2. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current or error-free.
3. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Oasis Audio, our affiliates, partners or licensors, and is protected by HK and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and/or unregistered marks of Oasis Audio, our affiliates, partners or licensors in HK and other countries, and are protected by international trademark laws.
Neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
4. Your Obligations and Responsibilities
5. Third Party Links
We are not responsible for the content of any off-web site pages or any other web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by Oasis Audio, our affiliates, or our partners of the referenced content, products and services. Your linking to or from any off-web site pages or other web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
7. Representations and Warranties: Limitation of Liability
The Site is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruptions of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web site links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party web sites; (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental or consequential damages or any kind (including lost profits) related to the site regardless of the form or action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Republic of HK, as if the Terms and Conditions were a contract wholly entered into and wholly performed within HK. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in HK, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
We reserve the right, in our sold discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with our without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
We have taken great measures to ensure that your visit to the Site is an excellent one and that your privacy is constantly respected.