These Terms and Conditions are the terms on which International Watercolor Magazine offers you access to International Watercolor Magazine ‘s services and websites. By viewing our websites and using our services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using our websites and services. International Watercolor Magazine is solely owned by Evercare Limited , and is a registered company in Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).
USE OF THE SITE
1. International Watercolor Magazine grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services, and the texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials (“Content”) thereon, for your personal informational use only, provided that you comply fully with these Terms.
2. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of International Watercolor Magazine
3. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including, without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of International Watercolor Magazine. Any images of artworks on the Site or Services are provided for use only in the context of the Site or Services, and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to International Watercolor Magazine.
4. In the event that an International Watercolor Magazine product is mistakenly listed at an incorrect price, International Watercolor Magazine reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
5. You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy International Watercolor Magazine’s Site, Services, or any content contained thereon or for any other purpose without International Watercolor Magazine’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on International Watercolor Magazine’s infrastructure.
6. International Watercolor Magazine may amend these Terms and Conditions in whole, or in part from time to time. Amendments will be effective immediately upon posting on this website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of our website and our services represents your agreement to be bound by these Terms and Conditions as amended.
7. You agree that International Watercolor Magazine may terminate your use of this Site and Services, cancel your user registration, and/or exercise any other remedy available to it, if International Watercolor Magazine reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of International Watercolor Magazine or any third party, or for any reason, with or without notice to you. You agree that International Watercolor Magazine will not be held liable to you or any third party as a result thereof.
8. Without limiting any other rights and remedies available to International Watercolor Magazine, International Watercolor Magazine may limit your activities on the Website, warn others of your actions, issue a warning to you, suspend or terminate your registration, or refuse to provide services to you if you breach these Terms and Conditions or where International Watercolor Magazine considers it appropriate.
NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
2. You acknowledge that Communications to and from the Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to International Watercolor Magazine or the Site or Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and International Watercolor Magazine, any International Watercolor Magazine affiliate, or subsidiary other than pursuant to these Terms.
3. International Watercolor Magazine shall not be responsible for the payment of any money to any party in connection with International Watercolor Magazine’s use of Communications submitted by you to the Site.
1. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of International Watercolor Magazine to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another member’s acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. International Watercolor Magazine’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a registration or transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
COPYRIGHT POLICY AND LICENCES
1. The Content, Site, and Services are protected by the Hong Kong and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). International Watercolor Magazine or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
2. You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of International Watercolor Magazine and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
3. International Watercolor Magazine respects the intellectual property of others and requires that you do the same. In accordance with the Intellectual Property Department (“IPD”), more information of which may be found on the Hong Kong Intellectual Property Department’s website at http://www.ipd.gov.hk/, International Watercolor Magazine will respond expeditiously to notices of alleged copyright infringement that are duly reported to the IPD.
4. The sale of an artwork or its subsequent export or import into another country may require certain licences including but not limited to resale royalties, export or import licences. It is the buyer’s responsibility to inform themselves with respect to those licences and where necessary to obtain the appropriate licences and pay necessary royalties. To the extent permitted by law, International Watercolor Magazine has no liability for any such licence costs or resale royalties.
1. International Watercolor Magazine is committed to protecting your privacy, and is fully compliant with the Hong Kong Personal Data (Privacy) Ordinance (the PDPO). In order to provide you with the latest news, as well as the activities of our partners, we would like to use your personal data in our records including your name, email and address.
2. International Watercolor Magazine may also contact you about the products and services offered by our sponsors and business partners in, including, but not limited to, banking and finance, insurance, luxury brands, high-end fashion, wine and spirits, travel and hospitality, the art industry, logistics, media, automotive industry, software, telecommunications and education. International Watercolor Magazine would like to use your personal data for these promotional purposes selectively but we will not disclose or sell your personal data to any third party.
3. International Watercolor Magazine collects personal information about you through your use of the Services and the Website, including:
1. Your registration details; and
2. Information relating to your use of the Website and the content you access.