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Terms & conditions
 
Eastpro Limited - Website Terms of Use
 
 
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. This Website is provided for your information, and we hope you enjoy using it. Your use of this Website constitutes your agreement with EastPro Limited (“Eastpro Limited,” “we,” “us,” or “our”), to be bound by, and to act in accordance with, these terms of use (the “Terms of Use”). These Terms of Use constitute a legal agreement between you and EastPro in relation to your use of this Website, our mobile application, and any content, product, service or feature available through this Website or mobile application. EastPro may also revise these Terms of Use from time to time by updating this posting. You agree that all notices posted on this Website constitute valid notices to you under any legal requirements. You are encouraged to visit this area each time you visit this Website to keep up to date with the current Terms of Use governing your use of this Website. Your continued use of this Website after any such change or revision reaffirms your continuing agreement to the then-current Terms of Use and all other policies or notices posted on this Website.
 
YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF USE WHICH CONSTITUTE THE ENTIRE AND COMPLETE AGREEMENT BETWEEN US REGARDING YOUR USE OF THIS WEBSITE AND SUPERSEDE ANY PRIOR OR OTHER COMMUNICATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
 
As used in these Terms of Use, the words “you” and “your” refer to you, the user of this Website, as the party agreeing to these Terms of Use. The term “Website” means the Website at www.eastprobook.com, including any pages within such Website and any equivalent, mirror, replacement, substitute or backup for such Website.  
 
1.Use of Website
 
You may not use this Website and you may not accept these Terms of Use if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with EastPro. By using this Website, you represent and warrant that you are over 18 years of age and are lawfully able to accept these Terms of Use. We suggest you print or save a local copy of these Terms of Use for your records. Depending on your activities when visiting this Website, you may be required to agree to additional terms and conditions as indicated on this Website.
 
As a user, you have a non-exclusive, nontransferable, limited and revocable right to use this Website and to browse all the photographs, illustrations, pictures, images, audio, video clips, moving images, contents, texts, logos, graphics, literature, information, data and other materials and contents within the Website (collectively “Contents” and “Content” shall be construed accordingly) for your own personal and non-commercial purposes. 
 
If you are a registered member of EastPro, you may access the  Contents and purchase licences using your passwords as stipulated below.  However, you may not use this Website or the Contents for any purpose not related to your business with us. 
 
Specifically, whether as a user or a member, unless with a valid licence from Eastpro and subject to EastPro’s General Terms and Conditions of Licence and Use of Contents, you cannot: (a) download, copy, reproduce, republish, upload, post, distribute, transmit or re-transmit any or all of the Contents without our express prior written permission, or in violation of a written license or agreement with EastPro; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate or otherwise display the Website or Contents by using framing or similar navigational technology; (d) register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party for any Contents if you are not expressly authorized by such party to do so; (e) reverse engineer, alter or modify any part of the Website or the Contents; (f) circumvent, disable or otherwise interfere with any security-related features of the Website or any system resources, services or networks connected to or accessible through the Website; (g) sell, license, lease, or in any way commercialize the Website or the Contents without our specific written approval; and (h) use the Website or the Contents for any purpose other than as permitted by EastPro. In addition, you are not allowed to use any of the trademarks, service marks or trade names on this Website in any manner other than as authorized in these Terms of Use, or as authorized in writing by EastPro.
 
Any unauthorized use or modification of the Website and/or the Contents is a violation of EastPro’s intellectual property rights and other proprietary rights. 
 
2.Privacy
 
For information on how EastPro collects, uses and protects the personal information you may provide on this Website, please refer to EastPro’s Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Use. 
 
3.Accounts; passwords; security
 
In order to access or use some features of this Website, such as purchasing licences for the Contents, you may have to become a registered member. If you are under the age of 18, then you are not permitted to register as a member or otherwise submit any Personal Data (as defined in the Privacy Policy) to us. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account.
 
4.Third party content
 
From time to time, this Website may display text, images, graphics, audio, video, links to other sites and other materials and content that were originally posted or otherwise made available on another site or other media, whether in print or online (e.g., Twitter or Facebook). As a consequence, you may see contents on this Website that have been made available by individuals not affiliated with EastPro (“Third Party Content”). EastPro does not endorse nor is associated with these individuals or such Third Party Content. EastPro (and its affiliated companies, and its and their respective directors, officers, employees or agents) shall not have any responsibility or liability of any nature whatsoever and howsoever arising in connection with any Third Party Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
 
Your participation, correspondence or business dealings with any third party found on or through this Website, regarding the payment and delivery of related goods or services such as online payment systems like AsiaPay, PayPal or AliPay, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that EastPro shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
 
5.User content; feedback, suggestions or ideas
 
This Website may include stock photo, photo gallery, discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website ("Forum"). You are solely responsible for your use of such Forum and use them at your own risk. 
 
