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Terms & Conditions
Please read these Terms and Conditions
carefully. These are the general Terms
and Conditions governing your access and
use of this website ("Site").
If you do not agree with them, you should
not proceed any further on the Site. By
entering, browsing, or continuing to use
the Site and/or reading, studying, soliciting
or engaging in an page in the site or
using any of the services shown on the
Site, you agree to be bound by these Terms
and Conditions.
1. Use of content
1.1 The services that we are providing
to you via the Site consist of the Content
and the Functionalities available on the
Site or otherwise provided to you as a
result of your use of the Site ("Services").
1.2 You acknowledge and agree
that you are only permitted to use the
Site and the Services as expressly set
out in these Terms and Conditions or on
the Site.
1.3 You agree that the Site and
the Services are for your own personal
use only on a single computer or device.
1.4 You may not:
copy, disclose, modify, reformat, display,
distribute, license, transmit, sell, perform,
publish, transfer or otherwise make available
any of the Services or any information
learned by you whilst using the Services
or accessing the Site;
remove, change or obscure in any way anything
on the Site and/or the Services or otherwise
use any material obtained whilst using
the Site and/or Services except as set
out in these Terms and Conditions;
reverse engineer or decompile (whether
in whole or in part) any software used
in the Site and/or the Services (except
to the extent expressly permitted by the
applicable law);
copy or use any material from the Site
and/or the Services for any commercial
purpose, or
remove, obscure or change any copyright,
trade mark or other intellectual property
right notices contained in the original
material or from any material copied or
printed from the Site or obtained a result
of the Services.
1.5 Any use of caching, http accelerators
such as Harvest, Squid, Netscape proxy
or Microsoft Catapult, or similar technology
is permitted, however, you have the responsibility
of ensuring you are viewing the most recent
version of the web-page on content.
1.6 You may establish a link or
"deep link" to the Site from
your site, provided that you have obtained
GameGlance's prior written consent and
that in GameGlance's sole discretion,
the context is relevant and the link or
its description is not detrimental to
GameGlance.
2. Your Obligations
2.1 You warrant that you will only
use the Site and the Services in accordance
with these Terms and Conditions and in
an appropriate and lawful manner and by
way of example and not as a limitation,
that you shall not (and shall not authorize
or permit any other party to):
2.1.1 receive, access or transmit
any Content which is obscene, pornographic,
threatening, racist, menacing, offensive,
defamatory, in breach of confidence, in
breach of any intellectual property right
(including copyright) or otherwise objectionable
or unlawful;
2.1.2 circumvent user authentication
or security of any host, network or account
(referred to as "cracking "
or "hacking") nor interfere
with service to any user, host or network
(referred to as "denial of service
attacks") nor copy any pages or register
identical keywords with search engines
to mislead other users into thinking that
they are reading GameGlance's legitimate
web pages (referred to as "page-jacking")
or use the Site or the Services for any
other unlawful or objectionable conduct.
Users who violate systems or network security
may incur criminal or civil liability
and GameGlance will at its absolute discretion
fully co-operate with investigations of
suspected criminal violations, violation
of systems or network security under the
leadership of law enforcement or relevant
authorities;
2.1.3 use the Site and/or the
Services to advertise or offer to sell
any goods or services for any commercial
purpose without GameGlance's written consent;
2.1.4 knowingly or recklessly
transmit any electronic Content (including
viruses) through the Site and/or the Services
which shall cause or is likely to cause
detriment or harm, in any degree, to computer
systems owned by GameGlance or other Internet
users;
2.1.5 hack into, make excessive
traffic demands, deliver or forward chain
letters, "junk mail" or "spam"
of any kind, surveys, contests, pyramid
schemes or otherwise engage in any other
behavior intended to inhibit other users
from using and enjoying the Site and/or
the Services or any other web site, or
which is otherwise likely to damage or
destroy GameGlance's reputation or the
reputation of any third party.
2.2 You acknowledge that chat, discussion
group or bulletin board services and similar
services that may be offered by GameGlance
("Public Communication Services")
are public communications and your communications
may be available to others and consequently
you should be cautious when disclosing
personal or sensitive information or any
information which may identify you. GameGlance
is not responsible for, and does not control
or endorse any Content of any Public Communication
Services.
