RacingMemories.hk

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By applying for membership to enter the Members Section of this website, www.racingmemories.hk ("Website"), you are deemed to have accepted the Terms and Conditions set out hereunder.  We may, in our sole discretion, revise these Terms & Conditions from time to time without notifying you in advance.  Your continued use of this Website or our services will be deemed acceptance of the prevailing Terms and Conditions as may be revised from time to time by us.


1.	Membership

    1.1	You can apply to become a member by completing our prescribed registration form. We require you to provide us with your real name and personal data. You warrant and represent that all the information you provide in the registration form is true, accurate, up-to-date and complete and you will promptly notify us of any changes. You acknowledge and accept that your eligibility to membership and entitlement to any services we may provide is entirely at our discretion and we shall not be required to provide any reasons for our decisions or actions.  

    1.2	Once your application is accepted, you shall design your user name and password in accordance with our guidelines, if any. You accept that you do not have any property right in any user name or password save and except to use them to access our Website while you remain a member. 

    1.3	You cannot assign or transfer your membership or allow any third party to use your user name and/or password without our prior written consent.

    1.4	You shall keep your user name and password strictly confidential. We accept no responsibility for any misuse or misappropriation of your user name and/or password and you accept full responsibility for any such misuse or misappropriation. You further accept unreservedly that any communication via use of your user name and password shall be deemed to originate from you.  We suggest you to immediately notify us to effect any changes if you know or have reasons to suspect that your user name and password has been known to a third party or has been misused. 

    1.5	You are solely responsible for installing, modifying or maintaining whatever system, equipment and facilities to access and interact with our Website, to enjoy the information or contents available to you and/or to communicate your Contents via the Website. You shall take all steps to ensure system compatibility between yourself and our Website.


2.	Members' Section

    2.1	Once you are accepted as a member, in addition to access to those contents open to the public, you are entitled to have access to such part of our Members Section as we shall prescribe and to enjoy the services offered therein.  

    2.2	You acknowledge that we do not accept any legal responsibility of your conduct by accepting you as a member or by accepting, refusing, publishing, editing, distributing, making available, communicating or removing any statement, article, photograph, artwork, image, film, information or other material (collectively "Contents") you may post or have posted on the Website. For the avoidance of any doubt, you and we are independent parties and nothing herein shall be construed to form any principal/agency, partner or joint venture relationship between you and us or between you and any other user or member of this Website.  We reserve the right to revoke your membership, access to or use of the Website at any time without reason.



3.	General Conduct

    3.1	You acknowledge that this Website is a social media platform which provides users and members of all age groups who have an interest in the sports of horse racing with infotainment about horse racing activities and a forum to share their commentaries, memories or experience about or with horse racing, trainers, jockeys, horses and races and the related events.

    3.2	You will not:-

            (a)	post, upload, make available, distribute, publish or otherwise communicate on or through this Website:-

                     (i)	any Content that is unlawful, intimidating, abusive or contrary to public morality or decency;
                     (ii)	anything which would restrict or hamper other users and/or members from using and enjoying this Website and sites officially linked hereto;
                     (iii)	any Content containing a virus or other component which may affect the functionality of this Website, and other linked websites or may cause damage to, interference with, erosion of contents, data or system belonging to us,  our content providers, owners of linked Websites or other user or member of this Website;
                     (iv)	any false, misleading or incorrect information;

            (b)	tamper or interfere with, intercept or expropriate any computer programme, system data or contents belonging to or used by us or any third party;

            (c)	gain unauthorised access to other sites or systems through this Website;

            (d) 	intrude other people's personal data, privacy or right of publicity or disclose or publish any user name or password belonging to other members;

            (e)	make any linking to other sites or framing of materials from other sites unless you have our prior written approval;  

	    (f)	        attempt to make any commercial communications or seek any commercial gain via use of the Website.

    3.3	In addition to Clause 3.2, you undertake to abide by all applicable laws and regulations in the conduct of your activities on or through this Website and accept sole responsibility for any Content you propose, post, upload, make available, distribute, publish or otherwise communicate via this Website.  Without prejudice to the generality of the foregoing, you undertake that any Content  provided by you shall not:-

            (a)	contain anything which would infringe any rights of third party, including without limitation, intellectual property rights or any rights of portrait, privacy, secrecy or publicity;

            (b)	be pornographic, provocative, obscene, blasphemous, malicious, libellous or defamatory; 

            (c)	contain or show any foul language, indecent signs, nudity, drunkenness, violence or improper behaviour;

            (d)	contain any national security materials or politically inaccurate or ambiguous statements or materials;  or

            (e)	incite any social, racial, ethnic or religious confrontation, hatred, unrest or discrimination of any kind.

    3.4	You warrant that except for reason of incidental inclusion, you will not include in your Contents materials or information contain the names, trade marks, service marks or logos of others, whether or not  for the purposes of publicising or promoting the same.


4.	Ownership of Contents

    4.1	You acknowledge that any Contents you provide may be used and shown on the Website (not limited to the Members' section) in its original or adapted form for viewing or sharing by any person accessing the Website. You represent and warrant that you are either the sole and absolute owner of all rights, including without limitation copyright, in or have obtained the right to share the Contents you provide. Where rights are obtained from third parties, you undertake to include or display (and draw our specific attention to such inclusion or display) proper attribution, acknowledgement, copyright or other proprietary notice as may be appropriate. 

    4.2	For the avoidance of doubt, you hereby grant to us a non-exclusive, irrevocable, royalty-free, worldwide licence to use any of your Contents on our Website. You accept that we have absolute discretion when, how and where in the Website to use your Contents and whether in their original form or such form as may be adapted or modified by us.