By using the Forum, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website:
 
a)Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b)Any User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c)Any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d)Any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e)Any unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f)Any personal data of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g)Any viruses, corrupted data or other harmful, disruptive or destructive files; or
h)Any User Content that, in the sole judgment of EastPro, is objectionable or which restricts or inhibits any other person from using or enjoying the Forum or the Website, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose EastPro or its users to any harm or liability of any type.
 
By posting User Content, you represent and warrant that:
 
a)you have complied with the above conditions and all these Terms of Use; 
b)you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; 
c)the User Content is accurate and not misleading and any use of such User Content will not violate any rights of or cause injury to any person or entity;
d)EastPro and its affiliates are granted a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media; and
e)EastPro and its affiliates and sublicensees are granted the right to use the name that you submit in connection with such content, if they choose;
 
You further acknowledge and agree that EastPro has no obligation to screen, edit or monitor any of the User Content posted in this Website, but EastPro has the absolute right and discretion to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without giving any prior notice to you.
 
If you give feedback, suggestions or ideas on this Website, such as recommendations for improvements or other features, you hereby assign to EastPro all right, title and interest in and to such feedback, suggestions and ideas, and such feedback, suggestions or ideas may be implemented as part of this Website or otherwise by EastPro without any compensation or notice to you.
 
6.Links to other Websites
 
For your convenience and enjoyment, this Website may provide links to other websites and/or make available third party applications. Your use of such third party websites and applications is at your own risk. These links and applications do not mean that EastPro endorses, approves or sponsors any information available at the linked website or application, or any products that may be sold through a linked website.  EastPro is not liable for any loss or damage that might result from your use of such websites, third party applications, information, products or services. 
 
7.Intellectual Property Rights
 
EastPro owns all right, title and interest in and to this Website and the Contents (other than Third Party Content), including all trademarks, service marks, trade names, copyright, designs, patents and other intellectual property rights (collectively “Intellectual Property”), or has a right or license to use such Contents. Nothing in this Website or these Terms of Use shall be deemed to confer on any person, whether user or member, any license or right from EastPro or any licensor of EastPro with respect to any Intellectual Property. You may not use metatags or any other "hidden text" utilizing "EastPro" or any other name, trademark or product or service name of EastPro without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. 
 
If you believe that any work, material or content or part thereof on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our complaint officer at info@eastprobook.com.  Please provide your full name and contact details together with a statutory declaration  of your rights and evidence of the infringing item.
 
8.Contests, sweepstakes and promotions
 
From time to time, EastPro, or its service providers, suppliers, advertisers or other third parties may conduct promotions on or through this Website, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use. By entering into or using such Promotions, you agree to be bound by such official rules in addition to these Terms of Use.
 
9.Disclaimers
 
EastPro makes no representation that any Content in this Website or the products or services described thereby are appropriate or available for use in your location. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website. By using this Website, participating in any Website activities and/or providing EastPro with your Personal Data, you (a) consent to the transfers and processing of any information you provide to this Website; (b) acknowledge that countries outside of Hong Kong, such as the United States, provide a lower standard of protection for personal data than the laws of Hong Kong; and (c) understand that this Website will deal with your personal data in accordance with the Privacy Policy and applicable Hong Kong law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.
 
THE CONTENTS IN THIS WEBSITE AND ANY OTHER INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EASTPRO AND ITS AFFILIATED ENTITIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. 
 
EASTPRO AND ITS AFFILIATED ENTITIES, AND ITS SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES LICENSED OR PURCHASED THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS. EASTPRO AND ITS AFFILIATED ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENTS, INFORMATION, PRODUCT OR SERVICE DESCRIPTIONS, MATERIALS, USE OR THE RESULTS OF THE USE OF THE CONTENTS OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. 
 
EastPro undertakes no obligation to verify or maintain the accuracy or currentness of any Content or other information or materials in this Website.  EastPro also endeavors to maintain this Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this Website or its operation. 
 
AS TO THE OPERATION OF THIS WEBSITE, EASTPRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. 
 
EASTPRO MAKES NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR FREE OF DEFECTS OR ERRORS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED. YOU (AND NOT EASTPRO) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE OR ANY OTHER WEBSITE THAT IS LINKED TO THIS WEBSITE. 
 
