Website Terms of Use

- Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement (the “Terms of Use”) is a legally binding contract between you (“You” or “Your”) and Network CN Inc., its business units, divisions, subsidiaries, and Strategic Partners (“NCN,” “We,” “Us,” or “Our”). This agreement governs your use of any Web site or Web page operated by NCN and its affiliate properties, including any site from which you access this agreement (collectively, the “Sites”).

Through the Sites, NCN offers access to certain Goods, such as merchandise, gifts and accessories (collectively, the “Goods”), as well as certain services, including, but not limited to, corporate and investor information, information regarding its resorts and hotels, reservation services for hotel accommodations, restaurants, and for employment, (collectively, the “Services”).

You must read, agree with, and accept all of the terms and conditions contained in these Terms of Use governing the sale and delivery of any Goods and/or access to and use of the Services, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a guest (“Guest”) of the NCN Sites. By accessing the Sites and/or the Goods and/or the Services You agree to the terms and conditions as outlined in these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to use or access the Sites or the Services, or purchase the Goods.

Two types of users may access the Sites – browsers on the Sites that do not upload or download any information on the Sites or access any password-restricted services (such as making reservations), and Guests. Our password-restricted services are only available to Guests. Without limiting the foregoing, our password-restricted services are not available to persons under 18 years of age, to individuals who cannot form legally binding contracts under applicable law, or to temporarily or indefinitely suspended NCN Guests. If you do not qualify, you are not authorized to use or access Our Sites or the Services or purchase the Goods.

NCN reserves the right to change these terms and conditions and/or the Goods and Services from time to time at its sole discretion by posting such revised terms and conditions, Goods and Services on the Sites. Your use of the Sites following any such change constitutes Your agreement to follow and be bound by the modified terms and conditions of these Terms of Use, if any.

Any permission granted herein terminates automatically without further notice if You breach any of the terms of this Agreement. Upon such termination, You agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

- Restricted Rights

The materials on the Sites are provided with "Restricted Rights.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgement of NCN's proprietary rights in them. No other governments are authorized to use the materials appearing on the Sites without prior written permission from NCN.

- Product and Promotional Pricing and Availability and Employment Availability Information

NCN will not be responsible for typographical or other errors or omissions regarding prices or other information. All product sales and promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. In addition, employment opportunities on the Sites are subject to change without prior notice. Please consult with individual NCN locations for up-to-the-minute information.

- Your Conduct

You agree not to:

a. upload, transmit, post, email or otherwise make available to the Sites or the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Sites or via the Services or contained in a file that is uploaded to the Sites or the Services;

c. impersonate any person or entity, including, but not limited to, an NCN official or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the Sites or the Services, or another user's account on the Sites and/or the Services;

e. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Sites and/or the Services without Our prior express written permission. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without Our prior written permission is prohibited;

f. take any action that imposes an unreasonable or disproportionately large load on the Sites’ and/or Services’ infrastructure;

g. create liability for NCN or cause NCN to lose (in whole or in part) the services of its information technology partners or other suppliers; or

h. consummate any transaction that was initiated using the Services that, by paying to NCN a fee or other consideration, would cause NCN to violate any applicable law, statute, ordinance or regulation, or that violate these Terms of Use.
The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Sites or the Services is expressly prohibited.

- Proprietary Rights Restrictions

a. All material on the Sites, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by NCN or other parties that have licensed their material to NCN, and are protected by copyright, trademark, and other intellectual property laws. NCN disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Sites are the property of either NCN or other third parties; You agree not to display or use such property without NCN's prior written permission.

b. The Materials on the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-Mail or other electronic means, without the prior consent of NCN. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of NCN, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

c. If You have accessed the Sites, NCN grants to You a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services (the "Content") solely for Your own personal use. All rights not expressly granted herein by NCN to You are reserved by NCN and/or its licensors.

d. NCN alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, comments, posting, or other information provided by You relating to the Sites and/or the Services ("Submissions"), and You agree to assign such Submissions to NCN free of charge. NCN may use or not use such Submissions as it deems appropriate in its sole discretion.

- Links with Other Web Sites

The Sites contain links to third-party web sites as an accommodation to You. The Sites can also be accessed through links contained on third-party web sites. The third-party linked sites are not under the control of NCN. NCN does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at third-party sites that may link the user to the Sites. If You have accessed the Sites through a third-party link, you are still bound by the terms and conditions of these Terms of Use. In no event shall NCN be responsible for any content or other materials on or available on any third-party web sites.

- Disclaimer of Warranties

A. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. THE SITES, THE SERVICES AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NCN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCN OR THROUGH THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B. NCN MAKES NO WARRANTY THAT THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SITES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, OR THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN THE EVENT THAT WEB SITE CONTENT IS INACCURATE, INCOMPLETE, OR OUT OF DATE, NCN DOES NOT INTENTIONALLY MAKE MATERIAL MISREPRESENTATIONS NOR DOES NCN INTENTIONALLY PROVIDE INCORRECT INFORMATION.

C. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

D. NCN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITES, THROUGH THE SERVICES, OR ANY USE OF SAME BY YOU.

E. NCN AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITES, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

- Limitation of Liability

NCN AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITES, THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM, OR ANY INFORMATION OBTAINED AT THE SITES, THROUGH THE SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF NCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NCN'S TOTAL LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY NCN FROM YOU TO ACCESS THE SITES AND/OR USE THE SERVICES.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.

- Indemnification

You agree to indemnify, hold harmless and release NCN and its properties (and their respective employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use or misuse of the Sites, the Services and/or any content contained therein or provided .

- Local Laws and Export Controls

The Sites and the Services may provide services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Sites shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other country to which the United States and/or the European Union maintains an embargo (collectively, the "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, the "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Sites, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National.

These Sites may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

- Changes to the Sites

NCN reserves the right to modify, suspend or discontinue all or any portion of the Sites and/or the Services at any time, without notice. Unless stated otherwise, any new features to the current Sites or Services shall be subject to these Terms of Use. The Sites are currently accessible to users without charge; however, NCN reserves the right to charge users for access to or use of any portion of the Sites or Services in the future.

- Failure to Abide by These Terms

NCN may, in its sole discretion, remove Your information from the Sites, warn NCN’s community of Your actions, issue a warning, suspend or terminate Your account and any current activities at the Sites immediately, without notice to You, and refuse to provide our Services to You if You breach these Terms of Use, or if We are unable to verify or authenticate any information that You provide to Us, or if we believe Your actions may cause financial loss or legal liability for You, NCN’s other Guests or users, or Us. NCN reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Sites that require registration. You agree that NCN shall not be liable to You or any third party for any termination of Your access to any Material, Content, the Services, and/or the Sites.

- Dispute Resolution; Governing Law; Consent to Jurisdiction

Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Delaware. Client on the one hand and Consultant on the other hand shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If Client and Consultant are unable to agree on an arbitrator, Client and Consultant shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Delaware applicable to contracts made and to be performed entirely within such State without regard to Delaware’s conflicts of laws principals. Any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Delaware and by accessing the Sites, the parties consent to the jurisdiction of the State of Delaware.

- Miscellaneous

You and NCN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

BY ACCESSING THE SITES OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

Except as explicitly stated otherwise, any notices shall be given, if to NCN, by postal mail to NCN Group Limited. Attn: Internet Operations and Marketing, 21/F, Chinachem Century Tower, 178 Gloucester Road, Hong Kong or, if to You, using the email address You provide to NCN during the registration process or by postal mail. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to NCN during the registration process. In such case, notice shall be deemed given seven (7) days after the date of mailing.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.

Adopted: May 17, 2004