I. Acceptance of Terms
You may be subject to additional terms or conditions that are incorporated in these Terms by reference while you use particular features of the Site or download materials from the Site, which requires you to abide by these additional terms or conditions. If you do not accept these additional terms or conditions, you shall not use these particular features of the Site.
II. Modification of Terms
We reserve the right to update, amend, replenish, expurgate, suspend or terminate the Terms and your access to the Site or any part thereof (“updates”), at any time, without notice, and you should check these updates on a regular basis. These updates will take effect upon posting, and your continued use of the Site after the posting of such updates constitutes your legally binding acceptance of the new version of the Terms.
All information available on the Site, including but not limited to computer codes, graphs, texts, user interfaces, visual interfaces, images, sound files, videos, music files, artworks, marks, logos (the “Content”) shall belong to Infinix or its licensors, including the appearance, feeling, design, display, construction, selection, layout and arrangement of the Content. Infinix or its licensors shall own all legal rights, title and interest of the Content, which are under protection of applicable copyright, patent and trademark laws and regulations, and other intellectual property and unfair competition laws and regulations.
IV. Limitation on Use of the Site
Infinix grants you a personal, non-exclusive, nontransferable, revocable, and limited license to access and use the Site and Content only for your private and non-commercial purposes, provided that you abide by these Terms. You shall not photocopy, reproduce, redistribute, republish, sell, broadcast, upload, post, publicly display, encode, translate, transmit, or frame any information included on the Site with super-links without the advanced written permission of Infinix or its licensors. You agree not to impose an unreasonably large load on the infrastructure of the Site, or any systems connected to the Site and not to disseminate any part available on the Site to news groups, mail lists, or bulletin boards. You agree that you have no right to modify, edit, change or add any part of the Content in any manner.
In addition, you agree to use the Site only to post, send and receive messages and materials that are appropriate and related to the purpose of the Site. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other materials which are technically harmful. You agree not to attempt to gain unauthorized access to any part of the Site, or breach the authentication measures of any servers, computers, or any data bases connected with the Site by hacking or any other illegitimate means.
You agree not to use any portion of the Site for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity. This limited license will be ceased automatically if you breach any of these Terms, without notice. Upon termination of the license, you agree to immediately destroy any printed or downloaded materials. Besides, Infinix will report any such breach to the relevant law enforcement authorities and Infinix will cooperate with those authorities by disclosing your name and any other relevant information provided by you.
V. Accuracy of Information
Even though the Site aims to provide latest, complete, and accurate Infinix services and products, certain inaccurate or obsolete information, typographical errors and omissions may occasionally be included in the Content, which have a negative influence upon the quality of Content. You agree not to depend on any information presented on this Site since it is provided for your convenience only, and agree that Infinix is not responsible for any errors in the Content, whether provided by Infinix or any third-party. Infinix does not guarantee the accuracy or completeness of any information in the Content. However, Infinix is able to change the Content or products available on the Site at any time without notice.
VI. Third-party Links
Links to third party websites or resources (“Linked Sites”) may be incorporated in the Site; however, Infinix does not take control of these Linked Sites and does not assume liability for any information, advertisements, products or other materials on or available from such Linked Sites. In addition, Linked Sites are provided merely as a convenience to our customers, which does not imply that Infinix endorses the Linked Sites or the materials referenced therein or becomes an association with their operators. In the course of accessing a Linked Site or using materials offered on or through the Linked Site, you are supposed to make your own independent judgment with respect to your interaction with such Linked Sites. You agree that any claims you might have regarding third party materials or Linked Sites shall be against the relevant third parties, rather than against Infinix.
VII. Account, Password and Safety
For the purpose of accessing or using certain aspects on or through the Site, you may be required to register an account with a user name and password. It is your responsibility to provide Infinix with current, complete and truthful information and maintain the confidentiality of the information referenced in your account. You are supposed to take full responsibility for any and all activities which take place under your account due to your failure to keep your information confidential, including any fees that may be caused under your account, whether or not you are the individual who undertakes such activities. Additionally, you agree to notify Infinix immediately if your account or password is lost, stolen, disclosed to an unauthorized third party, or in case of any other threaten of account security. You are not allowed to use anyone else’s account at any time unless you are given the explicit permission of the holder of that account. Otherwise, unauthorized users may be subject to prosecution for legal liabilities.
VIII. User Submission
The Site is intended for adults, as well as minors who warrant that they have got the permission of their guardians to make the submission by providing Infinix any information about themselves, including their names, addresses, telephone numbers, or email addresses (directly, or on site bulletin boards, blogs, etc.). For the purpose of these Terms, at the time of such information submission, adult and minor herein shall have the meanings as defined by the laws in force in the country where its habitual residence locates.
