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TERMS AND CONDITIONS OF SCMP.COM AGREEMENT

SCMP.com is an internet-based online information and communication service.  Please read the terms and conditions of this SCMP.com Agreement (as defined in Clause 1 of this SCMP.com Agreement) carefully before accessing to and/or using the SCMP.com Service (as defined in Clause 1 of this SCMP.com Agreement).  These terms and conditions are only available in the English language.  By accessing to, continuing to access to, using and/or continuing to use the SCMP.com Service, you agree to abide by the terms and conditions of this SCMP.com Agreement.  If you do not agree with the terms and conditions of this SCMP.com Agreement, you should not access to or use any of the SCMP.com Service.

1.         DEFINITIONS
The following definitions should apply in this SCMP.com Agreement unless otherwise stated.

“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device now known or later developed used to access to and/or use the SCMP.com Service.

“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, messages, blogs, ideas, comments, suggestions and/or other content.

“Discussion Forum” means the online discussion forum(s) and blog(s) on the SCMP.com Website.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

“SCMP” means individually and collectively South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).

“SCMP Content” means all Content of SCMP that it has made available or presented on the SCMP.com Service.

“SCMP.com Agreement” means this SCMP.com online service agreement setting out the terms and conditions of a legally binding agreement between you and SCMP and governing your access to, continuance of access to, use of and/or continuance of use of the SCMP.com Service.

“SCMP.com Service” means online information and communication services which are available free of charge for viewing the Content on the SCMP.com Website and for access to and use of the Discussion Forum subject to the terms and conditions of this SCMP.com Agreement.

“SCMP.com Website” means the South China Morning Post website at www.scmp.com.

“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on the SCMP.com Service.

“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the SCMP.com Service.

“Your Content” means all the Content that you have made available or presented on the SCMP.com Service.

2.         GENERAL RULES
2.1 Anyone is entitled to use for free the SCMP.com Service subject to the terms and conditions of this SCMP.com Agreement.  

2.2 By accessing to, continuing to access to, using and/or continuing to use the SCMP.com Service, you agree to be bound by all the terms and conditions of this SCMP.com Agreement throughout the access to and/or use of the same.

2.3 SCMP reserves the right to modify any terms and conditions of this SCMP.com Agreement and/or any features of the SCMP.com Service from time to time.  Such modification shall be effective and replace any previous terms and conditions of this SCMP.com Agreement and/or any previous features of the SCMP.com Service immediately upon posting of the modified SCMP.com Agreement and/or features of the SCMP.com Service without notifying you.

2.4 SCMP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the SCMP.com Service and/or the SCMP.com Website from time to time.  SCMP further reserves the right to discontinue all or part of the SCMP.com Service from time to time without notifying you.

2.5 You agree to review this SCMP.com Agreement periodically to ensure that you are aware of any modifications.  Your continued access to and/or use of the SCMP.com Service shall be deemed your conclusive acceptance of the modified SCMP.com Agreement.

2.6 SCMP may also impose limits on certain features and services in respect of the SCMP.com Service.

2.7 You represent that you have read and agree to be bound by SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

3.         CONTENT AND INTELLECTUAL PROPERTY RIGHTS
3.1       Your Content3.1.1 You retain the intellectual property rights that you may or should have in Your Content.

3.1.2 By posting Your Content on the SCMP.com Service, you automatically grant SCMP a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and licence to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed.

3.1.3 In respect of the right and licence as referred to in Clause 3.1.2 of this SCMP.com Agreement, you represent and warrant that:(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and licence; and(b) all of Your Content are your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties or contravene or violate any applicable laws or regulations.

3.2 SCMP Content

3.2.1 All intellectual property rights in the SCMP Content, including but not limited to the copyright in the compilation of all Content on the SCMP.com Service, shall remain with SCMP.

3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the SCMP Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any SCMP Content available on the SCMP.com Service unless otherwise permitted in advance by SCMP in writing.

3.2.3 You shall not assist or facilitate any third party to make use of any SCMP Content in any manner that constitutes any infringement of SCMP’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).

3.2.4 The domain name(s) on which the SCMP.com Service is/are hosted is/are the sole property of SCMP.  You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.

