Terms of Use
LAST UPDATED – June 2022
1. You Agree to These Terms by Using this Site
Your access to and use of www.proxous.com, including the website’s content, services, and provided software (collectively referred to as the “Site”) are subject to the following Terms of Use as well as all applicable laws and regulations (which are referred to as the “Agreement”). If you do not agree to and accept these Terms of Use and this Agreement, without limitation or qualification, please exit the Site immediately.
2. Ownership of Content
The Site and all its contents, including but not limited to all text, images, audio, and video (the “Content”) are owned and copyrighted by Proxous Advanced Solutions Limited (“Proxous”), its subsidiaries, sponsors, or affiliated companies (collectively, the “Affiliated Entities”), or others, with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Proxous or others. Your use of any Content except as provided in these Terms of Use, without the written permission of the Content owner, is strictly prohibited. You are also advised that Proxous will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution, when applicable.
3. Your Use of the Site
Proxous grants you permission to use the Site as follows:
• This Site contains various Content as stated in Term #2.
• The only Content you may download from this Site is Content made available specifically for downloading. You may download such Content for non-commercial, personal use, provided that you retain all copyright and other proprietary notices contained in the Content.
• You must comply with all applicable laws, rules and regulations while using the Site; you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use Content without the express and written permission of Proxous.
• You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law (the “Prohibited Material”). Proxous will fully co-operate with any law enforcement authorities or any court order requesting or directing Proxous to disclose the identity of anyone posting or transmitting any Prohibited Material. What Proxous considers to be Prohibited Material may not be the same as what the general public considers inappropriate; therefore, Proxous reserves the right to decide, in its sole discretion (except for that which is strictly prohibited and defined by law) what is inappropriate and therefore Prohibited Material.
• You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of Proxous or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that Proxous endorses any statement you make.
• You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of, or access to the Site.
• You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or program that is harmful or invasive or that could damage or hijack the operation of, or monitor the use of any hardware, software, or equipment of Proxous or any other person, entity, or governmental body.
• You are prohibited from using the Site to violate the legal rights of others or to collect personally identifiable information about Site users.
• You are prohibited from restricting any other person from using the Site, from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available, and from violating any requirements, procedures, policies, or regulations of such networks.
• You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.
4. Software, Services, and User Content
Proxous may occasionally provide Site users with access to specialized content and interactive services through which they can display or post information and materials. This includes but is not limited to community forums (such as content and services, collectively called the “Services”), and certain software tools that can be used for various purposes, such as viewing video provided by the Site, interacting with other Site users, or creating content (collectively called the “Software”).
The Services and Software, the information and materials made available through the Site, and all software used to make the Site available are and shall remain the sole and exclusive property of Proxous and its licensors and suppliers. They are protected by copyright, trademark, patent, and/or other proprietary rights and laws, both under Hong Kong and international law. Subject to your compliance with these Terms of Use, and solely if you are permitted by Proxous to access and use the Site, you may download and view one (1) copy of any Content and Software on the Site to which Proxous provides you access or download, on any single computer. This download is solely for your personal, non-commercial, home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in writing in advance by Proxous, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works from , reverse engineer, decompile, or disassemble any Services or Software, all or any part of the Site, or any materials made available through the Site. Certain Software may be governed by an additional end user license agreement or “EULA” to which you may be required to agree before using such Software. The required EULA, if applicable, can be found on this Site.
With respect to information or materials that you choose to display or post on any interactive services of the Site (the “User Content”), you grant Proxous and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, compensation-free, perpetual, irrevocable right and license to: (a) use, reproduce, distribute, adapt (including without limitation to edit, modify, translate, and reformat), derive, transmit, display and perform(publicly or otherwise), such User Content (including, without limitation, your voice or likeness as embodied in such User Content), in any media now known or hereafter developed, for Proxous’ and the Affiliated Entities’ business purposes, and to (b) sublicense the aforementioned rights, through multiple tiers, to the maximum extent permitted by applicable law. The aforementioned licenses shall survive termination of this Agreement should that occur for any reason. For each item of User Content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including, without limitation, rights in any musical compositions and/or sound recordings, video clips, or graphic images embodied or embedded in any User Content), and that such User Content (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you may have under any applicable law under any legal theory.
For any User Content, you acknowledge and agree that Proxous reserves the right (but has no obligation) to evaluate all User Content before allowing it to be posted on the Site or otherwise stored in connection with the Site. You also acknowledge and agree that Proxous may do any of the following, at its sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post User Content, or allow it to be posted or stored; (iii) monitor and/or filter any of your communications through the Site (including, without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose User Content or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Proxous, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives, and affiliates, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. In addition, Proxous has no control over, and Proxous and the Affiliated Entities shall have no liability to you for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public by you through any User Content or any other part of the Site.
Please note that other Site visitors may post messages or make statements in the Services that are inaccurate, misleading, deceptive, or offensive. Proxous and the Affiliated Entities neither endorse nor are responsible for any opinion, advice, information, or statements made in any Services by third parties. Without limitation, Proxous and the Affiliated Entities are not responsible for any information or materials made available through the Services (including, without limitation, errors or omissions in postings or links, or images embedded in messages or profiles), or results obtained by using any such information or materials. Under no circumstances will Proxous, the Affiliated Entities, or their respective employees, officers, directors, shareholders, agents, representatives, or affiliates be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Services solely reflect the opinions of the individuals who submitted them and may not reflect the opinions of Proxous or any of the Affiliated Entities.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR IN ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK AND PROXOUS ASSUMES NO LIABILITY IN EQUITY OR LAW FOR SUCH DISCLOSURE UNDER ANY LEGAL THEORY.