5.	Content Responsibility

    5.1	You accept that whilst we have no obligation to monitor, check, vet or scan through any Content you may provide, we reserve the right to edit, remove or take such action (whether temporary or permanent) we shall deem appropriate if we are of the opinion that any such Content may give rise to any controversy, dispute or liability or would offend, upset or incite any other user or member of our Website.

    5.2	You acknowledge that we do not accept any legal responsibility by accepting, refusing, editing, adapting or removing any Content you posted on our Website or by approving, condoning or disapproving your conduct on or through this Website.  For the avoidance of doubt, none of our act of commission or omission absolves any of your obligations owed to us and to other users or members of this Website under these Terms and Conditions.


6.	Acknowledgement

    6.1	Any information you may obtain from this Website shall be for your personal enjoyment only.  You acknowledge that all information, data, materials and contents (whether or not developed, collected or compiled by us) in connection with the operation of our Website shall be our exclusive property or shall belong to their respective owners and cannot be copied, reproduced, published, distributed, sold or in any way dealt with.	

    6.2	You acknowledge and accept that we are free to copy, extract, adapt, summarise, analyse, compile or process any Content you may supply to us for use for the purpose of our Website.

    6.3	In addition to these Terms and Conditions, specific terms, guidelines and rules may be implemented or posted from time to time to ensure that this Website remains a secured and respectable forum for the public and its members.  These specific terms, guidelines or rules shall form part of these Terms and Conditions and shall override any provisions herein which are contrary thereto.


7.	Disclaimer 

    7.1	We disclaim and make no warranty, representation or undertaking that:-

            (a)	our Website is error or virus free;
            (b)	access to or operation of our Website will be uninterrupted;
            (c)	our Website is compatible with the operation of your system or systems of other users;
            (d)	information on our Website is true, complete, up-to-date, accurate or reliable;
            (e)	communication via our Website is secured;
            (f) 	communication will be duly or timely delivered on or through our Website;
            (g)	information which is communicated to or through our Website will be properly, accurately and fully stored;
            (h)	our selection, processing, analysis and compilation of any information, data or content is complete or accurate;
            (i) 	we endorse, approve or are otherwise responsible for any contents of other websites and pages linked to our Website.
	
    7.2	We provide our Website on an “as is” basis without any warranty or condition, express or implied. Without prejudice to Clauses 7.1 and 7.2, you accept that we disclaim any representation or warranty (express or implied) as to the timeliness, reliability or accuracy of any information or contents appearing on this Website and that use of our Website and any information or material thereon is at your own risk and discretion. 

    7.3	We shall not be liable to you or any person (whether in tort, contract or otherwise) for any loss or damage suffered, whether special, incidental or consequential, directly or indirectly, related to the use of, or the errors, defects or malfunction of, or the inability to use (whether due to communication failure, incompatibility, computer virus, unlawful interception etc), or the delay in using our Website or as a result of the publication or use of any content, materials or functions of our Website, including without limitation loss of business, revenue, profits or reputation notwithstanding whether or not we have been advised of or foresee the possibility of such damages.

    7.4	We hereby expressly disclaim all warranties of any kind, to the fullest extent permitted by law, including but not limited to all implied warranties as to merchantability, fitness for particular purpose, title and non-infringement of our Website and any content thereon. You irrevocably agree to unconditionally release us from any claims or damages arising out of or in any way connected with your use of our Website.


8.	Indemnification

You agree to indemnify, defend and hold us, our directors, officers, employees and agents harmless against all claims and damages (including without limitation all legal costs on a solicitor-client basis) which arise from your breach of any of the Terms & Conditions herein or your use of our Website.


9.	Personal Data

You are aware of your rights under the Personal Data (Privacy) Ordinance and agree that all the personal data you provide to us may be used for the purposes of collecting data for identity, verification and records, sending you information about our products and services, maintaining contact lists for correspondence, commercial statistics and analysis. In addition, we may release your personal data and information about your activities carried out or Contents communicated via or over our Website when such release is to:-

    (a)	customs, administrative, enforcement or judicial authorities in Hong Kong;
    (b)	comply with applicable laws, regulations and codes;
    (c)	enforce any of these Terms and Conditions; or
    (d)	protect the rights, property or interest of other  users and/or members of this Website. 


10.	Termination 

   10.1	We may terminate your membership forthwith upon any breach by you of any of these Terms and Conditions.

   10.2	In addition to Clause 10.1, you further accept that we may terminate or suspend your membership or the operation of the Website at any time without giving any prior notice and without giving any reason.

   10.3	Upon termination of your membership, your user name and password will become ineffective and you shall no longer have access to our Members Section or any other section which is not open to the public.


11.	Miscellaneous 

   11.1	Any provision of these Terms & Conditions prohibited by or declared unlawful, void or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed herefrom and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms & Conditions and shall not in any way affect any other circumstances or the validity or enforcement of the remaining Terms & Conditions. 

   11.2	No failure or delay on our part to exercise any right, power or remedy under these Terms & Conditions shall operate as a waiver thereof, nor shall any single or partial exercise by us of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

   11.3	These Terms and Conditions may be available in Chinese.  The English version shall prevail if there is any inconsistency between the English version and the Chinese version. 


12.	Governing Law

These Terms & Conditions shall be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) and the parties agree to submit to the exclusive jurisdiction of the Hong Kong courts.
Accept the Terms & Conditions (for Members Section)


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