PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
Welcome to the Fortune Star International website. The Fortune Star International website (“Site”) is operated by Fortune Star Media Limited of Unit A, 9/F., MG Tower, 133 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong and its affiliates (“FSML”). Throughout the Site, the terms “we”, “us” and “our” refer to FSML. FSML offers the Site, including all information and services available to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices set out herein.
Please carefully read the TOU and contact us email@example.com if you have any questions or comments about the TOU
FSML may at any time change or update the TOU and such change or update shall be effective upon posting the new TOU on the Site at fortunestarmedia.com. Any visit to the Site or use of the Content on the Site by you after the new Terms are posted will constitute your agreement to such change. It is your responsibility to check periodically for any changes that FSML may make to the TOU. Your continued use of the Site following the posting of changes to the TOU or other policies means you accept the changes. If at any time you do not agree to the TOU, please refrain from using or accessing the Site.
The Content is the exclusive property of and owned by FSML, its licensors or its content providers. The Content is protected by copyright, trademark and other applicable laws. All marks (whether registered trademarks or otherwise) used on the Site are either owned by FSML or licensed to FSML. You may use, access, copy, download and print the Content contained on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content you use, access, copy, download and print. To the fullest extent as permitted by law, your use, access, copying, downloading or printing of the Content for any purposes competitive to FSML are expressly prohibited. FSML or its licensor or content providers retain full and complete title in and to the Content including all associated intellectual property rights and provide the Content to you under a licence that is srevocable at any time by FSML in its sole and absolute discretion. FSML neither warrants nor represents that your use of the Content on the Site will not infringe the rights of third parties not affiliated with FSML.
The Content is intended only for your personal and non-commercial use and you must not alter or erase any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained FSML’s prior written consent or unless it is expressly permitted by FSML on the Site. FSML is limited by the rights that its content licensors grant to FSML. Using technologies to access the Content from territories where FSML does not have rights is prohibited.
The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained FSML’s prior written consent or unless it is expressly permitted by FSML. This prohibition applies even if you do not extract any commercial benefit from the derivative material or you intend to give away the derivative materials.
You must not modify, enhance, or otherwise alter in any way any portion of any applications (or its underlying technology) provided by FSML on the Site to enable you to use the Content or to upload material to the Site (“Enabling Applications”). This restriction includes disabling or otherwise modifying the Enabling Applications in a manner that enables users to view or use the Content or upload material to the Site.
You may not use the Content, including any Enabling Applications, or Post any User Material in any manner that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").
In order that FSML continue to operate the Site and provide Content over the Site safely and in an appropriate manner, FSML need you to use the Site and Content for lawful and appropriate purposes only. More specifically, in using the Site or the Content, you agree not to do anything that:
You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. FSML may take technical measures to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to FSML and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay FSML [HK$50] for each such unsolicited communication you send through the Site.
In order to participate in certain services offered over the Site, or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into the TOU.
Certain features of the Site enable you to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material") on forums, blogs, noticeboards, etc. available on the Site. Posting of User Material is subject to the following rules.
You must not Post User Material that: (a) contains Unsuitable Material (as defined in the TOU); or (b) improperly claims the identity of another person.
You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant FSML the license below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. FSML will remove all User Material if it believes or is notified that such User Material infringes on another person's rights. FSML does not guarantee any confidentiality with respect to any User Material.
FSML does not claim any ownership rights in User Material Posted. However, by Posting your User Material, you grant FSML a royalty-free licence to use, display, reproduce, distribute, sub-license, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Site or any other website or publication managed and operated by FSML or its affiliates worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created.
By Posting your User Material, you also hereby grant each user of the Site a non-exclusive limited license to access your User Material through the Site, and to use, display, reproduce, distribute, and perform such User Material as permitted through the Enabling Applications and under the TOU.
Despite these restrictions, users may still Post Unsuitable Materials. FSML does not endorse any User Material, and User Material that are Posted do not reflect FSML’s opinions or policies. FSML reserves the right, but have no obligation, to monitor User Material and to restrict or remove what FSML determines to be Unsuitable Material. FSML will not assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against FSML with respect to such User Material.
You should notify FSML of any Unsuitable Material you find throughfortunestarmedia.com.
In order that FSML continues to maintain the quality of the Site’s services and to refresh the Content, FSML may find it necessary to change, limit, suspend or discontinue (temporarily or permanently) any aspect of the Site, including some or all of the Content on the Site, at any time without notice. FSML will not be liable to you for any such modification, limitation, suspension or discontinuance of the Site or the Content.