3.2.5 The trademarks, logos, service marks and other marks of SCMP (“SCMP Marks”) displayed on the SCMP.com Service are the sole property of SCMP.  You are not permitted to use any SCMP Marks without the prior written approval of SCMP.  

3.3 Third Party Content

3.3.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).

3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).

3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the SCMP.com Service unless otherwise permitted in advance by such relevant third party(ies) in writing.

4.         ONLINE DISCUSSION FORUM
4.1       Registration

4.1.1    Requirement for Registration(a)       You have to be at least 18 years old to participate in the Discussion Forum.(b)       You must register as a member before you can use the Discussion Forum.

4.1.2    Registration Information and Password        As part of the registration process, you will select a password and a username. You also have to give SCMP certain registration information, all of which must be true, accurate and updated.You must not (i) select or use a username of another person with the intent to impersonate that person; (ii) allow any third party to use your username and/or password or otherwise use your Discussion Forum account (“Discussion Forum Account”); or (iii) use a username that SCMP, at its sole discretion, deems offensive.Failure to comply with the foregoing shall constitute a breach of this SCMP.com Agreement, which may result in immediate termination of your Discussion Forum Account.You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of SCMP. You shall immediately notify SCMP of any changes of address or any other particulars provided to SCMP which may affect the use of the Discussion Forum Account or any part thereof.  On SCMP’s request, you shall provide SCMP with information relating to you and your use of the Discussion Forum Account reasonably required by SCMP: (a) to assist SCMP in complying with SCMP’s obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this SCMP.com Agreement.You represent and warrant that your personal data and other information provided to SCMP for registration of and use of the Discussion Forum Account purpose are true, accurate and updated.By registering for accessing to, continuing to access to, using and/or continuing to use the Discussion Forum Account, you agree to be bound by all the terms and conditions of this SCMP.com Agreement throughout the registration process of, access to and use of the same.Acceptance of your registration of the Discussion Forum Account is at the sole discretion of and subject to confirmation by SCMP.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.1.3    Reasons for Registration Requirement      Your registration is a pre-requisite for using the Discussion Forum.  This is to ensure that you are a “real” person and that you agree to all the terms and conditions of this SCMP.com Agreement.  Such registration requirement is also intended to ensure that you take responsibility for your comments and suggestions and to facilitate the development of SCMP’s online community.

4.1.4    Suspension or Termination of the Discussion Forum Account       SCMP reserves the right to either suspend or terminate your Discussion Forum Account in the event that you breach any of the terms and conditions of this SCMP.com Agreement or contravene or violate any applicable laws or regulations in respect of your use of the Discussion Forum Account.

4.2       Comments/Suggestions and Language
4.2.1    Types of Comments/Suggestions Not Allowed        You hereby agree and undertake not to make the following comments/suggestions on the Discussion Forum including but not limited to:(a)       Defamatory, insulting, obscene, racist, sexist and homophobic comments/suggestions.(b)       Speech, attacks and remarks which appear to be threatening, abusive, offensive or arousing hatred or discrimination.(c)       Impersonations, illegal comments/suggestions or comments/suggestions which violate or encourage the violation of any laws or the propriety(ies) or other right(s) of any third party(ies).In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.2.2    Types of Language Not Allowed         You also agree and undertake not to make any comments/suggestions on the Discussion Forum which consist of vulgar, profane, crude, violent or hostile language or swearing.  In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.2.3    Comments/Suggestions on the South China Morning Post         You are welcome to make constructive comments/suggestions on the South China Morning Post and/or any other publications of SCMP on the Discussion Forum which are intended to help SCMP improve its goods and/or services.  Such constructive comments/suggestions should not be any attacks on the reputation of the South China Morning Post, of any other publications of SCMP and/or of SCMP and shall be subject to the terms and conditions of this SCMP.com Agreement.

4.3       Proper Use
4.3.1    No Commercial Use or Investigation         You must not use the Discussion Forum for:(a)       the promotion of any products or services or for any other commercial purposes;(b)       any sponsorship, petition, campaign or chain message;(c)       an investigation, e.g. tracing the whereabouts of a person.In this regard, SCMP has the sole and full discretion and its determination shall be final.  

