PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ALL OTHER WEBSITES (THE "WEBSITES") MADE AVAILABLE BY AND RELATED TO SERVICES AND PRODUCTS OF SHORELESS LIMITED AND ITS AFFILIATES ("SHORELESS"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITES. THE WEBSITES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITES.
BY ACCESSING OR USING THE WEBSITES, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS OF USE.
Table of Contents
- User Eligibility
- Scope of Terms of Use
- Modifications
- SHORELESS General Terms of Service and Applicable Service Fees, Prices and Rates
- SHORELESS Privacy Policy
- License and Ownership
- Restrictions on Use of the Websites
- Submissions
- Copyright Complaints
- User Registration, User Account, Password and Security
- Access to Product Related Systems and Information through the Websites
- Outbound and Inbound Links
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- Compliance with Law
- Jurisdiction
- Governing Law, Severability and Language
- Written Document
- Complete Agreement
1 User Eligibility
The Websites are provided by SHORELESS and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law.
If You do not qualify, You are not permitted to use the Websites.
2 Scope of Terms of Use
These Terms of Use govern Your use of the Websites and all applications , software, and services (collectively, "Services") available on the Websites, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Websites ("Service Agreement(s)").
Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
3 Modifications
SHORELESS may revise and update these Terms of Use at any time. Your continued usage of the Websites after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Websites may be changed, supplemented, deleted or updated without notice at the sole discretion of SHORELESS.
SHORELESS may also change or impose fees for products and Services provided through the Websites at any time in its sole discretion. SHORELESS may establish or change, at any time, general practices and limits concerning other SHORELESS products and Services in its sole discretion.
4 SHORELESS General Terms of Service and applicable Service Fees, Prices and Rates
The SHORELESS General Terms of Service applicable to You and the SHORELESS Service Fees, Prices and Rates (to the extent it is applicable to You) in effect at the time of ordering, shipment or any other commitment to our Services and products govern Your use of SHORELESS Services and products obtained through the Websites, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s).
The SHORELESS General Terms of Service and applicable SHORELESS Service Fees, Prices and Rates are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the SHORELESS General Terms of Service and the SHORELESS Service Fees, Prices and Rates.
5 SHORELESS Privacy Policy
The SHORELESS Privacy Policy governs the use of information collected from or provided by You at the Websites. With respect to any individual whose personal information is provided by You to SHORELESS, You represent to SHORELESS that You have obtained all necessary consents for the processing of such personal information contemplated by the Services and products You are using and by the SHORELESS Privacy Policy notice, including the transfer of such data to the Hong Kong Special Administrative Region or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
6 License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Websites and its contents (the "Content") are the sole property of SHORELESS, its affiliates or third parties. The Content is protected by copyright and other laws in both the Hong Kong Special Administrative Region and other countries. Elements of the Websites are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Websites are trademarks, service marks or trade dress ("Marks") of SHORELESS, its affiliates or other entities that have granted SHORELESS the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of SHORELESS.
Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Websites in any way without SHORELESS's or the appropriate third party's prior written permission. Except as expressly provided herein, SHORELESS does not grant to You any express or implied rights to SHORELESS's or any third party's Intellectual Property.
SHORELESS grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Websites, Content and Services only in the manner presented by SHORELESS, and (b) access and use the SHORELESS computer and network services offered within the Websites (the "SHORELESS Systems") only in the manner expressly permitted by SHORELESS. Except for this limited license, SHORELESS does not convey any interest in or to the SHORELESS Systems, information or data available via the SHORELESS Systems (the "Information"), Content, Services, Websites or any other SHORELESS property by permitting You to access the Websites.
Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of SHORELESS. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by SHORELESS.
7 Restrictions on Use of the Websites
In addition to other restrictions set forth in these Terms of Use, You agree that:
- You shall not disguise the origin of information transmitted through the Websites.
- You will not place false or misleading information on the Websites.
- You will not use or access any service, information, application or software available via the Websites in a manner not expressly permitted by SHORELESS.
- You will not input or upload to the Websites any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Websites or Information or that infringes the Intellectual Property rights of another.
