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Terms
and conditions of use
1. Introduction
1.1 These terms and
conditions shall govern your use of Zomfy.
1.2 By using ZOMFY, you
accept these terms and conditions in full; accordingly, if you
disagree with these terms and conditions or any part of these terms
and conditions, you must not use ZOMFY.
1.5 ZOMFY uses cookies;
by using ZOMFY or agreeing to these terms and conditions, you consent
to our use of cookies in accordance with the terms of our privacy and
cookies policy.
2. Copyright notice
2.1 Copyright (c) 2015
Inqc Limited.
2.2 Subject to the
express provisions of these terms and conditions:
(a) we, together with
our licensors, own and control all the copyright and other
intellectual property rights in ZOMFY and the material on ZOMFY; and
(b) all the copyright
and other intellectual property rights in ZOMFY and the material on
ZOMFY are reserved.
4. Licence to use
website
4.1 You may:
(a) view pages from
ZOMFY in a web browser;
(b) download pages from
ZOMFY for caching in a web browser;
(c) print pages from
ZOMFY;
(c) transfer large
files of up to 5GB with an optional password protection through Zomfy
by means of a web browser.
subject to the other
provisions of these terms and conditions.
4.2 Except as expressly
permitted by Section 4.1 or the other provisions of these terms and
conditions, you must not download any material from ZOMFY or save any
such material to your computer.
4.3 You may only use
ZOMFY for your own personal and business purposes, and you must not
use ZOMFY for any other purposes.
4.4 Except as expressly
permitted by these terms and conditions, you must not edit or
otherwise modify any material on ZOMFY.
4.5 Unless you own or
control the relevant rights in the material, you must not:
(a) republish material
from ZOMFY (including republication on another website);
(b) sell, rent or
sub-license material from ZOMFY;
(c) show any material
from ZOMFY in public;
(d) exploit material
from ZOMFY for a commercial purpose; or
(e) redistribute
material from ZOMFY.
4.6 Notwithstanding
Section 4.5, you may redistribute our newsletter in print and
electronic form to any person.
4.7 We reserve the
right to restrict access to areas of ZOMFY, or indeed our whole
website, at our discretion; you must not circumvent or bypass, or
attempt to circumvent or bypass, any access restriction measures on
ZOMFY.
5. Acceptable use
5.1 You must not:
(a) use ZOMFY in any
way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability or
accessibility of the website;
(b) use ZOMFY in any
way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose
or activity;
(c) use ZOMFY to copy,
store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software;
(d) conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data
harvesting) on or in relation to ZOMFY without our express written
consent;
(e) access or otherwise
interact with ZOMFY using any robot, spider or other automated means;
(f) violate the
directives set out in the robots.txt file for ZOMFY; or
(g) use data collected
from ZOMFY for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct
mailing).
5.2 You must not use
data collected from ZOMFY to contact individuals, companies or other
persons or entities.
5.3 You must ensure
that all the information you supply to us through ZOMFY, or in
relation to ZOMFY, is true, accurate, current, complete and
non-misleading.
6. Your content:
licence
6.1 In these terms and
conditions, "your content" means all works and materials
(including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files)
that you submit to us or ZOMFY for storage or publication on,
processing by, or transmission via, ZOMFY.
6.2 You grant to us a
worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute your
content in any existing or future media / reproduce, store and
publish your content on and in relation to this website and any
successor website / reproduce, store and, with your specific consent,
publish your content on and in relation to this website.
6.3 You grant to us the
right to sub-license the rights licensed under Section 6.2.
6.4 You grant to us the
right to bring an action for infringement of the rights licensed
under Section 6.2.
6.5 You hereby waive
all your moral rights in your content to the maximum extent permitted
by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent
permitted by applicable law.
6.6 You may edit your
content to the extent permitted using the editing functionality made
available on ZOMFY.
6.7 Without prejudice
to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions
in any way, we may delete, unpublish or edit any or all of your
content.
7. Your content:
rules
7.1 You warrant and
represent that your content will comply with these terms and
conditions.
7.2 Your content must
not be illegal or unlawful, must not infringe any person's legal
rights, and must not be capable of giving rise to legal action
against any person (in each case in any jurisdiction and under any
applicable law).
