this Agreement.