4.4       Moderation
4.4.1    Right to Moderate          SCMP reserves the right to moderate any comments, suggestions and other information which have been posted or made available on the Discussion Forum.  In this regard, SCMP has the sole and full discretion and its determination shall be final.  

4.4.2    Reasons for Moderation         The Discussion Forum is intended to be an engaging and informative platform for SCMP’s readers to discuss and debate a wide variety of topics.  By moderating the submissions made to the Discussion Forum, SCMP creates a space where different perspectives and well-informed opinions can be exchanged in a respectful and civilised manner.

4.4.3    Editing and Removal of Content           SCMP reserves the right to edit or remove part or all of the Content and/or any other information on the Discussion Forum which violate(s) the terms and conditions of this SCMP.com Agreement or which, in the sole opinion of SCMP, appear(s) to be inappropriate for display on the Discussion Forum.   In this regard, SCMP has the sole and full discretion and its determination shall be final.

4.4.4    Moderation Request from Readers           You can flag a comment/suggestion on the Discussion Forum for SCMP’s review or moderation, state the reasons you believe it should be removed and submit a report to SCMP if you find the comment/suggestion:(a)       to be in breach of any of the terms and conditions of this SCMP.com Agreement;(b)       to be inappropriate for posting on or abusing the space available in the Discussion Forum.In this regard, SCMP has the sole and full discretion and its determination shall be final.

5.         PRIVACY OF PERSONAL DATA
You should not place or submit any personal information or data to SCMP and/or for publication on the SCMP.com Service without first reading SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy which sets out SCMP’s personal data use and privacy practices.  SCMP is committed to comply with the Personal Data (Privacy) Ordinance and any other applicable laws and regulations relating to personal data privacy.

6.         LIABILITY
6.1       Your Content        You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) SCMP shall not be liable in any manner.

6.2       Third Party Content         SCMP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.

6.3       Force Majeure          SCMP shall not be liable for any failure or delay in performance of its obligations under this SCMP.com Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.

7.         INDEMNITY
You agree to indemnify SCMP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against SCMP and its employees, officers, agents, contractors, readers and users arising from or in connection with:(a)       your connection to the SCMP.com Website;(b)       your access to and/or use of the SCMP.com Service and/or your posting of any Content on the SCMP.com Service;(c)       your breach of any of the terms and conditions of this SCMP.com Agreement;(d)       your contravention of any applicable laws or regulations; and/or(e)       your violation of the rights of any person(s) and/or entity(ies).

8.         DISCLAIMER OF WARRANTIES
8.1       SCMP.com Service and ComputerSCMP makes no representation or warranty that:            (a)       the access to, use of and functioning of the SCMP.com Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components; and            (b)       the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.

8.2       Content            SCMP makes no representation or warranty regarding the view of or the results of the view of any Content on the SCMP.com Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.  

8.3       Third Party Content          SCMP makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on the SCMP.com Service, the SCMP.com Website or websites linked from the SCMP.com Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.  

8.4       SCMP Content           SCMP makes every effort to ensure that all SCMP Content on the SCMP.com Service is accurate and complete to the best of SCMP’s knowledge.  However, SCMP provides the SCMP Content for informative purposes and on an ‘as is” basis only.  SCMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.

8.5       Professional or Expert Advice           The data, information and/or any Content made available on the SCMP.com Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice.  You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the SCMP.com Service as necessary.

8.6       Third Party Products           You acknowledge and agree that SCMP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the SCMP.com Service, the SCMP.com Website or websites linked from the SCMP.com Website.

8.7       View of Information on the SCMP.com Website           You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from SCMP, other readers, other users, third parties and advertisers on the SCMP.com Service and the SCMP.com Website should be viewed and relied upon only with care and discretion and at your own risk.  SCMP shall not be responsible for any loss or liability incurred by you arising from such view or reliance.

9.         LIMITATIONS OF LIABILITY
9.1       In no event shall SCMP be liable to you or you shall hold SCMP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the SCMP.com Service, and/or caused by the view of, or inability to view of, the Content, Your Content, SCMP Content, Third Party Content and/or the SCMP.com Website.