7.3 Your content, and
the use of your content by us in accordance with these terms and
conditions, must not:
(a) be libellous or
maliciously false;
(b) be obscene or
indecent;
(c) infringe any
copyright, moral right, database right, trade mark right, design
right, right in passing off, or other intellectual property right;
(d) infringe any right
of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute an
incitement to commit a crime, instructions for the commission of a
crime or the promotion of criminal activity;
(g) be in contempt of
any court, or in breach of any court order;
(h) be in breach of
racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of
official secrets legislation;
(k) be in breach of any
contractual obligation owed to any person;
(l) depict violence, in
an explicit, graphic or gratuitous manner;
(m) be pornographic,
lewd, suggestive or sexually explicit;
(n) be untrue, false,
inaccurate or misleading;
(o) consist of or
contain any instructions, advice or other information which may be
acted upon and could, if acted upon, cause illness, injury or death,
or any other loss or damage;
(p) constitute spam;
(q) be offensive,
deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance,
inconvenience or needless anxiety to any person.
8. Limited
warranties
8.1 We do not warrant
or represent:
(a) the completeness or
accuracy of the information published on ZOMFY;
(b) that the material
on the website is up to date; or
(c) that the website or
any service on the website will remain available.
8.2 We reserve the
right to discontinue or alter any or all of ZOMFY services, and to
stop publishing ZOMFY, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided
otherwise in these terms and conditions, you will not be entitled to
any compensation or other payment upon the discontinuance or
alteration of any website services, or if we stop publishing the
website.
8.3 To the maximum
extent permitted by applicable law and subject to Section 9.1, we
exclude all representations and warranties relating to the subject
matter of these terms and conditions, ZOMFY and the use of ZOMFY.
9. Limitations and
exclusions of liability
9.1 Nothing in these
terms and conditions will:
(a) limit or exclude
any liability for death or personal injury resulting from negligence;
(b) limit or exclude
any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law.
9.2 The limitations and
exclusions of liability set out in this Section 9 and elsewhere in
these terms and conditions:
(a) are subject to
Section 9.1; and
(b) govern all
liabilities arising under these terms and conditions or relating to
the subject matter of these terms and conditions, including
liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty.
9.3 To the extent that
ZOMFY and the information and services on ZOMFY are provided free of
charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be
liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
9.5 We will not be
liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
9.6 We will not be
liable to you in respect of any loss or corruption of any data,
database or software.
9.7 We will not be
liable to you in respect of any special, indirect or consequential
loss or damage.
9.8 You accept that we
have an interest in limiting the personal liability of our officers
and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not
bring any claim personally against our officers or employees in
respect of any losses you suffer in connection with the website or
these terms and conditions (this will not, of course, limit or
exclude the liability of the limited liability entity itself for the
acts and omissions of our officers and employees).
10. Breaches of
these terms and conditions
10.1 Without prejudice
to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect
that you have breached these terms and conditions in any way, we may:
(a) send you one or
more formal warnings;
(b) temporarily suspend
your access to ZOMFY;
(c) permanently
prohibit you from accessing ZOMFY;
(d) block computers
using your IP address from accessing ZOMFY;
(e) contact any or all
your internet service providers and request that they block your
access to ZOMFY;
(f) commence legal
action against you, whether for breach of contract or otherwise;
and/or
(g) suspend or delete
your account on ZOMFY.
10.2 Where we suspend
or prohibit or block your access to ZOMFY or a part of ZOMFY, you
must not take any action to circumvent such suspension or prohibition
or blocking (including without limitation creating and/or using a
different account).
11. Variation
11.1 We may revise
these terms and conditions from time to time.
11.2 The revised terms
and conditions shall apply to the use of ZOMFY from the date of
publication of the revised terms and conditions on the website, and
you hereby waive any right you may otherwise have to be notified of,
or to consent to, revisions of these terms and conditions. / We will
give you written notice of any revision of these terms and
conditions, and the revised terms and conditions will apply to the
use of ZOMFY from the date that we give you such notice; if you do
not agree to the revised terms and conditions, you must stop using
ZOMFY.
11.3 If you have given
your express agreement to these terms and conditions, we will ask for
your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms
and conditions within such period as we may specify, we will disable
or delete your account on the website, and you must stop using the
website.
12. Assignment
12.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our
rights and/or obligations under these terms and conditions.
12.2 You may not
without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these
terms and conditions.
13. Severability
13.1 If a provision of
these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
13.2 If any unlawful
and/or unenforceable provision of these terms and conditions would be
lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in
effect.