10.Limitation of liability
 
UNDER NO CIRCUMSTANCES SHALL EASTPRO AND ITS AFFILIATED ENTITIES OR ITS SUPPLIERS AND PARTNERS and ITS AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS, COSTS, EXPENSES or loss of REVENUE OR PROFIT), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE CONTENTS OR ANY MATERIALS IN THIS WEBSITE WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, PRODUCT LIABILITY OR OTHERWISE OR WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, INFORMATION AVAILABLE IN THIS WEBSITE OR PRODUCTS PROVIDED THROUGH THIS WEBSITE.
 
EASTPRO SHALL NOT BE LIABLE EVEN IF IT OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. SUCH DAMAGES OR INJURY MAY INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. 
 
THE FOREGOING LIMITATIONS APPLY TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE THis WEBSITE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THis WEBSITE; (C) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; OR (D) ANY OTHER MATTER RELATING TO THIS WEBSITE.
 
11.Scope of limitations
 
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. 
 
HOWEVER, IN NO EVENT SHALL EASTPRO’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES (INCLUDING COSTS AND EXPENSES) AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS WEBSITE OR FOR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THIS WEBSITE. 
 
NO CLAIM OR ACTION IN RELATION TO YOUR ACCESS OR USE OF THIS WEBSITE OR ARISING FROM THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION AROSE.
 
12.Indemnity
 
You hereby agree to indemnify, defend and hold EastPro, its officers, directors, agents, affiliates and licensors (collectively, the “Indemnified Parties”) harmless from and against any claim or liability arising out of (a) any breach of or noncompliance with any of your representations, warranties or obligations in these Terms of Use or the Privacy Policy or (b) any claim that your use of the Website or Contents or Third Party Content violates any applicable law or any third party rights, including that it infringes the intellectual property rights of a third party. You shall cooperate fully in the defense of any claim. EastPro reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that losses and damages for improper use of this Website, the Contents and/or the Third Party Content may be irreparable; therefore, EastPro is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. Your indemnification obligation will survive the termination of these Terms of Use and your use of this Website.
 
13.Breach
 
EastPro may immediately and without any prior notice suspend, terminate or restrict your membership account or your activities on this Website at any time and in its sole discretion. You agree not to hold EastPro responsible for any inconvenience or loss (including costs, expenses, loss of information, inability to access or use) which you may incur as a result of EastPro taking any of the actions described above. 
 
14.Applicable law; jurisdiction
 
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) (“Disputes”) will be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), without reference to its conflicts of law principles that would result in the application of the laws of another jurisdiction. Any Disputes shall first be submitted to mediation by an independent accredited mediator in accordance with the rules in effect at the time of mediation.  If the Disputes cannot be resolved by mediation within three months, either party may commence legal proceedings and you hereby agree to submit to the exclusive jurisdiction of the Hong Kong courts.  
 
15.Severability
 
If any provision of these Terms of Use shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 
 
16.No waiver
No failure on the part of EastPro to enforce any part of these Terms of Use shall constitute a waiver of any of EastPro’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by EastPro nor the reliance of any person on EastPro’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of EastPro shall have any legal effect whatsoever. 
 
17.Notices to you; consent to receive electronic communications.
 
Notices to you may be sent via email or through this Website by displaying links to notices generally on this Website. 
 
You understand and agree that you are entering into these Terms of Use electronically and that certain categories of information, including but not limited to changes to these Terms of Use and any notices provided in relation to this Website (“Communications”) may be provided by EastPro to you by electronic means (i.e., via email or by posting the information on this Website). 
 
All Communications will be deemed to have been received by you on the next working day after we send it to you by email without bounce back or after five (5) business days after we post it on this Website, whether or not you have actually read the email or retrieved the Communication from this Website. An electronic Communication by email is considered to be sent at the time that it is directed by EastPro’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications. 
 
You agree to promptly update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in Privacy Policy. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, EastPro will be deemed to have provided the Communication to you. 
 
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Use and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Use or the Communications electronically, you may not use this Website. 
 
If you wish to withdraw your consent to have Communications provided electronically, you must close your account by accessing the relevant feature in “My Account” on the Website. You may also do so by contacting us via the contact information provided on the “Contact Us” page of this Website and you must also stop using this Website. There are no fees to close your account with us. 
 
18.No legal effect
 
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.
 
19.Contact Us
 
This Website may provide a help page or other instructions for the use of this Website. However, you understand that EastPro is under no obligation to provide any support for the use of this Website. If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support) or if you have any questions regarding these Terms of Use, you should contact EastPro at info@eastprobook.com.