5. Registration; User Names and Passwords
You may be required to register with Proxous to access certain areas of the Site. Regarding any such registration, Proxous may refuse to grant you, and you may not use, a username (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is determined offensive by Proxous, regardless of general public acceptance; or that Proxous rejects for any other reason in its sole discretion. You are solely responsible for maintaining the confidentiality of any password you may use to access the Site, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to the Site to any third party. If you do so, you agree that we may immediately terminate your use of the Site. You are fully responsible for all Site interaction that occurs in connection with your username or password. You agree to immediately notify Proxous of any unauthorized use of your username or password or of any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. Proxous is not liable for any loss or damage arising from your failure to comply with any of the terms
6. Privacy
Any personal data (for example, your name, address, telephone number, or email address) that you transmit to the Site by email, or otherwise, will be used by Proxous in accordance with the Site’s Privacy Policy as posted and updated. Any other communication or material you transmit to the Site, such as questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. Email and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may immediately terminate your use of the Site.
7. Disclaimer of Warranties
THE SITE AND ALL SOFTWARE, SERVICES, CONTENT, AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. While not limited to the aforementioned exclusions, Proxous neither warrants nor represents that your use of the Site, any Software, Services, Content, or User Content will not infringe the rights of any third parties nor that any of the exclusions will be accurate, complete, or up to date. Additionally, with reference to any postings, submissions, and the like that may be on the Site, Proxous assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
8. Exclusion of Liability
YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES, OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER PROXOUS, NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, SHAREHOLDERS, LICENSORS, AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES. THIS INCLUDES DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, SOFTWARE, CONTENT, OR USER CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER PROXOUS NOR ANY OF ITS AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY PROXOUS OR ANY THIRD PARTY. YOUR SOLE COURSE OF ACTION IF YOU ARE DISSATISFIED WITH THE SITE IS TO STOP USING IT.
Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
9. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Proxous (the “Third-Party Sites”). Such Third–Party Sites are provided for your convenience only. Proxous does not control and is not responsible for the content or privacy policies on, or the security of, such Third-Party Sites. Though this list is not exhaustive, Proxous specifically disclaims any responsibility if such Third-Party Sites do the following:
• Infringe any Third Party’s intellectual property rights
• Are inaccurate, incomplete, or misleading
• Are not merchantable or fit for a particular purpose
• Do not provide adequate security
• Contain viruses or other destructive items
• Are libelous or defamatory
Proxous does not endorse the content nor any products or services available on Third–Party Sites. If you establish a link to such Third-Party Sites, you do so at your own risk and without actual or apparent permission from Proxous.
10. Indemnity
You agree to defend, indemnify, and hold harmless Proxous, the Affiliated Entities, and any other party involved in creating, producing, or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors, and representatives, from and against all claims, losses, costs, and expenses (including but not limited to lawyers’ fees) arising out of: (a) your use of or activities in connection with the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission or User Content that you make available or create through the Site, the Services, or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any Third Party.
11. Termination
You agree that Proxous, in its sole discretion, may terminate your access to or use of the Site and the Services at any time and for any reason, without limitation, if Proxous believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may take effect without prior notice and that Proxous may immediately deactivate or delete your account, including your password and all other related information and files associated with your account, and may bar further access to such information. You agree that neither Proxous nor any of the Affiliated Entities will be liable to you or any Third Party for such termination and that Proxous will not be required to make information or files available to you after you are terminated.
12. Revisions to the Terms
Proxous may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the most current Terms of Use. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” date at the top of this document. If your failure to review these Terms of Use results in a change in the way this Site is used, which then adversely affects you, it will not be a defense that you were not notified of the change.
All content and services made available through the Site that were not available as of the “LAST UPDATED” date shall automatically be deemed part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the “LAST UPDATED” date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.
When using any Services or Software on the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such Services or Software. These rules, terms, and conditions are hereby incorporated in the Terms of Use by this reference.
13. Revisions to the Site
Proxous reserves the right to do the following at any time, temporarily or permanently, in whole or in part: modify or discontinue the Site, the Services, or the Software, with or without notice; limit the Site’s availability to any person, geographic area, or jurisdiction it chooses; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither Proxous nor any of the Affiliated Entities shall be liable to you or to any Third Party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any Service, Software, Content, submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of those changes.
14. Choice of Law, Jurisdiction and Venue
These Terms of Use and your use of the Site are governed by the laws of Hong Kong, without regard to its choice of law provisions and without regard to your country or state of residency. The courts of general jurisdiction located in Hong Kong will have exclusive subject matter and personal jurisdiction over all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact. You waive any jurisdictional, venue, or inconvenient forum objections to such courts.
15. Severability
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms of Use. This will not affect the validity and enforceability of the remaining provisions.
16. Void Where Prohibited.
Although this Site may be accessible worldwide, not all services referenced in this Site are available to everyone or in all locations or jurisdictions. Proxous reserves the right to limit the availability of this Site and/or the provision of any service to any person, geographic area, or jurisdiction that it so desires, at any time, and in its sole and exclusive discretion.