3. Your Information
GameGlance's usage of your personal information
is governed by the GameGlance Privacy
Policy Statement (link to privacy policy
at the foot of this page), which forms
part of these Terms and Conditions.
4. Proprietory rights
4.1 All Trade Marks used on the
site and/or the Services are the trade
marks of GameGlance or one of the GameGlance
Group companies. You shall only make fair
use of the Trade Marks and will not use
the Trade Marks, whether design or word
marks: (1) as or as part of your
own trade marks; (2) in a manner
which is likely to cause confusion; (3)
to identify products to which they do
not relate; (4) to imply endorsement
or otherwise of products or services to
which they do not relate; or (5)
in any manner which does or may cause
damage to the reputation of GameGlance
or the Trade Marks.
4.2 You acknowledge and agree
that the Services and the Site or any
part thereof, whether presented to you
by GameGlance, advertisers or any third
party are protected by copyrights, trademarks,
service marks, patents, or other proprietary
rights and laws. All rights are expressly
reserved.
4.3 You are only allowed to use
the Site and the Services as set out in
these Terms and Conditions and nothing
on the Site and/or the Services shall
be construed as conferring any license
or other transfer or rights to you of
any intellectual property or other proprietary
rights of GameGlance, any member of the
GameGlance Group or any third party, whether
by estoppels, implication or otherwise.
4.4 You hereby grant to GameGlance
a perpetual, irrevocable, royalty-free,
world-wide license to reproduce, transfer,
modify, adapt and/or publish any Content
provided by you to us by email, post or
otherwise on the Site and/or the Services
as GameGlance sees fit and without notice
to you, unless you have indicated otherwise
in such communication.
5. Costs
5.1 General use of the Site is
currently free. However, GameGlance reserves
the right to charge for access to part
or all of the Site, subject to giving
you clear notice when entering any part
to which charges apply. Some services
may be chargeable as indicated on the
Site and in any accompanying terms and
conditions.
5.2 You will need to provide all
equipment necessary to access the Site
and the Services on the Internet and be
liable for the payment for the local telephone
call charges at the rates published by
the telephone operator with whom you make
your local calls or any other Internet
access charges to which you may be subject.
If your equipment does not support relevant
technology including but not limited to
encryption you may not be able to use
certain Services or access certain information
on the Site.
6. Liability for content
6.1 It is your sole responsibility
to satisfy yourself prior to using the
Site and the Services in any way that
they are suitable for your purposes and
up to date. The Services are periodically
updated and you should check the Site
and the Services regularly to ensure that
you have the latest information. You should
also refresh your browser [CTRL+refresh]
each time you visit the Site and the Services
to ensure that you download the most up
to date version of the Site and the Services.
6.2 The Site and the Services
are provided on an "as is" basis.
Although every effort has been made to
provide accurate information on these
pages, neither GameGlance, nor any of
its employees, nor any member of the GameGlance
Group, their suppliers, nor any of their
employees, make any warranty, expressed
or implied, or assume any legal liability
(to the extent permitted by law) or responsibility
for the suitability, reliability, timeliness,
accuracy or completeness of the Content
or any part thereof contained on the Site
or the Services.
6.3 You acknowledge that GameGlance
is unable to exercise control over the
security or subject matter of Content
passing over the Site or via the Services
and GameGlance hereby excludes all liability
of any kind for the transmission or reception
of infringing Content of whatever nature.
6.4 Any information contained
in this Site on the price at which ordinary
shares or American depository shares in
GameGlance Group have been bought or sold
in the past, or the yield on such shares,
should not be relied upon as a guide to
future performance.
7. Liability for third party content
7.1 The Site contains links to
the web sites, web pages, products and
services also operated by GameGlance or
the GameGlance Group and you agree that
your use of each web site, web page and
service is also subject to the terms and
conditions, if any, contained within each
website or web page or attached to any
products or services. These Terms and
Conditions shall be deemed to be incorporated
into each set of terms and conditions.