- Certain areas of the Websites are restricted to clients, customers, partners and/or affiliates of SHORELESS.
- You may not use or access the Websites or the SHORELESS Systems or Services in any way that, in SHORELESS's judgment, adversely affects the performance or function of the SHORELESS Systems, Services or the Websites or interferes with the ability of authorized parties to access the SHORELESS Systems, Services or the Websites.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of SHORELESS.
8 Submissions
SHORELESS is happy to receive your reviews, comments, guide lines, ideas, concepts, or techniques for Services or products through the Websites ("Submissions"). If such Submissions are received, You acknowledge that:
- Submissions will not be considered confidential or proprietary.
- SHORELESS and its affiliates are under no obligation to keep Submissions confidential.
- SHORELESS will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, unpublish and exploit such Submissions in any manner it chooses.
9 Copyright Complaints
Some works posted within the Websites have been submitted to SHORELESS by third parties, including visitors of the Websites ("Content Suppliers"). SHORELESS expects these Submissions being created by the Content Suppliers themselves for being used by SHORELESS. However, SHORELESS is not in a position to verify this for all submitted Content and cannot therefore make any warranties, express or implied, with respect to the works as to their completeness, merchantability, fitness for purposes, non-infringement of intellectual property rights, or that they are free of viruses. SHORELESS shall not be liable in any way for any loss or damage arising directly or indirectly from or in connection with the works posted on the Websites.
If you believe that your work has been copied and used within any Content of the Websites in a way that constitutes copyright infringement, email to us at copyright@shoreless.limited and SHORELESS shall in its sole discretion take any actions to remove these works from the Websites.
10 User Registration, User Account, Password and Security
Some Services provided on the Websites require You to register an user account with the Websites ("SHORELESS Account"). When registering a SHORELESS Account, you agree to
- provide true, accurate, current and complete information about yourself or your company as prompted by the registration form (such information being the “Registration Data”) and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or SHORELESS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SHORELESS has the right to suspend or terminate your SHORELESS Account and refuse your current or future use of the Services or any portion thereof.
You will receive an account designation upon completing the registration and will be able to provide a personal password for further access to your SHORELESS Account. You are responsible for using a non-guessable, unique and secure password, and maintaining the confidentiality of your password and SHORELESS Account.
Additionally and for your convenience, you are able to link your social network user accounts as one-click third-party login providers to your SHORELESS Account. It is in your sole responsibility that you properly logout from these linked third-party accounts so that they cannot be used by others to access your SHORELESS Account.
You are fully responsible for all activities that occur under your password or SHORELESS Account. You agree to
- immediately notify SHORELESS of any unauthorized use of your password or SHORELESS Account or any breach of security, and
- ensure that you exit from your SHORELESS Account and any linked third party login providers at the end of each session.
SHORELESS cannot and will not be liable for any loss or damage arising from your failure to comply with the above provisions.
11 Access to Product Related Systems and Information through the Websites
Your use and access of the Product Related Systems and Information are subject to the following terms:
- The "Product Related Systems" are comprised of the SHORELESS Systems which are used to provide You with the ability to configure Your Services and products, monitoring performance, fiscal data and budgets, obtaining additional documentation and support, as well as other functions and information related to Your Services and products obtained from SHORELESS. The Product Related Systems and Information gained from such systems ("Product Information") are to be used by You solely in connection with Services and products shipped to and ordered by You or on Your behalf and for no other purpose.
- The Product Related Systems and Product Information are the private property of SHORELESS. SHORELESS authorizes You to use the Product Related Systems and Product Information solely in connection with Services and products shipped to and ordered by You or on Your behalf and for no other purpose. Without limitation, You are not authorized to make the Product Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Product Information for commercial gain without the express written consent of SHORELESS. This is a personal service, thus Your right to use the Product Related Systems and Product Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
- Any use in connection with the Product Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited without the express written consent of SHORELESS.
