TERMS AND CONDITION
1. Introduction
Welcome to dimzi.co, a property of Passionation (Hong Kong) Limited, a corporate body doing business in the Hong Kong Special Administrative Region of the People’s Republic of China. This document constitutes a legally binding agreement ("Agreement") governing the terms of use for our websites: dimzi.hk, dimzi.com.hk and dimzimagazine.com (collectively, the “dimzi.co Sites”). By using this website, you signify your acceptance to this Agreement.
Throughout this document, the words "dimzi,” "us," "we," and "our," refer to us, dimzi.co our website , or our services, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
dimzi.co is an online magazine..
3. Information Supplied
When using the dimz.coi Sites to place an order, you will provide your name, email address, mailing address, date of birth, payment information and telephone number.
In addition to providing us with the above information about yourself, if a higher minimum age of contractual capacity exists in your jurisdiction, you must be at least that age. Additionally, you are not considered to be under a disability to enter into a contract with us, whether it be because of an embargo in or against your jurisdiction or any other reason.
4. Image Terms of Use
Editors typically include images as part of their blog posts and the images that they are authorized to use includes the following:
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
5. Editorial Control
We have the right, but not the obligation, to monitor or review all materials posted by any users on dimzior within our editorial comments. We reserve the right to edit, refuse to post or to remove any information or materials that we believe is objectionable or violates this Agreement, the Terms & Conditions, or applicable laws or regulations. We may remove any review or comment at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such review or comment), or for no reason at all, with or without notice.
We may also impose limits on certain features, restricting your access to part or the entire website if it is believed that you may be in breach of these Terms & Conditions, any applicable laws/regulations and/or for any other reason without notice or liability to us. Furthermore, it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.
6. Contest Disclaimer
The maximum number of entries per person allowed during a contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in such a contest. Passionation Hong Kong is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating in a contest, all entrants agree to abide by these official contest rules.
The winner(s) of a contest will be selected at random from the qualifying entries and will be contacted via email within a weeks following the draw. Winner(s) must contact the person detailed in the email for confirmation and their full name will appear on the relevant dimzi.co Site. In the event that the selected winner(s) does not respond within a week from the date of receiving the email, another entrant will be selected in replacement. Please note that Passionation Hong Kong is not responsible for the payment of any customs or duties that may be incurred by contest winner(s).
In consideration for your participation in a contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Passionation Hong Kong, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and known to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in a contest is not to be construed as an admission of any liability and acceptance of assumption of responsibility by Passionation Hong Kong, its officers, board and employees, jointly and severally, for all damages and expenses for which Passionation Hong Kong, its officers, board and employees, become liable as a result of any alleged act of the contest participant.
Prizes are non-transferable and cannot be exchanged for cash.
Passionate Hong Kong reserves the right to offer an alternative prize if any prize is not available or under special situations.
Social Media Platform
7. Online Social Media PlatformPolicy
You do not have to register in order to visit the dimzi.co Sites. To have access to certain features of the dimzi.coSites, though, including our priority content, product sampling and contest, users will need to create a dimzi.co account.
You must be at least eighteen years of age to take part in our online community.
At any time without notice, we may, at our discretion, suspend your access to dimzi.co, terminate your dimzi.co account or remove your user content from any part of our website.
The dimzi.co platform is a public place intended for entertainment, learning, and interacting with like-minded individuals. We are not responsible for any decisions you make based on something you read on the dimzi.co.
When you post any comments or other material on our websites, in our Forum, our comments sections or elsewhere, you agree to the following:
We do not expressly or implicitly endorse any user content submitted by users to the dimzi.co community. We take no responsibility for the content or share any views or statements expressed by any users on the dimzi.co Sites, the dimzi.co Platforms or within our editorial comments.
You are solely responsible for your own user content and the consequences of submitting your user content to the dimzi.co Sites. We do not guarantee any confidentiality regarding the user content you submit.
By submitting user content, you hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content, including without limitation for promoting and redistributing part or all of your user content in any media formats and through any media channels now or hereafter known. You also hereby grant each user of the website a non-exclusive license to access your user content through the website.