In respect of all information submitted by users (User Submission), Infinix is not responsible for the accuracy or truthfulness of such information. Nonetheless, your User Submission may not infringe any copyright, trademark, patent, trade secret or other intellectual property rights of any party, and may not violate any law, including but not limited to, those regarding consumer protection, data protection or unfair competition. Besides, you agree that your User Submission is not defamatory, hateful, racial, religious, biased or offensive to any individual or corporation. You also acknowledge that your User Submission would not include any viruses, worms, spyware, adware, or other detrimental programs, including imposing an unreasonably large load or adverse influence upon the Site. You agree that your User Submission does not contain any unauthorized advertisements, junk mail, spam, or any other form of solicitation.
IX. Intellectual Property
This site contains interactive areas which include, without limitation, any bulletin boards, discussion boards, comments sections, and question and answer features (the "Interactive Areas"). You grant to Infinix an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, "Postings") to this Site. Said license is without restrictions of any kind and without any payment due from Infinix to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
X. Disclaimer and Warranty
The Site, Content and its services are provided on an “as-is” and “as-available” basis. Infinix expressly disclaim, to the fullest extent permitted by law, all warranties of any kind, express, implied or statutory, including without limitation, the warranties of merchantability, fitness for a particular purpose, title, or non-infringement of Intellectual Property Rights. Infinix makes no warranty that the Site will be uninterrupted, timely, secure, or error-free, or any defects in the Site will be corrected. Infinix makes no warranty that any information contained in the Site or Content is accurate or reliable. Infinix makes no warranty that any information you download from the Site will be virus-free or without any technically harmful feature. Infinix makes no warranty for the acts, omissions and conduct of any third parties with respect to your use of the Site, content and services. You are supposed to take full responsibility for your use of the Site and Content. Your sole remedy against Infinix for dissatisfaction with the Site or any content is to terminate using the Site or any such content. This limitation of relief is a part of the bargain between the parties. If the Content or services is verified to be defective, you, and not Infinix, bear the whole cost of all necessary servicing and repair.
XI. Limitation of Liability
To the maximum extent permitted by law, Infinix will not be liable to you or third-party claiming through you for any indirect, extraordinary, exemplary, incidental, punitive or consequential damages arising out of or in connection with your displaying, copying or downloading information or materials contained on the Site, regardless of losing profits or other economic advantage, even though Infinix has been previously advised of the possibility of such damages.
Notwithstanding the Terms, if Infinix is held to be liable to you for any and all damages, injuries or losses occurring during your use of the Site or any content, the maximum liability of Infinix shall not be in excess of the total amount of fees paid by you relating to any service on the Site prior to the date of the initial claim made against Infinix.
You agree to defend, indemnify and hold harmless Infinix, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, partners, suppliers and licensors from any and all demands, actions, losses, liabilities, claims, expenses or costs, including reasonable attorneys’ fees, which are incurred as a consequence of your violation of the Terms, any applicable laws and the rights of Infinix and third party, or as a consequence of your misuse of the Site or the Content, User Submission, or services and activities occurring while using your account.
XIV. Applicable Law and Dispute Resolution
Any dispute, claim, difference or other controversy arising out of or relating to your access to or use of the Site and the Terms shall be governed by, construed and interpreted in accordance with the laws of Hong Kong, without giving effect to principles of conflicts of law therewith. Any dispute or difference regarding the Terms or the Site which cannot be settled amicably shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration language will be English. The award of arbitration shall be final and binding the disputing parties.
XV. Violation of Terms
If you violate the Terms, Infinix shall have the right to terminate, suspend, or modify service to you, or your access to or use of all or portion of the Site, or close or deregister your account registered with Infinix, without further explanation, at any time. Besides, Infinix may disclose any relevant information we hold about you if it is necessary or convenient to collaborate with law enforcement authorities during the course of bringing legal proceedings against violators. You acknowledge that you would cooperate with Infinix in investigating suspected violations and that Infinix will be entitled to recover from you, including attorneys’ fees and costs of such action, if we bring a legal action against you due to your violation of the Terms, in addition to any other relief granted to Infinix. You also agree that any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Infinix, for which monetary damages would be inadequate, and you are willing to give Infinix any injunctive or equitable relief that is necessary or appropriate in such circumstances.
XVI. Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. Infinix reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the location that Infinix operates and administers, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You acknowledge that your any feedback about improving the Site, any Infinix products and/or services will not be taken as confidential information. Therefore, we are allowed to employ such information without limitation.
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