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Website Disclaimer and Copyright Notice
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Application
 
This disclaimer applies to :
 
(a)
the use of any services and information obtained through or available at three.com.hk ("3 Web Site") offered by Hutchison Telephone Company Limited trading as 3 Hong Kong("3HK"), which services may include but not limited to personal web pages, photo albums, download services of ring tone and graphics, e-mail services, bulletin board services, chat areas and other message or communication services (collectively the "3 Services")
(b)
all information stored on or receivable through this 3 Web Site or any other associated servers (collectively " 3 Servers") ("Information"); and
(c)
any goods or services offered, accessed or obtained through the 3 Services, by you (the "User").
 
This disclaimer limits the liability of 3HK and its associated companies, employees, agents, contractors and any third party Information provider (collectively "Hutchison") in relation to any such use, Information, goods and services.
   
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Copyright
 
(a)
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.
(b)
Hutchison does not claim ownership of the materials you provide to Hutchison, pursuant to the 3 Services (including photos, videos, text description, ring tones, graphics, feedback and suggestions) or post, upload, input or submit to any 3 Services for review by the general public ("User Materials"). However, by posting, uploading, inputting, providing or submitting your User Materials, you are granting Hutchison permission to use your User Materials in connection with their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your User Materials.
 
No compensation will be paid with respect to the use of your User Materials as provided herein. Hutchison is under no obligation to post or use any User Materials you may provide and Hutchison may remove any User Materials at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your User Materials, you warrant and represent that you own or otherwise control all of the rights to your User Materials as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Materials.
   
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General Disclaimer
 
Hutchison 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 3 Services or the Information;
(b)
in relation to any goods or services accessed, offered or obtained through the 3 Servers or the 3 Services or pursuant to the Information;
(c)
that any access to the 3 Servers, the 3 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;
(e)
for any error, omission or misstatement in or arising from the Information.
 
Hutchison does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute or represent Hutchison's recommendations, advice views, opinions, attitude, position or standpoint. Hutchison 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 3 Servers or the 3 Services unless and only to the extent expressly stated in writing otherwise.。
   
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Limitation of Liability
 
To the extent permitted by law, Hutchison 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 3 Services.
 
Without limitation to the foregoing, Hutchison 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 3 Services loss suffered or that may be suffered as a result (direct or indirect) of any.
   
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Confidentiality
 
Hutchison does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through the 3 Servers and/or 3 Services. Hutchison's current practice is to take reasonable steps to maintain confidentiality. (Refer also to Hutchison's personal data policies current from time to time).
   
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User's Obligations
 
In consideration of Hutchison allowing the User access to the Information, 3 Web Site, 3 Servers and/or 3 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 3 Web Site, 3 Servers and/or 3 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 3 Service;
(g)
not to use the 3 Services in any manner which could damage, disable, overburden, or impair any 3 Service (or the network(s) connected to any 3 Services) or interfere with any other party's use and enjoyment of any 3 Services;
(h)
not to attempt to gain unauthorized access to any 3 Services, other accounts, computer systems or networks connected to any 3 Services through hacking or any other means;
(i)
unless otherwise specified, not to use the 3 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 3 Services;
(j)
to take all steps to ensure the Information does not damage the User's information or systems;
(k)
to Hutchison conducting research on access to the Information;
(l)
to all Hutchison's disclaimers and limitations of liability set out in this disclaimer, and to Hutchison's personal data policies current from time to time applying.
   
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Rights of Hutchison
 
Hutchison has no obligation to monitor the User Materials. However, Hutchison reserves the right to review the User Materials and to remove any materials in its sole discretion. Hutchison reserves the right to terminate your access to any or all of the 3 Services at any time, without notice, for any reason whatsoever.

Hutchison reserves the right at all times to disclose any information as Hutchison 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 Hutchison's sole discretion.
   
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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.