TERMS OF SERVICE

Legal
TERMS OF SERVICE
Welcome to Executive-Lifestyles.com, a news, information and communication service available on the Internet’s World Wide Web. The service combines both online and offline marketing of events, business, products and/or services with additional material available only on Executive-Lifestyles.com. It is an affiliate of Fiesta Global Limited (hereinafter referred to as “Fiesta”).
1. Your agreement with Executive-Lifestyles.com
You understand and agree that, by visiting Executive-Lifestyles.com and its affiliated sites, you are accepting, without modification, these Terms of Service. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of Executive-Lifestyles.com In agreeing with this Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use Executive-Lifestyles.com with the consent of a parent or legal guardian.
2. Revisions to Terms of Service
These Terms of Service are subject to revision from time to time by Executive-Lifestyles.com and your continued use of Executive-Lifestyles.com means you agree to, without modification, the revised Terms of Service. Should you object to any such revisions to these Terms of Service or become dissatisfied with Executive-Lifestyles.com in any way, your only recourse is to immediately terminate your membership and discontinue use of Executive-Lifestyles.com.
3. Copyright and other intellectual property rights
Material published on Executive-Lifestyles.com, including articles, photos, Content Feeds, graphics, bulletin board postings, audio and video clips, trademarks, service marks, and other content (“Content”), is copyrighted by Fiesta Global Limited., or by other information providers who have licensed their content for use. Additionally, the entire content of Executive-Lifestyles.com is protected by copyright as a
collective work owned by Fiesta Global Limited. You may not reproduce, republish or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors and others, including member-submitted content, without the written consent of the copyright owner.
4. License and access Executive-Lifestyles.com
Subject to these Terms of Service, Executive-Lifestyles.com grants you permission to access Executive-Lifestyles.com and view the content solely for your personal, non-commercial use. In addition to viewing content online, you may electronically store a reasonable portion of Executive-Lifestyles.com content for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, or a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.
These rules also apply to your use of Executive-Lifestyles.com:
a. You will not in any way infringe or misappropriate any of the intellectual property in and to the content accessible through Executive-Lifestyles.com. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of Executive-Lifestyles.com or others except as expressly permitted herein.
b. You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the World Wide Web or otherwise, and whether or not for payment, without the express written permission of Fiesta Global Limited, Executive-Lifestyles.com, or any other third party copyright holder. In some cases you may use individual stories that appear on Executive-Lifestyles.com as specifically designated by the functionality of Executive-Lifestyles.com (e.g., e-mail a story to a friend or purchase the rights to reproduce a story for other use). In such cases we can communicate such rights to you directly in the applicable portion of the content.
c. You will cooperate promptly and completely with any reasonable request made by Executive-Lifestyles.com and/or Fiesta Global Limited related to an investigation of infringement of copyright or other proprietary right.
To obtain permission to reuse or republish please contact us directly at Fiesta Global Limited. Please contact us directly at the information provided below or on the homepage.
5. Member-submitted content
Members and other users of Executive-Lifestyles.com may be able, as dictated by the functionality of Executive-Lifestyles.com, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on Executive-Lifestyles.com (“Member Content”). You are solely responsible for Member Content that you submit, and Executive-Lifestyles.com acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, Executive-Lifestyles.com reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, or any copyright or third-party rights.
By submitting or otherwise making available any Member Content to Executive-Lifestyles.com, you automatically grant Executive-Lifestyles.com and/or Fiesta Global Limited a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of Executive-Lifestyles.com (collectively, “use”), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Executive-Lifestyles.com uses such content. You also grant Executive-Lifestyles.com and/or Fiesta Global Limited, the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to Executive-Lifestyles.com or Fiesta Global Limited, for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to Executive-Lifestyles.com and/or Fiesta Global Limited that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license
above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
6. Online conduct
Executive-Lifestyles.com encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user’s right to use and enjoy Executive-Lifestyles.com is prohibited. Executive-Lifestyles.com reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Service. Specifically, you may not do (or attempt to do) any of the following:
a. Provide any information that is false, misleading or inaccurate.
b. Use any portion of Executive-Lifestyles.com for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
c. Use any portion of Executive-Lifestyles.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
d. Use any portion of Executive-Lifestyles.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
e. Use any portion of Executive-Lifestyles.com for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
f. Interfere with any other person’s use of or the proper functioning of Executive-Lifestyles.com.
g. Misrepresent your identity or impersonate any person.
h. Hold yourself out as sponsored by, endorsed by, or affiliated with
Executive-Lifestyles.com, and/or Fiesta Global Limited.
i. Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from Executive-Lifestyles.com.
j. Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i) disrupt, damage, or limit the functioning of Executive-Lifestyles.com, any software, hardware, or telecommunications equipment used in connection therewith; or (ii) damage or obtain unauthorized access to any data or other information of any third party.
k. Take any action that: (i) imposes or may impose, in Executive-Lifestyles.com’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of Executive-Lifestyles.com; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of Executive-Lifestyles.com.
8. Disclaimer and Limitation of Liability
While Executive-Lifestyles.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Executive-Lifestyles.com warrant or guarantee that any files available for downloading will be free of defects.
The content, services, and features of Executive-Lifestyles.com are subject to change without notice. The inclusion of any content, services, and features on Executive-Lifestyles.com at a particular time does not imply or warrant that these products or services will be available at any time.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of Executive-Lifestyles.com and the accuracy and completeness of any information is with you.
Opinions, advice and all other information expressed on Executive-Lifestyles.com forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual’s own views and are not necessarily those of Executive-Lifestyles.com. Executive-Lifestyles.com does not endorse and is not
responsible for statements, advice and opinions made by anyone other than authorized Executive-Lifestyles.com spokespersons.
Any investment decisions or other actions that users take based on information available on Executive-Lifestyles.com should first be reviewed by a competent financial adviser or other professional. THE Executive-Lifestyles.com SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
9. Limitation of Liability
In no event will Executive-Lifestyles.com, Fiesta Global Limited or any affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Executive-Lifestyles.com, or any information or services provided on Executive-Lifestyles.com, even if Executive-Lifestyles.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on Executive-Lifestyles.com. IN NO EVENT WILL C, FIESTA GLOBAL LIMITED OR ANY AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Indemnity
You will defend, indemnify, and hold harmless Executive-Lifestyles.com, Fiesta Global Limited. and any affiliates from: (i) your use of and access of Executive-Lifestyles.com; (ii) your violation of any of these Terms of Service; (iii) your violation of any
third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of Executive-Lifestyles.com.
11. Jurisdiction
This agreement between Executive-Lifestyles.com and its users will be governed and interpreted under the laws of the Hong Kong Special Administrative Region. In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
12. Arbitration
Any legal controversy or legal claim arising out of or relating to these Terms of Service or Executive-Lifestyles.com, shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
13. Severability
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
14. Complete Agreement
These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
15. Force Majeure
Neither party will be liable for any failure to perform any obligation (other than
payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
16. Void Where Prohibited by Law
These Terms of Service are void where prohibited by law, and the right to access Executive-Lifestyles.com is revoked in such jurisdictions.
17. Offices
Executive-Lifestyles.com and Fiesta Global Limited is located at FIESTA 13/F, 68 Yee Wo Street, Causeway Bay, Hong Kong.