Terms of Service – Halligood

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Halligood.com Terms and Conditions of Use

LAST UPDATED – 04/01/2024

We are pleased that you have chosen to visit this website operated by Halligood (the “Website” or “Site”).

Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully and ensure you understand them. These Terms and Conditions, including all documents referenced herein, represent the entire understanding and agreement between Halligood and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to all or any of these Terms and Conditions.

Use of this Website

Access to, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms and Conditions and the Website’s Privacy Policy. If you do not agree to abide by these Terms and Conditions and the Privacy Policy, please do not use this Website.

This website is controlled and operated by Halligood from its offices in Hong Kong and is intended for use in Hong Kong and its territories and possessions. Halligood makes no representation that the website or the materials contained therein are appropriate for users in other countries. Users who choose to access this website from other countries do so on their own initiative and are responsible for compliance with all laws of that country, if applicable.

By accepting these Terms and Conditions, and/or entering and participating in the activities offered on this Site, you affirm, represent and warrant that:

you are 18 years of age or lder;
all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information);
you will abide by these Terms and Conditions; and
your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Halligood may terminate your right to access and/or use this Website at any time and for any reason whatsoever.

Changes to the Terms and Conditions

From time to time, these Terms and Conditions may change. Halligood reserves the right to modify these Terms and Conditions without prior individual notice. We will post changes to the Terms and Conditions on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms and Conditions. Please review these Terms and Conditions often so that you will remain abreast of our current policies.

You can tell when the Terms and Conditions were last modified by checking the “last updated” date that appears at the top

Use of Materials

Materials displayed on and/or accessed through this Website, including but not limited to informational materials, audio files, images, logos, and trademarks (collectively referred to as the “Materials”), are protected under various intellectual property laws and owned or controlled by Halligood, or used with permission of the owner(s) of such Materials. The display of Materials on this Website does not imply that a license of any kind has been granted to you.

Halligood hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that:

your use of the Website as permitted is solely for your personal, non-commercial use unless otherwise agreed to by Halligood;
you will not copy or distribute any part of the Website in any medium and you will not “frame” the Website or any Materials in any site you create or operate without Halligood’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
you will otherwise comply with these Terms and Conditions and all applicable laws.

In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete personal information and you may not use a false identity or any other individual’s identity.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of Halligood, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Privacy

Please see Halligood’s Privacy Policy at https:/halligood.com/privacy-policy, incorporated into these Terms and Conditions, for information concerning the collection and use of Personal Information from this Website.

Promotions, Sweepstakes and Contests

On occasion, Halligood, or certain advertisers or suppliers to this Site, may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them.

Links

From time to time, the Halligood Website may contain links to other websites that are not controlled and/or maintained by Halligood. Access to and use of such other websites is at your own risk and subject to the terms of use and privacy policies which govern such websites, which may differ from those of the Halligood Website and/or may provide their users with less security than the Halligood Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

By providing links to other websites that are not controlled and/or maintained by Halligood, Halligood shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Halligood is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations.

Password Responsibility

When you create an account (for example, in connection with purchasing a product through the Website), you will be asked to choose a password which you shall use to access the secure portion of the Website, and which may be required when you are seeking to participate in certain offerings of the Site. You are responsible for maintaining the confidentiality of your password. You agree not to

use the account, username or password of any other user of the Website at any time,
share your account, or
disclose your password to any third party. You agree to notify Halligood immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.

Non-Commercial Use

You may not use the Website or any Materials provided herein in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Halligood’s management.

User Content License

After posting your User Content on or through the Website, you will continue to retain all ownership rights in such User Content except as specifically set forth herein. However, by posting any User Content on or through the Website, you hereby agree to abide by the Terms and Conditions and grant to Halligood absolutely and without any restriction or limitation whatsoever, a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, adapt, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, distort, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part and in any media now known or hereafter developed, in connection with the Website and the promotion and marketing of the Website and of Halligood and its related entities and each of their respective products and services (collectively, the “Services”), and irrevocably waive any and all “moral rights” (howsoever known) you may have in such User Content and/or consent to Halligood(or any of its nominees, licensees or successors) engaging in conduct which may otherwise infringe any “moral rights” in your User Content. Further, you understand and agree that Halligood may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed. You understand that Halligood performs technical functions necessary to offer the Website and its Services, including but not limited to transcoding and/or reformatting content to allow its use through the Website and various end user devices. You agree that you will make no commercial use of any User Content obtained through this Site, without the express written agreement of Halligood.