12 Outbound and Inbound Links
Outbound Links
The Websites may contain links to third-party websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by SHORELESS of the content on such Linked Sites. SHORELESS makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. SHORELESS is not responsible for the availability of the Linked Sites or the content or activities of such sites. SHORELESS sets links to Linked Sites with care. At the time of setting the links, we check the Linked Sites for illegal and non-appropriate contents. However, SHORELESS cannot guarantee that Linked Sites won't change and has no way to influence its contents after they have been linked on the Websites. SHORELESS shall not be liable in any way for any loss or damage arising directly or indirectly from or in connection with accessing the Linked Sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
Inbound Links
Linking to any publicly available page of the Websites is explicitly allowed. However, any website or other device that links to the Websites or any page available therein is prohibited from
- replicating Content other from citations and image previews with a full reference to the source(s),
- using a browser or border environment around the Content,
- implying in any fashion that SHORELESS or any of its affiliates are endorsing it or its products,
- misrepresenting any state of facts, including its relationship with SHORELESS or any of its affiliates,
- presenting false information about SHORELESS's Services or products, and
- using any logo or mark of SHORELESS or any of its affiliates without express written permission from SHORELESS.
13 Termination
You agree that SHORELESS, in its sole discretion, may terminate or suspend Your use of the Websites, the SHORELESS Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately
- discontinue use of the Websites, and
- destroy any copies You have made of any portion of the Content.
Accessing the Websites, the SHORELESS Systems, Information or Services and products after such termination, suspension or discontinuation shall constitute an act of trespass.
Further, You agree that SHORELESS shall not be liable to You or any third party for any termination or suspension of Your access to the Websites, the SHORELESS Systems, Information and/or the Services and products.
14 Disclaimer of Warranties
SHORELESS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITES, THE SHORELESS SYSTEMS, THE SERVICES, THE PRODUCTS, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEBSITES, THE SHORELESS SYSTEMS, THE INFORMATION, THE SERVICES, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. THEY MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. SHORELESS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SHORELESS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITES OR THE SHORELESS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY SHORELESS IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
15 Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT SHORELESS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, SHORELESS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHORELESS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITES, THE SHORELESS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHORELESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
16 Compliance with Law
You agree to use the Websites in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of SHORELESS, negatively reflect on the goodwill or reputation of SHORELESS and shall take no actions which would cause SHORELESS to be in violation of any laws, rulings or regulations applicable to SHORELESS.
SHORELESS and the Websites are based in the Hong Kong Special Administrative Region. The Hong Kong Special Administrative Region and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the Hong Kong Special Administrative Region or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
17 Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES, THE SHORELESS SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN THE RESPONSIBLE COURTS SITTING IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION. IF LAW ENFORCEMENT REGULATIONS WITHIN YOUR JURISDICTION REQUIRE ANY OF THESE PROCEEDINGS TO BE SETTLED WITHIN YOUR JURISDICTION, SHORELESS MAY TO ITS SOLE DISCRETION CHOOSE TO INSTITUTE ANY SUCH PROCEEDING AT THE RESPONSIBLE COURTS WITHIN YOUR JURISDICTION. NO MATTER THE FINAL JURISDICTION, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES, THE SHORELESS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18 Governing Law, Severability and Language
To the fullest extent permitted by law, these Terms of Use are governed by the law of Hong Kong Special Administrative Region, without regard to the Conflict of Law provisions thereof. If required by Your local law enforcement regulations SHORELESS at its sole discretion chooses Your jurisdiction for settling disputes arising out of or relating to your use of the Websites, the SHORELESS Systems, Information, Services and content, the laws in place within Your jurisdiction will apply.
If any provision of these Terms of Use is found to be invalid, illegal or unenforceable in any respect for any reason by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity, legality and enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation not stating otherwise has been provided for Your convenience only. You may view the English language version by
- returning to the home page for the country that You have selected,
- selecting the English link at the top of the page, and
- then clicking on the link to the Website Terms of Use located at the bottom of the page.
19 Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
20 Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND SHORELESS OR IN THE SHORELESS GENERAL TERMS OF SERVICE OR APPLICABLE SHORELESS SERVICE FEES, PRICES AND RATES, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SHORELESS WITH RESPECT TO THE USE OF THE WEBSITES, THE SHORELESS SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.