8. General Rules of Conduct
In addition to the requirements of our Online Community Policy above, as a part of using the dimzi.co Sites, you must not:
We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
9. Third-Party Websites, Advertisers or Services and User-Posted Links
The dimzi.co Sites may include hyperlinks to third-party websites, advertisers or services that are not owned or controlled by us, as well as third-party hyperlinks posted by users on our dimzi.co Platforms, its private messaging service, or in our blog comments section. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services. If you access a third-party website from our website, you do so at your own risk and you understand that these Terms & Conditions and our Privacy Policy do not apply to your use of such sites. You acknowledge that we have no liability arising from your use of any third-party website or services or third-party content, or from your posting of any third-party links. We encourage you to review the terms of use and privacy policy of any third-party website or service that you visit.
Legal
10. Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.
11. Trademarks
"dimzi" is a trademark used by us, Passionation Hong Kong Limited, to uniquely identify our website, business, and service. You agree not to use any of our trademarks, service marks, designs, and logos anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
12. Communications Decency Act
As we are located in Hong Kong, we have certain defenses available to us for liability for defamation posted on our website by third parties, such as in our forums or on our blog. We recommend that you review the decision of the High Court of the Hong Kong Special Administrative Region Court of First Instance in the case of Oriental Press Group Ltd. and Another v. Fevaworks Solutions Ltd. Specifically, the law in Hong Kong is that we are a "subordinate distributor" and not automatically liable for the defamatory material of another who posts on our website.
Our Online Community Policy (described above) prohibits defamation from being published on our website. In order to complain about defamatory material on our website, please notify us with full details of where the defamation is located on our website (provide us with the URL), your name, and an explanation of how the material is defamatory. We will respond within a reasonable timeframe and, if it appears that there are grounds to believe the material is defamatory, we will remove it. You may send your request to enquiry@dimzi.co.
Special Note to American Users
Please note that if you are thinking of suing us in the United States, Section 230 of the Communications Decency Act prohibits you from holding us liable for the comments of a third party. Additionally, the SPEECH Act prohibits you from enforcing in the United States any judgments obtained against us in a Hong Kong court for a third party’s defamatory statements, and if you attempted to sue us in a Hong Kong court for the actions of a third party our lawyers would make a motion in the U.S. courts where your deposition is to be taken to prevent such a deposition from occurring. Therefore, we stress the importance of following the proper Hong Kong notification procedure as described above.
13. Revocation of Consent
Where Passionation Hong Kong Limited has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
14. Applicable Laws
The dimzi.co Sites (excluding linked sites) are controlled by Passionation Hong Kong Ltd., from its offices within Hong Kong SAR. By accessing the dimzi.co Sites, you and Passionation Hong Kong Ltd. agree that the statutes and laws of Hong Kong SAR, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the dimzi.co Sites. Those who choose to access the dimzi.co Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Indemnification
You agree to indemnify, defend, and hold harmless Passionation ong Kong Ltd. and our affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) that: (i) arise from your activities on the website; (ii) assert a violation by you of any term of these Terms & Conditions; (iii) assert that any user content you submitted to the website violates any law or infringes any third party right, including any intellectual property or privacy rights; or (iv) any breach of our General Rules of Conduct or our Online Community Policy as detailed above. This defense and indemnification obligation will survive these Terms & Conditions and your use of the website.
16. Warranty Disclaimer
We provide this website on an “as is” and “as available” basis. You therefore use the website at your own risk. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, we make no representation or warranties (i) that the website will be permitted in your jurisdiction; (ii) that the website will be uninterrupted or error-free; (iii) concerning any third party’s use of user content that you submit; or (iv) concerning any user content submitted by any other user.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT ACTIVELY SCREEN BLOG COMMENTS AND FORUM POSTS BEFORE THEY ARE UPLOADED TO OUR WEBSITE BY THIRD PARTIES AND, WHETHER OR NOT WE WOULD OTHERWISE NORMALLY BE HELD LIABLE FOR SUCH WORDS UNDER THE LAWS OF HONG KONG OR ANY OTHER JURISDICTION, WE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE IS OFFERED BY US FROM OUR FACILITIES IN HONG KONG. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
18. Modifications of Terms & Conditions
We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.
19. Copyright Infringement Claims
If you are a copyright owner or agent thereof and believe that any of the content on the dimzi.co Sites infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our copyright agent (the “Copyright Agent”) with the following information:
This contact information is only for suspected copyright infringement. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
20. Contact Information
If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of dimzi.co by sending an email to enquiry@dimzi.co