Terms and Conditions
Please read these Terms and Conditions of Use carefully before you use this website www.pointsart.org ('the Site'). By accessing and/or using the Site, you accept and agree to abide by the following terms and conditions ('the Agreement').
Points Center for Contemporary Art (Points) may revise these Terms from time to time; you are responsible for checking this page when you visit the Site to ensure that you are familiar with the most recent Terms and Conditions of Use.
Content
1. Limited Agreement
2. Permitted Uses
3. You May Not …
4. Security Maintenance on the Site
5. Points' Privacy Policy
6. Disclaimer of Liability
1. Limited Agreement
Points’ website consists of online publications and electronic databases containing 'Contents' (as defined herein) in conjunction with software and other electronic tools that are designed to permit you to access, use, reference, and conduct research into such Contents for limited purposes.
1-1. Contents include all images, cataloguing and other texts, graphics, and all other materials incorporated into PCAC's website, including Contents selected by Points.
1-2. Points hereby grants you a limited, nonexclusive license to access and use the Site, and to use the material here solely in accordance with these Terms and Conditions of Use. You may not sublicense, assign, or transfer the Agreement; and any attempt at such sublicense, assignment, or transfer is void.
2. Permitted Uses
You may access or use the Contents in the Site as described in this paragraph. Unless otherwise indicated in relation to specific elements of the Site, you are free to:
2-1. Permitted Use: copy, transmit, and make available the Contents of this Site for your personal and/or educational reference. You may not modify the Contents of any material you access in any way or share such Contents with anyone else unless it is permitted under a Creative Commons licence.
2-2. Attribution: you must give acknowledgement or credit to the respective copyright owner(s) and acknowledge Points for making the material accessible. You must also keep all attributed information intact (but not in any way that suggests those attributes endorse you or your use of the Site or its Contents).
2-3. Non-commercial use: Unless otherwise stated the Site and its Contents can be used by public Users for non-commercial, scholarly, and educational uses set forth herein. Commercial use (including displays, performances, reproductions, and distributions) of the Site and its Contents are strictly prohibited.
3. You May Not …
3-1. Use the Site, or use, display, make performances with, reproduce, or distribute Contents from the Site, for any commercial purpose whatsoever, including but not limited to fee-for-service use of the Site. Neither may you make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; Distribute and/or make available Contents in the Site to persons other than as expressly permitted herein;
3-2. Download or print, or attempt to download or print, substantial portions of the Site, except for your own personal or educational research use;
3. Incorporate Contents into print or electronic materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press);
3-4. Use (including reproduction, distribution, display, or making a performance of) the Site in any way that may infringe another's Intellectual Property Rights;
3-5. Make any adaptation or modification of, or any derivative work from Contents, unless the contents is licenced under a Creative Commons licence;
3-6. Attempt to override, circumvent, or disable any encryption features or software protections employed in the Site;
3-7. Post, transmit, or otherwise distribute any virus, worm, or other code that may be damaging to software or hardware;
3-8. Share the Contents with anyone else unless such sharing is licenced under a Creative Commons licence;
3-9. Advertise on the Site.
4. Security Maintenance on the Site
Points reserves the right to remove or block the access of a User (registered or not) to the Site, if the User has breached any provision of this Agreement.
5. Points' Privacy Policy
Your use of the Site demonstrates your agreement with Points' Privacy Policy, which may be revised from time to time as well. Please click here to access a copy of the Privacy Policy.
6. Disclaimer of Liability
Points and its service providers make diligent efforts to maintain the Site. Users access and use the information available on the Site and the materials accessible on the Internet at their own risk. The Contents of the Site have been compiled from a variety of sources and are subject to change without notice.
6-1. Points, its employees, and agents do not warrant that the Site will be available, uninterrupted or error free, or that the information or the Site are free from viruses and other harmful components.
6-2. Points and its service providers are not responsible for any defects or failures associated with the Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
6-3. Except to the extent required by applicable law, in no event will Points be liable on any legal theory for any special, incidental, consequential, punitive, or exemplary damage arising out of this Agreement or the use of the Site and its Contents. In particular, it will not be liable for the following:
a. accuracy, completeness, etc. of the Site or its Contents;
b. any infringement of privacy, publicity, or other rights;
c. any use by third parties that goes beyond the rights expressed in these Terms and Conditions of Use.
6-4. If a User discovers any image or information on this Site that should not be published, please contact Points’ webmaster at info@aaa.org.hk.
6-5. Points disclaims all liability for any direct, indirect, consequential, and/or incidental loss and damages, business interruptions, and/or loss of profit arising from all use of the Site including without limitation the User's reliance on the information on the Site.