9.2       Under no circumstance shall SCMP be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the SCMP.com Service, or the view of, or inability to view of, Content, Your Content, SCMP Content, Third Party Content and/or the SCMP.com Website.

10.       ACCESS TO AND AVAILABILITY OF SCMP.COM SERVICE AND LINKS
The SCMP.com Service contains links to other related World Wide Web Internet sites, resources, and sponsors of SCMP.  Since SCMP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.

11.       HACKING, DISRUPTION AND IMPAIRMENT
You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the SCMP.com Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.

12.       SECURITY

12.1     You shall notify SCMP’s Customer Service at digitalsupport@scmp.com of any known or suspected unauthorised access(es) to and/or use(s) of your Discussion Forum Account and/or the SCMP.com Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your Discussion Forum Account password, and/or unauthorised access(es) to and/or use(s) of your Discussion Forum Account.

12.2     You are responsible for all accesses to, usages of or activities on your use of the SCMP.com Service.  Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the SCMP.com Service, at SCMP’s sole discretion, and SCMP may refer you to appropriate law enforcement agencies.

13.       COMMUNICATIONS BETWEEN SCMP AND READERS
13.1     You agree that SCMP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the SCMP.com Service.

13.2     SCMP reserves the right to gather and use information about your access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy, and the Personal Data (Privacy) Ordinance.  For more information please read the SCMP’s Personal Information Collection Statement at www.scmp.com/privacy-policy.

14.       SOFTWARE LICENCES
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the SCMP.com Service (“Access Software”).  You may not sub-license, assign or transfer any licenses granted by SCMP, and any attempt at such sub-license, assignment or transfer shall be null and void.  You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.

15.       TERMINATION OF SCMP.COM SERVICE
15.1     SCMP may (i) deactivate or suspend the SCMP.com Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the SCMP.com Service with or without notice to you if SCMP is of the sole opinion that such action is appropriate as a result of your access to and/or use of the SCMP.com Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason SCMP deems relevant to the management or the operation of any of the SCMP.com Service and SCMP’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the SCMP.com Service or any part thereof.

15.2     SCMP may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the SCMP.com Service by you, suspend your access to and/or use of any or all of the SCMP.com Service temporarily or permanently.

15.3    This SCMP.com Agreement may be terminated by SCMP for any reason at any time.  

15.4     Termination under the provisions of this SCMP.com Agreement shall not affect SCMP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this SCMP.com Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.  All remaining benefits (whether monetary or non-monetary) that you may enjoy under this SCMP.com Agreement as at the date of termination shall be forfeited absolutely.

16.       LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS

You acknowledge that SCMP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this SCMP.com Agreement.  In this connection, you agree not to hold SCMP liable or responsible.

17.       WRITTEN EVIDENCE
17.1     You hereby agree that all records of SCMP relating to the SCMP.com Service, to your access to and/or use of the SCMP.com Service, your Discussion Forum Account and/or your particulars, to your view of any Content on the SCMP.com Website, and/or to the terms and conditions of this SCMP.com Agreement (collectively the “Records”), though in electronic or digital form, are written and original documents.  

17.2     You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.

18.       GENERAL
18.1     SCMP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this SCMP.com Agreement to any third party at its sole and absolute discretion.

18.2     No failure on the part of SCMP in exercising any right, power or privilege and no course of dealing between you and SCMP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this SCMP.com Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

18.3     SCMP reserves the right to amend the terms and conditions in this SCMP.com Agreement at any time without notice, if any dispute, SCMP reserves the final decision.  

18.4     SCMP and you expressly agree and acknowledge that the terms and conditions of this SCMP.com Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this SCMP.com Agreement by virtue of the provisions of the Contracts (Rights of Third Parties) Ordinance.

18.5     This SCMP.com Agreement shall be governed by and construed in accordance with the laws of Hong Kong.  You agree that any action arising under this SCMP.com Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.

18.6     For enquiries, please contact SCMP’s Customer Relationship Hotline at (852) 2680 8822 or email to digitalsupport@scmp.com.

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