In the event that there is any conflict,
the terms and conditions contained with
the relevant website or webpage or attached
to the relevant products or services shall
prevail over these Terms and Conditions.
7.2 GameGlance assumes no responsibility
for and does not endorse unless expressly
stated, Content created or published by
third parties that is included in the
Site and the Services or which may be
linked to and from the Site.
7.3 The Site and/or the Services
may be used by you to link into other
websites, resources and/or networks worldwide.
GameGlance accepts no responsibility for
the Content, services or otherwise in
respect of these and you agree to conform
to the acceptable use policies of such
websites, resources and/or networks.
7.4 Subject to Clause 11 you agree
that GameGlance does not generally and
is not required to monitor or edit the
use to which you or others use the Site
and the Services or the nature of the
Content and GameGlance is excluded from
all liability of any kind (to the extent
permitted by law) arising from the use
of the Services, and in particular but
without limitation to the foregoing, the
nature of any Content. Notwithstanding
the foregoing, GameGlance reserves the
right to edit, bar or remove any Services
and/or Content, at any time as GameGlance
in its sole discretion believes to be
necessary in order to prevent any breach
of these Terms and Conditions or any breach
of applicable laws or regulations.
8. Exclusion of liability
8.1 Nothing in these Terms and
Conditions shall act to limit or exclude
GameGlance's liability for death or personal
injury resulting from GameGlance's negligence,
fraud or any other liability, which may
not by applicable law be limited or excluded.
8.2 GameGlance shall use its reasonable
endeavors to ensure the maintenance and
availability of the Site and the Services
but availability may be affected by your
equipment, communication networks, too
many people trying to use communication
networks or the Internet at the same time
or other causes of interference and may
fail or require maintenance without notice.
8.3 Neither GameGlance nor any
member of the GameGlance Group shall be
liable for any special, indirect or consequential
damages or any damages whatsoever, whether
in an action of contract, negligence or
other tortuous action, arising out of
or in connection with the performance
of or use of Services available on the
Site and in particular, but without limitation
to the foregoing, GameGlance specifically
excludes all liability whatsoever in respect
of any loss arising as a result of:
8.3.1 use which you make of the Site and
the Services or reliance on Content or
Services or any loss of any Services or
your Content resulting from delays, non-deliveries,
missed deliveries, or services interruptions;
and
8.3.2 defects that may exist or
for any costs, loss of profits, loss of
your Content or consequential losses arising
from your use of, or inability to use
or access or a failure, suspension or
withdrawal of all or part of the Site
and the Services at any time.
8.4 All conditions or warranties which
may be implied or incorporated into these
Terms and Conditions by law or otherwise
are hereby expressly excluded to the extent
permitted by law.
8.5 Your only remedy under these
Terms and Conditions is to discontinue
using the Site and the Services.
8.6 GameGlance makes every effort
to ensure the security of your communications.
You are however advised that for reasons
beyond our control, there is a risk that
your communications may be unlawfully
intercepted or accessed by those other
than the intended recipient. For example,
your communications may pass over third
party networks over which we have no control.
The Internet is not a secure environment.
Unwanted programs or material may be downloaded
without your knowledge.
9. Indemnity by you
9.1 You hereby agree to fully indemnify
and to hold GameGlance harmless from and
against any claim brought by a third party
resulting from the use of the Site and
the Services or the provision of Content
to GameGlance by you and in respect of
all losses, costs, actions, proceedings,
claims, damages, expenses (including reasonable
legal costs and expenses), or liabilities,
whatsoever suffered or incurred directly
of indirectly by GameGlance in consequence
of such use of the Site and the Services
or provision of Content or your breach
or non-observance of any of these Terms
and Conditions.
10. Variation
10.1 GameGlance reserves the right
to modify the Site and/or the Services
or suspend or terminate the Site and/or
the Services or access to part or all
of them at any time.
10.2 GameGlance reserves the right
to revise these Terms and Conditions at
any time. Such variations shall become
effective two weeks after being posted
on the Site. By continuing to use the
Site you will be deemed to have accepted
the varied Terms and Conditions.