You represent and warrant that:

You own the content or material that you post on or through the Website.
As at the date that such content or material is submitted:
1. It is accurate and truthful;
2. Use of the content and material does not breach these Terms and Conditions or any other applicable policies or guidelines communicated to you by or on behalf of Halligood;
3. Use of the content or material you supply will not cause injury to any person or entity (including that the content or material is not defamatory).

Copyright Infringement – Notice and Take-Down Policy

Halligood values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that the materials contained on this website infringe your copyrighted materials, you may notify Halligood’s designated agent in writing as follows:

Address:

HONG KONG SUN YIELD LIMITED

FLAT 1512,
15/F LUCKY CENTRE NO.165 -171 WAN CHI ROAD,WAN CHAI
HONGKONG

Electronic Mail Address: [email protected]

In your notice, you must include the following:

a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
identification of the copyrighted work(s) that is (are) allegedly being infringed;
identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Halligood to locate such materials;
contact information (i.e., name, address, email address) sufficient to enable Halligood to contact you;
a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of, the owner of the exclusive right that is allegedly being infringed.

Additional/Different Terms

Certain pages or sections of this Website may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. In the event that there is a conflict between such additional or different terms and conditions of use and these Terms and Conditions, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.

Limitation of Liability and Use Disclaimer

Halligood endeavors to make sure that all information and data it originates on the Website is accurate. However, Halligood is not responsible for any damages or loss related to the use of this Website or any Materials obtained from it.

This website, all materials contained on this website, and all links or other items related thereto are transmitted and distributed “as is”, “as available” and “with all faults” and, to the fullest extent permitted by law, without guarantees, representations, warranties and/or conditions of any kind, either express or implied (by statute or otherwise), including, without limitation, that the website and/or its features and functions will be available for use or work as described. There are no guarantees, representations, warranties and/or conditions regarding title, security, accuracy, acceptable quality, merchantability or fitness for a particular purpose or use with respect to the website or the materials contained hereon.Any information contained within or on this website is subject to amendment, revision or updating. Halligood reserves the right to suspend or withdraw access to the pages of this website without notice at any time and, to the fullest extent permitted at law, accepts no responsibility for these pages not being available at all times.

Subject to the savings clause, neither halligood (including its officers, directors, agents and employees) nor any party involved in creating, producing or delivering the website, shall be liable for any alleged damage or injury whatsoever, including but not limited to any compensatory, punitive, exemplary, incidental, consequential, direct, indirect, special and/or any other damages that result from your use or inability to use or access this website or from any materials contained hereon or from any computer virus, malfunction or other failure. Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you. Halligood makes no guarantees, warranties, representations or conditions about the accuracy or suitability for any purpose of the website’s content or the content of any sites linked to this website and to the fullest extent permitted by law assumes no liability or responsibility for (i) mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever from access to, reproduction, distribution and/or use of this website; (iii) any unauthorized access to, reproduction, distribution or use of halligood’s secure server and/or any personal information and/or financial information stored thereon; (iv) any interruption of or cessation of the website; (v) any bugs, viruses, trojan horses or the like which may be transmitted via the website and/or by any third party, and/or (vi) any errors or omissions in any content or any loss of transmitted information or data, or damage that is the result of the use of any content posted, emailed, transmitted or otherwise made available by or through the website.

Halligood is not responsible for any damages or loss related to your reliance on any outdated version of these Terms and Conditions, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Halligood’s liability is limited to the greatest extent allowable under applicable law.

Disputes and Governing Law

The use of this website and these Terms and Conditions shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. If any part of these Terms and Conditions is held by a court of competent jurisdiction in any jurisdiction to be unenforceable, illegal or invalid for any reason, then, unless narrowed by interpretation, that part of these Terms and Conditions shall have jurisdiction only for the following purposes, that the invalid, prohibited or unenforceable part shall be interpreted as if it had been more narrowly construed so that it would not be invalid, prohibited or unenforceable (or, if such provision cannot be construed narrowly enough, the arbitral tribunal making such a determination shall have the power to modify that part of these Terms and Conditions to the extent necessary to make that part of these Terms and Conditions enforceable in that jurisdiction, and such part shall then be rendered in its modified form). Notwithstanding the foregoing, if any part of these Terms and Conditions is held invalid, prohibited or unenforceable in any jurisdiction for any reason, such part shall remain ineffective only to the extent that it is invalid in such jurisdiction. Such invalidity, prohibition or unenforceability shall not invalidate the remaining provisions of these Terms and Conditions. The narrow interpretation, modification or invalidity of any part of these Terms and Conditions shall not affect the interpretation, validity or enforceability of such part in any other jurisdiction.