14. Third party
rights
14.1 These terms and
conditions are for our benefit and your benefit, and these terms and
conditions are not intended to benefit or be enforceable by any third
party.
14.2 The exercise of
the parties' rights under these terms and conditions is not subject
to the consent of any third party.
15. Entire agreement
15.1 Subject to Section
9.1, these terms and conditions, together with our privacy and
cookies policy, shall constitute the entire agreement between you and
us in relation to your use of ZOMFY and shall supersede all previous
agreements between you and us in relation to your use of ZOMFY.
16. Law and
jurisdiction
16.1 These terms and
conditions shall be governed by and construed in accordance with Hong
Kong law.
16.2 Any disputes
relating to these terms and conditions shall be subject to the
exclusive jurisdiction of the courts of Hong Kong.
17. Our details
17.1 This website is
owned and operated by Inqc Limited.
17.2 We are registered
in Hong Kong.
17.3 Our principal
place of business is at Hong Kong.
17.4 You can contact us
by writing to the business address given above, by using ZOMFY
contact form, by email to admin@Zomfy.com.
Copyright
notice
1. Copyright notice
1.1 Copyright (c) 2015
Inqc Limited.
1.2 Subject to the
express provisions of this notice:
(a) we, together with
our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our
website; and
(b) all the copyright
and other intellectual property rights in our website and the
material on our website are reserved.
2. Copyright licence
2.1 You may:
(a) view pages from our
website in a web browser;
(b) download pages from
our website for caching in a web browser;
(c) print pages from
our website;
(d) transfer large
files of up to 5GB with an optional password protection through Zomfy
by means of a web browser.
subject to the other
provisions of this notice.
2.2 Except as expressly
permitted by the other provisions of this notice, you must not
download any material from our website or save any such material to
your computer.
2.3 You may only use
our website for your own personal and business purposes, and you must
not use our website for any other purposes.
2.4 Except as expressly
permitted by this notice, you must not edit or otherwise modify any
material on our website.
2.5 Unless you own or
control the relevant rights in the material, you must not:
(a) republish material
from our website (including republication on another website);
(b) sell, rent or
sub-license material from our website;
(c) show any material
from our website in public;
(d) exploit material
from our website for a commercial purpose; or
(e) redistribute
material from our website, save to the extent expressly permitted by
this notice.
3. Acceptable use
3.1 You must not:
(a) use our website in
any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability or
accessibility of the website;
(b) use our website in
any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose
or activity;
(c) use our website to
copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software; or
(d) conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data
harvesting) on or in relation to our website without our express
written consent.
4. Report abuse
4.1 If you learn of any
unlawful material or activity on our website, or any material or
activity that breaches this notice, please let us know.
4.2 You can let us know
by email or by using our abuse reporting form.
5. Enforcement of
copyright
5.1 We take the
protection of our copyright very seriously.
5.2 If we discover that
you have used our copyright materials in contravention of the licence
set out in this notice, we may bring legal proceedings against you,
seeking monetary damages and/or an injunction to stop you using those
materials. You could also be ordered to pay legal costs.
6. Permissions
6.1 You may request
permission to use the copyright materials on our website by writing
to us by email or post, using the contact details published on the
website.
Cookies
policy
1. Introduction
1.1 Zomfy uses cookies.
1.2 We will ask you to
consent to our use of cookies in accordance with the terms of this
policy when you first visit Zomfy. / By using Zomfy and agreeing to
this policy, you consent to our use of cookies in accordance with the
terms of this policy.
2. About
cookies
2.1 A cookie is a file
containing an identifier (a string of letters and numbers) that is
sent by a web server to a web browser and is stored by the browser.
The identifier is then sent back to the server each time the browser
requests a page from the server.
2.2 Cookies may be
either "persistent" cookies or "session" cookies:
a persistent cookie will be stored by a web browser and will remain
valid until its set expiry date, unless deleted by the user before
the expiry date; a session cookie, on the other hand, will expire at
the end of the user session, when the web browser is closed.
2.3 Cookies do not
typically contain any information that personally identifies a user,
but personal information that we store about you may be linked to the
information stored in and obtained from cookies.
2.4 Cookies can be used
by web servers to identity and track users as they navigate different
pages on a website and identify users returning to a website.