Access to the Site and use of the Content and services offered over the Site is free. FSML may charge for certain premium Content (including services), and you will be notified of this in advance. You will then have an opportunity not to use such premium Content or services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
FSML may from time to time offer various features that require registration or the creation of an account on the Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any FSML representative. You are responsible for all use on your account, including unauthorized use by any third party. It is critical that you do not share your password with anyone.
Please notify FSML firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify FSML if your registration information changes, in case FSML needs to contact you.
You may disable or terminate your account by email@example.com. Please identify your account and provide a valid reply email address in the event FSML require additional information to disable or terminate your account. However, no anonymous notice to FSML will be processed or entertained.
FSML reserves the right to immediately disable, suspend or terminate your account or your use of the Site or the Content (including any services) at any time without notice or liability if FSML determine in our sole discretion that you have breached the TOU, violated any law, rule, or regulation, or engaged in other inappropriate conduct. FSML also reserves the right to disable, suspend or terminate your account or your use of the Site or Content (including any services) if such use places an undue burden on our networks or servers. FSML may use technology to limit activities over the Site or in connection with the Content (including any services) or the volume of User Material (as defined below) being Posted.
You understand that third party content, linked sites and advertisements found on the Site are not under FSML's control, and FSML is not responsible for the content of any linked site or the content of any other link contained in a linked site. FSML reserves the right, at its sole discretion to disable or terminate any link or linking programme, at any time and for any reason it considered appropriate. In providing a link, FSML is not endorsing the companies, products or advertisements to which it links, and shall not be responsible for the actions or omissions of any such company, product or advertisement or the quality or design of any product or content. You access the third party sites linked to the Site, or download any content from the third party linked sites entirely at your own risk. Any dealings you have with advertisers on the Site are between you and an advertiser, and FSML will not liable for any loss or claim that you may have against the advertiser.
FSML does not knowingly accept unsolicited submissions and materials including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FSML's policy is to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any FSML creative work, including a film, series, story, title, or concept, would be purely coincidental.
You agree that use of the Site and the Content is at your own risk. The Site and Content, User Material and any other materials contained on or provided through the Site, are provided "as is" and, to the fullest extent permitted by all applicable laws, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, FSML does not make any warranties of fitness for a particular purpose; or that the site or services thereon will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
In no event shall FSML be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the Site or the Content (including any information, products or services advertised in, obtained on or provided through the Site), whether based in contract, tort, strict liability or other theory, even if FSML has been advised of the possibility of damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You agree to defend, indemnify FSML and hold FSML harmless from and against any and all liabilities, claims, damages, expenses (including reasonable attorney's fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of the TOU and your use of the Site or the Content.
If you believe that any Content, User Material or other material provided over the Site, including through a link, infringes your copyright, you should notify FSML of your infringement claim in accordance with the procedure set forth below.
FSML will process each notice of alleged infringement which FSML receives and take appropriate action in accordance with all applicable laws. A notification of claimed copyright infringement should be emailed firstname.lastname@example.org. You may contact us by mail or facsimile at: Syndication & Distribution, Fortune Star Media Limited, Unit A, 9/F., MG Tower, 133 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong. Facsimile: +852 3996 3700. However, no anonymous notices to FSML will be processed or entertained.
Your notice must be in writing and contain the following:
The Site is controlled by FSML from its officers within the Hong Kong Special Administrative Region. Those who choose to access the Site from other locations do so on this own initiative and are responsible for compliance with all applicable local laws, if and to the extent that local laws are applicable. In particular you must not access the Site or any Content hosted on the Site if doing so would result in a breach of the laws of any country or jurisdiction that apply to you. Any claim relating to the Site or the Content will be governed by the laws of the Hong Kong Special Administrative Region and you irrevocably agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
FSML may assign any or all of its rights and/or obligations in relation to the Site, the Content, User Material or the TOU to any other party, at any time, without notice to you.
The Site may use certain cookies to retain information about you. By using the Site or the Content (whether as a registered user or otherwise), you content to cookies being stored on your computer.
Failure by FSML to strictly enforce any of its rights under or in relation to the TOU shall not be taken as a waiver of those rights, which may be enforced by FSML at any time permitted by applicable law.
The TOU constitutes the entire agreement between you and FSML and governs your use of the Site and the Content (but excluding any services, if any, that FSML may provide to you under a separate written agreement), and completely replaces any prior agreements between you and FSML in relation to the Site or the Content. If any provision of the TOU is unlawful, void or unenforceable, that provision is deemed severable from the TOU and does not affect the validity and enforceability of any remaining provisions.
FSML welcome feedback and comment from you on how FSML can improve the Site. You can provide feedback and comment to FSML via email email@example.com. However, no anonymous feedback or comment to FSML will be processed or entertained.