Hong Kong Art Gallery Association (HKAGA) – Terms and Conditions
Effective Date: 01/01/2025
These Terms of Use ("Terms") constitute a legally binding agreement between the Hong Kong Art Gallery Association ("HKAGA", "we", "us") and any individual or entity ("User", "you") accessing or using www.hk-aga.org ("Website").
By accessing the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms; and warrant that you have the legal capacity to enter into this agreement.
1. Intellectual Property Rights
1.1 All content, features, and functionality on the Website, including but not limited to text, graphics, logos, interfaces, and compilations ("HKAGA Content"), are the exclusive property of HKAGA or its licensors, protected under the Copyright Ordinance (Cap. 528) and international intellectual property laws.
1.2 Unauthorized use of HKAGA Content, including but not limited to reproduction, modification, distribution, or commercial exploitation without prior written consent from HKAGA, is strictly prohibited.
2. Contributor Obligations & Liabilities
2.1 Definitions
"Contributor" refers to any user granted permission by HKAGA to upload, publish, or distribute content on the Website.
2.2 Warranties and Representations
Contributors expressly warrant and represent that:
(a) They own or have obtained all necessary rights, licenses, consents, and permissions to upload and publish submitted content ("User Content") on the Website;
(b) Uploaded and published User Content does not infringe upon any third-party rights or violate applicable laws;
(c) All required permissions, releases, or licenses (e.g., from artists, designers, photographers, collectors, or any related rights owners) have been obtained before uploading and publishing on the Website.
2.3 Indemnification
Contributors agree to indemnify, defend, and hold harmless HKAGA from:
(a) Any claims, damages, or losses (including legal fees) arising from breach of Section 2.2;
(b) Costs related to the removal or disabling of infringing content;
(c) Any penalties or fines resulting from unlawful content.
2.4 Disclosure and Cooperation
HKAGA may, at its sole discretion:
(a) Disclose Contributor identity to rights holders or legal authorities in infringement cases;
(b) Require proof of rights ownership for contested content;
(c) Permanently ban repeat infringers from the Website.
2.5 Content Removal and Disable Access
HKAGA reserves the right to remove any User Content or disable access to any content without prior notice if:
(a) It receives a valid infringement claim; or
(b) It reasonably suspects a violation of these Terms.
3. Prohibited Conduct
Users and Contributors shall not:
3.1 Use the Website to violate any applicable laws, regulations, or third-party rights;
3.2 Upload, post, or transmit content that:
(a) Infringes intellectual property rights;
(b) Contains defamatory, obscene, or unlawful material; or
(c) Compromises the security or functionality of the Website;
3.3 Engage in data mining, scraping, or other unauthorized automated access to the Website.
4. Disclaimers & Limitation of Liability
4.1 The Website is provided "as is" without warranties of any kind, express or implied. HKAGA disclaims all liability for:
(a) Inaccuracies or errors in Website content;
(b) Unauthorized access to or alteration of User transmissions;
(c) Any third-party conduct on the Website.
4.2 To the fullest extent permitted by law, HKAGA shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from Website use.
5. Dispute Resolution & Governing Law
5.1 Any disputes shall be resolved exclusively through arbitration in Hong Kong under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules.
5.2 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
6. Amendments
HKAGA reserves the right to modify these Terms at any time. Continued use of the Website following changes constitutes acceptance of the revised Terms.