3. Our
cookies
3.1 We use both session
and persistent cookies on Zomfy.
3.2 The names of the
cookies that we use on Zomfy, and the purposes for which they are
used, are set out below:
(a) we use both session
and persistent cookies on Zomfy to recognize a computer when a user
visits the website / track users as they navigate the website /
improve the website's usability / analyze the use of the website /
administer the website / prevent fraud and improve the security of
the website / personalize the website for each user / target
advertisements which may be of particular interest to specific users;
4. Analytics
cookies
4.1 We use Google
Analytics to analyze the use of Zomfy.
4.2 Our analytics
service provider generates statistical and other information about
website use by means of cookies.
4.3 The
analytics cookies used by Zomfy have the following names: _ga
and _gat
4.4 The information
generated relating to Zomfy is used to create reports about the use
of Zomfy.
4.5 Our analytics
service provider's privacy policy is available at:
http://www.google.com/policies/privacy/.
5. Blocking
cookies
5.1 Most browsers allow
you to refuse to accept cookies; for example:
(a) in Internet
Explorer (version 10) you can block cookies using the cookie handling
override settings available by clicking "Tools", "Internet
Options", "Privacy" and then "Advanced";
(b) in Firefox (version
24) you can block all cookies by clicking "Tools",
"Options", "Privacy", selecting "Use custom
settings for history" from the drop-down menu, and unticking
"Accept cookies from sites"; and
(c) in Chrome (version
29), you can block all cookies by accessing the "Customize and
control" menu, and clicking "Settings", "Show
advanced settings" and "Content settings", and then
selecting "Block sites from setting any data" under the
"Cookies" heading.
5.2 Blocking all
cookies will have a negative impact upon the usability of many
websites.
6. Deleting
cookies
6.1 You can delete
cookies already stored on your computer; for example:
(a) in Internet
Explorer (version 10), you must manually delete cookie files (you can
find instructions for doing so at
http://support.microsoft.com/kb/278835);
(b) in Firefox (version
24), you can delete cookies by clicking "Tools", "Options"
and "Privacy", then selecting "Use custom settings for
history", clicking "Show Cookies", and then clicking
"Remove All Cookies"; and
(c) in Chrome (version
29), you can delete all cookies by accessing the "Customize and
control" menu, and clicking "Settings", "Show
advanced settings" and "Clear browsing data", and then
selecting "Delete cookies and other site and plug-in data"
before clicking "Clear browsing data".
6.2 Deleting cookies
will have a negative impact on the usability of many websites.
7. Our
details
7.1 This
website is owned and operated by Inqc Limited.
7.2 We
are registered in Hong Kong.
7.3 Our
principal place of business is at Hong Kong.
7.4 You
can contact us by writing to the business address given above, by
using Zomfy contact form, by email to admin@zomfy.com.
Linking
policy
1. Introduction
1.1 We welcome links to
Zomfy made in accordance with the terms of this policy.
1.2 This policy is
intended to assist you when linking to Zomfy. / By using Zomfy you
agree to be bound by the provisions of this policy.
2. Links to Zomfy
2.1 Links pointing to
Zomfy should not be misleading.
2.2 Appropriate link
text should always be used in links pointing to Zomfy.
2.3 From time to time
we may update the URL structure of Zomfy and, unless we agree in
writing otherwise, all links should point to https://www.zomfy.com.
2.4 You must not use
our logo to link to Zomfy (or otherwise) without our express written
permission.
2.5 You must not link
to Zomfy using any inline linking technique.
3.6 You must not frame
the content of Zomfy or use any similar technology in relation to the
content of the website.
3. Links from Zomfy
3.1 Zomfy includes
hyperlinks to other websites owned and operated by third parties;
such hyperlinks are not recommendations.
3.2 We have no control
over the contents of third party websites, and we accept no
responsibility for them or for any loss or damage that may arise from
your use of them.
4. Removal of links
4.1 You agree that,
should we request the deletion of a link to Zomfy that is within your
control, you will delete the link promptly.
4.2 If you would like
us to remove a link to Zomfy that is included on this website, please
contact us using the contact details below. Unless you have a legal
right to demand removal, such removal will be at our discretion.
5. Variation
5.1 We may amend this
policy at any time by publishing a new version on Zomfy.
6. Our details
6.1 This website is
owned and operated by Inqc Limited.
6.2 Our principal place
of business is at Hong Kong.