11. Monitoring/recording of communications
Monitoring or recording of your calls,
emails, text messages or other communications
may take place in accordance with the
law, and in particular for GameGlance's
business purposes, such as for quality
control and training, to prevent unauthorized
use of GameGlance's telecommunication
systems and to ensure effective systems
operation and in order to prevent or detect
crime.
12. Termination
12.1 GameGlance may elect to suspend,
vary or terminate the Services and the
Site immediately and without prior notice
at any time for repair or maintenance
work or in order to upgrade or update
the Site and the Services or for any other
reason whatsoever.
12.2 GameGlance may elect to terminate
the Services or your access to the Site
forthwith on breach of any of these Terms
and Conditions by you, or if GameGlance
ceases to offer the Site and the Services
for any reason whatsoever.
13. General
13.1 Governing Law and Jurisdiction
- These Terms and Conditions are governed
by and construed in accordance with the
laws of Hong Kong, China, Korea, and Taiwan.
You hereby submit to the non-exclusive
jurisdiction of these Asia based courts.
Jurisdictional debates will be settled
and reviewed by an independent third-party
whose issued opinion is final and not
subject to appeal.
13.2 Severability - These Terms
and Conditions are severable in that if
any provision is determined to be illegal
or unenforceable by any court of competent
jurisdiction such provision shall be deemed
to have been deleted without affecting
the remaining provisions of these Terms
and Conditions.
13.3 Waiver - GameGlance's failure
to exercise any particular right or provision
of these Terms and Conditions shall not
constitute a waiver of such right or provision
unless acknowledged and agreed to by GameGlance
in writing.
13.4 Representations - You acknowledge
and agree that in entering into these
Terms and Conditions you do not rely on,
and shall have no remedy in respect of,
any statement, representation, warranty
or understanding (whether negligently
or innocently made) of any person (whether
party to these Terms and Conditions or
not) other than as expressly set out in
these Terms and Conditions as a warranty.
Nothing in this Clause shall, however,
operate to limit or exclude any liability
for fraud.
13.5 Assignment - You in entering
into these Terms and Conditions undertake
that you will not assign, re-sell, sub-lease
or in any other way transfer your rights
or obligations under these Terms and Conditions
or part thereof. Contravention of this
restriction in any way, whether successful
or not, will result in the Services being
terminated by GameGlance forthwith. GameGlance
may assign these Terms and Conditions
in whole or in part to any third party
at its discretion.
13.6 Rights of Third Parties -
A person who is not a party to this Agreement
has no rights under the Contracts (Rights
of Third Parties) Act 1999 or otherwise
to enforce any Clause of this Agreement.
13.7 Force Majeure - GameGlance
shall not be liable in respect of any
breach of these Terms and Conditions due
to any cause beyond its reasonable control
including but not limited to, Act of God,
inclement weather, act or omission of
Government or public telephone operators
or other competent authority or other
party for whom GameGlance is not responsible.
14.
Neither an audit nor a review provides
assurance on the maintenance and integrity
of the website, including controls used
to achieve this, and in particular whether
any changes may have occurred to the financial
information since first published. These
matters are the responsibility of the
directors but no control procedures can
provide absolute assurance in this area.
Legislation in the United Kingdom and
the United States of America governing
the preparation and dissemination of financial
information differs from legislation in
other jurisdictions.
15. Definitions
"Content"
means all data, information, material
and content, including but not limited
to text, pictures, photographs, software,
video, music, sound and graphics;
"Services"
has the meaning given to it in Clause
1.1;
"Functionalities"
means the services offered on or via the
Site;
"Terms and Conditions"
means the contract between GameGlance
and you incorporating these terms and
conditions;
"Trade Marks"
means the word or mark "GameGlance",
however represented, including stylized
representations all associated logos and
symbols and combinations of the foregoing
with another word or mark;
"GameGlance Co., Ltd."
means GameGlance Co., Ltd. and any company
or other entity in which GameGlance Group
owns (directly or indirectly) more than
15% of the issued share capital;
"you"
means the visitor to the Site that enters
into these Terms and Conditions (and "your"
shall be construed accordingly).
Privacy Policy
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